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HomeMy WebLinkAboutOrdinance #2930 ORDINANCE NO. 2930 AN ORDINANCE 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: SECTION 1. An amendment to the Contract between the City Council 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 Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. This ordinance shall take effect 30 days after the date of its adoption . This ordinance shall be published at least twice in a newspaper published and printed in the county, and circulated in the city of Huntington Beach. PASSED AND ADOPTED by the City Council of the city of Huntington Beach at a regular meeting thereof held on the 16th day of February , 1988 . Mayor ATTEST: APPROVP AS TO F RM: City Clerk Ci y Attorn Ir RED AND APPROVED: INIT D PR D: City Administrator Deputy City A ministr for 2799L:bc 2930 I * * * C O P Y * * * EXHIBIT A "tjoAM 9 AMENDMENT TO CONTRACT BETWEEN THE V'j BOARD OF OF BOARD PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON 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 January 1, 1950, March 1, 1952, November 1, 1957, March 1, 1958, October 1, 1961, January 1, 1971, January 12, 1974, April 18, 1975, February 21, 1976, August 7, 1976, September 17, 1977, September 30, 1978, June 6, 1981, March 18, 1982, February 24, 1983 and December 4, 1986, 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 4, 1986, and hereby replaced by the following paragraphs numbered 1 through 11 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 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, 1945 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. 2930 * * * C O P Y 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. l Fire Fighters (herein referred to as local safety members) ; a� 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) ; y , .:v. 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 DECEMBER 4, 1986. 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 (2% at age 60 Full) . 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. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) . b. Section 20019.3 ("Local Safety Member" shall include city lifeguards as described in Government Code Section 20019.3) . 2930 * * * C O P Y C. Sections 21263, 21263.1 and 21263.3 Post-Retirement Survivor Allowance) for local fire members only. Section 20020 ("Local Police Officer" shall include persons assigned to identification and communication duties in the Police AN 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 prior to April 18, 1975) . e. Section 20930.3 (Military Service Credit) , as defined in Chapter 1437, Statutes of 1974. �A f. Section 20024.2 (One-Year Final Compensation) . g. Section 20818 (Two-Years Additional Service Credit) , as defined in Chapter 327, Statutes of 1982. h. Section 20938 (Cancellation of Payment for Optional Service Credit Upon Retirement for Industrial Disability for Retired or Retiring Members) , as defined in Chapter 885, Statutes of 1983 for local safety members only. 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) 0.221 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change. ) (2) 7.280 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual 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) 0.051 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change. ) (2) 19.342 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change. ) 2930 * * * C O P Y 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. 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. B. This amendment shall be effective on the day of t, 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMIZkl SYSTEM OF THE CITY OF HUNTINGTON BEACH X� BY BY SANDRA C. LUND � Presiding Officer ASSISTANT EXEC WVE OFFICER BENEFITS SERVOS Witness Date1*5 eE7' Attest: Clerk *v�` PERS-CON-702 (AMENDMENT) (Rev. 9/86) 2930 Public Employees' Retirement System Field & Contract Services Division Contracts Office, Section 900 Post Office Box 942709 Sacramento, California 94229-2709 Telephone (916) 326-3608 326-3000 (Telecommunications Device for the Deaf) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE S 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting by the City Council of the City of Huntington Beach, California at least two weeks prior to the adoption of the final Ordinance. Dated: /0? AL'ICIA M. WENTWORTH Alicia Wentworth City Clerk B Connie Brockway, Deputy CWy Clerk 2930 Ord. No. 2930 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 lst day of February 19 88 , and was again read to said City Council at a regular meeting thereof held on the 16th day of February , 19 88 , 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, Green, Finley, Erskine, Mays, Winchell NOES: Councilmen: None ABSENT: Councilmen: Bannister aZ4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California IAA 1111, CLERK of the City of Huntington Beach and ex•officio Clerk of the City Council,do hereby certify that a synopsis of this ordinary has been published in the Daily Riot on $ -3 ,,9 In aaordance with the City Charler of said City. WM IL WOMIMP Cry Clerk , Depu Ci Clrk 2930