Loading...
HomeMy WebLinkAbout1980-05-27; City Council; 6245-1; Amendment PERS Contract Safety PersonnelCI_TY OF_CARLSBAD Initial: AGENDA BILL NO. &a 4 U V Dept.iid.______ + DATE: MAY 27 1980 C. Atty.- C . Mgr. • DEPARTMENT:_ PERSONNEL Subject: AMENDMENT PERS CONTRACT (Safety Personnel) Statement of the Matter The City agreed to amend its Public EmrOoyees Retirement System (PERS) Contract as part of Memorandum of Understanding (MOU) signed with the Carlsbad Police Officers' Association and the Carlsbad Firefighters' Association. Three year agreements were signed with both associations in 1979. The City agreed to amend the PERS Contract to provide the 1959 Survivor Benefits (Government Code Sections 21380-21388) for both associations, effective July 1, 1980. The City presently contributes an amount equal to 17.886% of salary for PERS retirement for each employee. The addition of the 1959 Survivor Benefits will increase the contribution rate -to 18.386%, an increase of 0.5%. The dollar cost of retirement for police and fire next fiscal year without the amendment would be $410,820. By including the 1959 Survivor Benefit:, the dollar cost will be $422,290. The 0.5% increase in the contribution rate will apply until the year 2000. in order to implement the amendment of the PERS contract the Council adopted Resolution of Intention 6180 on May. 6, 1980. State law requires that the Council must wait 20 days after adoption of the Resolution of Intention before taking final action to amend the contract. In order to ensure that the amendment is effective by July 1, 1980 the City Council should adopt the Ordinance approving the amendment as an urgency measure that takes effect immediately. In addition, in order to preclude any possible legal challenge to the validity of Declaration of Urgency, the staff is recommending that the Council also approve the Amendment as a regular ordinance. Exhibit Emergency Ordinance No. /,?e? 9 Ordinance No. 3 0 Recommendation Adopt Emergency Ordinance No. Introduce Ordinance No. Council_Action: 5-27-80 Council adopted Emergency Ordinance 1229, and introduced Ordinance No. 1230 for a first reading. 6-3-80 Council adopted Ordinance No. 1230. 4 1 2 3 4 ORDINANCE N0. 1229 AN EMERGENCY ORDINANCE ADOPTED AS AN URGENCY MEASURE OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE CITY OF CARLSBAD AND BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC" EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Carlsbad, California 5 6, hereby ordains as follows: 7 SECTION 1. That an amendment to the Contract between the 8 City Council of the City of Carlsbad and the Board of Administration, California Public Employees` Retirement System S is hereby authorized, a copy of said amendment being attached 10 23. hereto, marked "Exhibit A', and by such reference made a part hereof as though herein set out in full. 12 13 SECTION 2. The Mayor of the City of Carlsbad is hereby 3.4 authorized, empowered, and directed to execute said amendment 3.5�for and on behalf of said Agency. 11 SEi2TION 3. DECLARATION OF URGENCY: This is an emergency 3.6 1 7 ordinance adopted as an urgency measure pursuant to California Government Code Section 36937, and shall take effect immediately. 18 19 The City has entered into agreements with the -Carlsbad Police 20 Officers Association and the Carlsbad Firefighters' Association 21 to provide the 1959 Servivors Program as of July 1, 1980. In 22 order to comply with the provisions of that agreement it is 25 necessary that Ithis ordinance take effect immediately. EFFECTIVE DATE: This ordinance shall be effective immediately 24 25 upon passage. The City Clerk of the City of Carlsbad shall 2certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within fifteen days after 27 28 adoption. F an adjourned 3. 1NTR0DUCED, PASSED AND ADOPTED at regular meeting of the 2 City Council of the City of Carlsbad, California held on 3 the 27th day of May , 1980 by the following vote, 4 to -wit: 5 AYES-: Councilwomen Casler, Kulchin, Councilmen Anear and Lewis 6 NOES: None ' 7 ABSENT: Councilman Packard 9 r�' 10 RONALD C..PACKARD, Mayor MARY H. CASLER, VICE -MAYOR •11 ATTEST: 13 a- AETH�AL.RAU4 RANI, City Cle> 14 i (SEAL) - 15 16 17 -. 18 E 19 20 21 . 22 23 24 26 , 27 g8' A , • 'All AMEND,HENT TO COINTRACT BEIVEEN THE BOARD CC ADMINISTRATT.ON PUBLIC EMPLOYEES' RETIREHEN'T SYSTEM ' AND THE �=�;/�• ' ,z; :��_...•�•j> CITY COUNCIL ~J::�r +,; ;'+ ,.' •n CITY OF CARLSBAD a%�t';';., J;y• The Board of Administration, Public Employees' Retirement System, herein— after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1, 1956, and as amended effective July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1', 1975, and August 18, 1977, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective April 1;. 1975, and hereby replaced by the following paragraphs 8umbered 1 through 10 inclusive: �. 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 meal a`Le 60 for local miscellaneous and age 55 for local safety members. . Public Agency shall participate in the Public Employees' Retirement System fran 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 el.eation of a contracting agency and are not provided for herein and it ail amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies, 3. pgployees'of Public Agency in the following classes shall became members of said Retirement System except such in each such class as are atcluded by law or this agreement: a, Local Firemen (herein referred to as local safety members); b, Local iblicemen (herein referred to as local safety members); g, Elmployees other they local safety members (herein referred to as 1994 miscellaneous members). 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 n • NO ADDITIONAL EXCLUSIONS 4. The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be that provided in Section 21251.13 subject to the reduction provided therein for service cn and after June 1, 1958 of -members whose service has been included in Federal Social Security. 5. 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 21252.1 of said Retirement Law (One-half pay at age 55). 6. The following additional provisions of the Public Employees' Retire - went Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntwy retirement) for local safety members only. b. Sections 21263Y21263.1 (Post -retirement survivor allowance), for local safety members. c. Section 20020 ("Local policemen shall include persons who are employes to perform identification and communication duties in the Police Department viho are not now local safety members and who Were in such employment on August 4, 1972 and who elect safety membership within 60 days of the effective date of this amendment") . d. Section 20862.8 (Unused sick leave credit), for local miscel- laneous members. e. Sections 21380-21388 (1959 Survivors Program), for local safety members. 7. Public Agency, in accordance with•Section 20740,•Government Code, • ceased to be an "employer" fcr purposes of Chapter 6 of the Public Fhployees' Retirement Law effective on August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided 3n Section 20759, Government Code. , $. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: ercent until June 30, 2000 on account of the liability for p' " (1) p for service benefits. liab (2) 10.177 percent on account of the liability for current service benefits- members, the agency shall contribute b. With respect to local eseof monthly salaries earned as local the following percentages stem: safety members of said Retirement Sy 018 percent 2000 on account of the 0. ent until June 30� for prior service benefits• liability (2) 17.868 p erce:lt on account of the liability for current service benefits• for the 1959 t on account of the liability (3) 0.500 percen ` Survivor program. the Board to cover the annum, as fixed by ees of o. A reasonable amount per said System as it affects the employ costs of administering the costs of special valuatila or ` public Fbency, not including uations of the periodic investigation and valrequired by the Board, payable in one insall- to cover the costs of special val'�a- d. A reasonable amount as fixed by Agency, and costs of t"a ment as the occasions arise, Lions on account of employees of Public A7 y'bu law. periodic investigation and valuations required ees shall to Agency and its employ the public g. Contributions required off Public on account of ac:endmenis to subject to adjustment by and on account of the expel ienee n deerd the Employees' Retirement Law, tp1e periodic investigation Retirem,,ht System as deter stet ercent Law' by valuation required by and its employees shall be 10. Contributions required oftbRtirgeint System within thirty days paid by public Agency to which said contributions refer or as after the end of the periodIf may be prescribed by Board regulatioaid fcrmaly periods proper than e correct amount of contributions is p adjustment a( shall be made in connection with subsequent remittances, o j contributions -required of ee and adjustments on account °direct caste payments between the employee form employee may be made by public Agency to Board may be made n orders the Bow. payments by certified checks, money of Warrants, bank checks, bank drafts, cc cash. amendment shall be attachted to said contract and shall be effective on day of our hands the day of ADMINISTRATION CITY COUNCIL MF-OYEES' RETIREIENT SYSTEM OF THE Cjry F CARISBAD BY . Blec nger, Executive Officer ��dnt.� Vie;; Eiro J l't.v9 r{' Approved as to form: Attest: Ile is G. pme', egal Office, Date er FERS CON 702 t 1 2 3 4 5 6 7 8 9 10 11 12 13 19 1� if 1, 1F 1s 2C 2] 2R 2: 24 2` 2( 2' 2F i ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING AN AMEND- MENT 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, California does ordain as follows: SECTION 1% That an amendment to the contract between the City Council of the City of Carlsbad and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked 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. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of the ordinance and cause it to be published at least once in the Carlsbad Journal, a newspaper of general circulation, published and circulated in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 27th day of May , 1980 and . thereafter 1 PASSED AND ADOPTED at a regular meeting of said City Council 2 held on the 3r_ d day of • June_, 1980, by the 3 following vote, to wit: 4 AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and Kulchin 5 NOES: None • g ABSENT -.None 7 8 ATTEST: 9 12k, 10 ALETHA 11 (SEAL) 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 25 26 27 28 , ONALD C. PACKARD, Mayor —2— f AMENa4ENT TO CONTRACT BE114EEN THE BOARD CC AMINISTRATION r ,I PUBLIC EMFLOYEES' RETIRE14ENT SYSTEM .q _. • AND THE• Car•,, � •. �"> ' CITY COUNCIL ,��,�,y� rf � �%�!�� �►, CFTHE CITY OF CARLSBAD The Board of Administration, Public Employees* Retirement System, herein- ' after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, affective January 1, 1956, and as amended effective July 1, 1957, •1aluary 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, W4, August 18; 1977, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: :L= Paragraphs 1 through 8 are hereby stricken from said contract as executed effective April 1,'1975, and hereby replaced by the following paragraphs jjN*ed 1 through '10 inclusive: jt All words and terms used Yierein which are defined in the Public ; &ioyeesl Retirement Law shall have the meaning as defined therein Mess otherwise specifically provided. "Mr•mal retirement age" -shall Wean age 60 for local miscellaneous and age 55 for focal safety • iiembers. . Pu�lie Agency shall participate in the Public Fmployees' Retirement i System from and after January 1, 1956 making its employees as hereinafter provided, members of said System subject to all provisions s it the Public Fmployees, 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 such as by exFress provisions thereof apply only on the election of contracting agencies, , 3� ggployees of Public Agency in the following classes shall became members of said Retirement System except such in each such class as are excluded by law or this agreement: a� Local Firemen (herein referred to as local safety members); b, Local Fbticemen (herein referred to as local safety members); et IInployees other than local safety members (herein referred to as }oval miscellaneous members). 3n addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees st. ,a , not become members of said Retirement System: NO ADMIONAL EXCLUSIONS 4. the traction of final compensation -to -be provided for local miscel- laneous members fcr each year of credited pricy and current service - shall be that provided in Section 21251.13 subject to the reduction provided therein for service cn and after June 1, 1958 of -members whose service has been inclWed in Federal Social Security. • 5. The fraction of final edupensation to be provided far each year of ' credited prior and current service as a local safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55). 6. The following. additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section.-20952.5 ( Age 50 voluntary retirement) for local safety members only. b. Sections 21263i21263.1 (Post -retirement survivor allodwee), for local safety members. • c. Section 20020 1"Local policemen shall include persons who are employed to perform identification ar.d communication duties in the 'Police Department who are not now local safety members and who were in such employment on August 4, 1972 and who elect safety membership within 60 days of the effective date of this amendment") . ' d. Section 20862.8 (Unused sick leave credit), for local miscel- laneous members. Sections 21380-21388 (1959 Survivors Prooran), for local safety members. 7. Public Agency, in accordanc1 with Section 20740, Government Code, ceased to be an "employer" fcr purposes of Chapter 6 of the Public Employees' Retirement Law effective on August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Sectiu► 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the follod.3ng percentages of monthly salaries earned as miscellaneous members of said Retirement Systen: (1) 0.009 percent until,june 30, 2000 on account of the liability for prior service benefits. j (2) 10.1?7 percent on ac" unt of the liability for current tI service benefits. E b. With respect toeroentageal s oy mo thlymembers, salar•iieesnearnedshall. as localcontribute the following p f safety members of said Retirement System: ' (1) 0.018 percent Lmtil June liability for prior service�benefits.ac�unt of the (2) 17.868 percent on account of the liability for currant service benefits- i (3) 0.500 percent an account of the liability for the 1959 Survivor Program. n. A re 6onable amount per annum, as fixed by the Board 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 install- i special valua- ment as the occasions arise, to cover andis of the tions on account of employees of Public Agency, periodic investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Baployees, Retirement Law, and on account of the experience tinder the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. • 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer cr as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid fcr any period, props' adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders cr cash. B. 'this amendment shall be attached to said contract and shall be effective on the day of __ _,, 19_• Witness our hands the day of 19 - j BOARD OF ADUNISTRATION CITY COUNCII. PUBLIC E3FLOYEES' RETIRMNP SYSTEMS OF CEOF CAii1SBAD BY �d Executive Officer Prtsiflin�g . =icer;-' � I � Blechingerf y. it i7 ' .• J •,�,' f ii i� �', _ {,,i''%�� k��1 �''� Approved as to form: Attest: 11,379 is Be�Sane�, egaL Office, Date e'k 'PERS CON T02 lir a .