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HomeMy WebLinkAboutOrdinance 1486 N.C.S. 09/28/1981„~ - ., .. ,,~ . . . . , y E~F~CT'I~E DAT'E~ (~~~ ~R~~i~~~CE October 28, 1981 , ORDINANCE N0. 1486 N.C.S. SEP 1 0 1981 ~.< ~ INTRODUCED BY COUNCIId~l~N SECONDED BY VICE MAYOR William A. Perry, Jr. Jack W. Cavanagh AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING AN ~'1II~IDMENT TO THE CONTRACT BETWEEL~1 TF~ CITY OF PETALUMA AND THE BOARD OF ADI~7IIVISTRATION OF Tf~ CALI- FORNIA PUBLIC II~IPLOYEES' RETIRIIKQ~IT SYSTENI. BE IT ORDAINED BY 'l~ COUNCIL OF `I'HE CITY OF PETALUMA AS FOLJAWS : Section l. That an amendment to the Contract between the City Council of the City of PetalLnna. and the Board of Administration, California Public ~loyees' 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 PetalLUna is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. The City Clerk be, and she is hereby directed to publish this ordinance in the PetalLmia Argus-Courier, the official_newspaper of the City, for the period and in the maruzer required by the City Charter. IN'I'RODUC~D AND ORDERED published this 14th day of September , 1981 ~ ADOPTED on the 28th day of September , 1981, by the following vote: AYES: Councilmen Harberson, Bond, Battaglia, Balshaw, Cavanagh, Mayor Mattei NOES: None ~~' Pe rry ~ t .f . ity Cler % ~ ~ ~~ ;:- ~_ l~~ayor Approved: ~_ City Attorney Ord. 1486 NCS .~ ^~ o~`~ . . . i AMFN~MFNT TO GONTRACT BF;TWEEN THF BOARD OF ADMINISTR~ATTON Pi1BLIC EMPLOYEES' RETIRFMENT SYSTFM AND .T,HE CITY COUNC:T_L OF THE CITY ~F PETALUMA ~ The Board of Adminis.tration, Public Fmployces~ Retirement System, herein- after referr-ed.to as Board, and the governing body of above public agency, hereinafter re.ferred to as Public Agency, having entered into a contract under. date of Oc'tober 1~:,; 1949, ef.fective January 1, 195~, and as amended effeetive August 1, 19,59, November 1, 1959, Marcli 1, 1965 , June 1, 1965 , Apxil 1, 1969, January i, 1 97~4 and' November. 1, 19fi0, which provide's for p~rticipation of Public Agency -in said System, Board and Rubl'~ Agency hereby agree as follows: ~. A. Paragraphs 1 through 10 are hereby stri~n fr.om :said contract as executed effective November 1, 19$0, and he:r.eby ~piaceci by the following paragr.aphs numbered 1 through 12 inclusive: ~ r 1. All :words and terma used herei:n o~ich :are defined in the Public Employees' Retiremerit Law shall ~-ave the meaning as defined therein unless otherwise specifically p~ivided: "Normal r.etirement age" s~hall ' mean age 60 for local mi~,cell'~~ous and Age 55 for local safety members'. .`. ~ 2. Public A gency 'shall participa~e in the Publ:ic Employees' Retirement System from and.after Janua 1, 195:0 making its employees as ~ hereinafter provide;d, memb_e"~ of said System subject to a11 provisions of the Pu':bli-c Employees' Re''~rement Law e:xcept such as apply only on election of a contra'eting;~eney and,are not provided for herein and to aIl amendments to saidy ,w`he.reafter enacted except such as by express provisions thereof app:ly orily on tYie election of contracting ageneies. 3. F~nployees of Publ-ic Agency in.the f.ollowing classes shall become members of said,Retir.ement System except such in each such class as are exeluded by law or this agreement: ' a. Local,'Firemen (he.rein referred to as local safety members); b. Local Policemen (herein refe,rred to as local safety members); e. 'Employees othe:r than local safety member.s (:herein referred to as local miscellaneous membe.rs). In additi~on to the classes of employees exclud-ed 'from members'hip by sai~d'Retirement Law, the following elasses of employees sha-11 not become "members of said Retirement System: N0 ADDITIONAL EX~LUSIONS 4. The fr.a~ction of final compensation to be provided~for each year of credited prior and current service as .a Toaal miscellaneous member sha.ll be det~ermined in accordance wi.th Section 21 ~51 • 13 of sa.id Retirement Law (2~ at age 60 Fulll. 5. The fraction of final compensation to, be provided for each year of credite:d prior and cu;rrent seru'ice as a local police member shall be. determined in accordance with Section 21252.1 of said Retirement Law . (One-half pa;y at age 55)• ' 6. The frac:tion of final compensation to~be provided for eaeh year of cred`i'ted priox and current seru,ice as a.local fire member shall be determined in.accor.dance with Secticin 21.25z.~ ~f said Retirement, Law ( 2~ at age. 55 Fu'll );. 7. Par.~gr~ph Fi sh~ll not apply t~ t:h~se loca:l fi.re members who elect to cont'inue under. the provisions of Section 21~52.1 within 90 days of the effective date of this contract amendment.~ 8. The following;additional provisions of t~Public Employees' Retire- ~nt Law which :ap.ply only upon elPCtion ~ a contracting agency shall apply to the Public Agency and its emp]~ees: . a. S.ection 20952•5 (Age 50 volunta members only. „ ~ b. Sections 21380-2;1,387, (1959 S~ 21382.2 (Increased 1959 Survi~ retirementl for local safety vors P.rogram,l, excTuding Section benefits). c. Section 21222`,.1 (Special 5~~crease - 1970). ~ d. Section 20024•2 (One-year~nal compensation). ~ e. Section 20862.8 (,Unused ~k leave credit). f. Section 21223 (Specia]. increase to.members who retired or died prior to January 1, 1975), .for T~cal miscellaneous membe.re only. g. Public A~enc,y, in accordance with S`ection 20740, Government Code, ceased .to be;an ~'~employer" for purposes of ~hapter 6 of the Public ~ Employees' Retirement Law.effective on November 1, 198~• Accumulated contr•ibutions of Public Agency as of the aforementioned date shall be fixed and d"e'termined ae provided in,Section 2~?59, Government Code, and accumulated contributions as of the aforementioned date and contribu:tions thereafte:r. made shAll.be held by the Board as provided in Seetion 20759, Government Code. 10. PubTi~c k,gency shall contribute to said Retir.ement System as follows: a. ~Wi,tfi re'spect to mi_scellaneous members, the agency shall con- tribute the following,percentages of monthly salar.ies earned as miscellaneous members of said Retirement System: ~1) 0.~2'~ percent until June 3~, 2.0~~ on account of the liability for prior service benefits. ti ~ . (2) 12.E~90 ~ereent on account of. the liabilit;y for. cur.rent service benefits. (3) 0.5~4 percent ,on account; of t,he liabili.t;y for the 1959 Surviv~r'P'r.ogr.am. b. With respect to local sa.f.et,y member.s, the a~ency shall contr.ibute the f.ollowing percen.tages of montYil,y salaries earned as local safety 'members of said' Retiremeni; Sy9a PIR: a!b (1) 0.3~2 percent until June 30; 1~9- on account of the liability for prior service berQ~its. ., . ~ ~ v (2) 15.640 percent on accourit qf t~ liability for cur.r.ent ~ serViee benefits. ~ ~~ (3) 0.194 pe;rcent, on ac:count of ~he liability .for. the 1959 Survivqr Program. 'V.~ c. A r.ea~onable amount per snnum, a~fixed by the Board to cover. the costs of admin~iste:ring sa:id S,ys~n as it affects the employees of Public Agency, not; includ-ing thtt~cost,s of special valuations or of the periodic investigation ~l valuations required by law. ~ d. A ree;sonable amount,as fixed ~the Board, payable in one install- ment ~s the occasions ariee, ~ cover the coats of special valua- tions .on account of employee~f Public,Agency, and costs of the periodic invest.igation and va ations required by 1aw. 11. Contributions requir.ed of Public Ageney arid its employees shall be subject to adjustmen-t by Board on aecount of. amendments to the Public Employees' Retirement Law, and on,account of the experience under the Retirement System as determined by the pe:r.iodic investigation and valu~tion required by said Retirement,Law. 12. Con.tributions required of Publie Ageney and.its employees ahall be paid by Pub;lic A gency to the Retirement System within thirty da.ys after the end- of the period to which said contributions refer or. as may be presc _ri~be'd By Board r-egulation: I_f mo.re or less than the corre.ct amount of con;tributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustment_s on account of errors in contr.ibutions .required of any empToyee may be made by direct ca;sh paymen,ts between the employee and th~e Boa-rd. Payments by Public Agency t'o T3oard.may be made in the .form of wa-rrants, bank checks, bank d'rafts, cPrt<i=fied checks, money orders or cas:h, ,:~,- :. . li. This amendment shr~ll be ai.tached t~o saic~ cont,r,.aci, and sh~ll be effective on the day of , 19 Witness our hands the day of , 19, BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTFM BY ~ Carl J. Iilechinger, Fxecuti've Office.r ~ ~'/"~/8/ ce, Date CITY, C~iJNCIZ ~,~ ~,F THF " CITY OF PFTALUM '~'~ ' ~ . ~ Z ~ BY - Presidimg ice.r. ~i e~ Attest: ~ ~' ~ ~ ~ Cler-k ~ ~ PERS CON-702 Approved as to for.m: