HomeMy WebLinkAbout1989-04-18; City Council; 9988; AMENDMENT TO PERS CONTRACT FOR FIRE SAFETY EMPLOYEESm
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;;;AH;$ -_ AB# 9988 TITLE:
MTG..A/L@L SAFETY EMPLOYEES
DEPT. PER CITY MGR.
RECOMMENDED ACTION:
AMENDMENT TO PERS CONTRACT FOR FIRE
1. Adopt Resolution of intention to amend PERS contract Resolution No. 39 -/'&y.
Introduce Ordinance No. @us - b6 amending the PERS 2. contract for Fire Safety Employees 4
ITEM EXPLANATION:
In the 1987 MOU with CFA, the City Council agreed to amend
the contract with the Public Employees' Retirement System
(PERS) for fire safety employees to base their retirement benefits on a formula that uses the single highest year
earnings. the three highest years.
proposed revisions to the retirement contract; adoption of a
' resolution of intention and introduction of the ordinance to amend the contract.
FISCAL IMPACT:
Next fiscal year the City has budgeted $1,735,244 for PERS
in the Fire and Police Departments.
evaluation has indicated that the amended PERS rate for the city's contribution for safety personnel, effective July 1,
1989, is 18.794%. The current rate is 18.621%. This means
an increase of .173% or approximately $lO,OOO. This amount will be included in the budget for FY89-90.
EXHIBITS :
1. Resolution of intention to amend PERS contract
2. Ordinance No. d5-h & amending the PERS contract for
Previously the formula was based on an average of
The City Council needs to take two actions to implement the
The actuarial
Resolution No. E7F/gv.
Fire Safety Employees.
1
m Resolution No. 89-124 e
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIFUBENT SYSTEM
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees'
Retirement System by the execution of a contract, and sets forth
the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law: and
WHEREAS, one of the steps in the procedure to amend this contract is the
adoption by the governing body of the public agency of a resolution
giving notice of its intention to approve an amendment to said
contract, which resolution shall contain a summary of the change
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20024.2 (One-Year Final
Compensation) for local fire members only.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to
the contract between the said governing body and the Board of
Administration of the Public Employees' Retirement System, a copy
of said amendment being attached hereto, as an "Exhibit" and by
this reference made a part hereof.
BY
CLAUDE A. LEWIS, Mayor
(TITLE)
April 18, 1989
Ret. Form 122 (Date adopted and approved)
C0302
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ORDINANCE NO. NS-66
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AN AMENDMENT 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 does ordain as follows:
SECTION 1. That an amendment to the contract between 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.
SECTION 3. This Ordinance shall take effect 30 days after the date of it!
adoption, and prior to the expiration of 15 days from the adoption thereof
shall be published at least once in the Carlsbad Journal, a newspaper of
general circulation, published and circulated in the City of Carlsbad and
thenceforth and thereafter the same shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council I 1 ' held on the 18th day of April , 1989, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Carlsbad,
California, on the 9th day of May , 1989, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
AL%uiE&i-+k
(SEAL)
I I
If
LAllIUIC tl
.**A COPY *+* 0
:e AMENDMENT TO CONTRACT
Ud BGPWEEN THE FARD OF ADMINISTRATION
OF THE
ANDTEE
CITY COUNCIL
OF THE
< *' -.-
A- - -AA- *$flsB d21!lL IC EMPLOYEES' RETIREMENT SYSTEM 66 +r .- ~cq 92 ;ipSt* CITY OF CARSLBAD
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 3, 1959, March 18, 1975, April
1, 1975, August 18, 1977, June 21, 1980, January 1, 1981, June 21, 1982 and
November 22, 1982, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective November 22, 1982, and hereby replaced by the following
paragraphs numbered 1 through 11 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 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
to all amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
election of a contracting agency and are not provided for herein and
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).
e*** copy *** a
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:
NO ADDITIONAL EXCLUSIONS
5. The fraction of final compensation to be provided for local miscel-
laneous members for each year of credited prior and current service
shall be determined in accordance with Section 21251.13, subject to
the reduction provided therein for service on or after June 1, 1958
and prior to December 31, 1980 for members whose service has been
included in Federal Social Security (2% @ 60 Full and Modified).
6. 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 21252.01 of said Retirement Law
(2% at age 50 Full).
The following additional provisions of the Public Employees'
etirement Law, which apply only upon election of a contracting 7* k
:%agency, shall apply to the Public Agency and its employees: 43
re a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor .* Allowance). .$
---% -
2 .x* '>
b. Section 20020 ("Local Police Officer" shall include persons
assigned to identification and communication duties in the Police
Department who were not classified as local safety members and
1 who were in such employment on or prior to August 4, 1972, and
who elected to be local safety members within 60 days of the
contract amendment dated March 18, 1975).
I '*
b
-=c 42
8 c. Section 20862.8 (Unused Sick Leave Credit).
d. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section * 47- -ab 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) for local
miscellaneous members and local fire members only.
f. Section 21298 (Increased 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.
I e*** COPY *** e
8. 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 Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
9. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 8.480 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 0.029 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 20.010 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
e. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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 in-
stallment as the occasions arise, to cover the costs of special
the periodic investigation and valuations required by law.
valuations on account of employees of Public Agency, and costs of
10. 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.
QAS fl/3 NOT :ic,i./ 'BHIQjy mty#
e*** COPY *** m
11. 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
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.
correct amount of contributions is paid for any period, proper
day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIR OF THE @ CITY OF CARLSBAD
% +
2%)
* 4, 43
BY '(=-\\ BY - ASSISTANT %TIVE OFFICER Presiding Of er
PUBLIC Fj% EES' RETIREMENT SYSTEM c3@ @
9 &b witnes$;jijate 8
At$%: q4f"
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)