The URL can be used to link to this page

Home My WebLink AboutOrdinances 1995 12/04/1995~~~~~ ~~~~ ~~ ~~~~~~~~~ J~N w 3 ~~~~ ORDINANCE NO. 1995 NCS INTRODUCED BY: SECONDED BY: Councilmember Matt Maguire Councilmember Carole Barlas AN ORDINANCE AUTHORIZING AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT PURSUANT TO MOU FOR U1vITS 6, 7, AND 10 POLICE AND FIRE 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 exeeute 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. 1995 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 6th day of November, 1995. ADOPTED this 4th day of December , 1995, by the following vote: AYES: Hamilton, Stompe, Maguire, Read„ Vice Mayor Shea, Mayor Hilligoss Noes: None Absent: Barlas ~"~/(,. ~~ M. Patricia Hilligoss, Mayor ATTEST: APPROVED AS TO FORM: ~ ~~~~~~~ , Patricia E. Bernard, City Clerk Richard Rudnansky, City Attorney c: \winword\ord\pers. doc 12/4/95 peb Ord. 1995 NCS Page 2 of 2 pages EX I~IT AMENDMENT TO CON~"RACT BETWEEN THE BOARD OF ADMIIVISTRATION OF THE PUBLIC EMPLOYEES' RETIREMEN'T SYSTENd AND T~IE CITY COUNCIL OF THE CITY OF PETAL~JMA The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of 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 l, 1965, April 1, 1969, January 1, 1974, November 1, 1980, 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. Paragraphs 1 through 12 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 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 60 for local 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 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 on 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 ciass 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 refened 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 ADDITIONAL EXCLUSIONS PLEAS~ DO f~lC( ~("v~a "~nt-I1BIT O~I~Y" 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 21251.13 of said Retirement Law (2 % at age 60 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 deternuned in accordance with 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 local miscellaneous members only. b. Section 21222.1 (Special5 % Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Section 20024.2 (One-Year Final Compensation). d. Section 20862.8 (Credit for Unused Sick Leave). e. Section 21223 (Special Increase) for or on behalf of those local miscellaneous members who retired or died prior to January l, 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 21380) 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 on November 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System the contributions deternuned 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 Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.00 per member, per month on account of the liability 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. 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. 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 deternuned 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 enors 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 ~ , 19 BOARD OF ADMIIVISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM ~1~,-9 BY ~'F CHIEF AC~L7 RY ACTUARIAL CE PUBLIC EMPL ~F~S' RETIREMENT SYSTEM `'c ~ ~F ~y~~/ ~O ~l`.~ CITY COUNCIL OF THE CITY OF~TALUMA ~ sF BY Presiding O c r ~~ J^' JVA Witness Date Attest: ~~~ ~~ ~~ l~~ Clerk AMENDMENT PERS-CON-702A (Rev. 3/95)