HomeMy WebLinkAbout1982-09-21; City Council; 1257; CALPERS Board & City contract amendment1
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ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING AN AMEND-
MENT TO THE CONTRACT BETWEEN CITY COUNCIL
AND THE BOARD OF ADMINISTRATION OF THE CALI-
FORNIA 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 the City of Carlsbad 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 Carlsbad is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of said Agency.
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 adoption thereof shall be published at least once in the
Carlsbad Journal, a newspaper of general circulation, published
and circulated in the City of Carlsbad and thenceforth and
thereafter the same shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council
1982, and thereafter.
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held on the 7th day of September
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the 21st
day of , 1982, by the following vote, to wit:
AYES:
NOES : Nme
ABSENT:
Council es Casler, -is, and Anear
Council Members Chick and Kulchin &de- MARY H.dCASLER, Mayor
ATTEST:
(SEAL)
2.
AIGMD"T TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
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 I , 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1 , 1975,
August 18, 1977, June 21 , 1980, January 1, 1981 and June 21, 1982, which
provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows :
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective June 21, 1982, and hereby replaced by the following paragraphs
numbered 1 through 10 inclusive:
1.
2.
3.
All words and terms used herein which are defined in the Public
Employees' Retirement Law shali have the meaning as defined therein
unless otherwise specif ically provided.
mean age 60 for iocal miscellaneous and age 50 for locai safety
members.
"Normal retirement age'' snail
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 subjeci; to aii 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 Agency in the following ciasses shall become
members of said Retirement System except such in each such class as
are exciuded by law or this agreement:
a. Locai Firemen (herein referred to as iocai safety members);
b. Local Policemen (herein referred to as iocal safety members);
c. Empioyees other than local safety members (herein referred to as
iocai miscelianeous members).
In addition to the classes of empioyees exciuded from membership by
said Retirement Law, the following classes of employees shail not
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
4. The fraction of final compensation to be provided for local
miscellaneous members for each year of credited prior and current
service shali be that provided in Section 21251.13 subject to the
reduction provided therein for service on or after Jund I, 1958 and
prior to December 31, 1980 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 8 local safety member shali be
determined in accordance with Section 21252.01 of said Retirement Law
(2% at age 50 Fuil).
6. The following additional provisions of the Public Employees'
Retirement Law which apply only upon election of a contracting agency
shall appiy to the Public Agency and its employees:
a. Section 20952.5 (Age 50 voluntary retirement) for iocal safety
members only.
b. Sections 21 263/21263.1 (Post-retirement survivor allowance).
C. Section 20020 ("Local Policemen" shall include persons assigned
to identification and communication duties in the Poiice Depart-
ment who are not now local safety members and who were in such
employment on August 4, 1972, who-elected safety membership
within 60 days of the contract amendment dated March 18, 1975).
d. Section 20862.8 (Unused sick leave credit).
e. Sections 21 380-21 387, ( 1959 Survivors Program), excluding Section
21382.2 (Increased 1959 Survivors benefits), for local safety
members only.
f. Section 20024.2 (One-year final compensation), for local
miscellaneous members only.
g. Section 21 298 (Increased non-industrial disability allowance),
for local miscellaneous members only.
h. Sections 21 380-21387; including Section 21 382.2 (1959 Survivors
Program with increased benefits), for local miscellaneous members
only.
7. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 of the Pubiic
Employees' Retirement Law effective on August 18, 1977. Accumuiated
contributions of Public Agency as of the aforementioned date shali be
fixed and determined 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.
PEASE DO NOT SIGN 0
8. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscelianeous members, the agency shall con-
tribute the following percentages of monthly saiaqies earned as
miscellaneous members of said Retirement System:
(1) 0.006 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 12.495 percent on account of the iiability for current
service benefits.
(2) 0.400 percent on account of the liability for the 1959
Survivor P rogram .
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) 0.039 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 24.513 percent on account of the liability for current
service benefits.
e. 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 speciai vaiuations 3r
of the periodic investigation and valuations required by law.
d. A reasonable amount as fixed by the Board, payable in one instali-
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 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 Pubiic
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.
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.
I B. This amendment shall be attached to said contract and shall be effective 3n
the day of 7 19--
Witness our hands the - day of 7 19-.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREbENT SYSTEM
CI TY COUNCIL
OF THE
CITY OF CARLSBAD
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
PERS CON-702