HomeMy WebLinkAbout1992-06-02; City Council; 11716; ADOPTION OF ORDINANCE NO. NS-201| AMENDMENT TO PERS CONTRACT FOR LOCAL MISCELLANEOUS AND FIRE MEMBERS! E
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liB#a TITLE= ADOPTION OF ORDINANCE NO. NS-201 -
MTG. DEPT. 6/2/92 CLK
DEPT,
AMENDMENT TO PERS CONTRACT IFOR LOCAL CITY l
MISCELLANEOUS AND FIRE MEMBERS wT
RECOMMENDED ACTION:
Adopt Ordinance No. NS-201, authorizing an amendment to the Contract between tl
City of Carlsbad and the Board of Administration of the Califcrnia Public Employec
Retirement System to provide the Military Service Credit as Pulblic Service option.
ITEW EXPLANATION
Ordinance No. NS-201 was introduced and first read at a regular City Council meetir
on May 12, 1992. The second reading allows Council to adopt the ordinance whic
would then become effective in thirty days. The City Clerk will have the ordinan
published in the "Carlsbad Journal" within fifteen days, if adopted.
FISCAL, IMPACT
See Agenda Bill No. 11,683 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-201.
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i 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 as Bc
and the governing body of above public agency, hereinafter referred to as Public Agency, having ent
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, August 18, 1977, June 21, 1
January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989 and November 16 1990, v
provides for participation of Public Agency in said System, Board and Public Agency hereby agri
fol Io w s :
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Nove
16, 1990, and hereby replaced by the following paragraphs numbeired 1 through 12 inclusi
1. All words and terms used herein which are defined in the Public Employees' Retire
Law shall have the meaning as defined therein unless otherwise specifically prov
"Normal retirement age" shall mean age 60 for local miscellaneous members and a{
for local safety members.
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
as apply only on election of a contracting agency and are not provided for herein a
all amendments to said Law hereafter enacted except those, which by express provi
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes sh,all become members of
Retirement System except such in each such class as are excluded by law o
agreement:
a.
b.
c.
2.
3.
Local Fire Fighters (herein referred to as local safety members);
Local Police Officers (herein referred to as local safety members).
Employees other than local safety members Cherein referred to as
miscellaneous members).
r
I 4 0 e
4. In addition to the classes of employees excluded from membership by said Retirem Law, the following classes of employees shall not become members of said Retire1
System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of finaI compensation to be provided for local miscellaneous member
each year of credited prior and current service shall be determined in accordance
Section 21251.13 of said Retirement Law, subject to the reduction provided thereii
service on and after June 1, 1958, the effective date of Social Security coverage,
prior to December 31, 1980, termination of Social Security, for members whose sei
has been included in Federal Social Security (2% at 60 Full and Modified).
The percentage of final compensation to be provided for each year of credited prioi
current service as a local safety member shall be determined in accordance with Sel
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
a.
b.
6.
7.
Sections 21263, 21263.1 and 21263.3 (Post-Retireinent Survivor Allowanc
Section 20020 ("Local Police Officer" shall include employees of a r
department who were employed to perform identification or communic
duties on August 4, 1972 and who elected to be local safety members).
Section 20862.8 (Credit for Unused Sick Leave). C.
d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21:
(Increased 1959 Survivor Benefits) and Section 211382.4 (Third Level of
Survivor Benefits) for local safety members only.
Section 20024.2 (One-Year Final Compensation). e.
f. Section 21298 (Improved Non-Industrial Disability Allowance) for
miscellaneous members only.
Sections 21380-21387 (1959 Survivor Benefits) including Section 21
(Increased 1959 Survivor Benefits) for local miscellaneous members only.
Section 20930.3 (Military Service Credit as Public Service),
Sthtutes of 1976.
I
g.
h.
8. Public Agency, in accordance with Government Code Section 20740, ceased to
"employer" for purposes of Section 20759 effective on August 18, 1977. Accumi
contributions of Public Agency shall be fixed and determined as provided in Goveri
Code Section 20759, and accumulated contributions thereafter shall be held by the I
as provided in Government Code Section 20759.
.
1 u e 0 9. Public Agency shall contribute to said Retirement System die contributions determ
by actuarial valuations of prior and future service liability with respect to I
miscellaneous members and local safety members of said R.etirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
10.
A reasonable amount, as fixed by the Board, payable in one installment w
60 days of date of contract to cover the costs of administering said System
affects the employees of Public Agency, not including the costs of sp
valuations or of the periodic investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one installment ii
occasions arise, to cover the costs of special valuations on account of emplc
of Public Agency, and costs of the periodic investigation and valuations reqi
by law.
b.
11. Contributions required of Public Agency and its employees shall be subject to adjust
by Board on account of amendments to the Public Employees’ Retirement Law, ar
account of the experience under the Retirement System as determined by the per
investigation and valuation required by said Retirement Law.
Contributions required of Public Agency and its employees shall be paid by I:
Agency to the Retirement System within fifteen days after the end of the period to \
said contributions refer or as may be prescribed by Board regulation. If more o
than the correct amount of contributions is paid for any period, proper adjustment
be made in connection with subsequent remittances. Adjustments on account of E
in contributions required of any employee may be made by direct payments betwee
employee and the Board.
i
12.
B. This amendment shall be effective on the d il
9 19-2
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CLAUDE A. LEWIS, Mayor
i # W‘ ss Date ’792,
Attest : *- Clerk FERS-CON-702 (AMENDMENT) ALETHA L. RAUTENKRANZ, City
(Rev. 1/92)
-CAI 1101*1* 0 0
'LoIltract setvices Division,
P.0. Box 942709
Sacramento, CA 94229-2709
(91 6) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
DATE: June 3, 1992
I hereby certify:
That the City Council
(Governing Body)
the City of Carlsbad adopt
(Public Agency)
on June 2, 1992 , by an affirmative vote of a majority of t
(Date)
NO. NS-201 members of said Governing Body, Ordinance - (Ordinance or Resolution)
approving the attached contractual agreement between the Governing Body of SE
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance No. NS-201 - in the form
(Ordinance or Resolution)
furnished by said Board of Administration being attached hereto.
/kziLL 8 /@d.</a/<M
(Clerk OK Secxetary) ALETHA L. RAUTENKRANZ, City Cler
City of Carlsbad
(Public Agency)
PERS-CON-5
C0614 (Rev. 4/89)
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ORDINANCE NO. NS-201
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
EMPLOYEES RETIREMENT SYSTEM
ADMINISTRATION OF THE CALIFORNIA Puew
The City Council of the City of Carlsbad does ordain as follows:
SFCTION 1. That an amendment to the contract between the City Counc
of the City of Carlsbad and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said amendmer
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 saic
Agency .
SECTION C. This Ordinance shall take effect 30 days after the date of it:
adoption, 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 ai
thereafter the same shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the 12th day of May , 1992, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City (
Carlsbad, California, on the 2nd day of June -3 1992, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson,, Stanton and Nygaa
NOES: None
ABSENT: None
1 5, Mayor
ATTEST:
i AL~AYGLE~~ZA
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2o
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I
(SEAL)
..
Exhibit A w copy .% J
&??I
+QP AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
457 '".2. ?, %
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as BO;
and the governing body of above public agency, hereinafter referred to as Pulblic Agency, having ente
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, August: 18, 1977, June 21, 15
January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989 and November 16 1990, wl
provides for participation of Public Agency in said System, Board and Public Agency hereby agrec
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Noven
16, 1990, and hereby replaced by the following paragraphs numbered 1 through 12 inclusij
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 ag
for local safety members.
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 proviz
thereof, apply only on the election of a contracting agency.
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.
b.
c.
2.
3.
Local Fire Fighters (herein referred to as local safety members);
Local Police Officers (herein referred to as local safety members).
Employees other than local safety members (herein referred to as
miscellaneous members).
4.
0 . RUSE 00 NOT SIGN 'lW~~~~ ONLY
4. In addition to the classes of employees excluded from membership by said Retiremer Law, the following classes of employees shall not become members of said Retiremt
System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for local miscellaneous members 1 each year of credited prior and current service shall be determined in accordance w
Section 21251.13 of said Retirement Law, subject to the reduction provided therein .
service on and after June 1, 1958, the effective date of Social Security coverage, s
prior to December 3 1, 1980, termination of Social Security, For members whose sew
has been included in Federal Social Security (2% at 60 Full and Modified).
The percentage of final compensation to be provided for each year of credited prior q
current service as a local safety member shall be determined in accordance with Sect
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
a.
b.
6.
7.
Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance:
Section 20020 ("Local Police Officer" shall include employees of a PO
department who were employed to perform identification or communicat
duties on August 4, 1972 and who elected to be local safety members).
Section 20862.8 (Credit for Unused Sick Leave). C.
d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 2131
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1
Survivor Benefits) for local safety members only.
Section 20024.2 (One-Year Final Compensation). e.
f. Section 2 1298 (Improved Non-Industrial Disability Allowance) for 1
miscellaneous members only.
Sections 2 1380-2 1387 (1959 Survivor Benefits) including Section 2 131
(Increased 1959 Survivor Benefits) for local miscellaneous members only.
Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1976.
.
g.
h.
8. Public Agency, in accordance with Government Code Section 20740, ceased to t
"employer" for purposes of Section 20759 effective on August 18, 1977. Accumu
contributions of Public Agency shall be fixed and determined as provided in Govern
Code Section 20759, and accumulated contributionsthereafter shall be held by the E
as provided in Government Code Section 20759.
e m 4 i
% * 9. Public Agency shall contribute to said Retirement System the contributions determin
by actuarial valuations of prior and future service liability with respect to lo(
miscellaneous members and local safety members of said Relirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
10.
A reasonable amount, as fixed by the Board, payable in one installment witl
60 days of date of contract to cover the costs of administering said System a‘
affects the employees of Public Agency, not including the costs of spec
valuations or of the periodic investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one installment as
occasions arise, to cover the costs of special valuations on account of employ
of Public Agency, and costs of the periodic investigation and valuations requi
by law.
b.
1 1. Contributions required of Public Agency and its employees shall be subject to adjustm
by Board on account of amendments to the Public Employees’ Retirement Law, anc‘
account of the experience under the Retirement System as determined by the peric
investigation and valuation required by said Retirement La&.
Contributions required of Public Agency and its employees shall be paid by Pu
Agency to the Retirement System within fifteen days after the end of the period to wl
said contributions refer or as may be prescribed by Board regulation. If more or
than the correct amount of contributions is paid for any period, proper adjustment z
be made in connection with subsequent remittances. Adjustments on account of er
in contributions required of any employee may be made by (direct payments betweer
employee and the Board.
12.
B. This amendment shall be e on the day
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREFNT SYSTEM OF THE
CITY OF CARILSBAD Gs’ c BY @ BY h.;tL
Presiding Officer CHIEF, CONTRA ERVICES DIVISION
PUBLIC EMPL S’ RETIREMENT SYSTEM &$e” . - * &T \ Witness Date
@
Attest: * &
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)