HomeMy WebLinkAboutOrdinance #2872 ORDINANCE 2872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
HUNTINGTON 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:
1 . That an amendment to the contract between the City
Council of the City of Huntington Beach and the Board of
Administration of the California Public Employees ' Retirement
System is hereby authorized. A copy of this amendment is attached
hereto, marked "Exhibit A, " and by this reference is made a part
hereof as though set out herein in full .
2 . The Mayor of the City of Huntington Beach is hereby
authorized, empowered and directed to execute this amendment on
behalf of the City of Huntington Beach.
This ordinance shall take effect 30 days after the date of
its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd day
of November , 1986.
&a
�.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney -z--x -T
REVIE D AND APPROVED: INITIATED AND APPROVED:
City Administrator / Director of Personnel
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COU NCI L
OF THE
CITY OF HUNPINGTON BEACH
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency, herein-
after referred to as Public Agency, having entered into a contract effective
October 1, 1945, and witnessed October 27, 1945, and as amended effective
J aunary 1 , 1950 , March 1 , 1952, November 1 , 1957 , March 1 , 1958, October 1 .
1961 , January 1 , 1971, January 12, 1974, April 19, 1975, February 21 , 1976 ,
August 7, 1975, September 17, 1977, September 30, 1978, June 5, 1981 , March 18.
1982 and February 24, 1983, which provides for participation of Public Agency
in said System, Hoard and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective February 24, 19.33, and hereby replaced by the following
paragraphs numbered 1 through 11 incelusive
1. All words and terms used herein which are defined in the Public
Employees` Retirement Latin shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean agL 60 for local miscellaneous members and ege 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirezwr nt
System from and after October 1 , 1945 making its employees as
hereinafter provided, members of said System subject to all provisions
of the Public Employees' Retirement Lair except such as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Lair hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contrac-
ting 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 lair 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
amendment;
C. Lifeguards (included as local safety members) ;
d. 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:
a. CROSSING GUARDS, EMPLOYEES IN STUDENT DESIGNATED POSITIONS AND
SENIOR OUTREACH ASSISTANTS HIRED ON AND AFTER MARCH 18, 1982; AND
b. RESERVE FIRE FIGHTERS HIRED ON AND AFTER THE EFFECTIVE DATE OF
THIS .AMENDMENT TO CONTRACT.
5. The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscell-meous nrmber
shell be determined in accordance with Section 21?51.1 - of said
Retirement Law (25 at ape 60 Full).
6. The fraction of find compensation to be provided for each year of
credited prior and current service as a local safety vr�mber shD11 be
determined in accordance with Seetion 21252.01 of said Retirement Loa
(2% at age 50 Full).
7. The following additional provisions of the Public Employees'
Retirement Law, which apply on3y upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Sections 21380 - 21387 ( 1959 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21:;82.4
(Third Level of 1959 Survivor Benefits).
b. Section 20019.3 ("Local Safety Member" shall include city
lifeguards as descried in Government Code Section 20019.1).
C. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local fire members only.
d. 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, 1912, and
who elected to be local safety members prior to April 18, 1975).
e. Section 20930.3 (Military Service Credit), as defined in Chapter
1437, Statutes of 1974.
f. Section 20024.2 (One-Year Final Compensation).
g. Section 2081E (Two-Years Additional Service Credit), as defined
in Chapter {27, Statutes of 1982.
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
April 18, 1975. 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 as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
( 1) 0.265 percent until June 30, 2000 on account of the
liability for prior service benefits. (3ubject to annual
change.)
(2) 8.759 percent until June 30, 2011 on account of the
liability for current service benefits. (Subject to annue,l
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
( 1) 0.070 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 20.€371 percent until June 30, 2011 on account of the
liability for current service: benefits. (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 they coats 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.
10. 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.
11 . 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
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.
E. This amendment shall be effective on the day of
19
BOARD Off' AM MISTRATION C4.1 COU MCI L
PUBLIC EMPLOYEES' RETTREMENT SYSTEM OF TFiE
CITY OF HURTINGION BEACH
BY BY
KENNEiH G. THOMASON Presiding Officer
ACTING EXECUTIVE OFFICER
Amiftbw 31 12A
Witness Date
Approved as to form: Attest:
Legal Office, Date Clerk Date
PERS-CDN-702 (AM NDMENT)
(Rev. 9/85)
Public Employees' Retirement System
Field & Contracts Services Division
Contracts Office, Section 900
P.O. Box 90109
Sacramento, CA 95809-0109
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
DATE: November 3, 1986
I hereby certify:
That the CITY COUNCIL of
(Governing Body)
the CITY OF HUNTINGTON BEACH adopted
(Public Agency)
on November 3, 1986 , by an affirmative vote of a maJority of the
(Date)
members of said Governing Body, _ Ordinance No. 2872
(Ordinance or Resolution)
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.
Alicia M. Wentworth
Clerk or Secretary
BY:
Deputy
City of Huntington RParh
Name of Agency
PERS—CON-5
C0614 (Rev. 10/85)
Ord. No. 2872
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 members 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
meeting thereof held on the 6th day of October
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 3rd day of November , 19 86 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen
Kelly, MacAllister Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California