HomeMy WebLinkAbout1241ORDINANCE NO. 1241 (1993 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the City of San Luis Obispo wishes to provide a benefit for certain
employees who are choosing to retire in lieu of being laid off for budgetary reasons; and
WHEREAS, the City Council has passed a Resolution of Intention to approve an
amendment to the contract between the City of San Luis Obispo and the Board of Administration
of the Public Employees' Retirement System to provide Section 20818 (Two Years Additional
Service Credit) for local miscellaneous members;
BE IT NOW ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That an amendment to the contract between the City Council of the City
of San Luis Obispo and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto, and by such
reference made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the City of San Luis Obispo is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 3. A synopsis of this ordinance, together with the names of councilmembers
voting for and against, shall be published once in full, at least five (5) days prior to its final
passage, in the Telegram- Tribune, a newspaper published and circulated in this city. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the 8th day of June , 1993, on motion of
0 -3241
Ordinance No. 1241 (1993 Series)
Contract Amendment with the Public Employees' Retirement System
Page 2
Council Member Romero ,and seconded by Council Member Rappa ,
and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
Mayor Ifeg Pinard
ATTEST:
FIVIA0I, /NL�
j /".
APPROVED:
*Adm tive Officer
ity 'Attofney T
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN LUIS OBISPO
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 July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1,
1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January
16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987 and November 16,
1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective November
16, 1989, 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 July 1, 1952 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. CROSSING GUARDS.
5. The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21251.13 of said Retirement Law (2% at age 60 Full).
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 determined 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 21380 -21387 (1959 Survivor Benefits) including Section 21382.4 (Third
Level of 1959 Survivor Benefits).
b. Sections 21263 and 21263.1 (Post- Retirement Survivor Allowance) for local
safety members only.
C. Section 20862.8 (Credit for Unused Sick Leave).
d. Section 20024.2 (One -Year Final Compensation) for local miscellaneous
members; for those local fire members entering membership on or prior to July
1, 1986; and for those local police members entering membership on or prior to
July 23, 1987.
e. Section 20461.6 (Different Level of Benefits). Section 20024.2 (One -Year Final
Compensation) is not applicable to local fire members entering membership after
July 1, 1986 and to local police members entering membership after July 23,
1987.
f. Section 20818 (Two Years Additional Service Credit) for local miscellaneous
members only.
8. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on June 1, 1976. 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 System as follows:
a. Public Agency shall contribute $2.50 per employee, 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 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.
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 day of , 19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Ci
PERS- CON -702 (AMENDMENT)
(Rev. 10/92)
CITY COUNCIL
OF THE
CITY OF SAN LUIS OBISPO
BY t�
Presiding/ Officer Mayor Peg Pinard
7 -/3 - ?3
Witness Date
-.z ••i.,, - valuvtl, —a O.L.I. l-Qllu --Luy Clerk
APPROVED AS TO FORM:
e Q. o n
C Atto 9
T
Ordinance No. 1241 (1993 Series)
FINALLY PASSED this 6th day of July , 1993
on motion of Council Member Roalman ,
seconded by Council Member Rappa , and on the following roll
call vote:
AYES: Council Members Roalman, Rappa, Romero, Settle, and Mayor Pinard
NOES: None
ABSENT: None
ATTEST:
Clerk
6L
Mayor . g Pinard
All
OV
IV
AN; ci
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PUBLIC EMPLOYEES' *RENIENT SYSTEM
Contract Services Division
Public Agency Contract Services
P. O. Box 942709
Sacramento, CA 94229 -2709
(916) 326 -3420
(916) 326 -3240 (TDD)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the City Council of the
(governing body)
City of San Luis Obispo adopted on
(public agency)
July 6, 1993 , by an affirmative vote of a majority of the members of said Governing Body,
(date)
Ordinance No. 1241 approving the attached contractual agreement between
(Ordinance /Resolution)
the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance
(Ordinance or Resolution)
Board of Administration being attached hereto.
Date
derkjtecre tar
By Kim C
City Clerk
Title
PERS -CON -5
C0614 (Rev. 12/92)
in the form furnished by said
ane R. Gladwell
i, Assistant City Clerk