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HomeMy WebLinkAboutOrdinance 2113 N.C.S. 05/07/2001~u^ ~ ` '. :, _ _ 6 2001 ORDINANCE NO. 2113 N.C.S. Introduced Seconded By Vice Mayor By Councihnember Janice Cader Thompson Matt Ma uire AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PETALUMA AND BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. That an amendment to the contract between the City 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 of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of thirty days from passage shall be published at least twice in the Petaluma Argus-Courier, a newspaper of general circulation, published and circulated in the City of Petaluma and thenceforth and thereafter the same shall be in full force and effect. INTRODUCED and ordered g~li-shed/Posted this 16th day of Apri12001. ADOPTED this 7th day of May 2001, by the following vote: AYES: O'Brien, Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cader-Thompson, Mayor Thompson NOES: None ABSENT: None r /, Mayor ATTEST: APPROV D AS TO FORM: .« „~ Richar dnansky; " ity Attorney Beverly J. I~l~ e ity C rk Ordinance 2113 NCS G ~ ~ 9 California . Public Emp ogees' Retirement :System . ~ ' I1M[ETd~M[E1~I°I' ~'fl Ct~~PaT"d']RACT Be~ec~ ~~e . - .. C~llni~®~~>l~ ]P~a~~IlC E~~~®~ve~s' ~c~~c~e~~ ~g~~>tc~ - ~~~ tl~e Cgt~y ~~ ~e~~u~~ . _ ~.. ~ - - - _ The Board of Administration, California Public €mp;loyees' 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 effective. January 1 „ 195.Q; :and witnessed October 1:$; 1949,, and as amended. effective November 1, 1959',, March .1, -1965; June: 1; .1:965; April 1, ~ 1969, January 1,, 1974, November 1, 1980.,. November 1., 1981, July 1, 1982,, January 1, 1.987, December 28, 1987 January 1, 1992:'January 4', 1996 June 30, 1996'; May 4, 1998 and- April 5, 1999. which provides for p~rticipafion of Public Agency in said System, Board and Public Agency hereby agree as follows:. - A. Paragraphs 1 through 12 are hereby stricken from said :contrast as executed effective Ap-rl 5; 1999, and hereby replaced. b.y the followingparagraphs 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. - }~ ' S r .. ~ t•\j ~.:( rf.~+ii ri l~.;e i'~ /'1 ~,.`i!;~j 11 •b ' ~ir 2. Public; Agency shall participate in the Public Employees' F~tire'ment ;system from and after January 1, 1950 making, .its employees as . hereinafter provided., members of~said System subject to all provisions of . fh•e P,ublic~ 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 on the election of :a contracting agency. '3. Employees of Public; Agency in the following classes hall; become ' members of said Retirement_ System except such :in -each such class as pare excluded by aw or°this agreement: a,~• ~ Local-Fire Fghters~(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 (he~e;in referred to as local. niscellaneous -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~Syster: NO ADDITIONAL EXCL'USLONS T ~' -5: The percentage of final. compensation to be provided for each ,year of credited prior-.arid current service _as'~ a local miscellaneous ~rnember shall be determined. in accordance with Section .213`54 'of .said .Retirement. Law . (2% at age 55 Full). ~ ~ ~ .. . 6:~ ..Thee „percentage of final .compensation to be provided ~ for each ;year of . credited, prior and current service- :as a .;local= safefiy member° shall' .be determined in, accordance with Sectio,n~ 21362.2 of said Retirerrienf.'law . (3.% at; age 50 'Full). The .required. member contribution rate- is 9% of reportable compensation. -- ~ ~ ' . 7,. Public Agency elected and elects. to be subject to the following optional- provsons=. a. Section 21,.222.1 (,Special '5%'Increase-1970).; -Legi'slation~ repealed: ` said Section effective January 1, "1:.980: b: ' .Section, 20042. (One-Year Final Compensation)., c. Section 20965 (:Credit :for Unused Sick Leave):. d. Section 21;326 (Special 1 % . to 7% Increase ,For Local.. Miscellaneous Members'1Nho Retired or Died Priorto July" 1~, 1974). e, Secti'o.ns 21624„ 21626 and 2'1628 (Post=:Retirement Survivor Allowance) fior~local fire members only. . f. Section 21`024 (Milifary Service Credit as .Public Service)., Statutes . of 1976. g. Seetio'n 2:1574 (Fourth Level of 1959 Survivor Benefits) for local' safety memb;eTS only. r h. Section .21573" (Third Level of 1959 Survivor Benefits) for local miscellaneous members only,. ;. 8. Public Agency, :'in accordanc_ e with Goverrimenf Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on 'November 1, 198D. 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 2083'4. 9. Public Agency shall contribute to said Ret~ement~System the contributions determined' by actuarial valuations.•of prior'and future `service. liability vvith _ respect' to local miscellaneous members. and local safety members of said Retirement System. ~ ~ - 10. Public Agency-shall also contribLute to saitl Retirement System as follows: a. Coritribufions required per covered` member on account. of the 1959 Survivor Benefits provided .under Section 21,573 of said Retirement - Law. ~~ (Subject to annual change.) I;n 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 1_'959. Survivor Benefits provided under Section 2.1.574 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. 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 fhe employees. of Public Agency, not: including the costs of special valuations or of the perodc~investigation and valuations required by law.. .~:, .e _.. d, . A ~easonable~ .amount;: as fixed b.y the Board,.. payable in one installment as the occasions arise;; to cover the- costs of special - ~ - valuafions on accounfi of employees of Public Agency, and costs of he periodic investigation and `valuations required bylaw'. 11.. Contributions :required of Public Agency and its employees sha11 'be . subject°to adjustment by $oartl on account of amendments to.Ythe. Pub is . ~ Errnplo_yees' ~Refirement Law:=, and .on ~acco,unt of 'the .eXperience gander the Retirement S,yste_m: as determined by ,the :periodicinvestigation and . valuation required by said Retirement Law'. 12. ~Coritributions required of :Public Agency and. 'its employees shall be paid • - . kiy Publc..Age.ncy to the .Retirement Sysiem within fifteen. days after the end of the'period to which said contributions referor;as maybe prescribed by Board regulation. ;If more, or .less thane the .correct amount of :. .. contributions .is :paitl for •any ,period.,; ,proper adjustment shall bey made in .connection with subsequent remittances., .Adj'ustments' on account, of _ .errors ,in contributions required of:°'any employee may ,be ,made by direct payments, between the employee and; the :Board. .., B. This arnendment,shall be effeati~e on the day of ~ , .;~ .,:~ BQARD OF ADMINISTRATION , ~' C1TY COUNCIL _ PUBLIC EMPLQYEES' RETIR~Iyl~NT'.SYSTEM... CITY OF PETALUMA ,~,. ~~ BY -- BY _ _ KEN;N:ETH W.: MA'RZLE3N,'CHI'EF PRE:SIDING'OFFIGER' ,,_,~~ .._~ . ACTUARIAL &'EM;ErLOYER SERVICES DNI:SION: - . ~ .+ = ~= :, PUB'LIC;EMPLOYEES' R€TIREMENT.SYSTEM _ . ; j ;:F,, ~: _ Witness;'Date •..~:~ _ - r;_ , . . .Attest:: r {" ~ . ~~• e ~ r- , 1 ~.CLefE~ .AMENDMENT PERS`-CON=.702A (Rev. 8\96): ;~- • ' -•~.CALIFORNIA P~UBLLC :EI~iPL'OYEES' RETIREflAEIVT SY$TEIVI ~Actuanal antl Ernploye~ Services Division ~`PublieAgency Cgntract Services . ~P O:-'Box'94'2709 Sacramento, CA ~ 94229-2709 a (916) 326-3420 CERTIFICATION OF .COnAPLIAIVCE WITH GOVERNMENT CODE SECTION 7507 1 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by.the System ..Actuary and/or the increase in retirement'benefit(s) have been made publicat apublic meeting of the f'TTY C'f1i1NC:TT. Of the (governing body) CITY OF PETALLIl~IA (pub is agency) on APRIL 16, 2001 (date) Resolution /Ordinance which is at least two weeks prior to the adoption of the Clerk/Sec~etary CITY CLERK Title Date MAY 24.:200.1 PERS-.CON-12A (rev. 1•/96)