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Home My WebLink AboutOrdinance 2007 N.C.S. 04/01/1996~ AY 1 1996 ORDINANCE NO. 2007 NCS INTRODUCED BY: SECONDED BY: Mary StomRe Matt Maguire AN ORDINANCE AUTHORIZING AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT PURSUANT TO MOU FOR UNIT 6, PETALUMA POLICE OFFICERS ASSOCIATION BE IT ORDAINED by the City Council of the City of Petaluma as follows: Section 1. That an amendment to the contract between 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 of the City Council of the City of Petaluma is hereby authorized, empowered, and directed to execute said amendment for and an behalf of said City. Section 3. This ordinance shall take effect thirty days after the date of its adoption, and prior to the ordinance adoption, it shall be published one time in the Argus Courier, a newspaper of general circulation, published and circulated in the City of Petaluma. Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision 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. Ord. ?007 NCS Page 1 of 2 pages Section 5. The City Clerk is hereby directed to publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered published this 4th day of March,. 1996 ADOPTED this day 1st of A ril, 1996, by the following vote: AYES: Maguire, Stouipe, Shea, Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: Hamilton, Read ATTEST: APPROVED AS TO FORM: Patricia E. Bernard, City Clerk Richard Rudnansky, Ci~ orney c: \winword\ord\pers. doc 4/1/96 Ord. ?007 NCS Page 2 of 2 pages . ~, ~, AIi~TENDIVIENT TO CONTRACT ~E'I'.VVEEIV TIRE, BOARD' O)~ .4mMIIVISTRATION OF ' PUBLIC Eil~"LOXEES' RE _ SYSTEM AND TIES :CITY COUNCIL. OF "I'fIE CITY OF `PE`I`ALUI~TA The. Boazd of Administration; Public Employees' Retirement System, ;hereinafter referred to as Board, and the~gogerning body of above`pubIic~agency, hereinafter: referred to as Public Agency; having entered into "a contract effective January 1, 1950, and witnessed.. October 1`8, 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, 1-980, November 1, ,1981, July 1, 1982, January 1, 1987, December 28, 1987 and January 1, 1992, which provides for participation of'Public Agency in said System, Board' "and Public Agency hereby agree as follows: , A. Pazagraphs 1 through T2 are hereby stricken from said contract. as executed effective January 1, 1992; -and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and'terIDS~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`60 for locai miscellaneous. members and age 50 for local safety members. 2. Public Agency shall. participate in the Public Employees' Retirement System from and after January 1, 1950 malting; :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 fiereafter enacted except'those,. which'by express provisions thereof, apply only on they 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 membersj. 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 ADDI'T'IONAL EXCLUSIONS a:~ ~ ad 0-1 IJ C S . . PLEASE DO NCT S1u1U "EXHIBIT ONLY° 5. The percentage of`finai compensation to be provided,for'each year of credited priorand current service as a,local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. Therpercentage of final compensation to :be provided for each year. of credited prior and current service as a Local safety, member shall be deternniaed in accordancewith,Section 21252.01 of said Retirement Law (2;% at age 50 'Full): 7. Public Agency elected and elects. to be subject to the. following optional provisions: a. Section 21382 (Basic Level of 1959 'Survivor Benefits) pursuant to Article 6. (commencing with Section 21380) for locale miscellaneous members only. b. .Section 21222.1 ,(Special S% Increase -1970). h.egislation~repealed said Section effectiyc`January 1, 1980. c. Section 20024.2'(One-Y.ear,Final Compensation). d. Section 20862.8 (Credit for Unused. Sick I:eave). e. ..Section 21223 (Special Increase) fore or ;on behalf of `those local miscellaneous members who retired or died prior to January 1, 1975. f. Sections 21263.,. 21263;1 and-21263.3 (Post-Retirement Survivor Allowance) for local .fire members only. ~ . g. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. h. Section 21382.4 (Third Level of 1959. Survivor Benefits) pursuant to Article 6 (commencing; with-Section 2.1380) for'local safety`members only. 8. Public ;Agency,.. in accordance with Government Code Section-, 20740, ceased to be an "employer"' for-purposes,of Section°20759 effective onNoveinber 1,.1980. Accumulated contributions of Public Agency shall be fized,and determined as provided in Government Code Section 20759,.and accumulated contributions thereafter"shall be, held by the Boazd as provided.in Government Code Section 20759. 9. Public Agency s~i'_ 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. 10. Public Ageticy shall also contribute to said Retirement System as follows:, a. Public Agency shall.contribute $2.00 per. member, per month on,account of the liahility for the 1959 Survivor Benefits provided under Section;21382.4 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. U2 ~ a o0~ f~. , , b. 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. c. 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 imvestigation and valuations required by law. _. 11. Contributions required of~Public Agency.and:its,employees.shail:be subject,to adjustment by Board ,on account of `amendments to the Public Employees' Retirement Law, and .oa 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. ff. 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 empployee maybe made by direct payments between the employee and the Board. ~ . _ B. This .amendment shall be effective, on the _ ~ day of , 19. . ;~ BOARD. OF ADMINISTRATION :~ ~: ~ CITY COUNCIL PUBLIC EMPLOYEES' R~~NT SYSTEM :' ~ OF`THE ~ ~ lF CITY OF~TALUMA F - ,9s F 9s ~` BY BY c CHIEF A Y Presiding; O :. c r ACTUARIAL . CE PUBLIC EMPL ~ ' RETIREMENT SYSTEM ~O~ cti , F~~, Witne s I)'ate s /~~~ s ~ ~ ~~ ~~ 1~~. Attest: ~ o'l~ ~~~ Clerk AMENDMENT PERS-CON-702A (Rev. 3/_95)