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HomeMy WebLinkAboutOrdinance 2755 N.C.S. 01/25/2021 Ordinance No. 2755 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE February 24, 2021 ORDINANCE NO. 2755 N.C.S. Introduced by: D’Lynda Fischer Seconded by: Kevin McDonnell ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PETALUMA 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 (PERS) by the execution of a contract, and sets forth the procedure by which public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, the City of Petaluma, by action of the City Council in accordance with the Public Employee’s Retirement Law, has entered into a contract with PERS effective January 1, 1950, and subsequently amended, with the most recent amendment occurring July 13, 2020, which PERS contract provides for participation of the City and its employees in PERS; and WHEREAS, one of the steps in the procedures to amend a public agency contract with PERS is the public agency governing body’s adoption of a resolution giving notice of its intention to approve a contract amendment, which resolution shall contain a summary of the proposed contract change; and WHEREAS, on December 21, 2020, the Petaluma City Council adopted Resolution No. 2020 -189 giving the following summary of a proposed change to the City’s PERS contract in accordance with the agreement reached with City bargaining Unit 7 regarding such change and the Public Employees’ Retirement Law to provide for contributions of specified unit members to the City’s cost of participating in the City’s PERS agreement: To become subject, from and after the effective date of the amendment, to Section 20516 of the Public Employees’ Retirement Law (Employees Sharing Additional Cost) to provide for employee cost sharing of an additional 1% for classic local fire members in the International Association of Fire Fighters Unit 7; and WHEREAS, in accordance with Sections 20471 and 20474 of the Public Employees’ Retirement Law, adoption of Resolution No. 2020-189 giving notice of a proposed amendment to the City’s PERS contract must occur not less than 20 days prior to the date at which this ordinance is adopted; and WHEREAS, in accordance with Section 20474 of the PERS Law, an election of the employees affected by the proposed amendment to the City’s PERS contract will be conducted and canvassed, and this ordinance may only be adopted if a majority of the affected employees do not vote to disapprove of the proposed amendment. DocuSign Envelope ID: 716A753F-C0D6-4BF6-9157-EF18A85B5019 Ordinance No. 2755 N.C.S. Page 2 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. An amendment of the contract between the City Council of the City of Petaluma 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 is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. Section 3. In accordance with Section 20474 of the Public Employees’ Retirement Law, the City and its affected employees shall become subject to the amendment attached as Exhibit A beginning the first day of the first pay period following the effective date of this ordinance and subsequent effective date of amendment. Section 4. This Ordinance shall take effect thirty days after the date of its adoption. Section 5. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. INTRODUCED and ordered published and posted this 21st day of December 2020. ADOPTED this 25th day of January 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay Noes: None Abstain: None Absent: None Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM: Kendall Rose, CMC, City Clerk Eric Danly, City Attorney DocuSign Envelope ID: 716A753F-C0D6-4BF6-9157-EF18A85B5019 A. CalPERS EXHIBIT A California Public Employees' Retirement System ---.....:•-------AMENDMENT TO CONTRACT 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, January 16, 2003, October 7, 2008, November 15, 2012, December 28, 2012, June 19, 2017, February 26, 2018, July 2, 2018 and July 13, 2020 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A.Paragraphs 1 through 17 are hereby stricken from said contract as executed effective July 13, 2020, and hereby replaced by the following paragraphs numbered 1 through 17 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 classic local miscellaneous members entering membership in the miscellaneous classification on or prior to December 28, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after December 28, 2012, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to November 15, 2012, age 55 for classic local safety members entering membership for the first time in the safety classification after November 15, 2012 and age 57 for new local safety members.