HomeMy WebLinkAboutOrd 1984-2079 ORDINANCE NO. 2079
AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AN AMENDMENT TO A CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY OF CHULA VISTA AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
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 Adminis-
tration, California Public Employees' Retirenent 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 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 31 days
after the date of its adoption and the City Clerk shall publish a
synopsis of the ordinance in the Chula Vista Star News.
Presented by Approved as to form by
Gosh, City Manager ~~as J. H~rron, City Attorney
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
'ITY OF CHULA VISTAj CALIFORNIAj HELD August 7 19 84 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD August 14 ·
19 84 · BY THE FOLLOWING VOTE~ TO-WIT:
AYES: Councilmen: Moore, Cox, Malcolm, Scott
NAYES: Councilmen: None
ABSTAIN: Councilmen '. None
ABSENT: Councilmen: McCandl iss
~y~he C/~~ of Chulo Vista
it Ci~a~k '~
ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
ORDINANCE NO, 2079 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
AMENDMENT To coNtRAcT EXHIBI
BETWEEN THE
BOARD OF ADMINISTRATION ~4
OF THE ~
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CHULA VISTA
The Board of Administration, Public Employees' Fetirement System, here-
inafter referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract effec-
tive 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,
and January 8, 1982, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective January 8, 1982, 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 Employ-
ees' 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 here-
inafter 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 mem-
bers 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);
(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
amendmept; .I .~
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, 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 s~sonal employees are ex-
cluded from PERS membership subsequent to January 1, 1975.
6. 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).
7- 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.O1 of said Retirement
Law (2% at age 50 Full).
8. The following additional provisions of the Public Employees' Retire-
ment Law, which apply only upon election of a contracting agency,
shall apply to the Public Agency and its employees:
a. Sections 21380-21387 (1959 Survivors Program) excluding Section
21382.2 (Increased 1959 Survivors benefits).
b. Section 20862.8 (Unused sick leave credit).
c. Section 20020 ("Local Police Officers" 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 August 4, 1972, and who elected
safety membership on or before September 28, 1973).
d. Section 21222.85 (Special 3%-15% increase for, or on behalf of,
those local miscellaneous 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.
9. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on October 8, 1976. Accumulated
contributions of Public Agency as of the aforementioned date shall be
fixed and determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned date and con-
tributions thereafter made shall be held by the Board as provided in
Section 20759, Government Code.
10. 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 monthly salaries earned
as local miscellaneous members of said Retirement System:
(1) 0.030 percent until June 30, 2000 on account of the lia-
bility for prior service benefits. (Subject to annual
change.)
(2) 10.868 percent until June 30, 2011 on account of the lia-
bility for current service benefits. (Subject to annual
change.)
(3) 0.082 percent until June 30, 1996 on account of the lia-
bility for the benefits provided under Section 21222.85 of
said Retirement Law. (Subject to annual change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said Retirement System:
(1) 26.014 percent until June 30, 2011 on account of the lia-
bility for current service benefits. (Subject to annual
change.)
(2) 0.026 percent until June 30, 2011 on account of the lia-
bility for the 1959 Survivor Program. (Subject to annual
change.)
(3) 0.191 percent until June 30, 1996 on account of the lia-
bility 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-
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.
12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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 cor-
rect amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances, or adjust-
ments on account of errors in contributions required of any employee
may be made by direct cash payments between the employee and the
Board. Payments by Public Agency to Board may be made in the form of
warrants, bank checks, bank drafts, certified checks, money orders or
cash.
'B. This amendment shall be effective on the r-~day of September ,
19 8J ~
Witness our hands the ]4th day of August , 19 8{
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF CHULA VISTA
Approved as to form: Attest:
0-2079
C~X~TIFICATION OF FINAL
ACTION OF GOVERNING BODY
DATE: August 15, 1984
PUBLIC I)4PLOY~.~E RETIRE SYSTEM
P. O. Box 1953
Sacramento, California 95809
I hereby certify:
That the City Council of the City of Chula Vista
(Governing Body) (Public Agency)
adopted on August 14, 1984 , by an affirmative
(Date)
vote of a majority of the members of said Governing Body, Ordinance
(Ordinance or Resolution)
No. 2079 approving the attached contractual agreement between the Governing
Body of said Agency and the Board of Administration'of the Public Employees"
Retirement System, a certified copy of said ordinance in the form
(Ordinance or Resolution)
furnished by said Board of Administration being attached hereto.
City of Chula Vista
Name of Agency
PERS-CON-5 (Rev. 3/78)
ORDINANCE NO. 2079
AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AN AMENDMENT TO A CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY OF CHULA VISTA AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
By a unanimous vote on August 14, 1984, (Council-
woman McCandliss was absent), the Council placed
the ordinance on second reading and adoption.
The 1983-87 Memoranda of Understanding between the
City and Local 2180 International Association of Fire-
fighters, AFL-CIO and the Chula Vista Police Officers
Association contained a provision that the City would begin
begin providing the 2% at 50 retirement plan for both
groups effective October 1, 1984. This ordinance
approves that amendment.
Copies of the ordinance are available at the office
of the City Clerk, City Hall, 276 Fourth Avenue,
Chula Vista, CA.
Dated: 8/16/84
~nnie M. Fulasz, CM~rk