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Home My WebLink About0788r`• ORDINANCE NO. 788 (1978 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That an amendment to the contract between 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 "A", 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 City. SECTION 3. This ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a regular meeting held thereof on the 8th day of November 1978, on motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None ATTEST: Ci erk J. H. Fitzpatrick Ordinance No. 788 Approved as to form: City Attorney (1978 Series) Approved as to content: i Of icer "2),� e, Personnel Director iVME JDT,1E:IT TO CO 4TRACT 30MEE:J THE BOARD OF ADIII dIS'1`;�:ITIO I PUI;LIC MIPLOYEES' RETI E1 —FLINT SYSTEM A JD TII- CII'Y COUNCIL OF THE CITY OF SAN LUIS OBISPO 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 June 9, 1952, effective July 1, 1952, and as amended effective July 1, 1952, October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, which provides for participation of Public .Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 arc hereby stricken from said contract as executed effective October 1, 1974, and hereby replaced by the following paragraphs number 1 through lU inclusive: 1. All words and terms used ncrein which are defined in the Public Employees' etirement Law shall have the meaning as defined therein unless otherwise specifically provided. "I3ornal retirement age" s.zall jean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public :Griployees' 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 suci 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 Aetirement 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 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: CROSSING GUARDS CON -702 -1 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One -half pay at age 55). 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: a. Sections 21380 -21338 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). b. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post- retirement survivor allowance to certain survivors), for local fire members. c. Section 20862.8 (providing service credit at retirement for unused sick leave), for miscellaneous and local fire members. d. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). 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 June 1, 1976. 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 afore- mentioned date and contributions thereafter made shall be meld 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 contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.358 percent until June 30, 19080 on account of the liability for prior service benefits. (2) 10.386 percent on account of the liability for current service benefits. (3) 0.354 percent on account of the liability for the 1959 Survivor Program. CON -702 -2 r�� r b. With respect to local safety members, the agency shall contribute the following percentages of raonthly salaries earned as local safety members of said Retirement System: (1) 1.404 percent until June 30, 1981 on account of the liability for prior service benefits. (2) 14.197 percent on account of the liability for current 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 periodical 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 periodical 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 periodical 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 o` the period to which said contributions refer or as may be prescribed by Board regulation. If more or le -ss 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, uank drafts, certified checks, money orders, or cash. B. This amendment shall be attached to said contract and shall be effective on the 20th day of December , 19 78 CON -702 -3 witness our :lands this day of , 19 BOARD OF ADHIiISTRATIO1 PUBLIC E11PLOYEES' RLTIREl -ENT SYSTEIi BY Carl J. Blechinger, Executive Officer Approved as to fora: Legal Office, PE RS Or ' TIE BY s( KZNN -TH E. SCHWARTZ Presiding Officer Attest: sl J. Ii, FI i ZPATRICK Clerk CON-702-4 ORDINANCE NO. 788 FINALLY PASSED this 21st day of November , 1978 , by the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None ATTEST: Y CLERK J.H. FITZPATRICK