HomeMy WebLinkAbout1996-04-23; City Council; 13620; ADOPTION OF ORDINANCE NO. NS-353- AMENDMENT TO PERS CONTRACTQ &$
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CITY ATTY - AMENDMENT TO PERS CONTRACT MTG. -- DEPT. cw CITY MGR. -
ADOPTION OF ORDINANCE NO. NS-353
RECOMMENDED ACTION!
Adopt Ordinance No, NS-353, authorizing an amendment to the contract with the Board of
Administration of the California Public Employees’ Retirement System for Fire Prevention
Officer I, 11 and 111.
ITEM EXPLANATION
Ordinance No. NS-353 was introduced at the regular City Council meeting of April 2, 1996.
PERS requires that there be a 20-day waiting period prior to adoption of the final ordinance.
That 20-day period was concluded on April 22nd, and the Ordinance may now be adopted.
Once adopted, the Ordinance will be effective 30 days from the date adoption. The City
Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,578 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-3 53.
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ORDINANCE NO. NS 353
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 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 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. I
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 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,
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of APRIL , 1996,
and therefore
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City of Carlsbad, California, on the 23rd day of
APRIL , 1996, by the following vote, to wit:
AYES: Council Members Lewi
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
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ANZ, City Clerk
(SEAL) KAREN R. KUNDTZ, Assistant City Clerk
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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 Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective January I, 1956, and witnessed December 23, 1955, and as amended effective
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977, June
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16, 1990,
July 3, 1992, November 3, 1993 and June 30, 1995, which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 30,
1995, and hereby replaced by the following paragraphs numbered 1 through 13 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.
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 election of a contracting agency and are not provided for herein and to
all amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
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.
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 local
‘
miscellaneous members).
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:
a. SENIOR INSTRUCTOWLIFEGUARD HIRED AFTER NOVEMBER 3, 1993.
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5. This contract shall be a continuation of the contract of the Carlsbad Municipal Water
District, hereinafter referred to as "Former Agency". The accumulated contributions,
assets and liability for prior and current service under the Former Agency's contract shall
be merged pursuant to Section 20508 of the Government Code. Such merger occurred
February 17, 1992.
6. The percentage of final compensation to be provided for local miscellaneous members for eacR year of credited prior and current service shall be determined in accordance with
Section 21251.13 of said Retirement Law, subject to the reduction provided therein for
service on and after June 1, 1958, the effective date of Social Security coverage, and
prior to December 31, 1980, termination of Social Security, for members whose service
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 and
current service as a local safety member shall be determined in accordance with Section
21362 of said Retirement Law (2% at age 50 Full).
Public Agency elected and elects to be subject to the following optional provisions:
a.
b.
7.
8.
Sections 2 1624, 2 1626 and 2 1628 (Post-Retirement Survivor Allowance).
Section 20424 ("Local Police Officer" shall include employees of a police
duties on August 4, 1972 and who elected to be local safety members).
Section 20965 (Credit for Unused Sick Leave).
Section 20042 (One-Year Final Compensation).
department who were employed to perform identification or communication
C.
d.
e. Section 2 1427 (Improved Non-Industrial Disability Allowance) for local
miscellaneous members only.
Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
Section 21573 (Third Level of 1959 Survivor Benefits).
Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits).
Section 20434 ("Local Fire Fighter" shall include any officer or employee of a
hazardous materials, emergency medical services, or fire or arson investigation
services as described in Government Code Section 20434).
f.
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h.
1. fire department employed to perform firefighting, fire prevention, Kre training,
9. Public Agency, in accordance with Government Code Section 20790, ceased to be an
"employer" for purposes of Section 20834 effective on August 18, 1977. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20834, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20834.
Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
10.
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11. Public Agency shall also contribute to said Retirement System as follows:
a. Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21573 of said
Retirement Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous members
and local safety members.
A reasonable amount, as fixed by the Board, payable in one installment 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.
A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
b.
C.
12. 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.
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 correct amount of contributions is paid for any period, proper 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.
13.
B. This amendment shall be effective on the day of ,19-.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BY
DIVISION CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
April 30, 1996
Witness Date
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AMENDMENT istant City Clerk PEW-CON-702A (Rev. 1/96)
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CALIFORNIA PUBLic EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(91 6) 326-3420
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
of the I hereby certify that the City Council
(governing body)
(public agency)
City of Carlsbad
adopted on Apr i 1 2 3 9 I 9 9 6 , by an affirmative vote of a majority of the members of said
Governing Body, Ordinance No. NS - 3 5 3 approving the
attached contractual agreement between the Governing Body of said Agency and the Board of
Administration of the California Public Employees' Retirement System, a certified copy of said
(date)
(OrdinanceResoIution)
Ordinance No. NS - 3 5 3
(Ordinance or Resolution)
in the form furnished by said Board of Administration
being attached hereto.
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tqnt City C,lerk
>) City Clerk
Title
Date April 30, 1996
PERS-CON-5 (Rev 1/96)