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Home My WebLink About1992-06-02; City Council; NS-201; CALPERS Board & City contract amendment...-. 1 2 3 4 5 6 7 8 9 0 0 ORDINANCE NO. NS-201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE 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: lo I1 SECTION 1. That an amendment to the contract between the City Council l1 I1 of the City of Carlsbad and the Board of Administration, California Public 12 being attached hereto, marked “Exhibit A,” and by such reference made a part 13 Employees’ Retirement System is hereby authorized, a copy of said amendment 15 hereof as though herein set out in full. l4 SECTION 2. The Mayor of the City of Carlsbad is hereby authorized, E // empowered, and directed to execute said amendment for and on behalf of said 17 II Agency. 18 19 SECTION C. This Ordinance shall take effect 30 days after the date of its 20 21 24 thereafter the same shall be in full force and effect. 23 circulation, published and circulated in the City of Carlsbad and thenceforth and 22 published at least once in the Carlsbad Journal, a newspaper of general INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 25 26 adoption, prior to the expiration of 15 days from the adoption thereof shall be Council held on the 12th day of May , 1992, and therefore 27 28 I/ 0 0 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of 11 Carlsbad, California, on the 2nd day of June , 1992, by the 3 # 5 6 NOES: None following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaarc 7 8 9 10 11 12 13 14 ABSENT: None 15 16 ATTEST: 1'7 I8 I/ 19 I *L~ATR~TE~~~~ 20 I 21 22 (SEAL) 23 24 25 26 !I 27 11 28 e =- . C&bPb nD P ~j% Exhibit A .e .. 45 AMENDMENT TO CONTRACT %?p BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF CARLSBAD ~f2-3 OF THE c+ ?, ANDTHE % * 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, August 18, 1977, June 21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989 and November 16 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 16, 1990, 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' Retiremenl 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 local 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 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 those, which by 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 thk 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). -. -4 .. 4. 5. 6. 7. 8. 0 0 WASE DO NO% SIGN "ExH18lT ONLY 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 The percentage of final compensation to be provided for local miscellaneous 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 service on and after June 1, 1958, the effective date of Social Security coverage, anc prior to December 31, 1980, termination of Social Security, for members whose servict 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 anc current service as a local safety member shall be determined in accordance with Sectior 21252.01 of said Retirement Law (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 of a police department who were employed to perform identification or communication duties on August 4, 1972 and 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 (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). f. Section 21298 (Improved Non-Industrial Disability Allowance) for local miscellaneous members only. g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local miscellaneous members only. h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 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 Governmenl Code Section 20759, and accumulated contributions thereafter shall be held by the Boarc as provided in Government Code Section 20759. 3 a * * 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 miscellaneous 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 installment within 60 days of date of contract to cover the costs of administering said System as il 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 installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustmenl by Board on account of amendments to the Public Employees' Retirement Law, and or 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 whicl said contributions refer or as may be prescribed by Board regulation. If more or les! than the correct amount of contributions is paid for any period, proper adjustment shal be made in connection with subsequent remittances. Adjustments on account of erron in contributions required of any employee may be made by direct payments between th( employee and the Board. B. This amendment shall be on the day o BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREFNT SYSTEM OF THE 4i3 CITY OF CARLSBAD BY .;69" BY 3 c CHIEF, CONTRA ERVICES DIVISION PUBLIC EMPLO S' RETIREMENT SYSTEM &6u M Presiding Officer Q . . ClW PERS-CON-702 (AMENDMENT) (Rev. 1/92)