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Home My WebLink AboutCC ORD 1983-1796 Amending contract between City Council and Board of Administration adopting said Ordinance as an Urgency Ordinance.ORDINANCE NO. 1796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE The City Council of the City of National City, California, 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 of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being on file in the office of the City Clerk of the City of National City as Document No. 68909. SECTION 2. The Mayor 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 immediately upon its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once 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. PASSED AND ADOPTED this 5th day of July, 1983. // ATTEST: 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, here- inafter 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, October 16, 1978, and October 1, 1980, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 1, 1980, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 55 for local fire members, and age 50 for local police 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 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 mem- bers 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). 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 cre- dited prior and current service as a local fire member shall be deter- mined in accordance with Section 21252.1 of said Retirement Law (One- half pay at age 55 Full). 8. The fraction of final compensation to be provided for each year of cre- dited prior and current service as a local police member shall be de- termined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 9. 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. Sections 21263/21263.1 (Post -retirement survivor allowance). b. Section 20020 ("Local Policemen" shall include persons assigned to identification and communication duties in the Police Depart- ment 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). c. Section 21222.1 (Special 5% increase - 1970). d. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). e. Section 20862.8 (Unused sick leave credit) for local miscella- neous members only. 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) . 10. 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 16, 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 contri- butions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 11. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contri- bute the following percentages of monthly salaries earned as mis- cellaneous members of said Retirement System: (1) 14.506 percent until June 30, 2000 on account of the liability for current service benefits. 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) 26.485 percent until June 30, 2000 on account of the liability for current service benefits. c. A reasonable amount, as fixed by the Board, payable in one instal- lment within 60 days of date of contract to cover the costs of ad- ministering said System as it affects the employees of Public Ag- ency, not including the costs of special valuations or of the per- iodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one instal- lment 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. 12. Contributions required of Public Agency and its employees shall be sub- ject to adjustment by Board on account of amendments to the Public Em- ployees' Retirement Law, and on account of the experience under the Re- tirement System as determined by the periodic investigation and valua- tion required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days af- ter 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 adjust- ments 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 l6th day of .Tu1 y Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CARL J. BLECHINGER, EXECUTIVE OFFICER Approved as to form: Margaret J. Hpphn, Le a;l Office, D-to CITY COUNCIL OF THE CITY OF NATIONAL CITY BY �i Pre ding Of icer Attest: PERS CON-702 1933. , 19 . Passed and adopted by the Council of the City of National City, California, on July 52 1983 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Camacho= Dallas Van Deventer? Waters None Morgan AUTHENTICATED BY: None MICHAEL R. DALLA Vice Mayor of the City of National City, California By: City P erk of the City of Natioial City, California 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 June. 14, 1983 and on July 5, 1983 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. 1796 of the City of National City, passed and adopted by the Council of said City on July 5, 1983 (Seal) By: City Clerk of the City of National City, California Deputy