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HomeMy WebLinkAbout1980-11-18; City Council; 1234; CALPERS Board & City contract amendment. 1. I It 2 5 s 4 E . e r 4 E s 1c 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I , 1 27 i 28 I i I 0 ORDINANCE NO. 1234 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Carlsbad does ordain as follows : SECTION 1, That an amendment to the Contract between the City Council of tke City of Carlsbad and the Board of Adininistration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exibit A", and by such reference made a part hereof as thotlgh herein set out in full. SECTION 2. The Mayor of the City of Carlsbad is hereby authorized, empowered, and directed to execute said amendment fur and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoptian, and prior to the expiration of 15 days from the adoptior, thereof shall be published at least once in tke Carlsbad Jouz-caf a newspaper of general circulation, published and circ-zlzte,d in the City of Carlsbad and thenceforth zxd thereafter the sme shall be in full force and effect, PASSED, AP3R3VEDY 33D ADOPTED at a regular meeting of the llity Corznci:! of kke City of Carlsbad, California on the 3f November I PSSO by the following vote, to ~7it: AYES: NOES: None Council Members Packard, Casler, Anear, Lewis and Kulch n n 0 Attachment 'A' to Ordinance #2.234 AAEhTDMENT TO COIJTRACT RE%'dEEI\I THE BOARD OF P.DMINISTR PUBLIC EIPLOYEES' RETIRF AMD TIE CITY COUNCI Lt OF TIIE CITY OF CARLSBAD 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 December 23, 1955, effective January 1, 1956, and as amended effective July 1 , 1957 , January 1 , 1959, March 5, 1959, March 18, 1975, April 1 , 1975, August 18, 1977, and June 21, 1980, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs I through 10 are hereby stricken from said contract as executed effective June 21, 1980, and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1. 2. 7. 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 and age 55 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1956 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. Employees of Public Agemy in the following cl-asses 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 sa,fety members); b. Local Folicemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as 1oca.l 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: NO ADDITIONAL EXCLUSIONS .' 4. The fraction of final compensation to be provided for local miscel- laneous members for each year of -credited prior and current service shall be that provided in Section 21251 .17 subject to the reduction provided therein for service on or after June 1, 1958 and prior to December 31, I980 for members whose service has been included in Federal Social Security. 5. 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 21252.1 of said Retirement Law (One-xialf pay at age 55). 6. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of 2 contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (Age '50 voluntary retirement) for local safety members only. b. Sections 21 263/21263.1 (Post-retirement survivor allowance). c. Section 20020 ("Local policemen shall include persons who are employed to perform identification and comnunication duties in the Police Department who are not now local safety members and who were in such employment on August 4, 19'72 and who elect safety membership within 60 days of the effective date of this amendment"). d. Section 20862.8 (Unused sick leave credit), for local misce1.- 1 an e o 1.1 s me m b e r s . e. Sections 21 380-21 388 (1 959 Survivors Program). f. Section 20024.2 (One-year final compensation), for local miscel- laneous members. g. Section 21 298 (Increased non-industrial disability allowance) for 1.ocal miscellaneous members. h. Section 21390 (Increased 1959 Survivors benefits), for local miscellaneous members. 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 August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and de'termined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759 Government Code. 8. Public Agency shall contribute to said Retirement System as foll.ows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (2) 0.026 percent until June 70, 2000 on account of the liability for prior service benefits. (2) 14.151 percent on account of the liability for current service benefits. ('3) 1.000 percent on account of the liability for the 1959 Survivor Program, 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) 0.018 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 17.868 percent on account of the liabi-lity for current service benefits. (3) 0.500 percent on account of the liability for the 1959 Survivor Program . c. A reasonable amount per annum, as fixed by the Roard 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. d. A reasonable amount as fixed by the Board, payable in one install- ment 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 valuetions required by law. 9. Contributions required of Public Agency and its employees shull 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. IO. Contributions required of Public Agency and its employees shall be paid by Public A-gency 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 regulztion. 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 Roard may be made in the form of warrant's, bank checks, bank drafts, certified checks, money orders or cash. If more or less than the B. This amendment shall be attached to said contract and shall be effective on the day of ? 19-. Witness our hands the day of 9 '9-. BOARD OF ADMINISTRATION CITY COUNCIL PUBL IC EPPLOY EES ' RET1 RRP'IXNT SYSTEM OF THE CITY OF CARLSBAD BY Carl J. Blechinger, Executive Officer Approved as to form: semer, Legal Office, Date BY Presiding 0 f f i cer PERS CON-702