HomeMy WebLinkAbout1993-10-05; City Council; 12423; ADOPTION OF ORDINANCE NO. NS-258| AMENDMENT TO PERS CONTRACT FOR SENIOR INSTRUCTOR/LIFEGUARDADOPTION OF ORDINANCE NO. NS-258 -
Adopt Ordinance No. NS-258, amending the Public Employees' Retirement Systei
(PERS) contract to exclude the Senior Instructor/Lifeguard positions from mandatoi
PEES membership.
ITEM EXPLANATION
Ordinance No. NS-258 was introduced and first read at a regular City Council meetir
on September 14, 1993. After waiting twenty (20) days, as required by PEW, tl
ordinance is being returned to Council for the second reading. The second rea&
allows Council to adopt the ordinance which would then become effective in thirty daq
The City Clerk will have the ordinance published in the "Carlsbad Sun'' within fiftec
FISCAL IMPACP
See Agenda Bill No. 12,394 on file with the City Clerk.
1. Ordinance No. NS-258.
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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
T SYSTEM.
The City Council of the City of Carlsbad does ordain as follows:
SFCTION 1. That an amendment to the contract between City Council of the City c
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 7 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 & 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 samt
shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
held on the f4th day of SEPTEMBER, 1993, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of
Carlsbad, California, on the 5th day of OCTOBER, 1993, by the following vote,
to wit:
AYES: Council Members Lewis , Stanton, Kulchin, Finnila
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
(SEAL)
WSE w yJpjiGi4 'WlBIT ONLY w
3.
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 Bo,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entt
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, April 1, 1975, August 18, 1977,l
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16, l!
and July 3, 1992, which provides for participation of Public Agency in said System, Board and Pu
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Jul
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' 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 agi
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 ar
all amendments to said Law hereafter enacted except those, which by express provir
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
2.
3.
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said Retin
Law, the following classes of employees shall not become members of said Retirt
System:
a. SENIOR INSTRUCTOWLIFEGUARD HIRED AFTER THE
EFFECTIVE DATE OF THE AMENDMENT TO CONTRACT.
a PEASE Do X,QT S/CN ''a m$YC' .
5. The percentage of final compensation to be provided for local miscellaneous members
each year of credited prior and current service shall be determined in accordance v
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, i
prior to December 31, 1980, termination of Social Security, for members whose sen
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 i
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 communica
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 213;
(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).
C.
d.
e.
f. Section 2 1298 (Improved Non-Industrial Disability Allowance) for 1
miscellaneous members only.
Sections 21380-21387 (1959 Survivor Benefits) including Section 213
(Increased 1959 Survivor Benefits) for local miscellaneous members only.
h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 19
Public Agency, in accordance with Government Code Section 20740, ceased to b
"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 contributions thereafter shall be held by the E
as provided in Government Code Section 20759.
Public Agency shall contribute to said Retirement System the contributions detern
by actuarial valuations of prior and future service liability with respect to
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 installment v
60 days of date of contract to cover the costs of administering said Systerr
affects the employees of Public Agency, not including the costs of SI
valuations or of the periodic investigation and valuations required by law.
Q 1) .'
.
b. 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 emplo:
of Public Agency, and costs of the periodic investigation and valuations requ
by law.
11. Contributions required of Public Agency and its employees shall be subject to adjustr
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 peri
investigation and valuation required by said Retirement Law.
Contributions required of Public Agency and its employees shall be paid by PI
Agency to the Retirement System within fifteen days after the end of the period to w
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
be made in connection with subsequent remittances. Adjustments on account of el
in contributions required of any employee may be made by direct payments betweei
employee and the Board.
12.
B. This amendment shall be effective on the day of , 19-
PUBLIC EMPLO TIREMENT SYSTEM c1TY OF THE cov BOARD OF AD
CITY OF CA*SBAD 53
BY "9., BY &
."; $jj
CHIEF, CONTRACT SERP@ES DIVISION Presiding 0ffi"Cki.
PUBLIC EMPLOYEES' RETI&,MENT SYSTEM $
%
Q 5
Witness Date 6 % 0
/p
0 Attest: %b
%b
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
I e =PERS IoILICoIIIIa
ply to Section 220
blic Agency Contract Services
ntract Services Division
Contract Services Division P.O. Box 942709
Sacramento, CA 94229-2709
(91 6) 326-3240 (Telecommunications
Device for the Deaf)
(91 6) 326-3420
October 6, 1993
Ms. Harriet E. Gerza
Employment Services Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Dear Ms. Gerza:
We have received the Resolution of Intention to amend your PERS contract to add the exclusj
"SENIOR INSTRUGTOR/LIFEGUARD" hired after the effective date of the amendment to cot
Enclosed are the following documents:
1. Amendment to Contract.
2.
Your agency adopted the Resolution of Intention on September 14, 1993, therefore, the earliest ds
final Ordinance may have been adopted was October 4, 1993 , pursuant to Government Code S
20460. THERE ARE NO EXCEPTIONS TO THIS LAW.
The effective date of this amendment may be as early as the day following the effective date
Ordinance. Please insert the effective date on the last page of the Amendment to Contract.
The following documents must be returned to this office. ORIGINAL SIGNATURES ARE REQU
ON ALL DOCUMENTS.
1.
2.
* 3.
Certification of Final Action of Governing Body (Form CON-5).
Amendment to Contract, two original executed sets.
Ordinance, original or certified copy.
Certification of Final Action of Governing Body (CON-5), original.
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
e 0 I)
A copy of the contract will be returned €or your records after it has been executed by PERS.
Please contact me at (916) 326-3625 if you have any questions.
Sincerely , & ;k!L$r
Ellie Wright
Retirement Specialist I1
Public Agency Contract Services
EW:de
Enclosures
cc: San Diego Field Office
Employer Services Unit
Field Services Division