HomeMy WebLinkAboutOrd 1998-2727ORDINANCE NO. 2727
AN 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 CALIFbRNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: 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 hereby authorized, a copy of said amendment being attached hereto, marked Exhibit
* A, and by such reference made a part hereof as though herein set out in full.
SECTION 2: The Mayor of the City Council is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of said Agency.
SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be
published as least once in the Chula Vista Star News, a newspaper of general circulation,
published and circulated in the City of Chula Vista and thenceforth and thereafter the same
shall be in full force and effect.
Presented by
Approved as to form by
Assistant City Manager
Jo ' Kah~ny
* C098-090
Ordinance 2727
Page 2
Exhibit A
AMENDMENT TO CONTRACT
BET~rEEN THE -
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ANI) THE
CITY COP, YNCIL
OF THE
CITY OF CHULA VISTA
The Board of Adminisa'ation, 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 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,
Janurn3, 8, 1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November I6, 1990, January 4, 1991, September 6, 1991, October 7, 1994 and June 28, 1995
which provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
Pa.-agr_aphs 1 through 14 are hereby stricken from said contract as executed effective June
28, 1995, and hereby replaced by the following paragraphs numbered 1 through 13
inclusive:
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 safeW members.
Public Agency shall participate in the Public Employees' Retirement System from
and after October 1, 1948 making its employees as hereinafier 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.
Ordinance 2727
Page 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 (heroin referred to as local safety members):
b. Local Police Officers (hereinfeferred to as local safety members):
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 ADDITIONAL EXCLUSIONS
Effective October 4, 1973 and prior to January l, 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 seasonal 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.
This contract shall be a continuation of the contract of the MontgomeD, Fire
Protecction 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
Government Code. Such merger occurred January 1, 1986.
All benefits provided under this contract shall apply to all past service for
former employees of the Montgomery Fire Protection District.
The percentage of final compensation to be provided for each ),ear 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).
Ordinance 2727
Page 4
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 Retir&ment Law (2% at age 50 Full).
Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Uhused Sick Leave).
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).
Section 21325 (Special 3% - 15% Increase) for or on behalf of those local
miscellaneous members and those local safety members who retired or
died prior to January 1, 1974.
Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local
safety members only.
Section 20516 (Public Agency and its employees have agreed to share the
cost of the following benefit):
Section 21362 2% at 50 Full formula
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 Benefits).
g. Section 20042 (One-Year Final Compensation).
Section 20426 CLocal 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).
Ordinance 2727
Page 5
PLEASE DO NOT SiGN "EXV, ii]lT ONLY"
Section 21024 (Militar~ Service Credit as Public Service), Statutes of
1976.
10.
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 Bold 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:
Per covered member, $3.50 per month on account of the liability for the
1959 Survivor Benefits 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.
A reasonable mount, 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.
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.
Ordinance 2727
Page 6
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
PUBLIC EMPLOYEES' RETIREMI~T SYSTEM
KENNETH W. MARZION, C]~IIEF
ACTUAR/AL & EMPLO,Y~ SERVICES DIVISION
PUBLIC EMPLOYEES' i~h~FIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF CHULA VISTA
BY
PRESIDING OFFICER
Witness Date
Atlest:
Clerk
Ordinance 2727
Page 7
PASSED, APPRQVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of April, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas, and Hotton
None
None
None
Shirley ~on, Mayor
ATTEST:
uthel ~'et,~
City Clerk
STATE QF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2727 had its first reading at a regular meeting held on the 7th
day of April, 1998 and its second reading and adoption at a regular meeting of said City
Council held on the 28th day of April, 1998.
Executed this 28th day of April, 1998.
helet, City Clerk