HomeMy WebLinkAbout1996-11-12; City Council; 13898; ADOPTION OF ORDINANCE NO. NS-383-AMENDMENT TO PERS CONTRACT FOR LOCAL MISCELLANEOUS MEMBERSY OF CARLSBAD - A
ADOPTION OF ORDINANCE NO. NS-383 -
AMENDMENT TO PEW CONTRACT FOR
LOCAL MISCELLANEOUS MEMBERS
Adopt Ordinance No. NS-383 authorizing an amendment to the contract with the Board of
Administration of the California Public Employees’ Retirement System €01 \oca\
dscellaneous members.
Ordinance No. NS-383 was introduced at the regular City Council meeting of October 22,
1996. The second reading allows Council to adopt the ordinance which would then become
effective in thirty days. The City Clerk will have the ordinance published within fifteen days,
FISCAL IMPACT
See Agenda Bill No. 13,867 on file with the City Clerk.
1. Ordinance No. NS-383.
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ORDINANCE NO. NS-383
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
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The City Council of the City of Carlsbad does ordain as follows:
SECTION 1. That an amendment to the contract between the City Council of the
City of Carlsbad and the Board of Administration, California Public Employees’
Retirement System is hereby authorized, a copy of said amendment marked “Exhibit A”
to Resolution No. 96-353
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 North County Times, 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 -. 22nd day of
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OCTOBER , 1996, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of
Carlsbad, California, on the - 12th day of
vote, to wit:
November , 1996, by the following
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Nygaard, Hall and Finnila
ATTEST:
1 o& ALETHA L. RAUT
(SEAL)
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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 1, 1956, and witnessed December 23, 1955, ad 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, June 30,1995 and June 3,1996, 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 3,
1996, 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 55 for local
miscellaneous members and age 50 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System fiom
and after January 1, 1956 making its employees as hereinafter provided, members of
said System subject to a11 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.
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).
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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 INSTRUCTORLIFEGUARD HIRED AFTER NOVEMBER
3,1993.
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.
The percentage of final compensation to be provided for local miscellaneous
members for each year of credited prior and current service shall be determined in
accordance with Section 21354 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 3 1, 1980, termination of Social Security,
for members whose service has been included in Federal Social Security (2% at 55
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 21 362 of said Retirement Law (2% at age 50 Full).
Public Agency elected and elects to be subject to the following optional provisions:
a.
b.
6.
7.
8.
'
Sections 2 1 624,2 1626 and 2 1628 (Post-Retirement Survivor Allowance).
Section 20425 ("Local Police Officer" shall include employees of a police
department who were employed to perform identification or communication
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).
Section 2 1427 (Improved Non-Industrial Disability Allowance) for local
miscellaneous members only.
Section 2 1024 (Military Service Credit as Public Service), Statutes of 1976.
Section 21573 (Third Level of 1959 Survivor Benefits).
Section 21 583 (Second Opportunity to Elect 1959 Survivor Benefits).
C.
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1. Section 20434 ("Local Fire Fighter" shall include any officer or employee of
a fire department employed to perform firefighting, fire prevention, fire
training, hazardous materials, emergency medical services, or fire or arson
investigation services as described in Government Code Section 20434).
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
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.
Public Agency shall also contribute to said Retirement System as follows:
a.
provided in Government Code Section 20834, and accumulated contributions
10.
1 1.
Public Agency shall contribute $1.50 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
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.
account, based on term insurance rates, for survivors of all local
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.
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13. 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.
B.
BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
This amendment shall be effective on the IS day of S&?UUY , 1997.
W
OF THE
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
IS -- Mayor
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Witkess Date
Attest:
Clerk %!A REN~. criu:mj%
Assistant City Clerk
AMENDMENT
PERS-CON-7O2A (Rev 8\96)