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HomeMy WebLinkAboutCC ORD 1980-1725 Amendment to Public Employees' Retirement System contract (2.68)ORDINANCE NO. 1725 AN ORDINANCE OF THE CITY COUNCILOF THE TCITY O THEOF NATIONAL CITY AUTHORIZING AN AMENDMENT CONTRACT BETWEEN THE CITY COUNCIL AND DUTHE ICBOARD OF ADMINISTRATION OF THE CALIFORNIA RETIREMENT SYSTEM. The City Council of the City of National City does ordain as follows: SECTION 1. That an amendment to the Contract between the City Council of the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized,. a copy of said amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The City Manager of the City of National City is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least one time in the National City Star News, a newspaper of general circulation, published and circulated in the City of National City and thenceforth and thereafter the same shall be in full force and effect. zt PASSED AND ADOPTED this V6, day of OR ATTEST: 1980. AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of May 1, 1948, effective July 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 15, 1977, and October 16, 1978, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs.1 through 10-are hereby stricken from said contract as executed effective October 16, 1978, and hereby replaced by the following para- graphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 for local safety members. 2. Public Agency shall participate in the Public employees' Retirement System from and after July 1, 1948 making its employees as herein - _after provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on .election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 4. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 5• The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60) . 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55). 7. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20020 ("Local Policemen" shall include persons assigned to identification and communications duties in the Police Department who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership on or before September 28, 1973. b. Sections 21263/21263.1 (Post -retirement survivor allowance). • c. Sections 21380-21388 (1959 Survivors Program). d. Section 21222.1 (Special 5% increase - 1970). e. Section 20862.8 (Unused sick leave credit), for local miscel- laneous members. f. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. g. Section 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. h. Section 21222.85 (Special 3%-15% increase to pre-1-1-74 retirees) . 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on January 15, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 15.891 percent on account of the liability for current service benefits. (2) 0.125 percent on account of the liability for the 1959 Survivor Program. (3) 0.170 percent until June 30, 1983 on account of the liability for the benefits provided under Section 21222.1 of said Retirement Law. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.090 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 19.080 percent.on account of the liability for current service benefits. (3) 0.230 percent until June 30, 1983 on account of the liability for the benefits provided under Section 21222.1 of said Retirement Law. c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11.. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the. First day of October , 1980. Witness our hands the 26th day of August , 1980. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM • BY CITY COUNCIL OF THE CITY OF NATIONAL CITY BY Carl J. Blechinger, Executive Officer Presiding " f icer Approved as to form: /2-z/520 Cyis G. :-semef', Legal Office, Date PERS CON-702 Passed and adopted by the Council of the City of National City, California, on August 26? 1980 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Camacho, Dal1a, Van Deventer, Waters, Morgan. None. None. None. AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California City Cl • k of the City of Natioffal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on August 5, 1980 and on August 26, 1980 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1725 of the City of National City, passed and adopted by the Council of said City on ....H�a�.ut..6,...� 9Q.. (Seal) City Clerk f the City of National City, California By: Deputy