HomeMy WebLinkAboutCC ORD 1988-1965 Amends public employees' retirement system contract (Special)ORDINANCE NO. /MS
AN ORDINANCE OF THE CITY OF NATIONAL CITY AUTHORIZING
AMENDMENT OF THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
BE IT ORDAINED by the City Council of the City of National City that an
amendment to the Contract between the City Council of the City of National City
and the Board of Administration, California Public Employee& 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
BE IT FURTHER ORDAINED that the Mayor of the City of National City
is hereby authorized, empowered, and directed to execute said amendment for and on
behalf of the City Council of the City of National City.
PASSED and ADOPTED this 1st day of November , 1988.
George dli. Waters, Mayor
ATTEST:
lone. Campbell, City Cle
APPROVED AS TO FORM:
•R
George H. iser, III, City Attorney
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF NATIONAL CITY
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective July 1, 1948, and witnessed May 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
16, 1977, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983
and January 1, 1985, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective January 1, 1985, and hereby replaced by the following paragraphs
numbered 1 through 12 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 members and age 50 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 hereinafter
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 those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
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 Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety
members);
1. Local Police Officers shall include individuals defined by
Section 20020 of the Government Code prior to its amendment
at the 1975-76 Regular Legislative Session, effective
January 1, 1976, employed by Public Agency prior to such
amendment;
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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
5. 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.
6. 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 Full).
7. 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 21252.01 of said Retirement Law
(2% at age 50 Full).
8. The following additional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Section 20020 ("Local Police Officer" shall include persons
assigned to identification and communication duties in the Police
Department who were not classified as local safety members and
who were in such employment on or prior to August 4, 1972, and
who elected safety membership on or before September 28, 1973).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
d. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits) for miscellaneous and
police members.
e. Section 20862.8 (Unused Sick Leave Credit) for local
miscellaneous and local fire members only.
f. Section 21222.85 (Special 3% - 15% Increase) for or on behalf of
those local miscellaneous and those local safety members who
retired or died prior to January 1, 1974.
g. Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local fire
members only.
9. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 6.785 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 19.320 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
(2) 0.214 percent until June 30, 2000 on account of the
liability for the benefits provided under Section 21222.85
of said Retirement Law. (Subject to annual change.)
c. Public Agency shall contribute $3.00 per employee on account of
the liability for the 1959 Survivor Program provided under
Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for beneficiaries of all local
fire members.
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract 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.
e. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. 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.
12. 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.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the 1st day of
January , 19 89 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
ASSISTANT EXECUTIVE OFFICER
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
CITY COUNCIL
OF THE
CITY OF NATIONAL CITY
BY
Presiding Officer
Witness Date
Attest:
Public Employees' Retirement System
Contract Services Division
Contract Office, Section 220
P.O. Box 942709
Sacramento, CA 94229-2709
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify:
That the City Council
the City of National City
(Governing Body)
(Public Agency)
DATE: November 3, 1988
of
adopted
on November 1, 1988 , by an affirmative vote of a majority of the
(Date)
members of said Governing Body, Ordinance No. 1965
(Ordinance or Resolution)
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said ordinance in the form
(Ordinance or Resolution)
furnished by said Board of Administration being attached hereto.
(Clerk
or Secretary)
>tal.re (,t1:6/
(Public Agency)
PERS-CON-5
C0614 (Rev. 4/88)
Passed and adopted by the Council of the City of National City, California,
on 1 1 -1-88 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Cooper, Dalla, Pruitt, VanDeventer, Waters
None
None
None
GEORGE H. WATERS
Mayor of the City of National City, California
City Clem of the City of National (`ty, 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 10-11-88
and on 11-:1-88
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. 1965 of the City of National City, passed
and adopted by the Council of said City on 11-1-88
(Seal)
City Clerk of the City of N 1 City, California
By:
Deputy