HomeMy WebLinkAboutOrdinance 2312 N.C.S. 10/06/0008 EFFECTIVE DATE ORDINANCE NO. 2312 N.C.S.
OF ORDINANCE
November 6, 2008
1 Introduced by Seconded by
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4 Mike O'Brien Karen Nau
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8 AUTHORIZING AN AMENDMENT TO THE CONTRACT
9 BETWEEN THE CITY OF PETALUMA AND BOARD
10 OF ADMINISTRATION OF THE CALIFORNIA
11 PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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15 Section 1. An amendment to the contract between the City of Petaluma and the Board of
16 Administration, California Public Employees' Retirement System is hereby authorized, a copy of
17 said amendment being attached hereto, marked Exhibit A, and by such reference made a part
18 hereof as though herein set out in full.
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20 Section 2. The Mayor of the City Council is hereby authorized and directed to execute said
21 amendment for and on behalf of the City of Petaluma.
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23 Section 3. Severability. The provisions of this Ordinance are severable and if any provision,
24 clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
25 any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
26 not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
27 thereof of this Ordinance or their applicability to other persons or circumstances.
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29 Section 4. Effective Date. This Ordinance of the City of Petaluma shall be effective thirty (30)
30 days after the date of its passage.
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32 Section 5. Publication. The City Clerk is hereby directed to post and/or publish this ordinance or
33 a synopsis of this ordinance for the period and in the manner required by the City Charter.
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36 INTRODUCED and ORDERED ~UB~Sk#€D/POSTED this 15'h day of September, 2008.
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38 ADOPTED this brh day of October 2008, by the following vote:
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41 AYES: Barrett, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt
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43 NOES: None
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Ordinance No. 2312 N.C.S. Page. 1
1 ABSENT: Freitas, Harris
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3 ABSTAIN: None
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10 Pam la Torliatt, M or
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14 ATTEST: APPROVED AS TO FORM:
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21 Claire Cooper, CMC, City Cler Eric W. Danly, Cit ttorney
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Ordinance No. 2312 N.C.S. Page 2
`I~~,
CaIPERS
EXHIBIT'
California
Public Employees' Retirement System
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Petaluma
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
January 1, 1950, and witnessed October 18, 1949, and as amended effective August 1,
1959, November 1, 1959, March 1, 1965, June 1, 1965, April 1, 1969, January 1, 1974,
November 1, 1980, November 1, 1981, July 1, 1982, January 1, 1987, December 28,
1987, January 1, 1992, January 4, 1996, June 30, 1996, May 4, 1998, April 5, 1999,
June 30, 2001 and January 16, 2003 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 January 16, 2003, 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 55 for local miscellaneous members and age 50 for local safety
members.
Ordinance No. 2312 N.C.S. Page 3
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 1, 1950 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 an 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:
NO ADDITIONAL EXCLUSIONS
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 21362.2 of said Retirement Law
(3% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20042 (One-Year Final Compensation)..
c. Section 20965 (Credit for Unused Sick Leave).
d. Section 21326 (One-Time 1 % to 7% Increase For Local
Miscellaneous Members Who Retired or Died Prior to July 1, 1974).
Legislation repealed said Section effective January 1, 2002.
Ordinance No. 2312 N.C.S. Page 4
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e. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local fire members only.
f. Section 21024 (Military Service Credit as Public Service).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
i. Section 20434 ("Local Fire Fighter" shall include any officer or
employee of a fire department employed. to perform firefighting, fire
prevention, fire training, hazardous materials, emergency medical
services, or fire or arson investigation services as described in
Government Code Section 20434).
j. Section 20903 (Two Years Additional Service Credit).
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
November 1, 1980. 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.
1 D. 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.
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 safety members.
Ordinance No. 2312 N.C.S. Page 5
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.
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 day of ~ ,
BOARD OF ADMINISTRATION . CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF PETALUMA
BY BY
LORI MCGARTLAND,'CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT' ER# 0293
PERS-CON-702A (Rev. 10105)
Ordinance No. 2312 N.C.S. Page 6