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HomeMy WebLinkAbout1361ORDINANCE NO. 1361 (1999 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 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 an ordinance authorizing the amendment and directing the Mayor to execute said amendment. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That an amendment to the contract between the 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, marked "Exhibit ", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City of San Luis Obispo. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 16th day of November, 1999, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7"' day of December1999, on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None 01361 Ordinance No. 1361 (1999 Series) Page 2 APPROVED AS TO FORM: Dave Romero, Vice Mayor CALIFORNIA PUBLIk MPLOYEES' RETIREMENT SYS Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 Ni CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the City Council of the (governing body) City of San Luis Obispo (public agency) adopted on December 7, 1999 � by an affirmative vote of a majority of the members of said (date) Governing Body, Ordinance . (Ordinance or Resolution) No. 1361 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said Ordinance in the form furnished by said Board of Administration (Ordinance or Resolution) being attached hereto. Date PERS -CON -5 (Rev. 1/96) City Clerk Title ,i CaIPERS California Public Employees' Retirement System rax. ay I I 1 11711!1 PON 10 1 t 11 ]between the Board of Administration California Public Employees' Retirement System and the Catty Council Catty of San Luis Obispo 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 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, November 16, 1989, August 8, 1993 and November 5, 1999 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 5, 1999, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 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. e. Section 20042 (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. f. Section 20475 (Different Level of Benefits). Section 20042 (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. g. Section 20903 (Two Years Additional Service Credit), Statutes of 1979 for local miscellaneous members only. Legislation repealed said Section effective January 1, 1999. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1976. 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. 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. 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 fire 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 police members. 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. �K� ti- 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. 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 7th day of January , 2000 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT PERS- CON -702A (Rev. 8 \96) BY�_ PRESIDING OFFICER Clerk 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 21354 of said Retirement Law (2% at age 55 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 21362 of said Retirement Law (2% at age 50 Full).. 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. . b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave).