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HomeMy WebLinkAbout1982-09-21; City Council; 1257; CALPERS Board & City contract amendment1 2 3 4 5 6 7 E s IC 11 12 1: 14 1: 1( 1: 1t 1: 2( 2: 2; 2: 21 2! 2t 2' 2t 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. xx xx xx xx held on the 7th day of September 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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