HomeMy WebLinkAboutMINUTES - 10161984 - 2.3 BOARD OF SUPERVISORS
FROM: Phil Batchelor,
Contra
County Administrator , Costa
DATE: October 10, 1984 County
SUBJECT: Tier II Retirement System Choice
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
It is recommended that your Board adopt an enabling resolution, to imple-
ment the provisions of Senate Bill 1788 as requested by your Board, allow-
ing employees entering the County retirement system with reciprocal rights,
the opportunity to elect membership in Tier I.
BACKGROUND
Senate Bill 1788 which has been approved by the Governor as an urgency
measure authorizes the Contra Costa County Board of Supervisors to adopt a
resolution allowing employees entering our retirement system with reciprocal
rights from another agency to elect membership in Tier I of our system,
rather than to automatically join Tier II as is now required.
The proposed resolution will cover any employee who has joined the retire-
ment system since enactment of Tier II July 31, 1980, plus future employees.
The proposed resolution allows the statutory maximum of 90 days from the
date of the resolution, or 90 days from entry to the retirement system,
which ever is later, for an irrevocable election of Tier I membership.
In summary, the proposed resolution is the enabling action necessary by
your Board to implement the provisions of SB 1788 which was introduced by
Senator Petris at the request of your Board. The resolution language was
prepared by County Counsel and has the concurrence of the Retirement
Administrator.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
xx RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMENDATION BOARD COMMITTEE
XX APPROVE � OTHER
i
SIGNATURE(S)
ACTION OF BOARD ON October 16, 1984 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT 1 ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON 0X� TTH'E,� DATE SHOWN../
CC: B. Lanoue ATTESTED 'kt'/ /6, "f.01
H. D. Cisterman PHIL BATCHELOR, CLERK OF THE
County Counsel BOARD OF SUPERVISORS AND 1
Auditor-Controller COUNTY AD_,dINISTRATOR 00145
County Administrator j���
MS81/7•83 BY �l�GW/4 DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 16, 1984 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT:
Tier II Retirement )
System Choice ) RESOLUTION NO. 84/630
(Government Code 531751
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. Background. A new retirement system, "Tier II" was made applicable in
this County by Board Resolutions No. 80/565 and 80/566 on May 27, 1980 pursuant
to Government Code Section 31751. (Stats. 1980, Ch. 58, AB-144) . This Board
made July 31, 1980, the effective date of application in this County (Bd. Res.
No. 80/566) Persons who made an irrevocable choice of the new system as well as
those who became members of the retirement system on or after August 1, 1980
were automatically covered by the new Tier II system. (Bd. Res. No. 80/566. )
On July 18, 1984, Government Code Section 31751 was repealed and a new Sec-
tion 31751 was enacted. (Stats.1984, Ch. 591, SB 1788) This new section was
made "to apply retroactively, from the effective date of the original enactment
of 31751, April 4, 1980, forward so that its beneficial effects and those of the
original enactment are available to all persons covered by this section as
though it had been enacted in its present form." (Section 31751(f))
The act was an urgency measure to assist recruitment efforts by preventing a
drastic reduction in retirement benefits for employment candidates with retire-
ment benefits from other counties who would otherwise have to be Tier II mem-
bers. To this end, the newly enacted section allows persons who enter or
reenter employment in this county for the first time after Tier II was made
applicable and who enter with reciprocal rights under Article 15 (commencing
with Section 31830) to enter as Tier I members rather than Tier II members
31751(c)(5). It further gives the option of Tier I or Tier II to those persons
who before the Tier II applicability date chose deferred retirement under
Article 9 (commencing with Section 31700) from the County's Tier I retirement
system and who thereafter while ,still in deferred status returned to active mem-
bership (d)(2). )
2. Effective Date. Tier II became effective July 31, 1980 and continues in
effect. The new provisions of the Tier II system which were added by virtue of
the July, 1984 amendment to Government Code Section 31751 are effective in this
County as of the date of this resolution.
3. Period of Choice. The periods of choice set forth in Resolution No.
80/566 remain unchanged except for those members who by virtue of newly enacted
Section 31751 are now eligible for Tier I membership but who were ineligible for
Tier I membership prior to the July, 1984 enactment. These persons may only
exercise their right to chose coverage by the new system within ninety (90) days
of this resolution or within 90 days of their entry into the retirement system,
as active members, whichever is later. Their choice shall be irrevocable.
Orig.Dept: Retirement Administrator I hereby certify that this Is a true and correctcopy of
cc: Director of Personnel an action taken and entered on the minutes of the
County Administrator Board of Supervisors on the date shown.
County Counsel ATTESTED: 6ne� a(.y ) 14 , /rf i%'erl-
Auditor-Controller PHIL BATCHELOR, Clerl: of the (hoard
of Supervisors and Couniy Administmtor
BY 0 " --- , Deputy
RESOLUTION NO. 84/630 00146%