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.
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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
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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
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is hereby authorized, a copy of said amendment being attached
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23. hereto, marked "Exhibit A', and by such reference made a part
hereof as though herein set out in full.
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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
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7 ordinance adopted as an urgency measure pursuant to California
Government Code Section 36937, and shall take effect immediately.
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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
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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
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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
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10 RONALD C..PACKARD, Mayor
MARY H. CASLER, VICE -MAYOR
•11 ATTEST:
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AETH�AL.RAU4 RANI, City Cle>
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(SEAL)
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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
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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,
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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. ,
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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
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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
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ATTEST:
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ALETHA
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(SEAL)
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,
ONALD C. PACKARD, Mayor
—2—
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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 .