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ORDINANCE NO. 829 (1979 Series)
AN ORDINANCE OF THE City Council of the
(Name of Governing Body)
City of San Luis Obispo authorizing an
(Name of Public Agency)
AMENDMENT TO THE CONTRACT BETWEEN THE City Council of the City of San Luis Obispo
(Governing Body)
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of San Luis Obispo
(Name of Governing Body) (Name of Public Agency)
does ordain as follows:
SECTION 1. That an amendment to the Contract between the _ _ City Council
(Name of
- - - -' -- of the City of San Luis Obispo and the Board of
Governing Body) (Name of Public Agency)
Administration, Callrfornia, Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked "Exhibit AtO, and by such refer-
ence made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the
Title of Presiding Officer)
City Council is hereby authorized, empowered, and directed to
(Name of Governing Body)
execute said amendment for and on behalf of said Agency.
SECTION 1. This Ordinance shall
adoption, and prior to the expiration
published at least - once
take effect 30 days after the date of its
of 5 days from the passage thereof shall be
in the San Luis Obisno County Telegram,-Tribune
Name of Newspaper)
a newspaper of general circulation, published and circulated in the _ City of
(Name of
San Luis Obispo and thenceforth and thereafter the same
Public Agency)
shall be in full force and effect.
Adopted and approved this 20th day of November 1979 on
the motion of Councilman Jorgensen, seconded by Councilwoman Billig, and on the following
roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Duni _a d.Mayor Cooper
NOES: None - _
ABSENT: None ^
ATTEST : _ �`r /
iding Officer) M or Lynn R. Coope r
City Clerk J.H patrick
PERS - CON -11 (Amendment) (3/78)
t
ORDINANCE NO. 829 (1979 Series)
FINALLY PASSED this 4th day of December
1979., on motion of Councilman-Jorgensen , seconded by
Councilman Bond and on the following roll call
vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
Cit erc J.H. Fitzpatrick
r' I T 0 C. )MTRACT
07 AMINI-'
T T -1
PU-S L T C OYEE31 RETI?:--.,:17---rT SYSTEM
AND THE
C7*TY COUNCIL
OF '111E
(I TTV
LUIS
�7-- SAN 0, T 1�
I.- Public Employees' 71-tir;I-Iniern" •ystck-A,, hcrein-
after re f--r-ed to r-'o= rd, nrd t1,2 C,,c,!.-rnin,- hody of ;-.bovc-- public �-,�ency, �reinaf .cr r! furred to :�,ri Pul)-L-fc A,-,-crcy, 1Ni--v-4nr," -�nt-red into ;% contract uhdcr
-i—. (It- - 'Tuly 1, 195-2, ;�nd an z=ended effective
iate of June lt'52, --fF, c"v-
AugUS . 1q, 1952, C�ctobcr 1, 1962, Cctcb-,-, 19,631 Cctobor 1-, 1i,74• June 1,
z.nd' D;nc-mhe�r 21`),
10, which provid--s for pp r t ic ipat -ion
of Public. A-ency in said System., :`lord <.nd Public A—z-noy �--��rcby agree as
U
follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract
0 EDS executed
effective Dec2mbar 20, 197',!, and lhv.�r!-,by r:2pl-aced by the flollowino parr
graphs nu7nbt�r:d 1 throuc-h 1) inclusive•
1. All words. and terms used herein which are defin*-ad in the Public
Er- ploy -es' Retirement LF,.-i sh-11 hwe 'the meani'n- as defined therein
unless ct-h1e-r-,.,ise spl :cif ically provided. "Norrmal retirement Sh-sll
mcF ��
n -e 60 for local tmiscell�rt-aous and 55 for local safety
members.
2. Public Agency s'iall p=rticipate in the Public .Employees' Retirement
System from -:nd after July 1, 1952 making its employees as
herein;-fter provided, members of said System subject to all provisions
of the Public Fmployeesl Retiraiment La,.., except such ?s apply only on
election of F contracting agency and are not provide -d for herein and
to all P.mendments to said Law hereafter enacted . except such c.s-' by
t-
express provisions thereof apply only on the election of conr
actin,
agencies.
3. Employees o-e Public Agency in the following classes shall become'
0 -
members of said Fetirement System except such in each such class as
are excluded by lFw or t1-:is agreement:
a. Local Firemen (herein referred to as 1OC21 safety members),
b. LoC21 Policemen (herein referred to as local safety members);
C. Employees other than local safe,-,,,, members (herein referred to as
local miscellaneous members).
In addition to the classes of --mployees excluded from membership by
said Retirement Law, the following classes of employees shall not
become trer.- ��!
ibers of said Petirrent!'System:
EXHIBIT
r •
ll, l° fCC.C� iOn 'Jr c; n t1 coo ?-nsnt'ion to be ^r 7.d for s:.1r yr:ar of
CrPCli. ;c�i >!'iC ?f cY,U curr -r:`. S� =rvir _�s 1pr 1 C;l1S Ell t]• oLIS Clc 'Iht'C
Snr]_l br, d�'t'r'iinC:1 in .�cccrd� :ncr� ! -iith. Section 21251.1? of said
�.
Tit fr action of f7.n, ='.! `C ')o provided for e-ch ye ?r of
cr �:it -_O prior ... nd currerr service, as a 1oc_'.l szf^ y ri�z-,:bcr 3hall
,'jr;terminc -d in witYl P-c".ion 21272.1 of sLlid Retirei -.ient 'L:W
b.
The fc11G dition ^' c`r0ilisic;:�s of t.'!?� ?ublic T nployaes' P,etire-
:�G1 ?` L ^r? .`tile }'t c� ^l v C!:1. U-on e'f_: ?c`,ion of ) c c i trc- 4. 2�ency sill
1Y
�cp to .a -_. Pu'::ic 1,,, - „cv and its <:;-: ^l..y. mss:
Seci ices 21 ::;^ -21'2 (19501 Survivors Pro-r=).
b. Sections 21 ^:.`i/ ?_12'3.1 ( ?ost-ret,ire.mPnt survivor allo;ranc°), for
loc =�1 fir; members only.
c. SI-ction 20,_�62.7_1 (Unused sick leave cr_dit), for local misce.1-
1a-:eous me:.ibers ^nd local fire members only.
d. Section 20952.5 (4g(-, 50 voluntary retirement) for local safety
riembers only. r.' .
e. ^cction 2002'x.2 (One -year final compensation), for local fire
members only.
7. Public Agency, in accordcnca iwith. Section 2071'0, Government Code,
ceased to 'be 4,n "cmployer” for purposes of Ch peer u of the Public
Lrl?pl.oyees' Retirement L::: r effective on June 1, 1976. !!accumulated
contributions of Pu lic A g-ercy 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 tner�;:;fter r;iode shall be held by the !'_oard as provided
in Section 20759, Government Code.
3. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall con -
tribute the follojring percentages of monthly sal:�ries earned as
miscellaneous me,nbers of said Retirement System:
(1) 10.551 percent on account of the liability for current
service benefits.
(2) 0.255 percent on account of the liability for the 1959
Survivor Proarn"1.
b. With respect to local safety members, the agency shall contribute
the follo wing percentages of monthly salari`s earned as local
safety Imemlbcrs cf saAd ?etirFment System:
T (1) 1.093 percent until June 30, 1932 on account of the
liability for prior service benefits.
( ?) 15.72, ^- rcj -.,nt on aceo!int of the li;::bility for current
C. 1 ^ricvr.t per annum, Is f'ix, °d by the Po ^rd to cover the
costs of 36n_nist ring said Syst.-.? is it, effects the =ploye-es of
Pub .lc S nC rot`. "clod ?_n? the cysts O s- ecial. v ^.iu:'
„ J l: z . ti.o�.s or
of the p--.•riodi.•n in%,7Ctigation and lu• ti:;ns required by lan,. .
d. A re on. b'.e Pmcunt. n fixed by the '_=o- ry- ygb1_-_ in o o i Ftp 1-
ilE•rit 8S .`i? OCC S,I -rise, to cov_r the costs of sp•'c'i71 valua-
i,ions on o nt f e'i to " s o is e,Te r
` r ^c^ o _ F' y'�.. Public '.,..ncy, pan ^, costs of *.h.
periodic i 1N ° °Stl'�'.tiOn d v�lu -.%ions ranuirF:d by 1^��.
9. Contributions req;.:ircd of "ubi.ic ";envy ?na itL piplo'rees shill be
subj^ct to r;djustment by Ponrd on account of ';^renc'ri ^nts to the Public
.':ployet sl t_tir'tLcnt Lcii °:, and on account of the experience under the
�� t 1 ^C Ate n d o the 7 Lir
P. ��irer,!er:.. Syst� lr :.� d r:? isle � by he r..ri ed�c inv�st,,�a ion and
vale <:tion required by said Rctirement Law.
10. Contributions required of Public ^oency and its employees shall be
paid by Public !'?c:.ncy to the Retirement Systrnl within thirty d,:ys
after the end of Vthe p:.•ricd to ? -Aiich said contributions refer or as
may be prescribed by :se_ir rc;uletio7. if more or less than the
correct amount of contributicns is_ ...aid for any period, proper
tances, or ad jUSt. `rt S�all. b? L dC in CC;r°CtiOn wit' subsequent rerit
adjustments on account. of errors in contributions required of any
employee may be made by dire,- t c^sh pnyments bctneen ti'!.^_ e'mploye0 and
the Eoard. Payments by ?ublic Agerey -o roard may be ~jade in the form
of warrants, bank checles, bank drafts, certified checks, :money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
the day of 19_
Witness our hands the day of 19
BOARD OF hDN III rSTRATIOJ
PUBIC E''IPLOYE':S' RETIRE71ENT SYS=
BY
1
Carl J. Blechinger, Executive Cfficer
,1
Approved as to form:
.CITY COUVCIL
OF THE
CITY OF SAP? LUIS 0?IISPO
BY
Presiding Officer
Attest:
C thij G. G : St:eer, Le,,JI r1f lice, Date
PUS CO" -702
ARENDMENT TO CONTRkCT EFTWEEM TH7
BOARD OF ADMINISTRATIO.'!
PUBLIC EMPLOYEES' RETIREMENT 3YATE1
AND THE
CITY COUNCIL
OF THE
CITY OF SAM LUIS OWSPO
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Ward, 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
August 19, 1952, October 1, 1962, October 3, 1963, October 1, 1974, Jan.. 1,
1976, December 1, 1976, and Dicember 20, 1978, which provides for participation
of Public Agency in said System, Board Dnd Public Agcncy hereby agree as
follows:
A. Parngraphs 1 through 10 are hereby stricken from said contrGet as executed
effective Decamber 20, 1978, and hereby replaced by the following per a-
3raphs nuibered 1 through 10 inclusive:
1. All words and terms used herein whi'Gh ire defined in the Public
Employees' Rotiroment Law shnil have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mesn 2ge 50 for local miscellaneous and ne 55 for local ssfety
members.
2. Public Agency shall :particiate in the Public Employees' Retirement
System from End after July 1, 1952 making its employ is as.,
hereinafter provided, munbers of said System sub net to all provisions
of the Public Employees' Vetirament Low exc9pt such as apply only on
einction of x contracting agency and Pre not provided for herein and
to all Pmendments to said Law hereafter enacted except such cs by
express provisions ::hereof apply only on the election of nontrRctin,T,
agencies.
3. Employoes of Public Agency in the followin7 classes shall become
members of,said Fetirement System except such in each such class as
are excluded by 1pw,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 othcr than local safety members (herein referred to as
local miscellaneous members) .
In qddition to the classes of omplayees excluded from membership by
said Retirement Lau, the following classes of employees shall not
become members of said Retirement System:
CROSSING GUARDS
4, The traction of :roil compensntion to he provided for snit year of
credited friar End. current servion as P local miscellaneous member
shall be determined in recordpnce with Section 21251,13 of said
Retirement Law (21 st Age 60) .
5. The fraction of final compensation to be provided for each year of
credited prior and current service as a Meal 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 previsions of, the Public Employoes' Retire-
ment Law which apply only upon election of a contracting agency shall
apply to the Public Agency 2nd its employees:
R. Sections 2 1 330 -2 1 3 38 (1959 Survivors Program) .
b, Sections 21263/21263.1 (Post—re tironent survivor allowance), for
local fire members cnly.
C. Section MEMO (Unused sick leave cr2dit), for local miscal-
laneous members and local fire members only.
d. Section 20952.5 (Age 50 volunAij Mirement) for local safety
members only.
e. Section 2002U.2 (One—year final compensation), for local fir.?,
membcrs only.
7. Public Agency, in Bccordanee Q ' th Snction 20740, Governmenh Code,
CeMed to be an "employer" for purposes of ChAter 6 of the Public
Employees' Retirement Law effective an June 1, 1976. Accumulpted
contributions of Public Agency as of the aforementioned date shall
fixed and determined as provided in Section 2075•, Goveranent Code,
and accunulated contributions as of the aforenentioned Me and
con tributiuns thereafter made shall be held by the Board as provided
in Section 20759. Oovernment Code.
8. Public Agancy shall contribute to said Retirement System as follows:
a, With respect to miscellaneous members, the agency shall can—
tribute the following percentages of monthly salaries earned as
miscellaneous members of said Retiranent System:
(1) 10.551 percent an account of the liability for current
service benefits.
(2) 0.256 parcent on account of the liability for the 1959
Survivor Program.
b. With respect to local safety members, the aZency shall contribute
the following percentages of monthly sGaries earned as local
safety members of said Retirement System:
1.098 percent until June 30, 1922 an account of the
lisbility for prior service benefits.
(2) 15.72? percent on recount of the liability for current
. service benefits.
c A rcnsonable amount per annum, 3s fixed by the Hard to cover thf°
costs of administering said System as it nffects thq employees of
Public Agency, not including the costs of special vQuations or
of the periodic investigntion and valuations required by law.
d. A reasonable amount as fixed by the Ward, 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 requirM by low.
9. Contributions required of Public Agency and its employees shall be
subjact to ndjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Potirement Systcy Ps d2termined by the periodic investigation and
valuation required by said Rotirement Law.
10. Contributions required of Public Agency and its employ2es shall he
paid by Public Agency to the Retircment System within thirty days
after the end of the period to which said contributions r2for or as
may be prescribed by Board reZulatips_ if more or less ti an the
correct amount of contributions is paid for any period, proper
adjusty2nt shall be made in connection with subsequent remittnnces, or
2djustnents on account of errors in contributions required of any
employee may be made by direct ensh pgymen•s betwcpn the amployne anj
the Mard. Papaents by Public Agency to Eonrd may be made in the form
of warrants, bank checks, b2nk drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
the 16th day of January -f 1?80 .
Witness our hands the 5th KY Of December 1 101-
90ARD OF ADMIMSTRATIGN
PH LTC EMPLOYMS' RETIRENENT SYSTDi
BY
Carl J. Blachinger, Executive Officer
Approvad as to form:
CITY COUNCIL
OF THE
CITY OF SAN LUTS DRISPO
Attest:
AM'? / ir,/-
VVhia G. D./semerl LeSal Office, Da; Mark/HT-FINPatrick
PERS CON-702
. Cooper
CERTIFICATION OF FI?aL
ACTION OF GOVKx 4111G BODY
DATE: December 4, 1979
PUBLIC EMPLO= RETIR52VT SYSTEM
P. 0. Box 1953
Sacramento, California 95809
I hereby certify:
" That the City Council of the City of San Luis Obispo
Governing Body Public Agency
-------- - - - - -- adopted on November 6, 1979 by an affirmative
Date
vote of a majority of the members of said Governing Body, Ordinance
Ordinance or Resolution
No. 829 approving the attached contractual agreement between the Governing
Body of said Agency and the Board of Administration of the Public Employees`
Retirement System, a certified copy of said Ordinance in the form
Ordinance or Resolution
furnished by said Board of Administration being attached hereto.
Clerk Fitzpatrick
City of San Luis Obispo
Name of Agency
PERS -CON -5 (Rev. 378)
Resolution No. 4016 (1979 Series)
RESOLUTION OF INTENTION TO APPROVE AN
A11Ft'D!1.F.7r TO r „TJTTznC^• 1p•r.,rra! 77--
BOARD bF ADMITNISTRATTO:,! OF THE
Yliii T/'• Ili /1 +ITr(. nr'TTT1 '1"� /T .,I J. 771
AND TH7
CITY COUIXIL
OF THE
CITY OF SAS•! LUIS OBTSPO
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employers in the Public Employees'
Retirenent System by the execution of a contract., and sets forth the
procedure by which said public a4Anci.es may elect to subject them-
selves ,.rld thri.r e„1, ^,lcycer, to amendments to said Lair; and
WHEREAS, one of the steps in the procedure to amend this contract is the
adoption by the legislative body of `.hr. -)ublic P —(,rny of n resolu-
tion giving notice of its intention to rn ^rove Pn amendment to said
contract, which resolution shall cont.sin summary of the change
proposed i.n said contract.; and
WHERF_.AS, the following i G. ? st.atnment of the proposed ^hinge:
To provide Section 20024.2 (One -,tear final compen-
sation), for local fire members only.
NOW, THEREFOPE, BE TT RESOLVED, that the Eoverning body of the above agency
gives, .ind it. does hereby P_.i,!e notice of intention to approve an
amendment to the contract betwpe n the said noverning body and the
Board of Administration of the Public Fmpicyees' Petirement System,
a copy of said amendment beina attached hereto, as an. "Exhibit” and
by this reference made a part hereof.
On motion of Councilman Dunin, seconded by uncilman Bond, and on the following
roll call vote:
AYES: Councilmembers Dunin, Bond, B 1� ?:ln R. Cooper
J gensen and PTayor Cyooper
NOES: None
ABSENT: Councilwoman Billig
November 6, 1979
(Date adopted and approved)
MAYOR
(TIT? r)
Pet. Form 122
R 4016