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Home My WebLink AboutORD INTRO AMEND PERS 03-02-92AI n r 1�, A I I FEBRUARY 12, 1992 WILLIAM A. HUSTON, CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT ORDINANCE FOR INTRODUCTION 3-2-92 ORDINANCE NO. 1081, AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUSTIN AUTIIORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM RECOMMENDATION: That Ordinance No. 1081 have first reading by title only and be introduced. BACKGROUND: On February 18, 1992, the City Council adopted Resolution No. 92- 31, a Resolution of Intention to amend the PERS contract for Police Officers. Ordinance No. 1081 is simply the final step in, the process required by State Code, and is pursuant to both Resolution No. 92-31 and the Memorandum of Understanding, approved December, 1990. Resolution No. 92-31 and this Ordinance will enable the City to amend its contract with the Public Employees' Retirement System (PERS) to provide single highest year option and "two percent at 50" for all sworn employees. The City Attorney has reviewed and approved the Ordinance. All other items required by PERS have been met including the requirement of Government Code Section 20461.5 and Government Code Section 7507. Introduction of the Ordinance this evening and adoption at the next meeting will execute the contract amendment in good faith in accordance with both Resolution No. 92-31 and the Memorandum of Understanding. ettie M. Correa, Acting Director Administrative Services BMC/md RAW4:0R1)1081A.MEM Attachment: Ordinance No. 1081 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' i 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Tustin does ordain as follows: Section 1: That an amendment to the Contract between the City Council of the City of Tustin 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 is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3: This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of thirty (30) days from the passage 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 thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Tustin, California, held on the 16th day of March, 1992. Mary E. Wynn, City Clerk Charles E. Puckett, Mayor r-. i AMENDMENT TO CONTRACT - BETWEEN THE BOARD OF ADMINISTRATION OF THE �Q PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL r OF THE CITY OF TUSTINL Pr <� y� The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Bo�, and the governing body of above public agency, hereinafter referred to as Public Agency, having enter&l into a contract effective August 1, 1967, and witnessed June 28, 1967, and as amended effective Octobe v.. 1, 1969; June 18, 1979, December 29, 1980 and February 26, 1990, 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 February 26, 1990, and hereby replaced by the following paragraphs numbered 1 through 13 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, age 55 for local fire members and age 50 for local police members. 2. Public Agency shall participate in the Public Employees' 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 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 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). 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: a. PERSON COMPENSATED ON AN HOURLY BASIS. FL -EASE DO NOT 51GP4 "'EXHIBIT ONLr 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 fire member shall be determined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. 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) for local safety members. b. Section 20024.2 (One -Year Final Compensation) for local miscellaneous members and local police members. 9. Public Agency, in accordance with Government Code Section 207.40, ceased to be an employer for purposes of Section 20759 effective on June 18, 1979. 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. 10. 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. 11. 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 o 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. 12. 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 determined by the periodic investigation and valuation required by said Retirement Law. 13. 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. B. This amendment shall be a e on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIRE NT SYSTEM OF THE CITY OF TUSTIN -� BY BY CHIEF, CONTRAC_ RVICES DIVISION Presiding Officer PUBLIC EMPLO 'RETIREMENT SYSTEM • t1k Witness Date Q Attest: mak, Q Clerk PERS-CON-702 (AMENDMENT) (Rev. 3/91)