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HomeMy WebLinkAboutBoard of Administration - California Public Employees' Retirement System; 1955-12-23;RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF CARLSBAD WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves 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 approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To replace the existing exclusions of "Senior Instructor/Lifeguard Hired After November 3, 1993," and to provide for the exclusions of Aquatics Instructor, Aquatics Program Instructor, lifeguard, and Senior Aquatics Instructor/lifeguard Hired After November 3, 1993. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: 1?f::�IU/ Presiding Officer Mayor Title July 19, 2022 Date adopted and approved Item #9 Page S of 13 A CalPERS California Public Employees' Retirement System -----=•---- Exhibit 1 to Attachment A AMENDMENTTOCONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Carlsbad ----,•-----.-:: The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 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, June 30, 1995, June 3, 1996, January 1, 1997, June 14, 1997, June 25, 2001 , December 22, 2003, December 20, 2004, October 4, 2010, and November 27, 2011 , which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective November 27, 2011 , and hereby replaced by the following paragraphs numbered 1 through 19 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. "Nonnal retirement age" shall mean age 60 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members and age 57 for new local safety members. July 19, 2022 Item #9 Page 6 of 13 2. 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. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. 4. 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: July 19, 2022 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 local miscellaneous members). Item #9 Page 7 of 13 5. 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. AQUATICS INSTRUCTOR, AQUATICS PROGRAM INSTRUCTOR, LIFEGUARD, AND SENIOR AQUATICS INSTRUCTOR/LIFEGUARD HIRED AFTER NOVEMBER 3, 1993. 6. 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. 7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after December 20, 2004, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reductlon 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 age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and currenf service for classic local miscellaneous members in employment on or after December 20, 2004, and not entering membership for the first time in the miscellaneous classification after November 27, 2011, shall be determined in accordance with Section 21354.3 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 {3% at age 60 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after November 27, 2011, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 10, The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full). July 19, 2022 ltem #9 Page 8 of 13 11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to October 4, 2010, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after October 4, 2010, shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25{d) of said Retirement Law (2.7% at age 57 Full). 14. Public Agency elected and elects to be subject to the following optional provisions: July 19, 2022 a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation) for those classic local safety members entering membership on or prior to October 4, 2010, and those classic local miscellaneous members entering membership on or prior to November 27, 2011 . e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credrt as Public Service). g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. h. Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits). Item #9 Page 9 of 13 i. 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). j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. k. Section 20475 (Different Level of Benefits): Section 21362 (2% @ 50 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to classic local safety members entering membership for the first time with this agency in the safety classification after October 4, 2010. Section 21353 (2% @ 60 Full formula) and Section 20037 (Three- Year Final Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after November 27, 2011. 15. 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 PublicAgency shall be fD<ed 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. 16. 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. 17. Public Agency shall also contribute to said Retirement System as follows: July 19, 2022 a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subjectto 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 police members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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 fire members. Item #9 Page 10 of13 ·' . . .. B. c. 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. d. 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. 18. 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. 19. 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. This amendment shall he effective on the 1 ,.. day of Oe-to b :t,.v BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM ~ BY . . • ME- PENSION CONTRACTS AND PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT Ca!PERS ID #3747905882 PERS-CON-702A CITY OF CARLSBAD BY ~· PRESIDIN~Of.'.FICER Witness~ ate Attest: Clerk A ~312 NOV -7 PM f : 23 Ca.JfERS California Public Employees' Retirement System --::::oamia,-•----=:11===---= AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City council City of Carlsbad ----•-=====;;;;;;;;;;;;;: The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 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, June 30, 1995, June 3, 1996, January 1, 1997, June 14, 1997, June 25, 2001, December 22, 2003, December 20, 2004 and October 4, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragr~phs 1 through 16 are hereby stricken from said contract as executed effective October 4, 2010, and hereby replaced by the following paragraphs numbered 1 through 17 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. 0 Public Agency shall participate in the Public Employees' Reti_rement 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. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including bu_t not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this . Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. .... ~ . .... ~ r-1• ~ ... ! ...ii; '"""'. ,cz;, ..... ,, ~-I• ,..,h vi• ~·-' \wl•l ~ ... 4. 5. 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. 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 local miscellaneous members). 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 INSTRUCTOR/LIFEGUARD HIRED AFTER NOVEMBER 3, 1993. 6. This contract shall be a continuation of the contraGt of the Carlsbad Municipal Water District,-hereinafter referred to as "Former Agency1'. The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall ~e merged pursuant to Section 20508 of the Government Code. Such merger occurred February 17, 1992. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after December 20, 2004 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 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after December 20, 2004 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354.3 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 (3% at age 60 Full and Modified). ..... , . ... ,. .... ,.g_ ·..1•1 :-... t ~ 11. 12. C The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in the safety classification on or prior to October 4, 2010 shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). The percentage of final compensation to be provided for each year of credited current service as a local safety member entering membership for the first time in the safety classification after October 4, 2010 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. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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 memhers). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation) for those local safety members entering membership on or prior to October 4, 2010 and those local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service). g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. h. Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits). i. j. C C 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). Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. • k. Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full formula) and Section 20037 (Three-Year Final Compensation} are applicable to local safety members entering membership for the first time in the safety classification after October 4, 2010. Section 21353 (2% @ 60 Full formula) and Section 20037 (Three- Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract 13. 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. 14. 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. 15. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of 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 police members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 2157 4 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 fire members. ... ,. ...... 8. C. d. 0 C 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. 16. 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. 17. Contributions required of Public Agency and its employees sha.11 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. This amendment shall be effective on the ~ 7 ~day of tJa\ JQJY)t12,C , 20 l l . BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY -~A>= ~ •ffec:. DARRYL~SON, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ID# 3747905882 PERS.CON-702A GITY OF CARLSBAD ~~EM4 Witness Date Attest: r C A CalPERS California Public Employees' Retirement System --==♦~;;;;;;aa;;;---- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Carlsbad ----•---=-;;;;ia;=a-- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered Into a contract effective January 1, 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, 19TT, 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, June 3, 1996, • January 1, 1997, June 14, 1997, June 25, 2001, December 22, 2003, and December 20, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective Oecember 20, 2004, and hereby replaced by the following paragraphs numbered 1 through 16 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. C 2. 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. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and ~mployees, the CalPERS Board of Administration, and the California Public Employees' Retirement Frt1r.1d from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under • the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits. provisions or formulas that are different than existing retirement benefits. provisions or formulas. { c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits. provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 ( commencing with section 901 ), of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Actministration pursuant to section 365, of Trtle 11, of the United States Bankruptcy Code or any similar provision of law. ( e} Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administratio·n. {f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. C (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. 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. 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 local miscellaneous members). p. 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 INSTRUCTOR / LIFEGUARD HIRED AFTER NOVEMBER 3, 1993. 6. 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. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after December 20, 2004 shall be determined in accordance with Section 21354 of said Retir~ment 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 age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after December 20, 2004 shall be determined in accordance with Section 21354.3 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 (3% at age 60 Full and Modified). (' ( 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership In the safety classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law {3% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local safety member entering membership for the first time In the safety classification after the effective date of this amendment to contract shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation) for local miscellaneous members and those local safety members entering membership in the safety classification on or prior to the effective date of this amendment to contract. e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service ·credit as Public Service). g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. h. Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits). i. 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 ). j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. C k. Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full fonnula) and Section 20037 (Three-Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 12. 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. 13. 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. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contril:)utions req~Jired per covered member on account of the 1958 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 police members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 2157 4 of said Retirement Law. (Subject to annual ch~nge.) 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 fire members. c. A reasonable amount, as fixed by the Board, payable in one installment within ~O 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. d. 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. <.. C C 15. 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. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System withil) 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. This amendment shall be effective on the ':½~ day of O~-rok>-ec ,20lQ. BOARD OF ADMINISTRATION L PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY~:::::.;;::::::::~~~~=:....-=:::...:::.._ __ _ LORI IEF EMP !VISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0338 PERS-CON•702A Attest: Cl I 6 0 A 200½ .~PR 2 I Pt: 1 11 : 00 CalPERS DDC -1 California Public Employees' Retirement System ----•---- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Carlsbad ----•---- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 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, June 30, 1995, June 3, 1996, January 1, 1997, June 14, 1997, June 25, 2001 and December 22, 2003 which providrf for participation of Public Agency in said System, Board and Public Agency here~y) agree as follows: f '.0 A. Paragraphs 1 through 13 are hereby stricken from said contract as execut~E effective December 22, 2003, and hereby replaced by the following paragrap~l) numbered 1 through 14 inclusive: 1.0 ro All words and terms used herein which are defined in the Publil) Employees' Retirement Law shall have the meaning as defined thereiilJ unless otherwise specifically pro'lided. "Normal retirement age" sh+.G 1. mean age 60 for local miscellaneous members and age 50 for local safitt[. members. c _j C C 2. 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. 3. 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. 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 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 INSTRUCTOR/LIFEGUARD 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 Secti_P.t1 20508 of the Government Code. Such merger occurred February 1 b 1992. __ ro 6. The percentage of final compensation to be provided for each year:~ • credited prior and current service for local miscellaneous members t!l!) employment before and not on or after the effective date of t~i(l amendment to contract shall be determined in accordance with SectiP,I[) 21354 of said Retirement Law, subject to the reduction provided thereii[) for service on and after June 1, 1958, the effective date of Social Secun' coverage, and prior to December 31, 1980, termination of Social Securi • for members whose service has been included in Federal Social Secu~ (2% at age 55 Full and Modified). 1 6 C 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.3 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 Decemb~r 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (3% at age 60 Full and Modified). 8. 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 21362.2 of said Retirement Law (3% at age 50 Full). · 9. Public Agency elected and elects to be subject to the following optional provisions: a. b. C. d. e. f. g. h. Sections 21624, 21626 and 21628 (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 21427 (Improved Nonindustrial Disability Allowance) f<Jf local miscellaneous members only. 1 :3 Section 21024 (Military Service Credit as Public Service), Statu\~ of 1976. · • (Q · 1:D Section 21573 (Third Level of 1959 Survivor Benefits) for lo~ miscellaneous members and local police members only. : :8 Section 21583 (Second Opportunity to _ Elect 1959 Survi\jo8 l"lfi Benefits). ,~:iu ,,14 I~ .C 0 i. Section 20434 {"Local Fire Fighter" shall include any officer or employee of a fire department employed to perform fire.fighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Government Code Section 20434 ). j. Section 21574 {Fourth Level of 1959 Survivor Benefits) for local fire members only. 10. 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. 11 . 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. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. {Subject to annual change.) In addition, all asset~ 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 police members. b. Contributions required per covered member on account of the 195.9 Survivor Benefits provided under Section 21574 of said Retiremef,. Law. (Subject to annual change.) In addition, all assets ap ·) liabilities of Public Agency and its employees shall be pooled i!1( =. single account, based on term insurance rates, for survivors of p local fire members. t D t [) c. A reasonable amount, as fixed by the Board, payable in o{l() installment within 60 days of date of contract to cover the costs (q) administering said System as it affects the employees of Pubti~ Agency, not including the costs of special valuations or of thll periodic investigation and valuations required by law. , ;p.f ,:n a B. d. 0 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. 13. 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. 14. Contributions required of P~ublic 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 ~ccount of errors in contributions required of any employee may be made by direct payments be~een the employee and the Board. This amendment shall be effective on the 20th day of _D_ec_e_mb_e_r __ _, _2_0_04_ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY..,c::,.~li¥--L.l-,J.J,,"4--"5:::l.:~£z!"'-~i1:1....--- KE AC •1_,,_ ..... L & EMPLOYER SER CES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 338 PERS-CON-702A (Rev. 8\02) 4 Witness Date ( C A CalPERS California Public Employees' Retireme_nt System ----•-=====-==--= AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council -City of Carlsbad -----•--;;;;;;;;;aa,1-- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amende_d 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, June 3, 1996, January 1, 1997, June 14, 1997 and June 25, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: 1 A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective June 25, 2001, 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. 11Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. C 0 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. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in eacti such class as are excluded by law or this 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 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 INSTRUCTOR/LIFEGUARD 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. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members 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 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. 8. 0 C The percentage of final compensation to be provided for each year of credited prior and current service as a local safely member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age SO Full). Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation). e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. g. Section 21573 (Third Level of 1959 Survivor Benefits) for focal miscellaneous members and local police members only. h. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). i. 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). j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. 9. 10. 0 C 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 ths 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. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of 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 police members. b. Contributions required per covered member on accou:it of the 1959 Survivor Benefits provided under Section 21574 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,m1scellaneous members and local fire members. ·;· r .. ::___ -'\ c. 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. d. 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. 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. B. ( .( 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. This amendment shall be effective on the 22nd day of December BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY_µ...,.....b~:::S..-1-!..:~~~:..J...tJ1::::i=ob-~:....-- KENN T ACTU L EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0338 PERS-CON-702A (Rev. 8\02) Witness Date Attest: ,.. A CalPERS California Public Employees' Retirement System ----•-===-z-- AMEND MENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Carlsbad ------•---= ........ - The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 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, Novem!Jer 16, 1990, July 3, 1992, November 3, 1993, June 30, 1995, June 3, 1996, January 7, 1997 and June 14, 1997 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 14, 1997, and hereby replac;ed by the following paragraphs numbered 1 through 14 inclusive: 1. All wofds 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 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. . . . 3. C C 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. 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 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 INSTRUCTOR/LIFEGUARD 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. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members 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 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). The required member contribution rate is 9% of reportable compensation. 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. C. d. e. C 0 Section 20425 ("Local Police Officer'' shall include employees of a police dep~rtment 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 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service}, Statutes of 1976. g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and lo_cal police members only. h • Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). i. 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). j. Section 21574 (Fourth Level of 1959 Survivor Benefits} for local fire members only. 10. Public Agency, in accordance with Government Code Section 20790, ceased·to be an "employer'' for purpos~s 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. 11. 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. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of 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 police members. B. b. c. C n Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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 fire 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. d. 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. 13. 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. 14. Contributions required of Public Agency and its employees shall be paiq 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 iff contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be effective on the 25th day of_J_u_n_e ___ _, 2901 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY-4-~...:::¥.~LI.Ldl4l-a....;LU114-.a,_----l..,o,--- KE , P AC YER SERVI S DIVISION PUBLI LOYEES' RETIREMENT SYSTEM AMENDMENT PERS.CON-702A (Rev. 8\96) Wit~dte L I I C AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OFTHE .PUBLIC EMPLOYEES' RETIREMENT SYSTEM ANDTHE CITY COUNCIL OFTHE 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 referr~d to as Public Agency, having entered into a contract effective January 1, 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, June 30, 1995, June 3, 1996 and January 1, 1997, which provides for participation of PubJic Agency in said System, Board and Public Agency hereby agree as foJlows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective January l, 1997, 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 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. 3. 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. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); i = U'I 4. 0 C c. Employees other than local safety members (herein referred to as local miscellaneous members). 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 INSTRUCTOR/LIFEGUARD 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. 6. 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 I, 195 8, 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 55 Full and Modified). 7. 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). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation). e. Section 21427 (Improved Non-Industrial Disability Allowance) for local miscellaneous members only. f. g. h. i. 0 C Section 21024 (Military Service Credit as Public Service), Statutes of 1976. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). 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). J• Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. 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. l 0. 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. I l. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $1.50 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 police members. b. Per covered member, $8.50 per month, on account of the liability for the 1959 Survivor Benefits provided under Section 21574 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 tenn insurance rates, for survivors of all local fire members. B. C. d. C 0 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. 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. 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. This amendment shall be effective on the 14th day of_=-Ju::.:n=.:e=--------'' l 9_2L. BOARD OF ADMINISTRATION CITY COUNCIL OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY JC HTL,..,1 ... '--AJ BY w mA _.... ~ KENNEHW.MARZION, CHIEF~~ P ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT PERS-CON-702A (Rev. 4/97)) June 51 1997 Witness Date Attest: J)J,-tb,, ~-.!ih ;;t;;;, .. ,., ALETHA L. ~UTENKRANZ, CMC City Clerk C AGREEMENT TO POOL C 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OFTHE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OFTHE CITY OF CARLSBAD WHEREAS, Government Code Section 21382.5 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21382.5, requires pooling of all assets and liabilities of • all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Carlsbad and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21382.5. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITYO~ BY ~bv~~.,,. ,-KENNE HW.loN, CHIEF P ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-59 (Rev. 7/96) Date __ A.._pr_i_· 1_2_3.-!,._1-'-9-'-97 ___ _ ? AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OFTHE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OFTHE 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, and as amended effective July I, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977, June 21, 1980, January I, 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 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. 3. 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 LocaJ 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 local miscellaneous members). 4. 5. 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 INSTRUCTOR/LIFEGUARD HIRED AFTER NOVEMBER 3, 1993. 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 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 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at 55 Full and Modified). 7. 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). 8. Public Agency elected and elects to be subje_ct to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation). e. Section 21427 (lmproved Non-Industrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service), Statutes ofl 976. g. Section 21573 (Third Level of 1959 Survivor Benefits). b. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). 9. C C i. Section 20434 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perfonn firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Government Code Section 20434). 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. 10. 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. 11. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $1.50 per member, per month on accoW1t of the liability for the 1959 Survivor Benefits provided under Section 215 73 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 tenn insurance rates, for survivors of all local miscellaneous members and local safety members. b. 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. c. 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. 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. C C 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. l sT B. This amendment shall be effective on the ;,,-day of ;::fa.,,n.()a....Y !j , 19 '17. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE AMENDMENT PERS-CON-702A (Rev. 81,96) CITY F VQl..l'-Lt/!11 Attest: r AMENDMENT TO CONTRACT BETWEEN TifE BOARD OF ADMINISTRATION OFTHE 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, 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 tenns 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. 2. 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 ?f a contracting agency. 3. 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. 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 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 INSTRUCTOR/LIFEGUARD HIRED AFfER NOVEMBER 3, 1993. 5. 6. C 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 Fonner 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 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 bas been included in Federal Social Security (2 % at 60 Full and Modified). 7. 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). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). 6 b. Section 2042~ ("Local Police Officer" shall include employees of a police department who were employed to perfonn identification or communication duties on August 4, 1972 and who elected to be local safety members). c. Section 20965 (Credit for Unused Sick Leave). d. Section 20042 (One-Year Final Compensation). e. Section 21427 (Improved Non-Industrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. g. Section 21573 (Third Level of 1959 Survivor Benefits). h. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). i. Section 20434 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perform firefighting, fire prevention. fire training, haurdous 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 provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834, 10. 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. = Co) .... U"I I ' 11. C 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. b. 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. c. 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. 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. 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. This amendment shall be effective on tbe3 JttL day of -~ , 19 Cf tf,. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY . ~~//4/~~<+== DIVISION CHIEF . ACTUARIAL & EMPLOYER SERVICES DMSION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT PERS-CON-702A (Rev. 1/96) CITY COUNCIL 0 C April 301 1996 Witness Date Attest: City Clerk f . C AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE C 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, 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 and November 3, 1993, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 3, 1993, 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 specificaUy provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. 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 al) amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the e]ection of a contracting agency. 3. 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. 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 ]ocal 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 INSTRUCTOR/LIFEGUARD IIlRED AFTER NOVEMBER 3, 1993. 5. 6. C This contract shall be a continuation of the contract of the Carlsbad Municipal Water District, hereinafter referred to as "Former Agency". The accwnulated contributions, assets and liability for prior and current service under the Fonner Agency's contract shall be merged pursuant to Section 20567 .1 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 detennined 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, tennination of Social Security, for members whose service has been included in Federal Social Security (2 % at 60 Full and Modified). 7. 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 21252.01 of said Retirement Law (2 % at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("Local Police Officer" shall include employees of a police departtnent who were employed to perform identification or communication duties on ·August 4, 1972 and who elected to be local safety members). c. Section 20862.8 (Credit for Unused Sick Leave). d. Section 20024.2 (One-Year Final Compensation). e. Section 21298 {Improved Non-Industrial Disability Allowance) for local miscellaneous members ooly. f. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. g. Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6 (commencing with Section 21380). h. Section 21388 (Second Opportunity to Elect 1959 Survivor Benefits). 9. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 18, 1977. Accwnulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System the contributions detennined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. ·'· B. 11. . -r C 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 21382.4 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 temt insurance rates, for survivors of all local miscellaneous members and local safety members. b. 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. c. 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. 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. 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. Adjusbnents on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be ·effective on the _3_0 __ day of __ ..,.J-=u=ne~----' 19 ~- BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY g/4e L'\, · CHIEF ACTUARY ACTUARIAL OFFICE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT PERS-CON-702A (Rev. 3/95) Witn sDate Attest: (!u,#4>-J~ Clerk Aletha L. Rautenkranz ... ( ( RESOLUTION NO. ___,:;_9.;;..;;02;;....._ __ AGREEMENT AUTHORIZING THE MERGER OF THE CONTRACTS OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AND THE BOARD OF DIRECTORS OFTHE CARLSBAD MUNICIPAL WATER DISTRICT WITH THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council of the City of Carlsbad and trye Board of Directors of the Carlsbad Municipal Water District entered Into contracts with the Board of Administration, Public Employees' Retirement System-' effective January 1, 1956 and March 1, 1963 respectively, providing for participation of their employees in said System; and WHEREAS, the Carlsbad Municipal Water District will not have any employees; and WHEREAS, the City of Carlsbad will assume functions of the District and employ all of the employees of the Carlsbad Municipal Water District; and WHEREAS, Section 20567 .1 of the Government Code authorizes a merger of contracts for participation in the Public Employees' Retirement System; and WHEREAS, The Public Employees' Retirement System has proposed an Agreement to be accepted and executed by the governing bodies of the aforementioned public agencies to provide for merger of the contract between the Board of Directors of the Carlsbad Municipal Water District and the Board of Administration, Public Employees' Retirement System, Into the contract between the City Council of the City of Qarlsbad and said Board; NOW, THEREFORE BE IT AGREED, that the governing bodies of the aforementioned public agencies authorize, and do hereby authorize, an Agreement between the City Council of the City of Carlsbad, the Board of Directors of the Carlsbad Municipal Water District, and the Board of Administration of the Public Employees' Retirement System to merge the contract between said Board and the Carlsbad Municipal Water District Into the contract between said Board and the City of Carlsbad as authorized by Section 20567.1 of the Government Code; and ( BE IT FURTHER AGREED, that the presiding officer of the governing body of each of the aforementioned contracting agencies is hereby authorized, empow~red, and directed to execute said Agrc;ement for and on behalf of th(: respective agency. Witness our hands this __ 7_t_h __ day of ___ J_u_n_e ________ , 19 95 . BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY ~ i-v' ;,# "'/'° _ CHI~TUARY ACTUARIAL OFFICE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY __ ---''------------Presiding Officer Attest: Clerk PERS-CON-39 (Rev. 3/95) CITY COU OF CI Attest: Mayor ~~-KAREN R.~U:: Assistant BOARD OF DIRECTORS OF THE CARS City Clerk BY-l..L.-:l;t.lL.IU.!~"-1,C.4""".......:~u.::~~- Presidmg Officer CLAUDE A. LEWIS , President Attest: Secretary .. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CERTIFICATION ( I, ALETHA L. RAUTENKRANZ, Secretary to the Board of Directors of the Carlsbad Municipal Water District, hereby certify that I have compared the foregoing copy of Resolution No. 902 ----------------------------------- -----------------------------------------------------------------with the --------------------------- original, which original is on file in the City Clerk's Office of the City of Carlsbad; that the same contains a true and correct transcript therefrom and of the whole thereof. WITNESS my hand and the seal of said Carlsbad Municipal Water District this 9th day of --------June 1995 ~ ~-eiA.7:/..~~ ALETHA L. RAUTENKRANZ, Secretary l (SEAL) ( ( RESOLUTION 95-146 ------- AGREEMENT AUTHORIZING THE RELEASE OF . 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE TlllRD LEVEL 1959 SURVIVOR BENEFIT POOL BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OFTHE CITY OF CARLSBAD WHEREAS, Government Code Section 21382.4 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21382.4, requires pooling of all assets and liabilities of all contracting agencies on account of benefits provided under Article 6, commencing with Section 21380; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Carlsbad and its covered employees, on account of the benefits provided under Article 6, commencing with Section 21380, shall be pooled pursuant to the provisions of Government Code Section 21382.4. • BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITYO BY~ CHIEFAARY ACTUARIAL OFFICE CLAUDE A. LEWIS, Mayor PUBLIC EMPLOYEES' RETIREMENT SYSTEM Date June 7, 1995 PERS-CON-59 (Rev. 3/95) STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO) ss. KAREN R. KUNDTZ, Assistant r I. / . Cit1 Clt•rk or tlw City of C:1.-l,lmd. Co1111ty of Sa11 l>it-go. Slat<• of Califomiu. lu-rd>~ c·1•rtily that I lia\'t' <1>111 pan·d tl11• fon•goin~ t·opy with tlw origimtl Resolution#95-146 pa~Sl'<I arid adopkd h~ ~aid Cit~ Co1111l'il. al a .. r.iag~J~r. ..... _ nwl'ti11g tlwn·of. at till' ti11w a11d hy till' voll-thl'l'dn ,tatt·<I. wliid1 origiual Resolution i~ 110w t111 filt· iu 111r ollit·l·: that 1111' s m11l' <·011h1i11~ a full. lnw ;11111 1·tirl'1'{'! tn111st·ript t]lt'n•fro111 anti of tht· whul<• tlll'n•ol', \\'i1111-.~s 111y lia11d am! till' !>t'al or .said City of Carlshad. I his .9th cl.1y of .. C AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OFTHE C PUBLIC EMPLOYEF.S' RETIREMENT SYSI'EM AND THE CITY COUNCIL OFTHE 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, and as amended effective July 1, 1957, January 1, 19S9, 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, and July 3, 1992, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 3, 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' 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 19S6 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. 3. 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. 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 ref erred 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 INSTRUCTOR/LIFEGUARD mRED AFI'ER TIIE EFFECTIVE DATE OF THE AMENDMENT TO CONTRACT. , ' s. 6. C 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 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 21252.01 of said Retirement Law (2% at age SO Full). 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("Local Po1ice 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). c. Section 20862.8 (Credit for Unused Sick Leave). d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. e. Section 20024.2 (One-Year Final Compensation). f. Section 21298 (Improved Non-Industrial Disability A1lowance) for local miscellaneous members only. g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local miscellaneous members only. h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an •employer" for purposes of Section 20759 effective on August 18, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. 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. Public Agency shall also contribute to said Retirement ~ystem as follows: a. 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. l 11. 0 C b. A reasonable amount, as fixed by the Board, payable in one instaUment 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. 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 detennined by the periodic investigation and valuation required by said Retirement Law. 12. 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 coru:iection 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. This amendment shall be effective on the 3rd day of_--=N..;;..0V..:...;EMB=--E_R ____ _,, 19-2,L. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY/JJ1a#€~0 A ~ ceIEF:o cES nrvts oN PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 10/92) CITY COUNCIL OF THE ~Iii~ October 14. 1993 Witness Date Attest: af:141!~ Clerk AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OFTHE PUBLIC EMPLOYEES' RETIREMENT SYSl'EM AND THE CITY COUNCIL OFTHE 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 l, 1956, and witnessed December 2\~f ?,??• and as amended effective July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975,..\Augusl 18, 1977, June 21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989 and November 16 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 16, 1990, 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' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Norma] retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. 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. 3. 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. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety membe~). c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. 5. C 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: NO ADDITIONAL EXCLUSIONS 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 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 bas been included in Federal Social Security (2% at 60 Full and Modified). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be detennined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). • 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("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 locaJ safety members). c. Section 20862.8 (Credit for Unused Sick Leave). d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. e. Section 20024.2 (One-Year Final Compensation). f. Section 21298 (Improved Non-Industrial Disability Allowance) for local miscellaneous members only. g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local miscellaneous members only. h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 8. • Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 18, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. B. 9. 10. ( 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. 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. b. 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. 11. 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. 12. 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. This amendment shall be effective on the --=-Ju. ...... l.,._~ ____ , 19~ day of BOARD OF ADMINISTRATION CITY COUNCIL OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ev/l11/~k~ CHIEF,CONTRACTSERVlcEsoiisioN PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 1/92) CITY B Mayor Attest: ~,~ Clerk ALETHA L. RAUTENKRANZ, City Clerk AMBHilMENT TO CON'l'RAC'l' BB'NBEN THE r: BOARD OP ADMINISTRATION OP THE PUBLIC EMPLOYEES' RB'l'IRBMER'l' SYS'lBM AND THE CITY COUNCIL OJ!' 'l'BE 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, and as amended effective July 1, 1957, January l, 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 and June 26, 1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs l through 11 are hereby stricken from said contract as executed effective June 26 , 1989, and hereby replaced by the following paragraphs numbered l through 12 inclusive: 1. All words and terms used herein which are defined in the Pubiic 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 SO for local safety members. 2. 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. 3. 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. Local Fire Fighters (herein referred to as local safety members); b. 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: NO ADDITIONAL EXCLUSIONS 5. 6. C The percentage of final compensation to be provided for local miscel- laneous members for each 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 f~nal 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 21252 .01 of said Retirement Law (2\ at age 50 Full). 7. Publ ic Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.l and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("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). c. Section 20B62.8 (Credit for Unused Sick Leave). d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. e. Section 20024.2 (One-Year Final Compensation). £. Section 21298 {Improved Non-Industrial Disability Allowance) for local miscellanous members only. g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local miscellaneous members only. h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976, for local police members only. 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 18, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. r 9. 10. ( C 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. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. b . A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 11. 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. 12. 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. This amendment shall be effective on the ___ ~_2_8_t_h_-__ f(p __ -+n ____ day of SeptemeeF Novernbee , 19~. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY /1M~k w~~ CHIEF, CONTRACT SERVICES DIVI~O PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT.) (Rev . 6/88) Witnm Date Attest : . . L AMENDMENT TO CONTRACT BE'J!WEEN THE BOARD OF ADMINISTRATION OF THE ( PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARSLBAD 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 l, 1956, and witnessed December 23, 1955, and as amended effective July l, 1957, January l, 1959, March 3, 1959, March 18, 1975, April 1, 1975, August 18, 1977, June 21, 1980, January l, 1981, June 21, 1982 and November 22, 1982, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows : A. Paragraphs l_ through 10 are hereby stricken from said contract as executed effective November 22, 1982, and hereby replaced by the following paragraphs numbered l through 11 inclusive: l. 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. 2. 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 contract- ing agency. 3. 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. 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 local miscellaneous members). -------- 4. s . ( C 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: NO ADDITIONAL EXCLUSIONS The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13, subject to the reduction provided therein for service on or after June 1, 1958 and prior to December 31, 1980 for members whose service has been included in Federal Social Security (2%@ 60 Full and Modified). 6. The fraction of final compensation to be prov ided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 7. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a . Sections 21263, 21263.l and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("Local Police Officer" shall include persons assigned to identification and communication duties in the Police Department who were not classified as local safety members and who were in such employment on or prior to August 4, 1972, and who elected to be local safety members within 60 days of the contract amendment dated March 18, 1975). c. Section 20862 .8 (Unused Sick Leave Credit). d. Sections 21380 -21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. e . Section 20024.2 (One-Year Final Compensation) for local miscellaneous members and local fire members only. f . Section 21298 (Increased Non-Industr ial Disability Allowance) for local miscellaneous members only. g . Sections 21380 -21387 (1959 Sur'vi vor Benefits) i ncluding Section 21382 .2 (Increased 1959 Survivor Benefits) for local miscellaneous members only. = = ~ V"I .. 8. 9. C Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer» for purposes of Section 20759 effective on August 18, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 8 .480 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (l) 0.029 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 20.010 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 10. 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. . I ll, r ' ( 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. 9. This •:x::mn :hall be eff:c~~ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RE'l'IREMENT SYSTEM the ---~~{p'--~---day of .. 4!!.4Uik ~ ~ SSISTANT EXECUrffVEOFFICER // PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT} (Rev. 6/88) Witness Date Attest: Clerk ) = = c...:, """ C ( AMENDMENT TO CONTRACT BETWEEN THE BOARD OF .ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1, 1956, 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 and June 21, 1982, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective June 21, 1982, and hereby replaced by the following paragraphs numbered 1 through 10 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 and age 50 for local safety members. 2. 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 such as by express provisions thereof apply only on the election of contracting agencies. 3. 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. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members), In addition to the classes of employees excluded from membership by s~id Retirement Law, the following classes of employees shall not become members of said Ret~re~ent System: es flt;! ~2 1 rt9 bH • NO ADDITIONAL EXCLUSIONS • h -~ C 4. 5. ( ( The fraction of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be that provided in Section 21251.13 subject to the reduction pr.ovided therein for service on or after June 1, 1958 and prior to December 31, 1980 for members whose service bas been included in Federal Social Security. The fraction 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 21252.01 of said Retirement Law {2% at age 50 Full). 6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: 7, a. Section 20952.5 (Age 50 voluntary retirement} for local safety members only. b. Sections 21263/21263.1 (Post-retirement survivor allowance}. c. Section 20020 ("Local Policemen" shall include persons assigned to identification and communication duties in the Police Depart-ment who are not now local safety members and who were in such employment on August 4, 1972, who elected safety membership within 60 days of the contract amendment dated March 18, 1975). d. Section 20862.8 (Unused sick leave credit), e. Sections 21380-21387, (1959 Survivors Program}, excluding Section 21382.2 (Increased 1959 Survivors benefits), for local safety members only. f, Section 20024.2 (One-year final compensation), for local miscellaneous members only. g. Section 21298 (Increased non-industrial disability allowance), for local miscellaneous members only. h. Sections 21380-21387; including Section 21382.2 (1959 Survivors Program with increased benefits), for local miscellaneous members only. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. f 9 btt ,BS -t1 ti • 8 . 9- 10. ( ( Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.006 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 12-495 percent on account of the liability for current service benefits. (2) 0.400 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said-Retirement System: (1) 0.039 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 24.513 percent on account of the liability for _~urrent service benefits. c. A reasonable amount per annum, as fixed by the Board 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. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 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 thirty 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, or adjustments on account of errors in contributions required of ·any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. QC.l S2 f f-8 bW .BS pt a ,HO C 0 ( ( B. This amendment shall be attached to said contract and shall be effective on the 22nd day of oet;aber:::2kt/~ , 1982• Witness our hands the /9ti day of ~ , 19fZ. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Officer App~oved as to form: CITY COUNCIL OF THE CITY OF CARLSBAD Attest: {!Jdkl~ C erk PERS CON-702 C ( C AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD The Board of Administration, Public Employees' Retirement System , herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1 , 1956, 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 and January 1, 1981, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective January 1, 1981 , and hereby replaced by the following paragraphs numbered 1 through 10 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 and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after Januacy 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 such as by express provisions thereof apply only on the election of contracting agencies. 3 . Enployees 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. Local Firemen (herein referred· to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 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: NO ADDITIONAL EXCLUSIONS .. 4- C The fraction of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be that provided in Section 21251.13 subject to the reduction provided therein for service on or after June 1, 1958 and prior to December 31, 1980 for members whose service has been included in Federal Social Security. The fraction 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 21252.01 of said Retirement Law (2% at age 50 Full). 6. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a . Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Sections 21263/21263.1 (Post-retirement survivor allowance). c. Section 20020 ("Local Policemen" shall include persons assigned to identification and communication duties in the Police Depart- ment who are not now local safety members and who were in such employment on August 4, 1972, who elected safety membership with- in 60 days of the contract amendment dated March 18, 1975). d. Section 20862.8 (Unused sick leave credit) for local miscellaneous members only. e. Sections 21380-21387, (1959 Survivors Program), excluding Section 21382.2 (Increased 1959 Survivors benefits) for local safety members only. f. Section 20024.2 (One-year final compensation) for local miscellaneous members only. g. Section 21298 (Increased non-industrial disability allowance) for lqcal miscellaneous members only. h. Sections 21380-21387; including Section 21382.2 (1959 Survivors Program with increased benefits) for local miscellaneous members only. 7 , Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code , and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. C 8. ( ( Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.032 percent until June 30, 2000 on account of the liability for prior service benefits.. (2) 13.040 percent on account of the liability for current service benefits. (3) 1.000 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.045 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 27.058 percent on account of the liability for current service benefits. (3) 0.500 percent on account of the liability for the 1959 Survivor Program. c. A reasonable amount per annum, as fixed by the Board 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. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 9. Contributions required of Public ~gency 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. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty 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, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. .. ' C C C B. This amendment shall be a~~hed to said contract and shall be effective on the 30:th-t>ZL~ day of June , 19..B..2· Witness our hands the ____ 1_6_t_h _____ day of __ A..._p_r_i_l ___ , 1982.. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Approved as to form: CITY COUNCIL OF THE CITY OF CARLSBAD Presiding Officer RONALD C. PACKARD, Mayor Attest: W:t~)Rr,~ Clerk ~ ALETHA L. RAUTENKRANZ PERS CON-702 = = ,f:/:' V, .( 0 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective Januacy 1, 1956 , and as amended effective July 1 , 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977 , and June 21, 1980, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows; A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective June 21, 1980, and hereby replaced by the following paragraphs numbered 1 through 10 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 and age 55 for local safety members. 2. 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 such as by express provisions thereof apply only on the election of contracting agencies. 3. 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. Local Firemen (herein referred to as local safety members); b, Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referr ed to as local miscellaneous members). In addition to the classes of empl oyees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS .r C ( The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be that provided in Section 21251 .13 subject to the reduction provided therein for service on or after June 1, 1958 and prior to December 31, 1980 for members whose service has been included in Federal Social Security. The fraction 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 21252 ,1 of said Retir ement Law (One-half pay at age 55). 6. The following additional provisions of the Public Employees • Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20952 -5 (Age 50 voluntary retirement) for local safety members only. b. Sections 21263/21263 .1 (Post-retirement survivor allowance). c. Section 20020 ("Local poli_cemen shall include persons who are employed to perform identification and communication duties in the Police Department who are not now local safety members and who were in such employment on August 4, 1972 and who elect safety membership within 60 days of the effective date of this amendment"). d. Section 20862.8 (Unused sick leave credit), for local miscel- laneous members. e. Sections 21380-21388 (1959 Survivors Program). f . Section 20024.2 (One-year final compensation), for local miscel- laneous members. g , Section 21298 (Increased non-industrial disability allowance), for local miscellaneous members. h. Section 21390 (Increased 1959 Survivors benefits), for local miscellaneous members. 7 , Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on August 18, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated. contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. • . ( 8 . ( ( Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.026 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 14 -151 percent on account of the liability for current service benefits. (3) 1.000 percent on account of the liability for the 1959 Survivor Program. b . With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.018 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 17.868 percent on account of the liability for current service benefits. (3) 0.500 percent on account of the liability for the 1959 Survivor Program. c. A reasonable amount per annum, as fixed by the Board 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. d, A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 9, 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. 10. Contributions r equired of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the per iod 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, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agent}y to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash, .. .( 0 ( ..... C 0 B. This amendment shall be attached to said the / ~ day of contract and shall be effective on q»,w C,Jc • , 19K./. Witness our hands the _____ __,_Jg:::;.._'f!, __ d{J,. of /1.otf-mhe..f L , 19~. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Approved as to form: CITY COUNCIL OF THE CITY OF CARLSBAD •Y K~c ~✓ Presiding Officer Attest: ~,~ Clerk PERS CON-702 I C 0 C ( AMENDMENT TO CONTRACT BETWEEN THE BOARD CF At:MINISTRATION PUBLIC Fl'1H..OYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CF THE CITY OF CARI.SBAD The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1, 1956, and as amended effective July 1, 1957, Jmua-y 1, 1959, March 5, 1959, March 18, 1975, Ai:ril 1, 1975, and August 18, 1977, which i:rovides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective April 1, 1975, arxl hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1. All ~rds and terms used herein \<tlich are defined in the Public Bnployees' Retirenent Law shall have the meaning as define:i therein unless otherwise specifically provided. "Normal retirement age" shall .mea1 age 60 for local miscellaneous and age 55 for local safety members. 2. Public .Agency shall participate in the Public Employees' Retirement System fran and after J.nucry 1, 1956 making its employees as hereinafter i:rovided, members of said System subject to all irovisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and ere not irovided for herein a1d to all anendnents to said Law hereaftEr enacte::I except such as by exiress (l"'ovisions thereof apply only on the election of contracting agencies. 3. Bnployees of Public .Agency in the following classes shall becane menbers of said Retirement System except such in each sooh class as are excluded by law or this agreement: a. Local Firenen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees oth8"' thcl'l local safety members (herein referre:i to as local miscellc11eous members). In a::ldition to the classes of employees excltxled from membership by said Retirement Law, the following classes of employees shall not becane members of said Retirement System: C ( ( NO ADDITIONAL EXCLUSIONS 4. The fraction of final canpensation to be provided for local miscel- laneous members for each yecr of credited pri<r and current service shall be that µ--ovided in Section 21251.13 subject to the reduction prov ide:i therein fer service on and after June 1, 1958 of members whose service has been included in Federal 5:>cial Security. 5. The fraction of final canpensation to be provide:! fer each ye&r of credited µ--ior a1d current service as a local safety member shall be detennine:i in accordance with Section 21252. 1 of said Retirement Law ( One-half pay at age 55). 6. Toe following a:lditional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 volwta-y retirement) for local safety members only. b. Sections 21263121263. 1 (Post-retirement survivor allowance), for local safety members. c. Section· 20020 ("Local policemen shall include persons i.-.ho are employe:i t.o perform identificatioo and comnwication duties in the Police ~partment mo a"'e not now local safety members and WlO were :in such employment on August 4, 1972 and woo elect safety membership within 60 days of the effective date of this anenctnent"). d . Section 20862.8 (Unused sick leave credit), for local miscel- laneous members. e. Sections 21380-21388 (1959 Survivors Program), for local safety members. 7. Public Agency, in accordance with Section 20740, Governma,t Code, cease:! to be an "employer" fer purposes of Chapter 6 of the Public Employees• Retirement Law effective on August 18, 1977. Accunulated contributions of Public Agency as of the aforementioned date shall be fixed a1d determine:i as provided in Section 20759, G:>vernment O:>de, and accunulated contributions as of the aforementioned date and contributions thereafter ma::le shall be held by the Board as µ--ovided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as folloW:i: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: 1011 30 II .. = = V1 ... ( C { 1) 0. 009 percent until June 30, 2000 on accol.l1t of the liability for Jrior service benefits. (2) 10.177 percent on account of the liability for curr ent service benefits. b . With respect to local safety members, the agency shall contribute the followi~ percentages of monthly salaries earna:i as local safety members of said Retirement System: ( 1) 0. 018 percent t11 til June 30, 2000 on accoU1t of the liability for p--ior service benefits. (2) 17.868 percent oo account of the liability for current ser vice benefits. (3) 0.500 percent on ~colllt of the liability for the 1959 Surviver Progran. c . A reasonable anolllt per a,nun, as fixed by the B::>ard to cover the costs of adninistering said Systan as it affects the employees of Public .Agency, not including the costs of special valuations or . of the periooic investigatioo and valuations required by law. d. A reasonable anount as fixed by the B::>ard, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on acco1.11t of employees ~f Public .Agency, and costs of the periooic investigation and valuations required by law. 9 . Contributions required of Public .Agency and its employees shall be subject t.o adjustment by Board oo account of anendments t.o the Public Fmployees' Retirement Law, and on accomt of the experience U1der the Retirement System as deterrninoo by the periodic investigation and valuation required by said Retirement Law. 10. Contributions require:i of Public Agency and its enployees shall be paid by Public Agency to the Retirement System within thirty days after the em of th:! perioo to which said contributions refer er as may be Jrescribed by Board regulation. If more or less than the correct amount of contributions is paid fer a,y perioo, proper adjustment shall be ma:ie in connection with subsequent remittances, or adjustments on accotmt of errors in contributions required of cny employee may be ma:ie by direct cash payments between the employee aid th:! Board. Payments by Public Agency t.o Board may be made in the form of warrants, bank checks, bank drafts, certified checks , money orders or cash. C C C B. This amendment ,hall be attached to said~ntract and shall be effective on the va, ~ day of __ IMI , 1~ Witness ou-hands the j 1 ~ • y of J11 ~ , 19_/Q. BOARD (Jo' AI:MINISTRATION CITY COUNCIL PUBLIC EM R.OYEES ' RETIREMENT SYSTEM rF THE CITY OF CARLSBAD BY £#" L ~a£ Presiding Officer Approved as to fonn: Attest: PERS C0N-702 C • ( I . . r . 0 0 ( AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION ( 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 CITY COUNCIL of the CITY OF CARLSBAD, hereinafter re- ferred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1, 1956, as amended effective July l, 1957, January l, 1959, March 5, 1959, March 1$, 1975, and April 1, 1975, which provide for partici- pation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. The following subparagraph shall be added to Paragraph 5 of said contract: 5. d. Section 20862.8 (providing service credit at retirement for unused sick leave) for miscellaneous members. B. Paragraph 5.5 shall be added to said contract: Public Agency, in accordance with Section 20740, Government Code, shall cease to be an 11 employer11 for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date or this amendment to this contract. Accumulated contribu- tions of the Public Agency as of the date of such amendme~t shall be fixed and determined as provided in Section 20759, Government Gode, and such accumulated contributions and contributions here- after made shall be held by the Board as provided in Section 20759, Government Code. C. Paragraph 6 (a) shall be stricken from said contract and the follow-ing 6 (a.) shall be su'ostituted therefor: G. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the follawinrr percentages of month~ salaries earned aslliscellaneous members of said System: (l) o.27S percent until June 30, 2000 on account of the liability for prior service benefits. (2) 8.103 percent on account of the liability for current service benefits. Ret. Form 702-1 0 0 ( ( &.,J N D. This amendment shall be attached to said contract and shall become effec-~ tive on the 18th day of August, 1977 • a5 -...J N ~ Witness our hands this _1_9_t_h _______ day of July, 1977 &.,J • cs, ei::, cs, BOARD OF ADl'ffi'1ISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM tive Officer Approved as to form: O._c~~---~ Office, PERS ,, f-J CITY COUNCTI. OF THE CITY OF CARLSBAD I V, BI Y<~ C &t-,"' Presiding Officer Robert C. Frazee, Mayor Attest: Ret. Form 702-2 C ( illEND?i!EN'r TO CONTRA.CT :BE!I.'REEN THE :SOARD OF ADMINISTRATION PUBLIC EMPLOYEES I HE'rIBEMEJ'iT SYSTEM AND fflE CITY COUNCIL O:P THE CITY OP CABLSBAJ> The :Board of Administration, Public Employees• Retirement System, hereinafter referred to as Board and the CITY COUifCIL ot the CI!Y OF CARLSBAD, hereinafter re- ferred to as Public Agency, having entered into a contract under date of December 23, 1955, effec:tive January 1, 1956, as amended effective July l, 1957, January 1, 1959, and March 5, 1959, and as provided by Chapters 170 and 316, Statutes of 19n, which provi.de for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A.. P~phs l through 9 are hereby stricken :from said contract as executed , effective January 1, 1956, and are hereby replaced by the :following para- graphs numbered l through 8 inclusive: 1. All word.a and terms used herein which are defined in the Public Employees' Retirement Law sball have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" sba.11 mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement. System from .and after January l, 1956, ma,ldng its employees as here- inafter 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 such as by express provision thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes and groups shall become members of said Retirement System except such in each such class and group as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than local safety members (herein refetTed to as miscellaneous members). In addition to the employees excluded from membership by said Retire- ment Law, the following employees shall not become members of the Retirement System: • NO ADDITIONAL EXCLUSIONS Ret. lform 702-1 = = u, °' ( .. ( . . C ( 4. The fraction of final compensation to be provided for miscellaneous members :Cor each yea:r of credited prior and current service shall be that provided in Section 21251.13 subject to the reduction provided therein for service on and after June 1, 1958 for members whose service has been included in the federal. system . 5. The :fol.lowing provisions of the Fu.blic Employees• Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a . The f'raction of :final compensation to be provided for each year of credited prior and current service as a local safety member shall be that provided in Section 21252.1 of the Retirement Law. b. Section 20952.5 (providing for age 50 as the rn1n1muo voluntary retirement age for local safety members with benefit pa~ts commencing prior to age 55 subject to actuarial discount). c. Section 21263.l (providing upon death of a local aafe"t.7 member who bas retired for service or disability for the continuation of a poet-retirement survivor allo,rance to certain survivors). 6. Public. Agency ehal.l contribute to said Retirement System as follows: a. With respect to miscellaneous members, the se;ency ab.all contribute the following percentages of monthly salaries earned as miscel- 1.aneous members of aaid System.: (l) 0.28 percent until June 30, 1980 on account of the liability :for prior service benefits. (2) 7.18 percent on account of the liability for current service benefit·s . b. With respect to local safety-members, the public agency shall contribute the following percentages o:f monthly salaries earned aa local safety members o:f said System: (1) 13,490 percent on account o:f the liability for current service benefits. o. A reasonable amount per annum, as fixed by Board to cover the costs o:f administering said System as it affects the employees o:f Public Agency, not including the costs of special valuations or of the periodical investigation and valuation required by law. d. A reasonable amount as fixed by the .Board, payable in one install- ment as the occasions arise, to cover costs of specie.l valuations on account of employees of Public Agency, and costs of the period- ical investiaation and valuation required by law. Ret. Form 702-2 = = V'I -..J C 't- B. C ( 7. Contribu.tions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees• Retirement System, as determined by the periodical investi- gation and valuation required by said Retirement Law. 8 . Contributions required of Public Agenoy and its employees shall be paid by Public Agency to the Retirement System within thirty days a;fter the end of the period to wbich said contribu.tions refer. If more or less than the correct amount of contribu.ti.on is paid for any period, proper adjustment sba.11 be made in connection with subsequent remittances, or adjustments on account of errors in p~nts between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. said contract and shall become ettec- day ot UM..c.J ) I q 1 ~ . This amendment shal~e attached to tive on the ._ '";l,,I~ Witness our hands this __ ..... ::J:;.;;.......R'.:...._bf....:;..;;;;.~--day of k .__,._,_,T I f Z .J-. BOA.RD OF' .ADMIUISTRA.TION PUBLIC EMPLOl'.BES I RE~IHEMEN~ SYSBM CITY COUNCIL O.F mE CITY OP CABLSBAD Mt~ l.c~a . PresidiDg Officer i Robert C. Frazee, Mayor Attest: Ret. Form 702-3 0 C ( ( EXHIBIT A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION 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 CITY COUNCIL of the CITY OF CARLSBAD , hereinafter referred to as Public Agency, having entered into a contract under date of December 23, 1955, effective January 1, 1956, as amended effective July 1, 1957, January 1 , 1959, March 5, 1959 and March 4, 1975, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participat;on of Public Agency in said system, Board and PUblic Agency hereby agree as follows : The following said paragraph shall be added to paragraph 5 of said contract: "Local policemen shall include persons who are employed to perform identification and communication duties in the Police Department who are not now local safety members and who were in such employment on August 4 , 1972 and who elect safety membership within 60 days of the effective date of this amendment." This amendment shall be attached to shall become effective on the eighteenth said contract and day of March , 1975. Witness our hands this __ d-_¥...._:.{d., ____ day of );~ l'l 7..J--: BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Officer Approved as to form: BI /, C. -tkt¾, ,, Llgyd C istrative Advisor I CITY COUNCIL OF THE CITY OF CARLSBAD ( ( 11 EXIU m T A 11 AN AMENDMENT TO CON'lRA.CT BEMm THB BOARD OF ADMINJBTRATION., STATE EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARJ.SBAD THIS ~ to the Contract executed on ~ S'./f.51 between the BOARD OF ADMINlSTBATION OF THE STATE EMPLOYEJ!S 1 RET~j(, here in.after referred to as "Board" and the CITY COONCIL of the CI~ OF CARISBAD, hereina:fter referred to as ttPublic Agencytt. W I T N E S S E T H: WHEREAS, the Board and Public Agency executed an ammxlment to said Contract pursuant to Section 2110,, Government Code, to coordinate rates am beoefi ta thereunder with rates and benefits under Old-Age, Survivors, and Di3ability- Insuraoce; and WHEREAS, the plan o:f coordination in said an:,ndmeut was intended to provide a reduced benefit fornrul.a and a reduced rate o! contribution on that portion of a member 1s co1q>ensation falling within the coverage of Old-Age, Survivors, am. Disability Insurance; and C WHEIEAS, said amendment provided for such reductions in terms of the dollar amount of compensation then falling within such coverage; am WHEREAS, the Social. Security Act has sime beEil amended to change such amcu.nt ef.fective as of January 1, 1959., thereby increasing the benefits to 'Which covered persons will be entitled and the ccntriw.tions required or them; and WHEREAS, the parties anticipate that there will be i\lture amendments to the Social Security .Act chaQgii.ng such amounts; and WHEREAS, by reason of said change in the Social Security Act the contract no longer correctly states the intentions of the parties; and WHEREAS, the parties desire to amem said contract so that it will at all . times clearly-reflect their intention as such changes occur llllder the Social Security-Act; NOW, 'lHEREFORE, it is agreed as follows: 1. That Paragraph 6c of said contract, as amerxied effective January l, 19~9., shall be a.mended to read as follows: "6c. The fraction 0£ final compensation specified in subparagraph6a.. above shall be reduced as to service in an.,-period after January-1, 1959, which was also covered under Old-Age., Survivors, and Disability Insurance to 1/90 £or application to t.ha t part or final. compensation -which does not exceed -the monthly equivalent of the maximum annual amcu.nt included in "wagesn under Section 209, Social Security Act during such period, it being recognized that such max:imum may be changed from tjme to time by amend1D!nts to said -.... ( C Social Security Act and intended that any such change shall not affect the amount of the retirement allowance based on service during aey period prior to the date of sue h change• 11 2. That Paragraph 6:f of said contract shall be amended to read: '-"61' • Contributions ta~ be made by-miscellaneous Group B members with respect to service rendered after Januacy-11 1959, shall be at two-thirds the rate provided in said Rati.rement Law for the 11)/60" .formula as that rate applies to the monthly equivalent of that part of the annual compensa- tion which is subject to contributions under Section 218 of the Social. Security Act at the time such compensation is paid and at 100 per cent of such rate as it applies to the remainder of compensation."' -~ AAJ _ I Witness our hands this __ 6 __ -_-_____ day of 'YI'~ BOARD OF ADMINISTRATION STATE EMPLOYEES 1 RE'l'IREMENT SYSTEM CITY COUNCIL OF THE CITY OF CARLSBAD 1959. C 0 / \. C .AMENDMENT TO CONTRACT BEn'WEEN THE BOARD OF AIMCNim'RATION Sl'.ATE EMPLOYEES I RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD The Boa.rd of Administration, State :Employees' Retirement System, hereinafter referred to as Board, and the City Council of' the City of Carlsbad, hereinafter re- ferred to as Public .Agency, having entered into a contract under date of December 23, 1955, effective January 11 1956, and as amended effective July 11 1957, vhich provides for participation of Pub],ic .Agency in said System, Board and Public Agency hereby agree as follows: A. The follovlng phrase is added to the sentence which constitutes Paragraph Number 1 of said agreement: "except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Iaw hereafter enacted except such as by express provision thereof' apply only on the election of contracting agencies.11 ~ 0,. 00 B. Paragraphs 3,4,516,8,9,10,u,12 and 13 are hereby stricken from said contract as executed December 23, 1955, and as amended effective July 1, 1957, and are hereby replaced by the following paragraphs numbered 3 through 9 inclusive: 3. Employees of Public Agency in the following classes and groups shall become members of said Retirement System except such in each such class and group a.s are excluded by law or this agreement: a. weal Firemen (herein referred to as local safety members); b. local Policemen (herein referred to as local safety members); c. l!mployees (other than local safety members) whose positions are not subject to Federal Social Security coverage (herein referred to as miscellaneous Group A members); d. Employees (other than local safety members) whose :positions are subject to Federal Social Security coverage (herein referred to as Group B members). In addition to the employees excluded from membership by said Retire- ment Iaw, the following employees shall not become members of the Retirement System: NO ADDITIONAL EXCLUSIONS 4. All words and terms used herein which are defined in the State l!mployees' ' .. 0 r Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. 11Normal retirement age" shall mean age 60 for miscellaneous members in Groups A 8.11d B., and age 55 for local safety members. The following provisions shall apply to local safety and miscellaneous Group A members onJ.y: a.. 1/6o shall be the fraction of i'inal compensation to be provided for each year of credited current service as a miscellaneous Group A member upon retirement at normal retirement age. b. Benefits on account of each year of prior service sha.l.l be 100 per cent of the fraction of final compensation provided. Ullder the I.aw and this contract for each yea:r of current service upon retirement ~or service. c. The following provisions of the state Dnployees I Retirement Law which apply only upon election of a. contractiDg agency shall apply: (1) Section 21251.1 (providing for a guaranteed percentage of final compensation for each year of current service as a miscellaneous Group A member). (2) Section 21252.4 {providing for a guaranteed percentage of final compensation for each year of current service as a local safety member). (3) (4) (5) (6) (7) Section 20024.0l (defining ,.final compensation" on the basis of a period of 3 consecutive years). Section 21258(b) (providing a minimum retirement allowance "Of $720.00 per year subject to certain conditions). Section 21367.51 (providing a $400.00 death benefit upon death after retirement) . Section 20025 (providing for inclusion of compensation Withotrl: limit in computations of benefits). Section 20952.5 (providing ~or age 50 as the minimum voluntary retirement age for local firemen, local policemen., or county peace officers). 6. The following provisions shall apply to miscellaneous Group B men:ibers only: a. 1/60 sba.ll be the fraction of final compensation to be :provided upon retirement at normal retirement age for each credited year of current service subject to the modification set forth in subparagraph c . below. b. Benefits on account of each yee:r of prior service shall be 100 per cent of the fraction of final compensation provided under ( C ( ( the Law and this contract for current service benefits earned by service at the date of membership. c. The fraction of final compensation specified in subparagraph a. shall be reduced to 1/90 for application to the first $350.00 per month of final compensation in the computation of service retirement allowances on account of service credited after the effectivity of membership in the Group B classification. d. Any miscellaneous member who, upon retirement for service before age 65, is fully insured under Federal Old-Age, Survivors, and Disability Insurance may elect to receive the actuarial equivalent of his unmodified service retirement allowance in the fom of an increased monthly income until he reaches age 65, and a reduced income thereafter in accordance with Government Code, Section 21703. e. The retirement benefits payable upon retirement for ordinary disability shall not be affected by paragraph 6.c. of this contract as amerrled and for the purposes of the limit on any such allowance imposed under Section 21297, Government Code, allowances for retirement for service shall be computed according to the fonnula set out in paragraph 6.a. of the contract as amended both as to service before and after the effectivity of membership in the Group B classification. AJJ. other provisions of this amendment shall be fully applicable to the computation of allowances upon retirement for disability. £. ContributioilB to be made by miscellaneous Group B members with respect to service rendered after the effectivity of membership in the Group B classification shall be at two-thirds the rate provided in said Retirement Law for the "l/6011 formula as that rate applies to compensation which is equal to or less than $3SO per month (or its equivalent for any other pay period) and at 100 per cent of such rate as it applies to compensation which is in excess of $350 per month (or its equivalent for apy other pay period). g. The following provisions of the State Employees' Retirement Law which apply only upon election of a contracting agency shall apply: (1) Section 21251.l (providing for a guaranteed percentage of final compensation for each year of current service as a miscellaneous member) • (2) Section 20024.ol (defining •~Final Compensation" on the basis of a period of 3 consecutive years). (3) Section 21258(b)(providing a minimum retirement allowance of $720.00 per year). (4) Section 21367.51 (providing a $400 death benefit upon death after retirement). C 0 c. 7. ( (5) Section 20025 {providing for inclusion of COJnJ.)ensation m.thout limit in computations of benefits). Public Agency shall contribute to said Retirement System as follows: a. The sum of $1.,260.01 per annum in installments as :Boa.rd shal.l. require for 25 years, less the yea.rs elapsed between the effective date of this contract and this amendment, on account of the liability for benefits based on prior service. b. 5. 768 per cent of total salaries paid by Public Agency each month to its employees who are and hereafter become members of said Retirement System, provided 1;hat only salary earned cs:, ~ ..... as members of said System shall be included in said total salaries. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of speciaJ. valuations or of the periodice.l investigation and valtia.tion required by law, provided that said amount shall be determined on 'tihe basis of the number of employees of' Public .Agency -who are members on JuJy 1 of the respective fiscal years, or with respect to the first year of participation, on the effective date of said participation. d. A reasonable amount as fixed by the :Boa.rd, pa:yable in one in- stallment as the occasions arise, to cover costs of special valuations on account or employees of Public Agency, and costs of the periodical investigation and valuation required by law. 8. Contributioris required of Public .Agency and its employees shall be subject to adjustment by Board on account of amentlments to the state :Employees' Retirement law, and on account of experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. 9. Contributions required of Public Agency and it!S employees sha.J.l be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer. If' more or less than the correct amount o-r contribution is paid for any period, proper adjustment shal1 be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, b8llk checks, bank drafts, certified checks, money orders, or cash. Thia _..,. shall be attacb~said contract Slld shall become on the / --<Lb-day of y i rlYl 4J I£ s-7 • effective C C C cf;(_ Witness our hands this 2 0 :.-: • BOARD OF ADMINISTRATION CITY COUNCIL OF THE STATE »ll'LOYEES 1 RETIREMENT SYSTEM CITY BYJ/L~~ 1 LIAME.PAYNE,Efii:ftER BY -=~~~~~..,_-.-....... ~ 0 0 l . ~ ( ~T TO CONTRACT BE'NEEll \a& 00.&RD OF AIKDJISTRATICli • STAT'E BHPLOIEES1 RETimBENT SISL'FX AND THE CI'l'I COONCIL OF THE CIT! OF O~BAD The Board ot A<Jnd n1 atration, state !D.pl.o,yees t Retirement System, and tbs CITI COUNCIL, of the OITI OF CARLSBAD, bereina:tter referred. to as Pllbllc Agenq, having entered into a contract under date of December 23, 195,, effective J8JlD817 l, l9S6, which provides tor the participation of said Fublic Agenq in ea.id Retirement System, excluding Dl1scell.ane011S aplo19es, and CITI COUNCIL and said B>ARD OF AIJ!D«S1'RATI(J{ bereb7 ag1'8e as follawss 1. The words "Exclude MiscellaD8ous Members" appearing in paragrapi 3 shall be am ,re hereb;r stricken fr011 said Contract ang the words "No Additional. Emlusicm,n shall be and are hareb,y added to paragraph 3 of aaid Contract :ln place thereof. 2. Paragraphs 4, 6., 7 sball be and are herel:t, stricken tzom said Ocmtn.ct. 3. The following paragraphs abal.l be and are hereb.r added to said Conti-acts 4. .Age 60 shall. be the nomal. age tar retirement for service, of miscellaneous members emploJed b;y Pablic Agenq, that is, members ' other than Local Firemen and Local Policemen, and one-sixtieth of final compensation, as defined :ln said Retiremen.t Law, shall be the bene.ti t for each year of cred!l.ted aerrlDe upon retiremant at said normal age. Service retirement allowances of such members shall be determined under the provisions of Sectlcns 212;1.1, and 212$3 ot said Retirement Law. 6. Benefits on account of prior service (serri.ce credited hereunder as rendered to Public Age/rJ.t::J' prior to the ettactive date ot mmabe"-ship as an employee of Public Agenq) shall be allowed onq as a percentage of the average salar,r specill.ed in sa.b-eectians (a) and ( c) of Secti.011 20835 ot said Betdr811lent Law, tor each year of such service, and said percentage Bhall. be 100 percent; ot such com.penaat:l.on. 4. The amounts shown in paragraph 12a eball be amended to read $11 260.Ol. S • The percent shOIUl in paragraph 12b shall be amended to read 6 .lla2 • 6. This amendment shall be attached to said Contract and shall be et.fective as of July l.1 1957 • Witness our hand this 17th dq of June, l.957 • ----------·------------mARD OF AIMINISTRATI<li STATE EMP.LOIEES I RETI1mMENT SI.STD! ~.« -<~ Pre ent • • , Attea~ ~mertf~ Ciff COUNCIL OF THE CITI OF CABLSBAD @.t1~' Pre ding ~er Attest: Clerk A.ppro'Ved by the l:bard ot v,atration, state »upl.oyeee' Retirement System, at the meeting held 9 1957 • e c..J ' I I STATE EMPLOYEES' RETIREMENT ~YSTEM SACRAMENTO 14, CALIFORNIA «!ontract Bl!.T\VE.£N CITY COUNCIL N>.Mn OF Ll?GULATIVII BooY OP CITY OF CARLSBAD NAM!! OF CITY, Co11NTY, SatooL D1sn1CT, OR. OTIIU Puauc ACENCY AND THE BOARD OF ADMINISTRATION OPnlE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM 1:his 2lgrtrmrnt made this . --~~day of -~. , 195~ by and between the Legislative Body o·~f __ ---"C""'I..,,TY OF CARLSBAD __________ _ Nsr\\c of Chy, Cuunty, Si;hool Diutict, -or Other Public Aic:ncy hcre:ifccr referred to as "Public Agency," and the Board of Administration, California State Employees' Retirement System, hereafter referred to as "Board." WITNESSETH: In consideration of the coven:ints and agreements hereinafter cont.tined and on the part of both parties to be kept and performed, Public Agency and Board hereby :tgree :ts follows: I. Public Agency is to participate in the State Employees' Retirement System, subject to the provisions of the State Employees' Retirement Law. 2, Public Agency shaU participate in s.iid Retirement System, making its employees members of said System, from .ind :ifter .. ___ January. ) , 1956 -· ). Employees of Public Agency in the following clmes sh:ill become members of said Retirement System in accord- :mce with the provisions of said Retirement Law, governing membership in said Rctire!ment System, :ind subject to the further exclusions from membership in the next following sentence: CLASStS OP EMPLOYEl!S "• Local Firemen, zs defined in the Sutc Employee.• Re1irement 1.2w b. Loe,! Policemen, •• dc6ned in the Su<e Employe~• Retirement L>w c. County Pc,ice OJlicers, :u ddincd in the Sutc Employees' Rctirrment L2w d. Employees other than Local Firemen, toe.ii Policemcn, ~nd County reacc Officers . . . . . • • , • • • • • • • , • • NUMBER OF EMPLOYW ELIGIBLE FOR. Ml!MBEI\SHJP ON __ ..,!l_slP,l~l.__, I" 6_ 2 6 F 121SD t ' In addition to the emplo, . .:s excluded from membership by said Retircme, ..... :iw, the following employees shall not become members of the Reticcment System: EICLUDE MISCELLANEOUS MEMBERS Board and Public Agency agree that, except as provided in paragraph 12, no adjustment shall be made in the amount of contri- butions provided in paragraph 12:t on account of prior service, or in the percentage provided in paragraph 12b, because of variations in che numbers of employees who become members of s:ud Retirement System on the effective date hereof, from t~,e number listed above, due to terminnion of service by such c;iuses as death, resign:ition or discharge, or the employment of individuals not included in said number, 4. Age-----~~-~-_. shall be the normal minimum :ige for retirement for service, of miscellaneous members ("6G'"ot"U"} employed by public agency, thn is, members other than Loc:il Firemen, Loc:il Policemen :ind County Peace Officers, and t'onc•1iuicd1° i.( al:( i, ,o, o.r ••~nc•snimticd, .. if .a,c is 0) shall be the fr.1ction of final compensation, :is defined in s:iid Retirement Law, co be provided on the :iverage, for each ye:i.r of service as :1 member, by the members' :ind Public Agency's normal contributions, upon retirement :i.t said minimum age. S. Denefics on account of prior service, that is, service credited hereunder :ts rendered to Public Agency prior to the drectivc date of participation, to resp<:ctivc members employed by Public Agency as Local Firemen, Local Policemen or County Peace Officers shall be allowed only as :i. percent.tge of the .iverage S:Jl:try specified in said Retirement L;iw, for e:tch year of such service, and said percentage shall be ____ lOQ ___ , ______ per cent of the fr:iction of fin:il compensation, as defined in tu,ch 11 .. SO," "1J.'' .. ,ol""J the State Employees' Retirement Law, for each ye:i.r of service rendered after s:iid date, as determined for s:i.id respective memb:rs under s:iid l:iw, for retirement for service at age SS, or upon qualification for service retirement at a higher age, I£ a member retires for service before :tttaining age 5 S, his prior service pension shall be reduced to tb.1t :imount which the V3luc of the pension :lS deferred to ~gc s 5 will purchase ilC the actual :tge of retirement. r 6. Prior service benefits to miscellaneous members employed by Public Agency, that is, members other than Local Firemen, Local Policemen or County Peace Officers, upon retirement for service :i.t the norm:il minimum age entered in p::ragraph 4 hereof, shall be allowed only as a percentage of the average salary specifi~d in Section _ _ -•---_____ of s:1id Retirement L:i.w, for each ye:ir of such service, and said percentage shall be _ ---------------------.. -·,-,,..-·------~--------------~-------~--------·----. ------------r•oft(•Jistkth .. or 0 onc-•cwcntitth .. il miniauun •1e above ie ~ Of U Jfld lttdun i1 :?OtU; od,crw1ae .. ,hit p,rrctnu,e dcrumineJ under 1.aicl n:ctlon"') (lOlll o, Zll5l) _.....,..__... __ (ruch .as '"SO,'• .. ,,:• 0 100'1) _ __ per cent of . . __ ··-· --·· . If :i. member retires for service before attaining the normal minimum age entered in pn:i.gr:iph 4 hereof, his prior service pension shall bt: reduced to d ,ac :imounc wliich the value of the pension as deferred to said minimum age will purchase :it che :ictu;il age of retirement. 7. If the fraction stated in the preceding p:ir:igraph is one-sixtieth, the provisions of Section 212 SI. I of the State Employees' Retirement L:iw, providing for ;1 gu:irantced percentage of final compensation for each ye:ir of current service as a member, __ apply to employees of Public Agency who become members of said Retirement System. 8. The provisions of Section 21252.4 of the St::te Employees' Retirement L:iw, providing for ;1 gu:1.ranteed per- ccnt:i.ge of final compensation for e:ich yc::i.r of current service ;as a member, ... P~-----·-·--apply to employees of (''s!u.11° or "•h~l1 11ot'•) Public Agency who become members of the Retirement System as Loc;il Firemen, Local Policemen or County Pe.tee Officers. 9. The provisions of Scction ___ 212.5Bh . _ .. of the St.tee Employees' Retirement Law, gu:>.rmteeing :1 (''lt2Hb•• il minintum :11e tibon i1 ,o, or "lJ2Slc0 j£ 111,Jai1i111m 2~ :abon i:s ''> minimum retirement ;1llowa!'ce under certain conditions SH!.LL apply to employees of Public Agency who become members of s;aid Retirement System. ( .. ' 10. T. he provisions of SecL .. 2 lJ6i .sL,f tbc St~tc Employee$' Retirement K .. , providing a -~ ¥g£d..,th benefit :iftcrJ retirement S~_ -_apply to employees of Public Agency ~vho become members of s~id Rt"tiremcnt System. ' {",J,;,tt•· <>r ·•,h,tl nW') J:;- C:, CS) 11. The provisions of Section 20025 of the State Employce5' Retirement Law, providing for the portion of com- pensation which shall be included in comput:itions under t he Retirement Law. . ______ SJiA!J.i _ _ _ ____ _ • -, (11,luW' (jf ",luU not .. ) apply to cmployc::s of Public Agency who become member~ of said Reti'rcmcnt S}·stem. 12. Public Agency shall contribute. to said Retirement System as follows: more a. The sum of $~----per annum, payable in equ:il monthly or~ frequent insu.llmcnts as Board sh:ill require, for a period of_ --2S . _ yc:irs, on account of the liability for benefits b:ised on service rendered to Public Agency prior to the effective date hereof. b. _7._7.02.._per cent of totd salaries paid by Public Agency each month to its employees who arc members of said Retirement System, provided that only sahry earned as members of s;iid System shlll be included in slid tot:il salaries, and the employees who arc members of said System shall include employee~ wbo become members upon the effective d3te hereof 3nd employees who become members thereafter. c. A rc.isonable amount per annum, as fixed by 803rd, parable in @itn•I l'Ae11£1!!, er less fpeqwent instaUl'Ae1us, 119 Board dull •eq11iH, to cover the costs of administering said System as it affects the employees uf Public Agency, not including the costs of spcci:11 v:iluations or of the periodical invcstig3tion and valu:ition required by law, provided that said amount sh:ill be determined on the basis of the number of employees of Public Agency who :ire members on July 1st of the respective fisc3f years, or with respect to the first year of participation, on the effeerive date of said participation. _ J. A reasonable amount as fixed by the Board, payiible in one installment from time to time as the occasions arise, to cover the costs of specbl v:iluations on account of employees of Public Agency, and the costs of the periodical investigation into the experience under said Retirement System, as it :ilfcct.1 said employees, and the v2hution of the assets ancl li:ihilitics of said System on :iccount of said emplorccs. Contributions required of Public Agen:;y and its employees shall bc subject to adjustment by the Doard of Admin- ist1·ation on account of amendments to the St>1te Employees' Retirement L:iw, ancl on account of c1'pcrience under the Retirement System, :ts determined by the periodic:,.] investigation, valuation and determination provided for by said Retirement Law. 13. Contributions required of Public Agency under paragraph 12 immediately prcc.:-ding, and contributions required of Public Agency's employees who :ire members of s:iid System, shall be paid by Public Agency to the St:ite Employees' Retirement System within thirty days after the end of the month or longer period to which s:iid contributions refer. If more or less than the correct amount of contribution required of Public Agency or its cmplo}'CCS is paid for :iny period, propC?r adjustment sh:ill be made in connection with subsequent remittances of Public Agency to the Board, to rectify the errors; or such adjustments on account of errors made in contributions required of employees, may be made by direct ca,h paymcncs between the employee in connection with whom the error was made, and Board. Payments of Public Agency to Doard may be made in the form of warr:mts, bank checks, bank drafts, certified checks, money orders, or cash. ATTEST: Pmidi11g Offirrr BOARD OF ADMINISTRATION ST A TE EMPLOYEES' RETIREMENT SYSTEM ATTEST: By . 11SII e-U lSQO (i) •PO ...... N t-1, c.,j = ea:, c::, c..,; 0 c::, ""-.l V1 14. The provisions of Section 20024.ol of the State Employees' Retirement Law, which provide that 11fi.na1 compensation" shall mean the highest average annual compensation earnable by a member during any period of three consecutive years during his membership 1n the System., SHALL APPLY to enploy'ees of Public Agency who become members of said Retirement System. 15 • The provisions of Section 20952 .S of the State Employees I Retirement Lav which provide age 50 as the minimum volunta.ey retirement age !or Local Firemen am Local Policemen SHALL APPLY to employees of Public Agency who become members of the Retirement System as Local Firemen or Local Policemen. Witness our hand the day and year first above written. BOARD OF ADMINISTRATION STATE Dil'LOIEES~IRENENT SYSTEM JS,··~ '.Tc J,._,.___,=f--President Attests ~£~ CITY COUNCIL OF THE CITY OF CARLSBAD . ~~C~ Presbrcer Clerk ( / , CONTRACT BETWEEN CITY OF CARLSBAD AND PUBLIC EMPLOYEE RETIREMENT SYSTEM Amendment Effective Date Change Original 1/1/1956 For Police and Fire members #1 7/1/1957 Include Miscellaneous members #2 1/1/1959 Add 1/90 -1/60 basis for Group B (non safety w/social security) #3 3/5/1959 Clarification of above 1/90 -1/60 formula #4 3/18/1975 Include Communicators as safety members #5 4/1/1975 Add survivors benefit for safety members #6 8/18/1977 Add service credit for unused sick leave for Misc members #7 6/21/1980 Increase 1959 survivor benefit for Safety members #8 1/1/1981 Increase benefits (including 1959 survivor) for Misc. members #9 6/21/1982 2%@50 full benefit formula for Safety groui:1 #10 10/19/1982 Add service credit for unused sick leave for Safety members #11 6/26/1989 Add single highest year for Fire Safety members #12 11/16/1990 Add single highest year and military service credit for Police Safety members #13 7/2/1992 Add military service credit for ALL members #14 10/5/1993 Exclude Senior Instructor/lifeguard positions #15 6/30/1995 Merger of CMWD PERS plan into city's plan; 3rd level 1959 survivor benefits; transfer of 1959 survivor reserves to fund 3rd level; 2nd opportunity for employees to elect 1959 survivor benefit #16 6/3/1996 Include all Fire Prevention Officers to safety group #17 1/1/1997 2%@55 formula for Miscellaneous groui;i #18 6/14/1997 Add 4th level 1959 survivor's benefit for Fire members #19 6/25/2001 3%@50 formula for Police members #20 12/22/2003 3%@50 formula for Fire members #21 12/20/2004 3%@60 formula for Miscellaneous members #22 10/4/2010 2%@50 formula with 3-year FAE for Police and Fire #23 11/27/2011 2%@60 formula with 3-~ear FAE foe Miscellaneous #24 7/19/2022 Reflect current job titles related to lifeguard exclusion