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HomeMy WebLinkAboutCC ORD 1978-1640 Amendment to contract between city council and California public employee's retirement system (Not codified)ORDINANCE NO. 1640 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT. TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA 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 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 Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect the day of its adoption, and prior to the expiration of 15 (fifteen) days from the passage thereof shall be published at least one time in the National City Star News, a news- paper 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 3rd day of October, 1978. ATTEST: AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY "EXHIBIT A►, 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 Marcy 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, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective March 1, 1974, and hereby replaced by the following paragraphs number 1 through 10 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 miscellaneous members and age 55 for local safety members. . Public Agency shall participate in the Public EmployeesRetirement 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 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 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; EXCLUDE PERSONS HIRED ON OR AFTER OCTOBER 1, 1974, WHO ARE EMPLOYED ON A TEMPORARY AND/OR SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYMENT AT THE TIME OF HIS TEAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS. CON-702 -1 The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age b0) 5. The fraction of final compensation to be provided for each year of credited prior and currant service as a safety member small be determined in accordance with Section 21252.1.of said Retirement Law (One-half pay at age 55) 6, 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. "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 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post -retirement survivor allowance to certain survivors) t. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement) d. Section 21222.1 (providing a five -percent increase in allowance to which the annual cost -of -living provisions apply, payable for time commencing on the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or prior to December 31, 1970). e. Section 20862.8 (providing service credit at retirement for unused sick leave). f. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local, safety members, with benefit payments commencing prior to age 55 subject to actuarial discount) g. Section 20983.6 (providing that miscellaneous members attaining age 67 may continue in employment irrespective of age as members of said System upon certification of the member's competence by Public Agency). 7 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 afore- mentioned date and contributions thereafter made snail be held by the Board as provided in Section 20759, Government Code. CON-702-2 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of ninthly salaries earned as miscellaneous members of said Retirement System: (1) 14.196 percent on account of the liability for current service benefits. (2) 0.262 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 and/or 21222.2 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) 0.084 ` percent until June 30, 2000 on account of the liability for prior service benefits. (2) 18.468 percent on account of the liability for current service benefits. (3) 0.230 percent until June 30, 1983 on account of the liabilityfor the benefits provided under Section 21222.1 and/or 21222.2 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 periodical investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one nstnl1i+ent as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuations required by law. 9, 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 periodical investigation and valuation required by said Retirement Law, 10, 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 day of 19 Witness our hands this BOARD OF ADHINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM day of CITY COUNCIL OF THE CITY OF NATIONAL CITY BY BY Carl J. Blechinger, Execut ve Officer Approved as to form: Legal Office, PERS Attest: r Clerk' 19 CON-702-4 CERTIFICATION OF FINAL ACTION OF GOVERNING BODY PUBLIC EMPLOYEES RETIREMENT SYSTEM P. O. Box,i953 Sacramento, California 95309 I hereby certify: That the City Council (Governing Body) of the DATE: October 3 , 1978 City of National City adopted on October 3, 1978 (Date) vote of a majority of the members of said Governing Body, Ordinance (Ordinance or Resolution) No 1640 apm.r©vi.ng the attached contractual agreement 'between the Governing Body of said. Agency and the Board of Administration of the Public Em 1oyees (Public Agency) Retirement System, a certified copy of said Ordinance by an of 'ir"'�.1ative Ordinance or Resolution) furnished by said. Board of Administration being attached. hereto. in the form ,City Clerk ------- Name of ency C1ty of iNat to .al Li zy PERS-=-5 j / Passed and adopted by the Council of the City of National City, California, on Octobc ,. ,97Q by the following vote, to -wit: Ayes: Councilmen m��. Q,...� ��.x..Y� ? u�xat�T ,...1 at x$.,...Nlcrgan . Nays: Councilmen None __ st•••••es Absent: Councilmen -- None Abstain: Councilmen None AUTHENTICATED BY: RILE MORGAN Mayor of the City of National City, California I0 E CAMPBELL City Clerk of the City of National City, California By: - Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on nctobpr 3, 3 978 , under the provisions of Secs. 36934 and 36937(b) of the Government Code. I FURTHER CERTIFY 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 City Council. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1640 of the City of National City, passed and adopted by the Council of said City on October 3, 1978 L.? I ONE CAMPBELL' City Clerk of the City of 'National City, California