HomeMy WebLinkAbout17 AMEND PERS 05-15-95,ATE:
MAY 15, 1995
NO. 17
5-15-95
Inter-Com'
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1151, AMENDMENTTOP~BLIOEMPLOYEESRETIREMENT
SYSTEM CONTRACT
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1151
(roll call vote). .~ ~
BACKGROUND:
The following Ordinance No. 1151 had first reading by title only and
introduction at the May 1, 1995 City Council meeting:
ORDINANCE NO. 1151 -AN ORDINANCE OF THECITYCOUNCIL OF THECITY OF
TUSTIN, CALIFORNIA, AUTHORIZINGANAMENDMENTTOTHECONTRACTBETWEEN
THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THECALIFORNIA PUBLIC EMPLOYEESRETIREMENTSYSTEM
Valerie Crabill --
Chief Deputy City Clerk
ORDINANCE NO. 1151
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AN ORDINANCE OF THE CITY COUNt. OF THE CITY OF
TUSTIN, CALIFORNIA AWI~ORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
~ CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
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The City Council of the City of Tustin hereby ordains as follows:'
Section 1. That an amendment to the contract belween the City Council of
the City of Tustin and the Board of Administration, California Public. Employees'
Retirement System is hereby.authorized, a copy ofsaid 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 the City
of Tustin.
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Section 3 This Ordinance shall take effect thirty 00) days after the date of
its adoption, and prior to the expiration of thirty 00) days from the passage
thereof shall be published at least once in The Tusfin News, a newspaper of
general circulation, published and circulated'in the City of Tusfin and thenceforth
and thereafter the same shall be in full force and effect
PASSED AND ADOPTED, at a regular meeting of the City council for the
City of Tustin on this 15th day of May, 1995.
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Jim Potts, Mayor
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27 Mary Wynn, City Clerk
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETiREM~.NT SYSTEM
CITY COUNCIL
OFTHE
CITY OF TUSTIN
EXHIBIT
The Board of Adminis~ ' tration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing b0~y of above public agency, hereinafter referred to as Public Agency, having entered
into a contract 'effective August l, 1967, and witnessed October l, 1969, and as amended effective
October l, 1969, June 18, 1979, December 29, 1980, February 26, 1990, October $, 1992 and
December 28, 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 December
28, 1992, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:
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All words and terms used herein which are defined in the Public Employees' Retirement
Law shall have thc 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.
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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 provisiom 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.
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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);
Ix)cai Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as local
miscellaneous members).
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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. PERSONS COMPENSATED ON AN HOURLY BASIS.
NOT' SIGN" "'EXHIBIT ONLY.#
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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).
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).
The percentage of final compensatiOn to be provided, for each year of credited prior and
current service a~ a local police member shall be determined in accor~ce with Section
21252.01 of said Retirement Law (251; at age 50 Full).
Public Agency elected and elects to be subject to the following optional provisions:
a.
Section 21382 (Basic Level of 1959 Survivor Benefits) pursuant to Article 6
(commencing with Section 21380) for local fire members.
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Section 20024.2 (One-Year Final Compensation) for local police members and
local miscellaneous members only.
Section 21382.5 (Fourth Level of 1959 Survivor Benefits) pursuant to Article 6
(commencing with Section 21380) for local police members only.
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.
Public Agency shall contribute to said Retirement System the contributiom determined
by actuarial v~uations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
Public Agency shall contribute $8.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.5 of said
Retirement Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local police members.
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A reasonable amount, as fixed by the Board, payable in one installment within
60 days 6f 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.
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.
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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. Adjusunents 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
day of ,19 ..
BOARD OF ~~qlSTRATION
PUBLIC EMPLOYE~' RETIREMENT SYSTEM
BY %'/~On/~'~.d'
CHIEF ACTUARY ' ~' -.,
ACTUARIAL OFFICE ~-~
CITY COUNCIL
OF THE
CITY OF TUSTIN -O
Presiding Officer
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 3/95)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial Office'
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify lhat in accordance with Section 7507 of the Government Code the future
annual costs as determined by the System Actuary and/or the increase in retirement
benefit(s) have been made public at a public meeting of the.City of Tustin, governing
body, of the City of Tustin on May 1, 1995 which is at least two weeks prior to the
adoption of the Ordinance.
Mary Wynn, City Clerk
Date·'