HomeMy WebLinkAbout1993-09-14; City Council; 12394; AMENDMENT TO PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT FOR SENIOR INSTRUCTOR/LIFEGUARD (INSTRUCTOR/LIFEGUARD II)4
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I /” I CIT~F CARLSBAD - AGEN~ BILL -1 :::e
AB # 1%,394 TITLE: AMENDMENT TO PUBLIC EMPLOYEES’ DEI
CIl MTG. (1-19- 73 RETIREMENT SYSTEM (PERS) CONTRACT FOR
S E N IO R I NST R U CTO R/LI F EG U A R D DEPT. HR (IN STR UCTO R/LI FEG U A R D I I) Cll
RECOMMENDED ACTION:
I . Adopt Resolution of intention to amend PERS contract
Resolution No. ‘73-,26/ .
2. Introduce Ordinance No. mJs-a!% amending the PERS
contract for Senior Instructor/Lifeguard (Instructor/Lifeguard 11).
ITEM EXPLANATION:
Currently, it is the City’s policy to employ hourly staff up to a maximum 1000 hours per fi
year. Hourly staff who work under 1000 hours in a fiscal year are excluded by PERS from
mandatory membership. Based on the need to employ skilled instructors who possess
specialized certificalions for the operation of the year round swimming pool, the Recreation
department has requested to utilize two hourly positions over the 1000 hour per year limit
thus prompting mandatory membership in PERS.
Over the past two years, the incumbents in the Senior Instructor/Lifeguard positions have bt
enrolled in PERS. Due to the fact that the incumbents are primarily students and that the
turnover in this small group continues to be constant, the City has reevaluated its options w
PERS. Under PERS rules, certain exemptions for these types of positions have been allowed.
a result, Human Resources requested a special waiver from PERS to exclude the Senior
Instructor/Lifeguard positions from this mandatory requirement. PERS has approved this
waiver and amendment to the City’s PERS contract.
The City Council needs to take two actions to implement the proposed revisions to the retiren
contract; adoption off a resolution of intention and introduction of the ordinance to amend the
contract.
FISCAL IMPACT:
The savings to the City is approximately $2,000 in additional retirement contributions for ’
positions for the fiscal year.
EXHIBITS:
1. Resolution off intention to amend PERS contract
Resolution No. 93-2& .
2. Ordinance No. ds-aS% amending the PERS
contract for Senior Instructor/Lifeguard.
0 e
'.
RESOLUTION NO. 93-361
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies an
their employees in the Public Employees' Retirement System by the execution of a contr
and sets forth the procedure by which said public agencies may elect to subject themse
and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention to appi
an amendment to said contract, which resolution shall contain a summary of the chi
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To exclude "Senior Instructor/Lifeguard" hired after the effective
date of the amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does here1
give notice of intention to approve an amendment to the contract between the said govei
body and the Board of Administration of the Pub
of said amendment being attached
hereof.
BY
CLAUDE'A. LEAIS
Mayor
(TITLE)
September 14, 1993
@ate adopted and approved)
C0302 (AMENDMENT) (Rev. 6/91)
Ret. Form 122
9 S\GId ‘mum c” 0
4. P\USE DO N
COPY
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 B
and the governing body of above public agency, hereinafter referred to as Public Agency, having en
into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended efft
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977,
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16,
and July 3, 1992, which provides for participation of Public Agency in said System, Board and 1
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Ji
1992, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public Employees’ Retir
Law shall have the meaning as defined therein unless otherwise specifically pro’
“Normal retirement age” shall mean age 60 for local miscellaneous members and 2
for local safety members.
Public Agency shall participate in the Public Employees’ Retirement System fro
after January 1, 1956 making its employees as hereinafter provided, members (
System subject to all provisions of the Public Employees’ Retirement Law excel:
as apply only on election of a contracting agency and are not provided for herein
all amendments to said Law hereafter enacted except those, which by express pro’
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes shall become members (
Retirement System except such in each such class as are excluded by law
agreement:
a.
b. Local Police Officers @;..-.a referrec’ ds local safety members).
c.
2.
3.
Local Fire Fighters (herein referred to as local safety members);
Employees other than local safety members (herein referred to a
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said Ret
Law, the following classes of employees shall not become members of said Ret
System:
a. SENIOR INSTRUCTOR/LIFEGUARD HIRED AFTER THE
EFFECTIVE DATE OF THE AMENDMENT TO CONTRACT.
. +%AsE Do NQT SIGN "EfihBIT (3Nl.T
5. The percentage of final compensation to be provided for local miscellaneous memk
each year of credited prior and current service shall be determined in accordant
Section 21251.13 of said Retirement Law, subject to the reduction provided ther
service on and after June 1, 1958, the effective date of Social Security coverai
prior to December 31, 1980, termination of Social Security, for members whose
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 pr
current service as a 1ocal.safety member shall be determined in accordance with
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 Allowa
Section 20020 ("Local Police Officer" shall include employees of a
department who were employed to perform identification or cornmu1
duties on August 4, 1972 and who elected to be local safety members).
Section 20862.8 (Credit for Unused Sick Leave).
Sections 21380-2 1387 (1959 Survivor Benefits) excluding Section 2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Tnird Level (
Survivor Benefits) for local safety members only.
Section 20024.2 (One-Year Final Compensation).
C.
d.
e.
f. Section 21298 (Improved Non-Industrial Disability Allowance) fo
miscellaneous members only.
Sections 21380-21387 (1959 Survivor Benefits) including Section z
(Increased 1959 Survivor Benefits) for local miscellaneous members on1
h. Section 20930.3 (Military Service Credit as Public Service), Statutes of
Public Agency, in accordance with Government Code Section 20740, ceased t
"employer" for purposes of Section 20759 effective on August 18, 1977. Accu
contributions of Public Agency shall be fixed and determined as provided in Govc
Code Section 20759, and accumulated contributions thereafter shall be held by th
as provided in Government Code Section 20759.
Public Agency shall contribute to said Retirement System the contributions detl
by actuarial valuations of prior and future service liability with respect 1
miscellaneous members and local safety members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
g.
8.
9.
10.
A reasonable amount, as fixed by the Board, payable in one installmen
60 days of date of contract to cover the costs of administering said Syst
affects the employees of Public Agency, not including the costs of
valuations or of the periodic investigation and valuations required by la
d. 0 0
e
b. A reasonable amount, as fixed by the Board, payable in one installment as i
occasions arise, to cover the costs of special valuations on account of employ
of Public Agency, and costs of the periodic investigation and valuations requil
by law.
11. 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, and
account of the experience under the Retirement System as determined by the perk
investigation and valuation required by said Retirement Law.
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 w1
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 et
in contributions required of any employee may be made by direct payments betweer
employee and the Board.
12.
B. This amendment shall be effective on the day of > 19-
PUBLIC EMPLO ENT SYSTEM OF C1TY THE cov BOARD OF ADM
CITY OF CA*SBAD
.z, 53
BY 9 BY z-,
PUBLIC EMPLOYEES’ RETI~,MENT SYSTEM G
& % %
CHIEF, CONTRACT SER~~S DIVISION Presiding Off&%
Witness Date 6 -t/ %
% 0
0 +& Attest: %
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
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ORDINANCE NO. NS-258
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’ RFTIREMFNT 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 oi
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 its
adoption, and prior to the expiration of 15 days from the adoption thereof shall be
published at least once in the Carlsbad Sun, 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
held on the day of , 1993, and therefore
Ill
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of
Carlsbad, California, on the day of
to wit:
, 1993, by the following vote,
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
8 f \q "~IB\l ONY 0 SH 00 NO La
COPY
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Boai
and the governing body of above public agency, hereinafter referred to as Public Agency, having entei
into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effect
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977, JI
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16, 19'
and July 3, 1992, which provides for participation of Public Agency in said System, Board and Put
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July
1992, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirem
Law shall have the meaning as defined therein unless otherwise specifically provid
"Normal retirement age" shall mean age 60 for local miscellaneous members and age
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 s
System subject to all provisions of the Public Employees' Retirement Law except s
as apply only on election of a contracting agency and are not provided for herein ani
all amendments to said Law hereafter enacted except those, which by express provis
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. 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 1
2.
3.
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said Retire1
Law, the following classes of employees shall not become members of said Retire
System:
a. SENIOR INSTRUCTOWLIFEGUARD HIRED AFTER THE
EJTECTIVE DATE OF THE AMENDMENT TO CONTRACT.
SF Do N,OT SIGN "we OWL?
5. The percentage of final compensation to be provided for local miscellaneous members fo
each year of credited prior and current service shall be determined in accordance witl
Section 21251.13 of said Retirement Law, subject to the reduction provided therein fo
service on and after June 1, 1958, the effective date of Social Security coverage, ani
prior to December 31, 1980, termination of Social Security, for members whose servic
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 an
current service as a local safety member shall be determined in accordance with Sectio
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 polic
department who were employed to perform identification or communicatic
duties on August 4, 1972 and who elected to be local safety members).
Section 20862.8 (Credit for Unused Sick Leave).
Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 19.
Survivor Benefits) for local safety members only.
Section 20024.2 (One-Year Final Compensation).
C.
d.
e.
f. Section 21298 (Improved Non-Industrial Disability Allowance) for lo
miscellaneous members only.
Sections 21380-21387 (1959 Survivor Benefits) including Section 2138:
(Increased 1959 Survivor Benefits) for local miscellaneous members only.
h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 197(
Public Agency, in accordance with Government Code Section 20740, ceased to be
"employer" for purposes of Section 20759 effective on August 18, 1977. Accumula
contributions of Public Agency shall be fixed and determined as provided in Governm
Code Section 20759, and accumulated contributions thereafter shall be held by the Bo
as provided in Government Code Section 20759.
Public Agency shall contribute to said Retirement System the contributions determi
by actuarial valuations of prior and future service liability with respect to 11
rniscellmwus members and local safety members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
g.
8.
9.
10.
A reasonable amount, as fixed by the Board, payable in one installment wi
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 spi
valuations or of the periodic investigation and valuations required by law.
e 0
b. A reasonable amount, as fixed by the Board, payable in one installment as thc
occasions arise, to cover the costs of special valuations on account of employee!
off Public Agency, and costs of the periodic investigation and valuations requirec
by law.
11. Contributions required of Public Agency and its employees shall be subject to adjustmer
by Board on account of amendments to the Public Employees’ Retirement Law, and o
account of the experience under the Retirement System as determined by the periodi
investigation and valuation required by said Retirement Law.
Contributions required of Public Agency and its employees shall be paid by Publi
Agency to the Retirement System within fifteen days after the end of the period to whic
said contributions refer or as may be prescribed by Board regulation. If more or le$
than the correct amount of contributions is paid for any period, proper adjustment sha
be made in connection with subsequent remittances. Adjustments on account of err0
in contributions required of any employee may be made by direct payments between tl
employee and the Board.
12.
B. This amendment shall be effective on the day of 9 19-2
BOARD OF AD
PUBLIC EMPLOY TIREMENT SYSTEM
os
BY % BY +g& + 2$
CHIEF, CONTRACT SER$C@S DIVISION Presiding Offid%
PUBLIC EMPLOYEES’ RETI%,MENT SYSTEM %
%
!’$
i5 Witness Date % %
/p
0 Attest: /%% %
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)