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Home My WebLink AboutOrd 1989-2325 ORDINANCE NO. 2325 AN ORDINANCE OF THE CITY COUNCIL 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 of Chula Vista does hereby 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 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 II: The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION III: This ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of ten days from the passage thereof shall be published at least 3nce 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 L ctor of (' T/~omas J.~~o~,iity Attorney Finance 6115a Ordinance 2325 ASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of September , 1989 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: · Authe~ , City erk STATE OF 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. 2325 had its first reading on September 5, 1989 and had its second reading and adoption at a regular meeting of said City Council held on the 12th day of September , 1989. Executed this 13th day of September, 1989. [3~~'< *** COPY *** -- ~' AMENDI~EN~ 'PO CONTRACT BOARD OF AIIMINI~'PRATION ~ OF '1'~ CI~ CO~CIL CITY OF C~ VISTA 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 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 and July 3, 1987, which provides for participation Of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 3, 1987, and hereby replaced by the following paragraphs numbered 1 through 12 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 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 contract- ing 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); *** COPY *** (1). Local Police Officers shall include individuals defined by Section 20020 of the Government Code prior to its amendment at the 1975-76 Regular Legislative Session, effective January 1, 1976, employed by Public Agency prior to such amendment; 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: ~ i~· NO ADDITIONAL EXCLUSIONS 'c/.~ 5. Effective October 4, 1973 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 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. This contract shall be the 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 20567.1 of the Government Code. a. Service performed for the former agency prior to January 1, 1986 shall be computed separately from service performed on and after January 1, 1986, pursuant to Government Code Section 20567.8. All benefits except Section 21382.2 (Increased Level of 1959 Survivor Benefits), provided under the contract of the City of Chula Vista shall apply to all past service for former employees of the Montgomery Fire Protection District. 7. The fraction 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 21251.13 of said Retirement Law (2% at age 60 Full). 8. The fraction 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). *** COPY *** The following additional provisions of the Public Employees' Retirement Law, which apply only upon election Of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level Of 1959 Survivor Benefits) for local miscellaneous members and local police members only. b. Section 20862.8 (Credit for Unused Sick Leave). c. Section 20020 ("Local Police Officer" shall include persons assigned to identification and communication duties in the Police Department who were not classified as local safety members and who were in such employment on or prior to August 4, 1972, and who elected to be local safety members on or before September 28, 1973) . d. Section 21222.85 (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. e. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety members only. f. Section 20500 (Cost Sharing) Public AgenCy and its employees have agreed to share the cost of the following benefit applicable to Section 21252.01 (2% @ 50 Full formula). From and after September 28, 1984 to July 1, 1985 the local 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 20500. g. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local fire members only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on October 8, 1976. Accumulated contributions Of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. *** COPY *** 11. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages Of salaries earned as members of said Retirement System: (1) 5.777 percent until June 30, 2011 On account Of the liability for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages Of salaries earned as members of said Retirement System: ~ (1) 0.456 percent until June 30, 2000 On account Of the liability for prior service benefits. (Subject to annual change.) ~. (2) 19.011 percent until June 30, 2011 on account of the v((,,,~- liability for current service benefits. (Subject to annual ~, change.) (3) 0.191 percent until June 30, 1996 on account of the liability for the benefits provided under Section 21222.85 ~? of said Retirement Law. (Subject to annual change.) ~-~ c. A reasonable amount, as fixed by the Board, payable in one in- 4~7 Stallment 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. d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 11. 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. *** COPY *** - 12. 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' RETIREMENT SYSTEM OF THE BY ~~~ . ~3~ CHIEF, CONTRACT SERVICES DIVISION Presi ' ' r PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk PERS-CON-702 (~AMENDMENT) (Rev. 6/88)