HomeMy WebLinkAboutORD 1041 (1990) ORDINANCE NO. 1041
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 i: 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 apart
hereof as though herein set out in full.
Section ~: The Mayorof the City Council is hereby
authorized, empowered, and directed to execute said amendment
for and on behal·f 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
15th day of January , 1990.
Mayor ~
ATTEST:
O
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF TAE
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 and December 29, 1980, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective December 29, 1980, and hereby replaced by the following
paragraphs numbered 1 through 12 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 50 for local
police members in the Administrative and Management Group only and age
55 for all other local safety 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. PERSONS COMPENSATED ON AN HOURLY BASIS.
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 (2g at age 60 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as local safety members, except
local police members in the Administrative and Management Group, 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 in the
Administrative and Management Group shall be determined in accordance
with Section 21252.01 of said Retirement Law (2$ at age 50 Full).
8. 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. 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 in the
Administrative and Management Group 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 E~rovided 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 as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 5.955 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 16.664 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
c. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, rrot including the costs of special valuations or
of the periodic investigation and valuations required by law.
d. A reasonable amount, as nixed by the Board, payable in one in-
stallment 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.
11. Contributions required o1 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.
12. Contributions required oi' 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 26th
February ly 90 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
day of
CITY COUNCIL
OF THE
CITY OF TUSTIN
BY -2 ~~~~~~~1 2-
Presiding Officer
-~-.~ /S / S F a
Witless Date ~~
Attest:
~~
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1041
SS
MARY 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 the members of the City Council of the City of Tustin is
four; that the above and foregoing Ordinance No. 1041 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the 2nd day of January, 1990, and was given its second reading
and duly passed and adopted at a regular meeting held on the 15th day
of January, 1990, by the following vote:
COUNCILMEMBER AYES: Edgar, Kennedy, Kelly, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary E. Wy City C1 rk