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Home My WebLink AboutOrd 2007-3084 ORDINANCE NO. 3084 ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City ofChula Vista does ordain as follows: Section I. That an amendment to the contract between the City Council of the City of Chula Vista and the Board of Administration, California Public Employees' Retirement System is authorized by this Ordinance. A copy of the amendment is attached and marked as Exhibit D, and by this reference is made a part of the Ordinance. Section 2. The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed to execute the amendment for and on behalf ofthe City. Section 3. This Ordinance shall take effect 30 days after the second reading of the Ordinance, which will be at least 20 days after the date of adoption of the Resolution of Intention. The Ordinance will be published at least two weeks prior to the adoption of the final documents and circulated in the City of Chula Vista. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by Approved as to Form by fJ2'RP CAy~ Ann Moore City Attorney Human Resources Director r Ordinance No. 3084 Page 2 PASSEDu,APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 6 day of November 2007, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ATTEST: ;/~ {ft.:, Susan Bigelow, 'MM , City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Castaneda, McCann, Ramirez, Rindone, and Cox None None Chory~~~ I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3084 had its first reading at a regular meeting held on the 16th day of October; 2007 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of November 2007; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 6th day of November 2007. Im..~ j;1Vu~ r Susan Bigelo~MC, City Clerk ______----.J Ordinance No. 3084 pa~ ~'ffA_ CalPERS Califomia Public Employees' Retirement System . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Chula Vista . The Board of Administration, Califomia Public Employees' Retirement System, hereinafter referred to as Board, and the goveming body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1,1948, and witnessed August 31,1948, and as amended effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8, 1982, September 28, 1984, July 3, 1987, October 13. 1989, September 27, 1990, November 16,1990, January 4,1991, September 6,1991, October 7,1994, June 28, 1995, May 29,1998, April 7,2000, July 1, 2002, December 27,2002, June 27, 2003 and August 20, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective August 20, 2004, and hereby replaced by the following paragraphs numbered 1 through 15 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. EXHIBIT D Ordinance No. 3084 Page 4 -.~ t- 1'; r-t: r\~ ;.'.n"7' s:~,~. ~. \---: t:.(\:.:~:.- u...., i' M.j , - 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1948 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 5. Effective October 4, 1993 and prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonai employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. This contract shall be a continuation of the contract of the Montgomery Fire Protection District, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Governrnent Code. Such merger occurred January 1, 1986. a. All benefits provided under this contract shall apply to all past service for former employees of the Montgomery Fire Protection District. EXHIBIT 0 Ordinance No. 3084 Page 5 . . ... .~. . " :"". . . .'- 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 27, 2002 shall be detennined 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 miscellaneous member in employment on or after December 27, 2002 shall be detennined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be detennined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20965 (Credit for Unused Sick Leave). b. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members on or before September 28, 1973). c. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members oniy. e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21362 2% @ 50 Full fonnula for local safety members. From and after September 28, 1984 to July 1, 1985 the safety employees of Public Agency shall be assessed an additional 0.341 % of their compensation for a total contribution rate of 9.341 % pursuant to Government Code Section 20516. f. Section 21574 (Fourth Level of 1959 Survivor Benefrts). g. Section 20042 (One-Year Final Compensation). EXHIBIT 0 Ordinance No. 3084 Page 6 -'~L::':~S: [.c; ~.!,=~ :-, .-.. . h. Section 20426 ("Local Police Officer" shall Include any officer or employee of a police department employed to perform communication duties and who elected to become a local safety member on August 25, 1973). i. Section 21024 (Military Service Credit as Public Service). j. Section 21623.5 ($5,000 Retired Death Benefit). k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. I. Section 20434 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Govemment Code Section 20434). m. Section 20903 (Two Years Additional Service Credit). 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on October 8, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. 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. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefrts provided under Section 21574 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. EXHIBIT 0 Ordinance No. 3084 Page 7 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. 14. 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. 15. 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. 8. This amendment shall be effective on the . '- day of . '. ~ . . BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' REtiREMENT SYSTEM CITY OF CHULA VISTA ". , , -'..:"~' , ,..1 BY .~ ; LORI MCGARTL-AND, CHIEF EMPLOYER SFRvICES DIVISION PUBLIC EMPI,.OYEES' RETIREMENT SYSTEM BY .. PRESIDING OFFICliR ."'. '-.: ,.,," '. .,-...,..-.. ;~- .~ " <- Witness oate Attest: Clerk AMENDMENT ER# 0195 PERS-CON.70ZA (Rev. 10\05) EXHIBIT D