Loading...
HomeMy WebLinkAbout79-11 Non-safety Employees Retirement Benefits with Public Employees' Retirement SystemORDINANCE NO. 72-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE ADOPTION OF AN A1ff2Z 1ENT TO THE CITY'S NON -SAFETY EMPLOYEES RETIREMENT BENEFITS WITH 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 520000 et seq. as amended (hereinafter referred to as "F.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 non -safety employees participate in said SYSTEM 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. 79-67 con- cerning its intent herein; and WHEREAS, the COUNCIL finds and determines that amending the provisions of its contract with said Board for participation in said SYSTEM is for the general health, safety and welfare of the general public. SECTION 2: Accordingly, the Council does hereby amend said con- tract and this Ordinance incorporates by reference said amended contract between the BOARD AND COUNCIL, authorized and executed by COUNCIL at its regular meeting of July 2, 1979 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 in- cluded in said Municipal Code but copies made available for interested persons by the City Clerk. SECTION 3: This Ordinance is adopted as an Urgency measure pur- suant to California Government Code 565858 and the reasons for said urgency are as follows: 1. That all necessary conditions precedent to amending the contract with BOARD under.said SYSTEM have been met and performed; and 2. That the required Resolution of Intention has been adopted on June 4, 1979. 3. That CITY had promised and agreed with its affected employees to implement and amend such contract. CITY will hereby live up to its promised performance when this Ordinance becomes effective imnediately. . SECTION 4: This Ordinance shall take effect and be in full force and effect inmediately from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be pub- lished once in the Orange Coast Daily Pilot, a newspaper 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 , 1979. ayor of the'City bt sta Mesa ATTEST: APPROVED AS TO FORM: City Clerk of the City of y At Of ice Costa Mesa APPR)OV®EDQ AS TO CONTENT: Director of Personnel' 2•W STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) 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. '7f-/ I was introduced and considered section by section at a regular meeting of said City Council held on the JU4day of , 1979, and thereafter passed and adopted as a whole a a r ular meeting of said City Council held on the ay of 1979, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: `�c.�. IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 1979. I AJ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa - 3 - A`'Z D;1E7 TO CCINTRACT PE7X'FD' TFE BOAPP Cc ADS INT STFATI0t! PUPLTC E11PLOY'✓ES' RFTIfiF.-IENT SY-57FM p„ THS CITY CCU`ICIL OF THE CITY OF COSTA MESA The Board of Administration, Public Employees' Retirement Syst^m, herei r- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of August 7, 1978, effective August 1=,, 1975, which provides for participation of Public Agency in said System, Bo,-,ra and Public A;:,ency h�-rF-by agree as follows: A. Paragraphs 1 through 9 ire hereby stricken from Said contract as execu`..-d effective August 1-, 197q and hereby replaced by the following paravrap1,s numbered 1 through 9 inclusive: 1. All words and terms used herein which are dtfinc:d in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Norms retirement age" sh::l] mean age 60 for local miscellaneous. 2. Public Agency shall participate in the Public Employees' Retirement. System frac: and after August 13, 1978 making its employees as here in=;ftc:r provided, members of said System subject to all provisions of the Public Employees' Retirment 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 such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the fol lowing, cl asses shall become members of slid Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 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: NO ADDITION_4L EXCLUSIONS 4. The fraction of zero percent of final compensation for each year of creditable prior service and the fraction of 100" of final compen- sation for each year of accumulated current service as a miscellaneous member shall 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 20930.7 (2% at age 60). EXN151T A ORD. 74-1/ 5. The following additional provisions of the Public Employees' R=`.,ire- ment Law which apply only upon el-ction of a conte-ctin3 aa�ncy shall apply to the Public kgency and its employers: a. Section 20024.2 (One-year final cai,prns_tion) . b. Section 20862.E (Unused sick leavE creoit) . C. Sections 21263/21263.1 (Post-retirement survivor allowance) . 6. Public Agency, in accordance with Section 20759.1 Government Cock, shall not be considered an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Goverrr^,2nt Code, and such contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 7. Public Agency sh_11 contribute to said Retirement System as follow: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly s=-iaries (�arne,l _s miscellaneous members of said Retirement System: (1) 9.47 percent on account. of t.h.- liability for current service benefits. b. A reasonable amount per annu•n, as fixed by the Board to cover thn 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. C. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public A;,ency, and costs of the periodic 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 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. 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 remittances, 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. B. This amendment shall be attached to said contract and shall be effective on the day of 19 . Witness our hands the BOARD. OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY �Carl J. Plechinger, Executive Officer Approved as to form: Legal Office, PERS day Of CITY COUNCIL OF THE CITY OF COSTA MESA , 19 BY `/,fir, Presiding i er -Alayor Attest: Clerk &4" PERS CON -702 R'P t O FORM. D The foregoing imtnument is a correct copy of the origil:al on file in this oiff' e. ATTEST:IA14 CITY CLERK OF Tt?T: Cl FY OF COSTA MES COUNT"Y OF ORANGE, S I ATL O1= CALIFOR A DATED:_ �vF-` �g CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE: July 3, 1979 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 July 2, 1979 , by an affirmative Date vote of a majority of the members of said Governing Body, Ordinance or Resolution No.9-// 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 in the form Ordinance or Resolution furnished by said Board of Administration being attached hereto. Clerk or Secrety City rk ar City of Costa Mesa, California Name of Agency PERS-CON-5 (Rev. 3/78)