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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. bs 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 Ill Ill Ill Ill Ill 111 Ill Ill 4~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 w 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