HomeMy WebLinkAbout94-13 Amendment to Contract Between City and Board of Admin of CalPERSORDINANCE NO. ?4 - / 3
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA, TO
APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF COSTA MESA AND THE
BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the contract between the City of Costa Mesa
and the Board of Administration, California Public Employees Retirement System is hereby
authorized, a: copy of said amendment being attached hereto marked "Exhibit and by such
reference made a part hereof as though. herein set out in full.
SECTION -2. The' City Council of the City of Costa Mesa is hereby authorized,
empowered, and directed .to execute said amendment for and on behalf of said Agency.
SECTION. 3. This Ordinance shall take effect and be in full force immediately from and
after the passage thereof, and prior to the expiration of fifteen (15) days from its passage, shall
be published once in 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 6th day of September, 1994.
ATTEST:
Deputy C' Clerk of the City of Costa Mesa
Mayor of the Cit of Costa Mesa
DID
ROVED AS TO' FORM
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I; MARY T. ELLIOTT, Deputy 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. '?#-13
was introduced and considered section by section at a regular- meeting of the City Council held
on the 6th day of September, 1994, and thereafter passed and adopted as a whole at a regular
meeting of the City Council held on the 6th day of September, 1994, by the following roll call
vote:
AYES:�4umP141?EY) 6A&J uciVLF_ /34FFA Ea;cs1'eSaN
NOES: IJE
ABSENT: �EA)J 5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 7thday of September, 1994.
Deputy CYC and ex -officio Clerk of
the City uncil of the City of Costa Mesa
POSE DO NO'T SIGN "WIMI i OtgLr
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF COSTA MESA
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 13, 1978, and witnessed August 7, 1978, and as amended effective July
15, 1979; October 25, 1987 and October 30, 1992, which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 30,
1992, and hereby replaced by the following paragraphs numbered 1 through 14 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 and age 50
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after August 13, 1978 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:
NO ADDITIONAL EXCLUSIONS
F&8t b6 Off' SIGN "EXHIRIT ONWe
5. Assets heretofore accumulated with respect to safety members in the local retirement
system have been transferred to the Public Employees' Retirement .System on the
effective date of this amendment to contract and applied against the liability for prior
seryice incurred thereunder. That portion of the assets so transferred which represent the
accumulated contributions (plus interest thereof) required of the employees under said
local system has been credited to the individual membership account of each such
employee under the Public Employees' Retirement System.
6. Benefits paid to pensioners or annuitants under the local system on the effective date of
this amendment to contract shall be continued and paid at their existing rates by the
Public Employees' Retirement System as authorized by Section 20520 of the Government
Code.
7. The percentage of final compensation to be provided for each year of credited prior and
current services as a local miscellaneous member shall be determined in accordance with
Section 21251.13 of said Retirement Law (2% at age 60 Full).
8. The percentage of final compensation.to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20024.2 (One -Year Final Compensation).
b. Section 20862.8 (Credit for Unused Sick Leave).
C. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
d. Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380) for local miscellaneous members only.
e. Section 20818 (Two Years Additional Service Credit) for local miscellaneous
members only.
f. Section 20835.1 (Limit Prior Service to Members Employed on Contract Date)
for local safety members only.
g. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit)
for local safety. members only.
10. Public Agency, in accordance with Government Code Section 20759, shall not be
considered an "employer" for purposes of the Public Employees' Retirement Law.
Contributions of the Public Agency shall be fixed and determined as provided in
Government Code Section 20759, and such contributions hereafter made shall be held by
the Board as provided in Government Code Section 20759.
11. 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.
12. Public Agency shall also contribute to said Retirement System.as follows:
a. Public Agency shall contribute $2.00 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 of said
Retirement Law. (Subject to annual change.) In addition; all assets and
liabilities of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous members
and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract to cover the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
13. Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendments to the Public Employees' Retirement Law, and on
account of the experience under the Retirement System as determined by the periodic
investigation and valuation required by said Retirement Law.
14. Contributions required of Public' Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to which
said contributions refer or as may be prescribed by Board regulation. If more or less
than the correct amount of contributions is paid for any period, proper adjustment shall
be made in connection with subsequent remittances. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CO CT SERVICES DIVISION
PUBLIC EMPL6$'FES' RETIREMENT SYSTEM
�.a q
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
day of
CITY CO
OF THE
CITY OF
BY p �'
Presiding Officer
10,
Witness Date!
Attest:
Clerk
19