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Home My WebLink AboutCC ORD 1991-2021 Amends public employees' retirement system contract (Special)ORDINANCE NO. 91-2021 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES 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 of National City and the Board of Administra- tion, 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 Mayor of the City of National City is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. 1991. PASSED and ADOPTED this 15 t h day of October l� George H. g aters, Mayor ATTEST: t9-Lx /1&. Loiri Anne Peoples City Clerk APPROVED AS TO FORM: Geofge H. Riser, III City Attorney 1 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, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988 and December 12, 1989, 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 December 12, 1989, 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 Employees' Retirement Law shall have the meaning .as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 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 contracting 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); c. Employees other than local safety members (herein referred to as local miscellaneous members). Ok, /WAl (ra C?/ 20 cry/ 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 percentage 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 21251.132 of said Retirement Law (2% at age 55 Full). 7. The percentage 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. Public Agency elected to be subject to the following optional provisions: a. Section 20020 ("Local Police Officer" shall include persons assigned to identification or 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 local miscellaneous members. e. Section 20862.8 (Credit for Unused Sick Leave). f. Section 21222.85 (Special 3% - 15% Increase) for or on behalf of those local miscellaneous members 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 safety members. 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 the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment 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. b. A reasonable amount, as fixed by the Board, payable in one installment 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. 12. 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. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen 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 omendment shall be effective on the 15 t h day of November , 19 91 . BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 3/91) CITY COUNCIL OF THE CITY OF NATIONAL CITY BY Presidin: Officer -Mayo r V7Z Witness Date 10 / 16 / 91 City Manager Attest: (9)1 L 11A./Yl ,..pt 4 1 Cletk Passed and adopted by the Council of the City of National City, California, on October 15, 1991 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Van Deventer, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen Norie AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California eku. -g.?;1,„ Clerk of the City of National 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 October 8, 1991 and on October 15, 1991 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.9.1 .202.1 of the City of National City, passed and adopted by the Council of said City on D:ctobe.r...15.,...1.9.9.L (Seal) City Clerk of the City of National City, California By: Deputy