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HomeMy WebLinkAboutORD-07-91 Amend Contract between City Council & Calpers Board of AdministrationORDINANCE NO, 7- 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF OF THE CITY OF ORANGE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.WHEREAS, the City Council of the City of Orange has agreed through salary and benefit negotiations to amend its contract between the City Council and the Board of Administration of the Public Employees' Retirement System to include the Third Level of 1959 Survivor Benefits for local miscellaneous members and local safety members;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:Section I:That an amendment to the Contract between the City Council of the City of Orange 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 Orange is hereby authorized,empowered, and directed to execute said amendment for and on behalf of the City Council of the city of Orange.Section III:A su~mary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the city Clerk at least five ( 5)days prior to the city Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Orange City News, a newspaper of general circulation published and circulated in the City of Orange. The City Clerk shall post in the Office of tne City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance take effect thirty (30) days from and after the date of its final passage. ADOPTED this 19th day of February 1991. ATTEST:BY: GENE BEYER Mayor of the city of Orange 1AR~~R PRO TEM BY: ~..;fd.M(~ ~/~ C SSANDRA CATHCART, CMC., DEPUTY CITY CLERK MARILYN J. JENSEN,C.M.C. City Clerk of the City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 12th day of February , 1991, and thereafter at a regular meeting of said city Council duly held on the hday of February , 1991, was duly passed and adopted by the following vote, to wit: AYES:COUNCIL MEMBERS: STEINER, BARRERA, COONTZ, SPURGEON NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: MAYOR BEYER ABSTAIN:COUNCIL MEMBERS: NONE MARILYN J. JENSEN, CMC., City Clerk of the City of Orange BY:uu~()::rAf/'A~-f CASSANDRA CATHCART, CMC., DEPUTY CITY CLERK Ord. No. 7-91 I COP Y ... c~-$' 4~ tF~ o i>'~ AMEIlIlMEII' l' TO CON'l'RAC'.l'BE'l' WBBN '1'BE BOARD OF ADMINIS'l'RATION OF '1' BE PUBLIC IlMPLOYKBS' RE'l'IRIlMEN'.l'AND '1' BE CITY COUNCIL OF '1' BE CITYOF ORANGE SYS'l' EM TheBoard 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 July I, 1958, and witnessed May 13, 1958, and as amended effective October 1, 1966, October 7, 1971, January 16, 1977, August 26, 1979, April 1,1982, July 24, 1983, March 31, 1985 and December 31, 1989, 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 December 31, 1989, and hereby replaced by the fol1owing 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 miscel1aneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1958 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 (her~in referred to as local safety members);c. Employees other than local safety members (herein referred to as local miscellaneous members). COP Y PLEASf DO NOT SIGN fXJ.I/[~ri ONl r" 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: IlO ADDITIONAL EXCLUSIONS 5. 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 with all service prior to Federal Social Security termination September 30, 1971, subject to the reduction provided by said section (2\ at age 60 Full and Modified). 6. 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). 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance) .b. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 Third Level of 1959 Survivor Benefits). c. Section 20024.2 (One-Year Final Compensation).d. Section 20818 (Two-Years Additional Service Credit).8. Public Agency, in accordance with Government Code Section 20740,ceased to be an "employer" for purposes of Section 20759 effective on January 16, 1977. 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 20759.9. 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.10. Public Agency shall also contribute to said Retirement System as follows.a. 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 COP Y * * * b. 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 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 July , 19~. BOARD OF ADMINISTRATION ~' PUBLIC EMPLOYEES' RETIREMENT~~(J BY ~ CHIEF, CONTRACT SE~ DIVISION PUBLIC EMPLOYEES.~.IREMENT SYSTEM the 1st day of CITY COUNCIL OF THE CITY OF ORANGE 0' ifBY Presiding Officer Witness Date 0'- Attest: .- C\Clerk PERS- CON-702 ( AMENDMENT)Rev. 6/