The URL can be used to link to this page

Home My WebLink AboutORD FOR INTRO 07-20-924A 'Mn ORDINANCE FOR INTRODUCTION NO. t, + 1-92 D I JULY 9, 1992 I n t e r- C o m, J WILLIAM A. HUSTON, CITY MANAGER TO: ADMINISTRATIVE SERVICES DEPARTMENT FROM: SUBJECT: ORDINANCE No. 1093, AMENDMENT TO CONTRACT WITH THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM RECOMMENDATION That Ordinance No. 1093 have first reading by title only and be introduced. BACKGROUND On July 6, 1992, the City Council adopted Resolution #92-48, a Resolution of Intention to amend the Public Employee's Retirement System (PERS) contract for members of the Tustin Municipal Employees Association (TMEA). Ordinance No. 1093 is the final step in the process required by State Code, and is pursuant to both Resolution #92-48 and the Memorandum of Understanding with TMEA. These actions will enable the City to amend its contract with PERS to provide the single highest year option for all miscellaneous employees. The City Attorney has reviewed and approved the Ordinance. All other requirements from PERS have been met, including the requirements of Government Code Section 7507. Government Code, Section 7507, requires the governing body to make public the cost implication of the proposed contract at a public meeting; this was done July 6, 1992, when the City Council passed Resolution No. 92-48. Introduction of the Ordinance this evening and adoption at the next City Council meeting will finalize the contract amendment in good faith in accordance with both Resolution #92-48 and the Memorandum of Understanding. Royl n White, Director Community and Administrative Services Attachment: Ordinance No. 1093 RAW/md RAN'4:0RD 1093.92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING AN AMENDMENT FOR MISCELLANEOUS EMPLOYEES 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 All, 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 ( 3 0 ) 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 3rd day of August, 1992. ATTEST: City Clerk Mayor EXHIBIT "A" AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN 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 August 1, 1967, and witnessed June 28, 1967, and as amended effective October 1, 1969, June 18, 1979, December 29, 1980, February 26, 1990 and October 5, 1992, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective October 5, 1992, 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. PLEASE DO NOT SK13N "EXHIBIT vNLY" 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 police members and local miscellaneous members only. 9. Public Agency, in accordance with Government Code Section 20740, 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 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. 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 effective on the ,19 BOARD OF ADMINISTRATION 4 PUBLIC EMPLOYEES' RETIREMENT SYST BY CHIEF, CONTRACT SERVICES:.WVISION PUBLIC EMPLOYEES' RETAKIENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 3/91) CITY COUNCIL OF THE CITY OF TUSTIN 0 BY Presiding Officer z4#�' Witness Date Lj Attest: Q 4 Clerk day of