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HomeMy WebLinkAbout78-33 City's Retirement BenefitsORDINANCE NO. 78--33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE ADOPTION OF AN AGREEMENT WITH AND INCORPORATION OF CITY'S NON -SAFETY EMPLOYEES RETIREMENT BENEFITS IN- TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS AN URGENCY ORDINANCE WITH REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Costa Mesa finds and declares as follows: THAT, WHEREAS, the Public Employees Retirement Law, California Government Code §20000 et seq. as amended [hereinafter referred to as "P.E.R.S."] provides a statewide system of fiscally sound retirement benefits for designated public employees; and WHEREAS, the City of Costa Mesa [hereinafter referred to as "CITY"] and its employees are permitted to participate in said SYSTEM in whole or in part as contract members; and WHEREAS, pursuant to said SYSTEM and its procedures the CITY COUNCIL OF THE CITY OF COSTA MESA [hereinafter referred to as "COUNCIL"] has complied with same by the adoption of Resolution No. 78- 73 concerning its intent herein; and WHEREAS, the CITY and COUNCIL has further complied with said SYSTEM in holding the necessary elections among its employees; and WHEREAS, said employees of CITY, except those employees designated as safety members under said SYSTEM, have voted to become members of said SYSTEM; and WHEREAS, said P.E.R.S. is governed and administered by the BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES RETIREMENT SYSTEM which is authorized to contract with CITY as herein contemplated; and WHEREAS, the COUNCIL finds and determines that its in- clusion and participation in said SYSTEM and contracting with said BOARD is for the general health, safety and welfare of the general public. SECTION 2: Accordingly, the COUNCIL does hereby amend the Costa Mesa Municipal Code by adding thereto §2-235 as follows: "§2-235 CONTRACT MEMBERSHIP WITH P.E.R.S. (a) The City Council finds and determines that its employees, except those employees designated as safety mem- bers have voted to participate in said P.E.R.S. in lieu of and as replacing CITY'S pre-existing retirement plan and that CITY'S and said employee's participation in said P.E.R.S. is financially sound and beneficial to the general health, safety and welfare. (b) That the CITY hereby adopts and agrees to participate in said P.E.R.S. pursuant to contract and California Government Code §20000 et seq. except as to safety members of CITY'S employees. SECTION 3: That this Ordinance incorporates by reference that certain contract between the BOARD and COUNCIL, authorized and executed by COUNCIL at its regular meeting of August 7, 1978 a copy of which is attached hereto marked Exhibit "A". That the effective date of participation is as set forth in said contract. However, that said contract need not be codified or included in said Municipal Code but copies made available for interested persons by the City Clerk. SECTION 4: This Ordinance is adopted as an Urgency measure pursuant to California Government Code §65858 and the reasons for said urgency are as follows: 1. That all necessary conditions precedent to entering into a contract with BOARD under said SYSTEM have been met and performed; and 2. That the required Resolution of Intention has been adopted on July 17, 1978. 3. That CITY had promised and agreed with its affected employees to implement and enter into such a contract on or about July 1, 1978 but was delayed due to enabling legis- lation which is now effective. CITY will hereby live up to its promised performance when this Ordinance becomes effective immediately. -2- SECTION 5: This Ordinance shall take effect and be in full force and effect immediately from and after its passage,and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of J, 1978. 1 / 1 10 Mayor of thd 'Cityl-of 'City-ofCosta Mesa ATTEST: C� Ci y Clerk of the City o Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) APPROVED AS TO FORM: i ttorney's Office APPROVED AS TO CONTENT: Director of Personne I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 78-3 3 was introduced and considered section by section at a regular meeting of said City Council held on the _Ft- day of , 1978, and thereafter passed and adopted as a whole at a r ular meeting of said City Council held on the Z9 day of , 1978, by the following roll call vote: AYES: COUNCIL MEMBERS: e��^'/ NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and ffixed the Seal of the City of Costa Mesa this __- day of , 1978. ��12444J Gi) Cit Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa -3- ORDINANCE NO. 78-33 AN ORDINANCE OF THE City Council _ of the Name of Governing Body City of Costa Mesa authorizing a Name of Public Agency CONTRACT BETWEEN THE City Council Governing Body AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Costa Mesa Name of Governing Body Name of Public Agency does ordain as follows: SECTION 1. That a Contract between the _ City Council Name of Governing Body of the City of Costa Mesa and the Board of Administration, Name of Public Agency California Public Employees' Retirement System is hereby authorized, a copy of said Contract 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 Title of Presiding Officer City of Costa Mesa is hereby authorized, empowered, and Name of Governing Body directed to execute said Contract for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect immediately after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Orange Coast Daily Pilot a newspaper of general circulation, published and Costa Mesa Public Agency be in full force and effect. Adopted and approved this Attest: PERS-CON-11 (Contract) (3/78) Name of Newspaper circulated in the City of Name of and thenceforth and thereafter the same shall 7th day of August, 1978 . ttrehidine OTYTETHI CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE: August 8, 1978 PUBLIC EMPLOYEES RETIREMENT SYSTEM P. 0. Box 1953 Sacramento, California 95809 I hereby certify: That the City Council of the City of Costa Mesa Governing Body Public Agency adopted on August 7, 1978 , by an affirmative Date vote of a majority of the members of said Governing Body, Ordinance Ordinance or Resolution No. 78-33 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 in the form Ordinance or Resolution furnished by said Board of Administration being attached hereto. PERS-CON-5 (Rev. 3/78) pp Clerk City of Costa Mesa Name of Agency CONTRACT BETWBEN THE BOARD OF ADMINISTRATION PUBLIC M1PLO'1FBS' RMIREHM SYSTzK AND THE CITY COMICIL OF THE CITY OF COSTA ?MESA In consideration of the covenants and agreement hereafter contained and on the part of both parties to be kept and performed, the governing body of above public agency, hereafter referred to as "Public Agency", and the Board of Administration, Public Employees' Retirement System, hereafter referred to as "Board", hereby agree as follows: 1. All words and terms used herein which are defined in the Public Smployeess Retirement Law shall have the weaning as defined therein unless otherwise specifically provided. "Normal retirement age" steal mean age 60 for miscellaneous members. 2. Public Agency shall participate in the Public Baployeesc Retirement System from and after August 13, 1978 , malting its employees as hereinafter provided, members of said System, subject to all provisions of the Public Employees' Retirement Law except such as apply only an election of a contracting agency and are not provided for herein and to all its to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Rrpl.oyeas of Public Agency in the fallowing classes shall become cambers of said Retirement System except such in each such class as ars excluded by law or this agreements a. Smployees other than local safety members (herein referred to as miscellaneous members) . In addition to the classes of employees excluded from nembership by said Retirement Law, the following classes of employees shall not become numbers of said Retiremsent Systems NO ADDITIONAL ZZ=IOKS 4. The fraction of aero percent of final compensation for each year of creditable prior service and the fraction of 1002 of final compensation for each year of accumulated current service as a miscellaneous member stall be determined in accordance with Section 21251.13 of said Retirement Law. Service credited under local system of Public Agency prior to the effective date of contract shall be treated as current service in accordance with Section 20990.7 (22 at age 60). Coli -702-1 PAGE ►, EX N /aiT "All t R 5. The following additional provisions of the Public Raployess' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employeese a. Section 20024.2 (defining "final compensation" on the basis of average compensation earnable during the year Immediately preceding retirement or any other one year period elected by the member). b. Section 20862.8 (prodding service credit at retirement for unused sick leave). . 6. Public Agency, in accordance with Section 20759.1 Government Code shall not be considered an "employer" for purposes of Chapter 6 of the Public Eaployess' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Government Code, and such contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 7. Public Agency shall contribute to said Ratiremont System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as allcollansous members of said Retirement Systeme (1) 7.758 percent on account of the liability for current service benefits. b. A reasonable amount per annum, as fixed by the Board 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 periodical investigation and valuations required by law. c. A reasonable amount as fixed by the Board, payable in one installment as the occasions ariseq to cover the costs of special valuations on "count of employees of Public Agency, and costs of the periodical investigation and valuations required by law. 8. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public 8mployess' Retirement Lav, and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Lowe 9. Contributions required of Public Agency and its employees shall 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 remittanaes, or adjustments on account of errors In contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. PI}G a, 7oz-2 F -KH 18rr OA,%CO �- Witness our hands this7th. day of I August �. 39�. ./1 Y 1-I. Y Yom/ M ■ � BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEESt RETIREHFNT SYSTEM OF THE CITY OF COSTA HESA Approved as to forma Lejal Office* ?In -7 0 BY/ Presiding Offi6ei Attests ATTORNEY CON -702-3 PACE 3, EX (418 / T ')A" STATE OF CALIFORNIA—BOARD OF ADMINISTRATION EDMUND G. BROWN JR., Governor PUBLIC EMPLOYEES' RETIREMENT SYSTEM 1416 NINTH STREET, P.O. BOX 1953 ei SACRAMENTO, CALIFORNIA 95809 Telephone (916) 445-6570 Reply to Section 021 September 19, 1978 Mr. William F. Todd Personnel Director City of Costa Mesa P. 0. Box 1200 Costa Mesa, Ca. 92626 Dear Mr. Todd: The contract between your agency and the Public Employees' Retirement System has been executed by our office. We are enclosing a copy of the executed contract for your files. / r Ellen H. Baltezore, Chief Contracts Division Enclosure PERS-CON-31 (Rev. 7/78)