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HomeMy WebLinkAboutOrdinance 1866 N.C.S. 09/16/1991ORD. 1866 NCS Introduced by Council Member Seconded by Vice Mayor Nancy Read Lynn Woolsey AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PETALUMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1., That an amendment to the Contract between the City Council of the City of Petaluma and the Board of Administration, California Public Employees' Retirement System is ' hereby authorized. Said amendment relates to Military Service Credit as Public Service post -retirement survivor allowance for local miscellaneous personnel only. A copy of said amended contract is attached thereto, marked "Exhibit A" , and by such reference is made a part hereof as though it were set out in full. Section 2. The Mayor of the City of Petaluma is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. Section 3. This ordinance shall take effect on January 1, 1992 and shall be published one tune in the, Argus--Courier. Introduced and ordered published this 19th day of August, 1991. Adopted this vote: 16th day of September , 1991 by the following AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss unF.q- None ORD. 1866 NCS AMENDMENT TO CONTRACT BETWEEN THE - BOARD OF' ADMINISTRATION OF TILE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PETALUMA 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 1, 1965, April 1, 1969, January 1, 1974, November 1, 1980, November 1, 1981, July 1, 1982, January 1, 1987 and December 28, 1987, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective December 28, 1987, 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. 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). dkD -I$ 4.6(13 PLEASE o NOT SIGN „EXHIBIT ONI' ., 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 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 determined in accordance with Section 21252.01 of said Retirement Law (2 % at age 50 Fuld). 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. 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 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 for local miscellaneous members only. 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 determined by ,actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 01D IV,�, Af(,S r .. t 10. Public. Agency shall also contribute to said Retirement System as follows: a. 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. b. 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 Prequired 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. 4, B. This amendment shall be eke t ve on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREWNT SYSTEM OF THE q0 CITY OF PETALU MA 0 BY CHIEF, CONTRAC RVICES DIVISION PUBLIC EMPLO 'S' RETIREMENT SYSTEM I PERS-CON-702 (AMENDMENT) (Rev. 3/91) BY Presiding Officer Witness Date ON, Attest: Clerk