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HomeMy WebLinkAbout1989-05-09; City Council; NS-66; CALPERS Board & City contract amendment...1 2 3 4 5 0 0 ORDINANCE NO. NS-66 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: 6 SECTION 1. That an amendment to the contract between City Council 7 being attached hereto, marked "Exhibit A", and by such reference made a 9 Employees' Retirement System, is hereby authorized a copy of said amendm 8 the City of Carlsbad and the Board of Administration, California Public lo 11 hereof as though herein set out in full. SECTION 2. The Mayor of the City of Carlsbad is hereby authorized, l2 Agency. 13 empowered, and directed to execute said amendment for and on behalf of s, INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Counc 19 thenceforth and thereafter the same shall be in full force and effect. 18 general circulation, published and circulated in the City of Carlsbad anl 17 shall be published at least once in the Carlsbad Journal, a newspaper of 16 adoption, and prior to the expiration of 15 days from the adoption there( 15 SECTION 3. This Ordinance shall take effect 30 days after the date 14 20 1 held on the 18th day of April , 1989, and therefore 21 22 xx xx 23 24 xx xx 25 26 xx xx 27 I/ xx 28 xx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 e 0 1 ~ PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Ci California, on the 9th day of May , 1989, by the following votc to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clkyk (SEAL) 28 I 0 e*** copy *** Exhibit A . :" AMENDMENT TO CONTRACT f..P--"" ' BJTLWEEN TBE ,e -$ARD OF ADMINISTRATION .*. /#*.-* -,/- 'hka:' OF THE ,\- - 1" . t\tn$i ANDTHE ../" i. ' ./,y$% /'- .$&l&JC EMPLOPEES' RETIREMENT SYSTEM " . .. ~ ~ +bT dld CITY COUNCIL _>I - 1 t&b!- OF = CITY OF CARSLBAD The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effective July 1, 1957, January 1, 1959, March 3, 1959, March 18r 1975, April 1, 1975, August 18, 1977, June 21, 1980, January 1, 1981, June 21, 1982 and November 22, 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 executer effective November 22, 1982, and hereby replaced by the following paragraphs numbered 1 through 11 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 local miscellaneous members and age 50 for loci safety members. 2. 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 provisio; 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 1 express provisions thereof, apply only on the election of a contract- ing agency. 3. Employees of Public Agency in the following classes shail 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 b. Local Police Officers (herein referred to as local safety members ) : c. Employees other than local safety members (herein referred to as local miscellaneous members). a** COPY *** 0 4. 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 5. The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13, subject to the reduction provided therein for service on or after June 1, 1958 and prior to December 31, 1980 for members whose service has been included in Federal Social Security (2% @ 60 Full and Modified). 6. 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 21252.01 of said Retirement Lac (2% at age 50 Full). 7. & The following additional provisions of the Public Employees' etirement Law, which apply only upon election of a contracting @agency, shall apply to the Public Agency and its employees: e I+ a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor .e:* 58 Allowance). .n* & b. Section 20020 ("Local Police Officer'' shall include persons 2 53 Department who were not classified as local safety members and 4 who were in such employment on or prior to August 4, 1972, and assigned to identification and communication duties in the Polic t -:: ,a* b .. who elected to be local safety members within 60 days of the +J < contract amendment dated March 18, 1975). 'I 0 .Q , -* *a .Q" c. Section 20862.8 (Unused Sick Leave Credit). d. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Sectic 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. e. Section 20024.2 (One-Year Final Compensation) for local miscellaneous members and local f.ire members only. f. Section 21298 (Increased Non-Industrial Disability Allowance) fc local miscellaneous members only. g. Sections 21380 - 21387 (1959 Survivor Benefits) including Sectic 21382.2 (Increased 1959 Survivor Benefits) for local miscellanec members only. .*** COPY *** 0 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective 0: August 18, 1977. Accumulated contributions of Public Agency shall bt fixed and determined as provided in Government Code Section 20759, a1 accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 8.480 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change. ) b. With respect to local safety members, the agency shall contribul the following percentages of salaries earned as members of said Retirement System: (1) 0.029 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change. ) (2) 20.010 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change. ) c. A reasonable amount, as fixed by the Boardr payable in one in- stallment within 60 days of date of contract 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 in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs c the periodic investigation and valuations required by law. 10. 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 periodic investigation and valuation required by said Retirement Law. PEA% &"'J XCT Z~F~I :zq+l3iy ON * .,PI *s i I I. 4 . a** COPY *** 0 11. 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 less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be eff BOARD OF ADMINISTRATION * PUBLIC EMPLOYEES' RETIR W " r+ -TP BY .., '4 ,;(-I\ ASSISTANT G~B-TIVE OFFICER EES' RETIREMENT SYSTEM the day of CITY COUNCIL OF THE CITY OF CARLSBAD BY Presiding Of@er Q? #+-$\ A WitnesQSate Q At%&: .&- PERS-CON-702 (AMENDMENT) (Rev. 6/88) Clerk