HomeMy WebLinkAbout2004-04-13; City Council; NS-701; CalPers contract amendment...1
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ORDINANCE NO. NS-701
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
WHEREAS, the City Council authorized the City to initiate an amendment of
the City’s contract with CalPERS to provide the 3% at 60 retirement benefit (Section
21 354.3) for all local miscellaneous employees effective the pay period inclusive of
January 1,2005; and
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as
follows:
SECTION 1 : That an amendment to the contract between the City Council of
the City of Carlsbad and the Board of Administration of the California Public
Employees’ Retirement System is hereby authorized, a copy of said amendment
marked “Exhibit A to Resolution No. 2004-094
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.
EFFECTIVE DATE: This ordinance shall be effective thirty days after the
date of its adoption; and the City Clerk shall certify the adoption of this ordinance
and cause it to be published at least once in a newspaper of general circulation in
the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of March 23, 2004, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of April 13, 2004 , by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard
NOES: None
ABSENT: None
ATTE3
1
mAINE w. WOOD, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY: n - pnSLWL ONALD R. BALL, City Attorney
4-1 +&.
Ordinance No. NS-701 page 2
CalPERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Carlsbad
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the 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 I, 1981, June 21, 1982, November 22, 1982, June 26, 1989,
November 16, 1990, July 3, 1992, November 3, 1993, June 30, 1995, June 3, 1996,
January 1, 1997, June 14, 1997, June 25,2001 and December 22,2003 which provides
for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs I through 13 are hereby stricken from said contract as executed
effective December 22, 2003, and hereby replaced by the following paragraphs
numbered 1 through 14 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 local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after January I, 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 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).
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:
a. SENIOR INSTRUCTOWLIFEGUARD HIRED AFTER NOVEMBER
3, 1993.
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 each year of
credited prior and current service for local miscellaneous members in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 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 age 55 Full and Modified).
7. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.3 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 (3% at age 60
Full and Modified).
8. 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 21362.2 of said Retirement Law
(3% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
AI Iowan ce) .
b. Section 20425 ("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 20965 (Credit for Unused Sick Leave).
d. Section 20042 (One-Year Final Compensation).
e. Section 21427 (Improved Nonindustrial 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) for local
miscellaneous members and local police members only.
h. Section 21583 (Second Opportunity to Elect 1959 Survivor
Benefits).
I. Section 20434 ("Local Fire Fighter'' shall include any officer or
employee of a fire department employed to perform firefighting, fire
prevention, fire training, hazardous materials, emergency medical
services, or fire or arson investigation services as described in
Government Code Section 20434).
i. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members only.
IO. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
August 18, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. 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.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21 573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
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 members and local police members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21 574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
c. 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 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
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.
13. 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.
14. 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 effective on the 20th day of December 2004 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CI
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES, RETIREMENT SYSTEM 4//5/C*j
Witness Date
,p Attest: ,
1 c Clerk I
I
AMENDMENT ER# 338
PERS-CON-702A (Rev. 8\02)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the City Council of the (governing body)
(public agency)
adopted on April 13 , 2004 , by an affirmative vote of a majority
(date)
of the members of said Governing Body, Ordinance (0 rd i na nce or Resolution)
No. NS-701 approving the 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
in the form furnished by said Board of Administration being attached hereto.
Ordinance
(Ordinance or Resolution)
- Assistant City Clerk
Title
PERS-CON4 (Rev. 1/96)