HomeMy WebLinkAboutOrdinanceORDINANCE NO. 2011 — 02
AN 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 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
TO PROVIDE FOR A 2% @ 60 FULL FORMULA BENEFIT FOR
MISCELLANEOUS MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME
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 Administration, California Public Employees' Retirement System is hereby
authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by
such reference made a part hereof as though herein set out in full.
Section 2. The Mayor is hereby authorized, empowered, and directed to execute
said Amendment for and on behalf of the City of National City.
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 once in
the San Diego Union Tribune, 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 15th day of February, 2011.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
Call'ERS
California
Public Employees' Retirement System
•
EXHIBIT A
E :.I. T TC CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council.
City of National City
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board,and the governing body of the 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, .1950, 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, December. 12, 1989,
November 1.5, 1991, D.ecember.27, 1991, June 11, 1993,.May 2, 1996, July 9, .2002,.
September 17, 2002, July 6, 2004 and January. 27, 2009, and March 18, .2010 which
providesfor participation of Public Agency in said System, Board and Public Agency
hereby agree: as follows:
A. Paragraphs 1 through 17 are . hereby strickenfrom said contract as executed
effective March 18, 2010, and hereby replaced by the following paragraphs
numbered 1 through..18 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall havethe meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous members; age 50 forlocal fire
members; age .50 for local police members entering membership .in the
police classification on or prior to March 18, 2010; and . age. 55, for local
police members entering, membership for the first time in the police
classification after March 18, 2010.
LLIAU1 1j i`'e.I
2. Public ,Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1948 making its employees as hminafter
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.
Public Agency agrees to indemnify,= defend and hold harmless the
Califonia: Public'Employees' Retirement ystem (CalPERS) and its
trustees,; agents and employees, the CalP€RS Board of Administration,
and the'Califomia Public Employees' Retirement Fund from any claims,
demands, actions, Tosses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
thatmay arise as a result of any of the following:
(a) Public Agency's election to provide retirement .benefits,
provisions or formulas under this Contract that are different than
the retirement •benefits, provisions or formulas provided under
.the Public Agency's prior nonCalPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
Public Agency's agreement witha third party other than
CaIPEi S to provide retirement benefits; provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
Public Agency's election to file for bankruptcy under Chapter
(commencing with section 901) of Title 11 of -the United States
Bankruptcy Code and/or Public Agency's election .to reject this
Contract with the CaIPERS. Board of Administrationpursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of Taw.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarilyby request of
Public Agency or involuntarily pursuant to the Public Employees'
etirement Law. :
'Changessponsored by Public Agency in existing: retirement
benefits, provisions or formulas: made as .a result of
.amendments, additions or deletions California statute .or. to
the California Constitution.
PLEASE DO NOT SIGN
4. 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);
Local Police Officers (herein referred to as local safety members);
Employees other than local .safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said. Retirement Law, the followingclasses of employees shall not become.
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
b.
6. Prior- to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis notto exceed 6 months
were excluded from PERS membership by contract. Govemment Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
This contract shall be a continuation of the contract of the Community
Development Commission of the: City of National City, hereinafter referred
to as "Former Agency.". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Govemment Code.
Such merger occurred March 20, 2008.
The percentage of final compensation to be provided for each year of
credited prior and current service as a Focal miscellaneous member in
employment . before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
The •percentage of final compensation to be. provided for each year of
:creditedprior and current service as a. local miscellaneous member in
employment on or after September 17, 2002 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall .bedetermined in accordance with
.Section.21354.3 of said Retirement Law (3% at age 60 Full).
•
10. . The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 2135.3 of'said Retirement raw (2% at age 60
Full).
11. The percentage of final compensation to be proved far' each year of
credited prior and current serviceas a local fire member and for those
local police members entering membership in the police classification .an
. or prior to. March .18, :2010 shall be determined in accordance with'Seotibn
2.1362.2 of said Retirement .Law (3% at age' 50full).
12. The percentage of final compensation to be provided -for each year of
credited current service as a locaI police member entering membership for
the first time in the police classification after March 18, 2010 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55'Full).
13. Public Agency et4cteel and ,elects to be subject to. the following ..optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employes of .a
police department who were ,employed to .perform identification or
-conmmunicationduties on August 4, 1972and who eleted to .be
local safety members).
b. Section . 212 2.1 .(One11me 5%• increase - 1970). Legis1dtion
repealed said erection effective January 1, 1980.
c. Sections 21624 and 2.1626 (Post -Retirement Survivor Allowance).
d. 'Section :21573 (Third Level of 1959'Survivor Benefits).
Section 20965t(Credit for unused Sick Leave).
f Section . 21325. (One -Time 3% to 15% Increase For Local
Miscellaneous :Members Who Retired or Died Prior to January 1,
197=4)..Legislation repealed said Section effective January 1, 2002.
g Section 20042 (One-YearVinal Compensation).
h. Section .20943.(Two Years Additional Service -Credit):
t PI
.$ £. E.I "f. U L LJ'k.>' I -. t
Section 20475 (Different Level of. Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local police members entering
membership for the first time in the police classification after March
18, 2010/and
Section 21353 (2% @ 60 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
14. Public Agency, in accordance with Government Code Section 20790.,
ceased to be an "employer" for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed .and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
15. 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.
;.16.,Public Agency shall also contribute to said Retirement System as follows:
a, Contbutions-required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 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 survivors of all
local miscellaneous members and local safety members.
b A reasonable amount, as fixed by the Board, payable in one
installment Within 60 days of date of contract tocover 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.
c.. 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.
17. 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 asdetermined by the periodic investigation and
valuation required by said Retirement Law.
LORI NICOARTLAND";:":CHIEF
EMPLOYER SERVICA DIVISION
P iBLICEMPLOY ' iETIREMENT SYSTEM
r
AN[ENDM NT EF # 190
PERS•CON-702A
• 1:8. 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 lessthan the correct amount of
.contributions is paid for. any period, proper adjustment shall be made in
,connection with subsequent :remiitartses. Adjustments o.n account of
errors in contributions requiredof any amployee may be made by direct
payments betwocn the employee and the Board. •
B. This amendment shah ,b.e effective on .the day of
ref
BOARD OF.ADMIN STRATIO.N •CITYC OUNCIL
PUBLIC EMPLOYEE,.:;S' RETIREMENT.S'STEM CITY OF NATIONAL CITY
f4.
f7�aµ^
BY BY. • (/
P R4SIDING O:FICER
C
ea.5
PP'Z
Witness .DateE;•E
r-r
Attest:
Cleric