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Home My WebLink AboutOrd 1991-2469 ORDINANCE NO. 2469 AN ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Chula 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, known as document number C091-127, a copy of which is on file in the office of the City Clerk, 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 Council 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 and be in full force on the thirtieth day from and after its adoption. Approved as to fo by Presented by ~ C'andy Bosb~ell B aard Director of Personnel City Attorney Ordinance No. 2469 · · · C 0 P Y · · · Page 2 l~D'lq~ The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the 9overning body of above public agency, hereinafter referred to as Public Agency, havin9 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 and January 4, 1991, 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, 1991, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used berein which are aefined in the Public Employees' Retirement Law shall have the meaning as aefinea 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 agreementz a. Local Fire Fighters (herein referred to as local safety members)~ b. Local Police Officers (her.in referred to as local safety sembers)~ c. Employees other than local safety members (herein referred to as local miscellaneous seabets). Ordinance No. 2469 *** coPY *** Page3 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: 5. 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 P~S membership subsequent to January 1, 1975. ~ 6. This contract shall be the continuation of the contract of the ~ Nontgomery 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. Such merger occurred January 1, 1986. a. Service performed for the former agency prior to January 1, 1986 shall be computed separately from service performed on and after ~O January 1, 1986, pursuant to Government Code Section 20567.8. 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 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 to be subject to the following optional provisions= a. Section 20862.8 (Credit for Unused Sick Leave). b. Section 20020 ('l~ocal Police Officere 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). Ordinance No. 2469 _~ * * * c o P Y · · · ' Page 4 (:~ =~ c. Section 21222.85 (SpeciaZ 3% - 15% Increase) for or on behalf of - those local miscellaneous members and those local safety members who retired or died prior to 3anuary l, 1974. d. Sections 21283/21263.1 (Post-Retirement Survivor Allovance) for " local safety members only. ~ e. Section 20500 (Public Agency and its employees have agreed to share the cost of the following benefit: Sac%ion 21252.01 (2% e ~ 50 Pull formula). '~ From and after September 28, 1984 to 3uly l, 1985 the local safety employees of Public Agency shall be assessed an additional 0.341% of their compensstion - for a total contribution rate of 9.341% pursuant to Government Code Section 20500. f. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits). g. Section 20024.2 (One-Year Final Compensation). h. Section 20021.1 ("Local Police Officer" shall include any officer or employee of · police department employed to perform communication duties and who elected to become a local safety member on August 25, 1973). 10. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective ~ 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. 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 $2.50 per employee, per month on account of the liability foz 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 ha 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 in- 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. Ordi nance No. 2469 a · · C 0 ~ ,z * * * Page 5 c. 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. 13. Contributions required of Public Agency an~ its employees shall be subject to adjustment by Board on account of amendments to the Public ~sployees' Retirement Law, end on account of the experience under the Retirement gystem 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 sore 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 elf ~ve on the day of 9 CITY OF CHULA VISTA Pb'B~IC Attest~ Clerk PERS-CON-702 (A~iEND~NT) (Rev. 3/91) Ordinance No. 2469 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of August, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly AyAuthelet, City Clerk 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. 2469 had its first reading on July 16, 1991, and its second reading and adoption at a regular meeting of said City Council held on the 6th day of August, 1991. Executed this 6th day of August, 1991. Beverly A./Authelet, City Clerk