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Home My WebLink AboutORD 800 (1979) ORDINANCE NO. 800 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING 2 AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION 5 OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 4 5 The City Council of the City of'Tustin does ordain as follows: 6 7 1. That an amendment t~ the Contract between the City Council of the City of Tustin and the Board of 8 Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment 9 being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein s~t out. in full. 11 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and 12 on behalf of said Agency. 3.. This Ordinance shall take effect 30 days after the 14 da~e of its adoption, and prior to the expiration of 14 days from the passage thereof shall be published at least once 15 in the Tustin News, a newspaper of general circulation, published and circulated in the City of Tustin and 16 thenceforth and thereafter the same shall be in full force and effect. 17 ADOPTED AND APPROVED at a regular meeting of the 18 City Council of the City of Tustin, California, held on the 7th day of May , 1979. 20 2.1 22 MAYOR ATTEST: 25 ~~""'~"~,,--.-F-- 26 CITY CLERK 50 51 Exhibit A AMEND].~-NT TO CONTRACT BETWEEN THE BO~ OF ~i-~NIST~TION PBLIC ~'~LOYEES ' RETIE~ SYST~i . . EqD T~ OF THE ~e Board of A~inisnration, Publi~ Employees' Retirement System, herein- after referred to as "Board", and the governing body of' above public agency, herei~fter referred to as ."Public Agency", ~ving entered into a contract ~der date of J~e 28, 1967, effective August 1, 1967, and as amended effective October t, 1969, which provides for participation of Public ~ency ~ said System, Board and Public Agency hereby agree as follows: -A. Paragraphs 1 th=ough 11 are hereby stricken from said contract as ~ecu~ed effective October 1, 1969, ad hereby replaced by the folb~ng pa=agraphs n~ber 1 through t0 inclusive: I. ~! words and te~s used heroin which are defined in the Public ~byees' Retir~ent Law s~!l have the meaing as defined therein ~less o-=heNise specifically provided. "~Xomal retirement age" s~lI ~n age 60 for ~scellaneous members ad age 55 for local ~fe~y m~mbers. 2. Public Agency s~ll participate in the Public Employees' Retirement S~t~ from and after AuSus~ 1,196~, makinS its ~ployees as hera~ter provided, members of said~ Syst~ subject to all provisions of ~ha hblic Employees' Ratir~ent L~ except such as apply only on ~ectio~ of a contractinS agency ~d are not provided for hereh ~d ta-all ~endmants to said La~ hereafter enacted except such as by ~p'ress provisions thereof apply o~y on the election of contracting 3. ~pioyees of Public Agency h the fo!lo~nE classes shall become .~b-ers of said Retirem~t System except such in each such c~ss as are ~cluded by law or this agreement: a. b~ Fir~en (here~ referred to as Io~1 safety members) b. b~! Po!ic~en (heroin referred to as local safety members); c. ~!oyees other than local safety m~bers (heroin refer~d to ~scellameous members). ~ additiom to the classes of ~ployees excluded from membership by ~d Retirement Law,. the follo~ng classes of ~ployees slmlI not become members of said Reti~ment System: 5XCL~E PERSONS CO>~SATED ON ~ HOlY BASIS. C0N-702-I Exhibit A ~ The fraction of final compensation to be provided for each year of credited prior a~d current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement < Law (2%.at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Sectiou 21252.1 of said Retirement Law (One-half pay at age 55). · 6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its .employees: a. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). b. Section 20983.6 (providing that miscellaneous members attaining age 70may continue in employment irrespective of age as members of said System upon certification of the member's competence by Public ~gency). 7. Public Agency, in accordance with Section 20740, Government Code, shall cmse to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this _~mendment to this contract.. Accumulated contributions. of Public Agency as of the date of such amendment shall be fixed and ( determ_~!ned as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Goverm~ent Code. 8. Public Agency shall contribute to said Retirement System as fallows: ao Wi=.h respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (!) 0.378 percent ~mtil June 30, ~000 on account of the liability for prior service benefits. (2) 9,800 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: (1) 0,785 percent until June 30, 1987 on account of the liability for prior service benefits. (2) 11.524 percent on account of the liability for current service benefits. CON-702-2 / 11 ., ' ' Exhibit A C- A reasonable amount per annum, as fixed by the Board to cove, r the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuations required by law. d.. 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 AF..ency. and costs of the periodical investigation and valuations required by law. 9. Contributions required of Public Agency and its emp167ees shall be subject to adjustment by Board on account of ~mendments to the ~ Public Employees' Retirement Law, and on account of the experience under the Retirement System ~ determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shaI1 i be paid by Public Agency to the Retirement System within thirty 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, or adjustments on accot~lt of errors in contributions required of any employee may be made by direct cash pa}~en~s between dxe employee and the Board. Payments by Public Agency to Board may be made in the form of ~rrants, bank checks, bank drafts. certified checks, money orders, or cash. B. This amen~en= slyall be attached to said contract and shall be effective on the . day of ..- . 19 Witness our b~nds this . day of .- ' , 1~_ BOAPd] OF A~Ni~TION CiTY COIFNCIL ' OF PUBLIC ~.~LOYEES F, ETIE.'~.NT SYSTE. I~/~:.I:,./~ CITY OF TUSTIt:I Approvad as to form: .,,~,'.:'-;/.,.',.~ Legal Office, PERS ,.~.~e~ -. CON-702-3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-offici~ 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 foregoing Ordinance No. 800 was duly and regularly introduced and read at a regular meeting of the City Council held on the 16th day of April · 1979 and was given its second reading and duly passed and adopted at a regular meeting held on the 7th day of May , 1979, by the following vote: AYES:' COUNCILMEN: SCHUSTER, SHARP~ SALTARELLI, WELSH, KENNED~ NOES: COUNCILMEN: NONE ' ' ABSENT: COUNCILMEN: NONE City C!erk~in~~ia Publish Tustin News May 17, 1979 CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE• May 9, 1979 PUBLIC EMPIAYEES RETIREI~3V'P SYSTEM P. o. Box 1953 Sacramento, California 95809 I hereby certify: That the City Council of the City of Tustin, Governing Body Public Agency California adopted on May 7, 1979 , by an affirmative Date vote of a majority of the members of said Governing Body, Ordinance Ordinance or Resolution No. 800 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance No. 800 in the form Ordinance or Resolution furnished by said Board of Administration being attached hereto. Chief De ty City~Clerk City of Tustin, California 2Jame of Agency PERS-CON-S (Rev. 3/78)