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HomeMy WebLinkAboutORD 840 (1980) ORDINANCE NO. 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY 1 OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIF- ORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 3 The City Council of the City of Tustin does ordain as follows: 4 SECTION 1. That an amendment to the Contract between City Council of the City of Tustin and the Board of AdministratiOn, California Public Emp- loyees' 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. 8 SECTION 2. The Mayor of the City Council is hereby authorized, en- powered, and directed to execute said amendment for and on behalf of said 9 Agency. SECTION 3. This Ordinance shall take effect immediately after the date 10 of its adoption, and prior to the expiration of 7 days from the passage 11 thereof shall be published at least once in the Tustin News, a newspaper of general circulation, published and circulated in the City of Tustin and 1Z thenceforth and thereafter the same shall be in full force and effect. ADOPTED and approved this 15th day of December, 1980, as an urgency ordinance. 15 16 17 ~0 ~8 A~NDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREmeNT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public' sgency, hereinafter referred to as Public Agency, having entered into a contract under date of June 28, 1967, effective August 1, 1967, and as amended effective October 1, 1969, and June 18, 1979, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs I through 10 are hereby stricken from said contract as executed effective June 18, 1979, and hereby replaced by the following paragraphs numbered 1 through 10 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 and age 55 for local safety members. 2. Public Agency shall participate in the PublicEmployees' Retirement System from and after August 1, 1967 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 such as by express provisions thereof apply only on the election of contracting agencies. 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 Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membershiu by said Retirement Law, the following classes of employees shall not become members of said Retirement System: PERSONS COMPENSATED ON AN HOURLY BASIS. 4- The fraction 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 Lsw (2% at age 60). 5- The fraction of final compensation to be provided for esch year of credited prior and current service as a local safety member shall be determined in accordance with'Section 21252.1 of said Retirement Law (One-half pay at age 55)- 6. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a- Section 20952-5 (Age 50 voluntary retirement) for local safety members only- b. Section 20983-6 (Waiver of age 70 retirement) for local miscel- laneous members only. c- Sections 21380-21388 (1959 Survivors Program), for local safety members- 7- Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on June 18, 1979- Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code- 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con~ tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0,313 percent until June 30, 2000 on account of the liability for prior service benefits- (2) 9.2'21 percent on account of the liability for current service benefits. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (I) 0,938 percent until June 30, 1987 on account of the liability for prior service benefits- (2) 11-554 percent on account of the liability for current service benefits. c. A reasonable amount per annura. ,'~s Fixeel by the Board to covet the costs of administering said System as i~ affects ~he employees of Public ~gency. .o~ includin~'~ th,, r'os~s of special valuations or of the periodic investigation r, nd vala~ions required by d. A reasonable amoun~ as Fixed by ~he Board~ payable in one install- ment ~s ~he occ-~sions arise. to cover the costs oF special tions on ~ccoun~ oF employees oF Public Agency. and costs of ~he periodic inves~Fi~ion and v~lu~-,tions required by la~. 9- Contributions required of Public A~er~cy 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 periDdic investigation and valuation required b.V said Retiremen~ Law. 10. Contributions requi.':'~.d of Public A,~ff~r~cy and its employees shall be paid by Public Agency to the Retiz'ement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board re~tation. If more or less than the correct amount of contributions is pnid 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 ~mde by direct cash p~yments between' the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be :.~;tached to said nonreact and shall be effective on the _ '29th. ....... dr~y of ....... DecejF?jer , ~ ~? 80. Witness our hands the 15th day of December ~980 BOARD OF ADMINISTRATION CI'DY COU.~,~CIL PUBLIC EP..~LOYEES' RETIREMEN':~~ ~:YSTEr.~ OF THE CITY OF TUSTIN ~- Carl J. Blechinge~,' Execu't.Y'Ye O~ficer P~esiding~i~er "" Approved as to form: Attest: - -; e :a . Bes.~me~, Legal Of Clerk rice, Date STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) b~RY E. WYNN, City Clerk.and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and fore- going Ordinance No. 840 was duly and regularly introduced and read at a regular meeting of the City Council held on the 15th day of Deer , 1980, and was given its second reading and duly passed and adopted at a regular meeting held on the i5th day of Decenker , 1980, as an urgency measure by the following vote: AYES : COUNCII.MEN: Saltarelli, Edgar, .Hoesterey, Sharp, Kennedy NOES : COUNCII-~MEN: None ABSENT: COUNCII~vZ~N: None City of Tustin, California PUBLISH TUSTIN NEWS: December 25, 1980