HomeMy WebLinkAbout98-20 Contract Between City and Board of Admin of CalPERSORDINANCE NO. 98-ao
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 through 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 15" day of June, 1998.
ATTEST:
Deputy City rk of the City of Costa Mesa Mayor of the City of C s esa
IMPROVED 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. �9 Ao was introduced and considered section by section at a
regular meeting of the City Council held on the 15th day of June, 1998 and thereafter
passed and adopted as a whole at a regular meeting of the City Council held on the
15th day of June, 1998, by the following roll call vote:
AYES: Buffa, Monahan, Cowan, Somers
NOES: Erickson
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 16th day of June, 1998.
i.
Deputy City Jerk and ex -officio Clerk of
the City Cou cil of the City of Costa Mesa
EXHIBIT
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, October 30, 1992, September 18, 1994 and
January 4, 1996 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective
January 4, 1996, 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 55 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:
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5. Assets heretofore accumulated with respect to safety members in the local
retirement system have been transferred to the Public Employees' Retirement
System on September 18, 1994 and applied against the liability for prior service
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 or prior to
September 18, 1994 shall be continued and paid at their existing rates by the
Public Employees' Retirement System as authorized by Section 20481 of the
Government Code.
7. 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 21354 of said Retirement Law (2% at age 55 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 21362 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 20042 (One -Year Final Compensation).
b. Section 20965 (Credit for Unused Sick Leave).
C. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
e. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
f. Section 20938 (Limit Prior Service to Members Employed on Contract
Date) for localsafety members only.
g. Section 21536 (Local System Service Credit Included in Basic Death
Benefit) for local safety members only.
h. Section 21427 (Improved Non -Industrial Disability Allowance) for local
fire members only.
10. Public Agency, in accordance with Government Code Section 20834, 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 20834, and such contributions hereafter made shall be
held by the Board as provided in Government Code Section 20834.
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. Per covered member, $0 per month on account of the liability for the 1959
Survivor Benefits provided under Section 21573 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.
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.
r'i"diu J
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 day of '19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMEW SYSTEM OF THE
F CITY OF COSTA MESA
r%
i=ce
BY
KENNETH W. n
ACTUARIAL &
PUBLIC EMPI.(
AMENDMENT
PERS-CON-702A (Rev. 8\96)
A, CHIEF
OYER SERVICES DIVISION
'RETIREMENT SYSTEM
BY
PRESIDING OFFICER
?i,sry
Witness Date
Attest:
Clerk