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HomeMy WebLinkAboutOrdinance #1971 ORDINANCE NO. 1971 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BE- TWEEN THE CITY COUNCIL OF THE CITY OF HUNTINGTON- TON BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. That an amendment to the Contract of the City of Huntington Beach 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 2 . The Mayor of the City of Huntington Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency . SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of March, 1975. May ATTEST: APPROVED AS TO FORM DON P . BONFA, City Attorney B y City Clerk Acting City tto7e WSA:ahb 1• J APPROVED AS TO CONTENT : 0, City Administrator 2 . Ord. No. 1971 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of membere of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting thereof held on the loth day of March 19 75 , and was again read to said City Council at a regular meeting thereof held on the 17th day of March 19 75 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Matnev, Wieder, Duke. Coen NOES: Councilmen: None ABSENT Councilmen: None Ci y Clerk and ex-officio; Clerk of the City Council of the City of Huntington Beach, California ', A'C'i tiI. Wentworth CITY CLERK of the City of Hu ntm `crr uch and ;x-officio Clerk of the City Council, d. `�' .;by c-:r`ifv `h:t th.s ordinance has L.Pu._I ;h d ;n th iunti,ggon Beach News on 194+.t-- .r,?a; th u h of said City. AL.T'Cla M. YnuY i vru{] * ty Clerk -- Depu i- Clerk ANINDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE ORIGINAL COPY CITY OF HUNTINGTON BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board and the CITY COUNCIL, of the CITY OF HUNTINGTON MUCH, herein- after referred to as Public Agency having entered into a contract under date of October 27, 1945, effective October 1, 1945, as amended effective January 1, 19509 March 1, 19529 November 1. 1957, March 1, 1958, October 1, 1961, January 1, 19719 and January 12, 1974, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and' Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective October 1, 1945, and are hereby replaced by the following para- graphs numbered 1 through 9 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 other- wise specifically provided. `Normal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public employees' Retirement System ,from and after October 1, 1945, making its employees as herein- after 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 such as by ex- press provisions thereof apply only on the election of contracting agencies, 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. firemen (herein referred to as local safety members) b. Local policemen (herein referred to as local safetymembers); a. Employees other than local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement Systems NO ADDITIONAL EXCLUSIONS 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be that provided in Section 21251.13 of said Retirement Lair. EXHIBIL . .. ... Ret. Fora 702a-1 ` r 5. Public Agency, in accordance with Section 20740, Goverment Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined ao provid.ed in Section 20'759, Government Code and such accumulated contribuutions acid contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 6. 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. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be that provided in Section 2,252.1 of the Retirement Law. b. Section 20952.5 (providing; for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commencing; prior to age 55 subject to actuarial discount). c. Section 21380-7 (providing; for allowances for survivors of mem- bers covered under the upon death before retirement). program P d. Section 20019.3 (providing for the inclusion of lifeguards on ocean beaches as local safety members). e. Section_21263 (providing upon death of a local fireman who re- tired for service or disability for the continuance of one-half the retirement allowance to certain survivors), f. "Local Policemen" shall include persons assigned to identifica- tion and communication duties in the Police Department who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership within sixty days of the effective date of this amendment. g. Section 20930.3 (providing service credit up to .Four years for any continuous military or merchant marine service for persons who are members because of employment by Public Agency). 7. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public: agency shall contribute the following percentages of monthly salaries earned As 'miscellaneous alembers of said System; (1) 5.96 percent on account of the liability for current service benefits. (2) 0,38 percent on account of the liability for the 1959 Sur v-vors program. Ret. Form 702-2 b. With respect to local safety members, the public ageney shall oon- tribute the following percentages of monthly salaries earned as local safety members of said System: (1) 9.576 percent on account of the liability for current service benefits. (2) 0.075 percent on account of the liability for the 1959 Sur- vivors program. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the period- ical investigation and valuation required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period- ical investigation and valuation required by law. 8. Contributions required by Public Agency and its employees shall be sub- ject 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 periodical investigation and valuation required by said Retirement Law. 9. 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. 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, or adjustments on account of errors in contributions required of any employee my be made by direct cdsah payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bans~ drafts, certified checks, money orders, or cash. B. This amendment shall e; ttached to said contract and shall b of ctive on the (C- - day of C Witness our hands this `t (t day of � ✓ �,� • BOARD OF AIMINISTR&TION CITY COUNCIL OF THE PU13LIC EWIOYEES' RETIFOWT SYSTEM CITY OF HUNTINGTON BEACH I BY BY r lr 1-4 Carl J. Blechi r, autive Officer Presiding Officer APPROM AS TO FORMS 9 DON p• BONFA e< t City Attorney Attest. Clerk By put city a't e Bet. Dorm 702-� RESOLUTION OF INTENT NO. 4021 BQM Of OW Of ON Pq=CIMLOMMfT guns AIM SM CITY L 0? N u: CITY Of MWOM ' WHMMS# the Publics UployeW Retirement Law permits the participationOf publlo te* and their employees in the Public for et ROUVOisalt System a execution of a contract, and eats fort *a preesdoro by shlah public agencies may *I**% to gub4sct th "m mod their employees to amendments to said lawl and , one of that steeps in the procedure to smand this contract is the adoption, by the 1#4slativo body of the public agency of a resolp notice of its intention to approve an amendment to said oontract# oftiah resolution ohall contain a summary of the obanges propOWA i,n amid 004- tract WHAMSO the following is a statement of the proposed changoss 1. Provides under AB 34931 Obapter 470, Statutes of 1974 that an agency y redefine the definition of local policemea to pormit 811 PUSOnO assigned to identification and communication duties in *0 p021ae department who we not now local safety members szA ego wwo in such employment on August 4, 1972, to elect safety sambership, within srixty days of the effective date of the ameadmentl wind 2. Provide# service credit up to four yews for may continuous military or merchant marine service upon payment by employee of aWlayor a >eraplo o contributions and interest on service after iswAry 1, 194 NOW p TMZPMB BE IT L ' that the CITY COUNCIL of the CITY OP g gives, and it does hereby give notice of intention to approve an rid« meat to the contract between the CITY COUNCIL and the Soard, of Admint- stration of the Public Employees' Retiremeat System to accomplish the above obanges. CITY COUNCIL flp THE CITY OP MITINWM BY �i Mavor Title F APPROVED A$ TO FORM mate adopted brad approv 5 P( O P. BOrvFA e CERTIFICATION OF GOVERNING ,BODYIS ACTION 1 hereby certify that the foregoing, is a true and correct copy of a Resolution adopted by the OI (Governing Body) of the CITY OP , (Name of Public Agency) on February 3, 1975appearing at Page 191_..,,.�. , Data Volume lei ;;,. of the (Minutes) (Official Records) of the (Governing Body) r` CITY CLERK or Secretary of.the Board P'ERS-ACT-12 ( 11/71) + $ * Res. No. 4211 SUTIR O "wou IA } COUM gf CITY H ®fit BEACH I, ALICIA M. WENTWORTH, the duly elected, - qualified,City i Clerk of +the ity of Huntington Beach and ex-df£icio Clerk of tb* City Cpuncil of said City, do 'hereby certify that the whole number, of tubers cif: a City Council of the City of Huntington Beach is se r , that the foregoing resolution was passed and adopted by the affi five vote of sora than a majority of all the members of said City Covinail at a regular meeting thereof held on the y of k'OLWEy , 19 '75 by the following vote. AYES: Councilmen: Gibbs. Matnev. Duke. Coen NOES: Councilmen: Ncsn SENT: Councilmen: Wlndat City Clerk and ex-offico. Clerk of the City council of the City of Huntington beach, California STATE OF CALIFORNIA-BOARD OF ADMINISTRATION PUBLIC EMPLOYEES` RETIREMENT SYSTEM 1416 NINTH STREET, P:O, BOX 1953 SACRAMENTO, CALIFORNIA 95809 020 Please Direct Your Reply to Refer to Member Account Number - _. April 10, 1975 Mr• Edward H. Thompson Personnel Director City of Huntington Beach P. 0. Box 190 Huntington Beach, CA. 92648 The amendment to the contract between your agency and the Public Employees' Retirement System has boon executed by our office. A copy of the contract as amended is enclosed for your file. f KiSUK YANG ` CHIEF ACTUARY Encl . , P.S. Please be sure to notify your. accounting division regarding the rate change because df the amendment. 46 Ati ,I+ PERS•ACT•16 (2/74) ,e INFIV AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH The Board of Administration9 Public Employees' Retirement System, hereinafter referred to as Board and the CITY COUNCIL of the CITY OF HUNTINGTON BEACH' herein- after referred to as Public Agency having entered into a contract under date of October 279 1945, effective October 1, 1945, as amended effective January 19 1950, March 1, 19529 November 1, 1957, Burch 1, 1958, October 1, 1961, January 11 1971, and January 12, 1974, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective October 1, 1945, and are hereby replaced by the following para- graphs numbered 1 through 9 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 other- wise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1945, making its employees as herein- after 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 such as by ex- press provisions thereof apply only on the election of contracting agencies. 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 firemen herein referred to as local safety members) ; b. Local policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: NO ADDITIONAL EXCLUSIONS 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be that provided in Section 21251.13 of said Retirement Law. EiHUT.... .,r/.................. Ret. Form 702-1 5. Public Agency, in accordance with Section 20740, Government Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 6. 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. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be that provided in Section 21252.1 of the Retirement Law. b. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments . commencing prior to age 55 subject to actuarial discount). c. Section 21380-7 (providing for allowances for survivors of _mem- bers covered under the program upon death before retirement). d. Section 20019.3 (providing for the inclusion of lifeguards on ocean beaches as local safety members). e. Section 21263 (providing upon death of a local fireman who re- tired for service or disability for the continuance of one-half the retirement allowance to certain survivors). f. "Local Policemen's shall include persons assigned to identifica- tion and communication duties in the Police Department who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership within sixty days of the effective date of this amendment. g. Section 20930.3 (providing service credit up to four years for any continuous military or merchant marine service for persons who are members because of employment by Public Agency). 7. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute ,the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 6.34 percent on account of the liability for current service benefits. (2) 1.00 percent on account of the liability for the 1959 Sur- vivors program. Het. Form 702-2 b. With respect to local safety members, the public agency shall con- tribute the following percentages of monthly salaries earned as local safety members of said System: (1) 9.576 percent on account of the liability for current service benefits. (2) 0.075 percent on account of the liability for the 1959 Sur- vivors program.. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the period- ical investigation and valuation required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period- ical investigation and valuation required by law. 8. Contributions required by Public Agency and its employees shall be sub- ject 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 periodical investigation and valuation required by said Retirement Law. 9. 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. 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, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and 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 attached to said contract and shall be effective on the day of Witness our hands this day of BOARD OF ADMINISTRATION CITY COUNCIL OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF HUNTINGTON BEACH BY BY 1#�4 1 ' Le�_ Z Executive Officer Presiding Officer APPROVED AS TO FOR1la DON P. BONFA CitY Attorney Attest:_ Clerk Deputy-City Attorie Ret. Form 702-5