HomeMy WebLinkAbout1996-04-23; City Council; NS-353; CALPERS Board & City contract amendment...1
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ORDINANCE NO. NS - 353
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.
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The City Council of the City of Carlsbad does ordain as follows:
SECTION 1. That an amendment to the contract between City
Council of the City Carlsbad and the Board of Administration,
California Public Employees’ Retirement System, is hereby
authorized a copy of said amendment being attached hereto, marked I
“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. 18
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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 a newspaper
of general circulation, published and circulated in the City of
Carlsbad and thenceforth and thereafter the same shall be in full
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1 ll .I. INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of APRIL , 1996, 2
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and therefore
PASSED, APPROVED, AND ADOPTED at a regular meeting o
6 11 the City of Carlsbad, California, on the 23rd day of
7 APRIL , 1996, by the following vote, to wit:
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AYES: Council Members Lewi
NOES: None
ABSENT: None
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CLAUDE A. LEWIS, Mayor
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ATTEST: 15
ANZ, City Clerk
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(SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
The Board of Administration, Public Employees' Retirement System, hereinafter referred to 6s Bo;
and the g0VCnZhg body Of above public agency, hereinafter referred to as Public Agency, having entc
into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effec
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977, I
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16, 15
July 3, 1992, November 3, 1993 and June 30, 1995, which provides for participation of Public Age
in said System, Board and Public Agency hereby agree as foollows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June
1995, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retiren
Law shall have the meaning as defined therein unless otherwise specifically provic
"Normal retirement age" shall mean age 60 for local miscellaneous members and agc
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from
after January 1, 1956 making its employees as hereinafter provided, members of
System subject to all provisions of the Public Employees' Retirement Law except i
as apply only on election of a contracting agency and are not provided for herein an
all amendments to said Law hereafter enacted except those, which by express provis
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of
Retirement System except such in each such class as are excluded by law or
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 1
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said Retirer
Law, the following classes of employees shall not become members of said Retirer
System:
a. SENIOR INSTRUCTOWLIFEGUARD HIRED AFTER NOVEMBER 3,
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5. This contract shall be a continuation of the contract of the Carlsbad Municipal Water
District, hereinafter referred to as "Former Agency". The accumulated contributions,
assets and liability for prior and current service under the Former Agency's contract shall
be merged pursuant to Section 20508 of the Government Code. Such merger occurred
February 17, 1992.
6. 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, 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).
7. 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
21362 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance).
b. Section 20424 ("Local Police Officer" shall include employees of a police
department who were employed to perform identification or communicatior
duties on August 4, 1972 and who elected to be local safety members).
C. Section 20965 (Credit for Unused Sick Leave).
8. Section 20042 (One-Year Find Compensation).
e. Section 21427 (Improved Non-Industrial Disability Allowance) for local
miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
g- Section 21573 (Third Level of 1959 Survivor Benefits).
h. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits).
1. Section 20434 ("Local Fire Fighter" shall include any officer or employee of 2
fire department employed to perform firefighting, fire prevention, fire training
hazardous materials, emergency medical services, or fire or arson investigatiol
services as described in Government Code Section 20434).
9. Public Agency, in accordance with Government Code Section 20790, ceased to be ar
"employer" for purposes of Section 20834 effective on August 18, 1977. Accumulatec
contributions of Public Agency shall be fixed and determined as provided in Governmen
Code Section 20834, and accumulated contributions thereafter shall be held by the Boar(
as provided in Government Code Section 20834.
I 10. Public Agency shall contribute to said Retirement System the contributions determine(
by actuarial valuations of prior and future service liability with respect to loca
miscellaneous members and local safety members of said Retirement System.
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11. Public Agency shall also contribute to said Retirement System as follows:
a. Public Agency shall contribute $2.00 per member, per month on account of the
Retirement Law. (Subject to annual change.) In addition, all assets anc
liabilities of Public Agency and its employees shall be pooled in a single account.
based on term insurance rates, for survivors of all local miscellaneous member!
and ilocal safety members.
liability for the 1959 Survivor Benefits provided under Section 21573 of saic
b. A reasonable amount, as fixed by the Board, payable in one installment withil
60 days of date of contract to cover the costs of administering said System as i
affects the employees of Public Agency, not including the costs of specia
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment as thl
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.
12. Contributions required of Public Agency and its employees shall be subject to adjustmen1
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.
13. 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 whict
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 error!
in contributions required of any employee may be made by direct payments between thc
employee and the Board.
B. This amendment shall be effective on the day of ,19-.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BY
DIVISION CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Apsil 30, 1996
\%tESS, bXj’e ..
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1 Attest: (’ i ;
AMENDMENT
PEW-CON-702A (Rev. 1/96)
(
I.
‘I Wk, v
KAREN R. KUNDTZ,%sistant City
0 e CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(91 6) 326-3420
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the City Council of the
(governing body)
City of Carlsbad
(public agency)
adopted on - by an affirmative vote of a majority of the members of said
(date)
Governing Body, Ordinance No. NS - 3 5 3 approving the
(OrdinanceResolution)
attached contractual agreement between the Governing Body of said Agency and the Board of
Administration of the California Public Employees' Retirement System, a certified copy of said
Ordinance No. NS-353 intheformfurnishedbysaidBoardofAdministration
(Ordinance or Resolution)
being attached hereto.
',, $1 ..
City Clerk '., ..,I
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Title
Date April 30, 1996
PERS-CON4 (Rev. 1/96)