HomeMy WebLinkAbout1990-08-28; City Council; NS-126; CALPERS Board & City contract amendment...."b .a
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ORDINANCE NO. NS-126
~ AN ORDINANCE OF THE CITY COUNCIL QF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWE:EN 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
the City of Carlsbad and the Board of Administration, Cal.ifomia Public Employees'
Retirement System, is hereby authorized a copy of said amendment being attached
hereto, marked "Exhibit C," and by such reference made a part hereof as though
herein set out in full.
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empowered, and directed to execute said amendment for and on behalf of said l6
SECTION 2. The Mayor of the City of Carlsbad is hereby authorized,
l7 (( Agency.
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20 adoption, prior to the expiration of 15 days from the ado:ption thereof shall be
21 published at least once in the Carlsbad Journal, a newspaper of general circulation,
22 published and circulated in the City of Carlsbad and thenceforth and thereafter the
23 same shall be in full force and effect.
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SECTION 3. This Ordinance shall take effect 30 days after the date of its
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
held on the 21st day of August, 1990, and therefore 25 I
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of
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following vote, to wit: 4
Carlsbad, California, on the 16th day of October , 1990, by thc
5 AYES: Council Members Lewis, Kulchin, Larson, Mamaux, and PettiI
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NOES: None
ABSENT: None
ATTEST:
&W UDE A.
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e 11) EXHIBIT C . *** copy ***
3% A"ENT M CONTRACT
BETWEEN THE ~fifl' BOARD OF ADMINISTRATION \.F;ht\\\\tD OF "EIE
NOT s\'j" PWLIC EMPLOPEES' RETIREMENT SYSTEM
ANDTEJB
CITY COUNCIL 9*a5f. DO OF THE
CITY OF CARLSBAD
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 5, 1959, March 18, 1975,
April 1, 1975, August 18, 1977, June 21, 1980, January 1, 1981, June 21, 1982
November 22, 1982 and Junle 26, 1989, which provides for participation of Pub1
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through .l1 are hereby stricken from said contract as execute
effective June 26, 19:39, and hereby replaced by the following paragraphs
numbered 1 through 12 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 613 for local miscellaneous members and age 50 for loc
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 €or herein and
to all amendment!; to said Law hereafter enacted except those, which .
express provisions thereof, apply only on the election of a
contracting agency.
3. 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 :?ighters (herein referred to as local safety members
b. Local Police Officers (herein referred to as local safety
members ) :
c. Employees o.ther than local safety members (herein referred to a.
local miscellaneous members).
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
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The percentage 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 of said
Retirement Law, subject to the reduction provided therein for servic
on and after June 1, 1958, the effective date of Social Security
coverage, and prior to December 31, 1980, termination of Social
Security, for members whose service has been included in Federal
Social Security (2% at 60 Full and Modified).
The percentage 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 La
(2% at age 50 Full).
Public Agency elected to be subject to the following optional
provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
b. Section 20020 ("Local Police Officer" shall include employees oi
police department who were employed to perform identification 01
communication duties on August 4, 1972 an'd who elected to be
local safety members).
c. Section 20862.8 (Credit for Unused Sick Leave).
d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section
21382.2 (1nc:reased 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).
f. Section 21298 (Improved Non-Industrial Disability Allowance) for
local miscel.lanous members only. .
g. Sections 21380-21387 (1959 Survivor Beneflits) including Section
21382.2 (Increased 1959 Survivor Benefits) for local miscellaneo
members only.
h. Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1976, for local police members only.
Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
August 18, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, an1
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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9. Public Agency shall contribute to said Retirement System the
contributions determined by actuarial valuations of prior and future
service liability with respect to local miscell.aneous members and
local safety members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System as
follows :
a. A reasonable amount, as fixed by the Board, 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.
b. 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.
11. 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.
12. 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 effecti on the
I &. day of
BOARD OF ADMINISTRATION "9 CITY COUNCIL
PUBLIC EMPLOYEES ' RETIREMENT &k4 6- OF THE
CITY OF CAF!LSBAD ZL z t 1s ip 1.0
BY BY ,,$
CHIEF, CONTRACT SER ES DIVISION Presiding Officer
PUBLIC EMPLOYEES' REMENT SYSTEM @@ _" li?
4P t' G -> Attest: .4
Witness Date ,&2
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PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
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Clerk G
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