HomeMy WebLinkAboutOrd 1995-2632 ORDINANCE NO. 2632
AN URGENCY ORDINANCE OF THE CITY COUNCIL 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 CALIFORNIA 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, and by such reference made a part hereof as though herein set out in full.
SECTION 2. 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 3. This Ordinance shall take effect immediately upon its adoption not
sooner than twenty (20) days after its introduction as an urgency measure in order to facilitate
continued labor harmony and the uninterrupted smooth flow of City government services for
the following reasons: Labor discontent that will prevent the proper and efficient operation
of the City government and provision of public services. If the proposed amendment does not
go into effect July 1,1995, the efficient provision of City services could be affected. Prior to
the expiration of fifteen (15) days from the passage thereof, the City Clerk shall publish this
ordinance in the Chula Vista Star News, a newspaper of general circulation in the City of
Chula Vista.
Presented by Approved as to orm by
City Manager
Ordinance No. 2632
Page 2
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RKrlRElV!~2~ SYSTEM
CITY COUNCIL
OF THE
CITY OF CHULA VISTA
The Board of Administration, Public Employees' Retirement System, hereina~er referred to as Board,
and the governing body of above public agency, hereinafler 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, Janua~ 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 and October 7, 1994 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 October 7,
1994, and hereby replaced by the following paragraphs numbered I 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 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 Puhiic 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).
PLEASE DO NOT SIGN 'EXHjGjT ONLY" Ordinance No. 2632
Page 3
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. 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. Legislation repealed and
replaced said Section with Government Code Section 20334 effective July 1, 1994.
6. 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 20334 supersedes this cootract
provision by providing that any such temporary and/or seasonal employees are excluded
from PERS membership subsequent to January 1, 1975.
7. 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 20567.1 of the Govermnent 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.
8. 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 21251.132 of said Retirement Law (2% at age 55 Full).
9. 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 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 ("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).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
Ordinance No. 2632
Page 4
c. 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.
d. Sections 21263 and 21263.1 (Post-Retiremenr Survivor Allowance) for
local safety members only.
e. Section 20500 (Public Agency and its employees have agreed to share the cost
of the following benefit):
Section 21252.01 - 2% at age 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 20500.
f. Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6
(commencing with Section 21380).
g. Section 20024.2 (One-Year Final Compensation).
h. Section 20020.1 ("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 20930.3 (Military Service Credit as Public Service), Statutes of 1976.
g. Section 20024.2 (One-Year Final Compensation).
10. 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.
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 $2.00 per employee, per month on account of the
liability for 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 be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous members
and local safety members.
Ordinance No. 2632
Page 5
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 fhxed 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.
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
;n contributions required of any employee may be made by direct payments between the
. .~loyee and the Board.
B. This amendment shall be effective on the day of ,19
BOARD OF ADMINISTRATION ~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIRE,NI~:NT SYSTEM OF THE
~\<~,,~ CITY OF CHULA VISTA
BY ~
CHIEF ACTUARY ~'k~~' BY
' RETIREMENT SYSTEM
Witness Date
Attest
Clerk
AMENDMENT
PERS-CON-702A (Rev. 3/95)
Ordinance No. 2632
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 27th day of June, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Horton
NOES: Councilmembers: Rindone
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
' '~Shirley F~rt~n, Mayor
ATTEST:
BeverlylA. Authelet, 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. 2632 had its first reading on June 6, 1995, and its second
reading and adoption at a regular meeting of said City Council on the 27th day of June, 1995.
Executed this 27th day of June, 1995.
Beverly A.'Authelet, City Clerk