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Home My WebLink AboutOrdinance #3597 1� ji ORDINANCE NO. 3597 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM REGARDING THE PROVISION OF FOURTH LEVEL OF 1959 SURVIVOR BENEFITS FOR LOCAL FIRE MEMBERS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 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 said amendment being attached hereto, marked as Exhibit A, and by such reference made a part hereof as though herein set out in full. SECTION 2. Said amendment pertains to the provision of Government Code § 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members. SECTION 3. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Huntington Beach. SECTION 3. 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 6th day of January , 2fte2003. Mayor ATTEST: APPROVED AS TO FORM: i erk City Attomey REVIEWED AND APPROVED: INITIAT PP D. City Ad mistrator Director of ministratiW Services GA0RDtNANC120021anend PERs.doc EXHIBIT #A 7e I� Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Huntington Beach The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter 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, December 4, 1986, March 18, 1988, November 4, 1999, April 20, 2000, June 30, 2001 and October 5, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective October 5, 2001, 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 Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 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 contracting agency. ............................. PLEASE DO NOT SIGN "EXHIBIT ONLY 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 (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_ Ocean Beach 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 DECEMBER 4, 1986. 5. The percentage 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 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage 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 21362.2 of said Retirement Law (3% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members. b. Section 20421 ("Local Safety Member" shall include ocean beach lifeguards of a city as described in Government Code Section 20421). PLEASE DO NOT SIGN "EXHIBIT ONLY" C. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local fire members only. d. Section 20020.1 ("Local Police Officer" shall include employees of a police department who. were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members within six months of April 18, 1975). Legislation repealed said Section effective January 1, 1985. e. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. f. Section 20042 (One-Year Final Compensation). .g. Section 20903 (Two Years Additional Service Credit). h. Section 21037 (Cancellation of Payment for Optional Service Credit Upon Retirement for Industrial Disability) for local safety members only. i. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only. 8 Public Agency, in accordance with Government Code Section 207.90, ceased to be an "employer" for purposes of Section 20834 effective on April 18, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 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_ Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. C. A reasonable amount, as fixed by the Board, payable in one installment 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 installment 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 paym.ents'between the employee and. the Board. B. This amendment shik,Ve effective on the day of BOARD OF ADMINIS ION CITY COUNCIL PUBLIC EMPLOYEE ETIREMENT SYSTEM CITY OF HUNTINGTON CH BY BY KENNETH W RZION, CHIEF PRESIDING OFFI ACTUARIAL MPLOYER SERVICES DIVISION PUBLIC E, OYEES RETIREMENT SYSTEM A�O� C.J�L Off" Witness D � Attest: Clerk AMENDMENT ER#0097 PERS-CON-702A(Rev.8\02) Ord. No. 3597 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 16th day of December,2002 and was again read to said City Council at an regular meeting thereof held on the 61h day of January 2003, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. E AYES: Boardman, Coerper, Cook, Green, Hardy, Houchen, Sullivan NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a aynopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on i� 2003. hi accordance with the City Charter of said City Connie Brockwa Ci1y Clerk City Clerk and ex-officio Cle DeR=City Clerk of the City Council of the City of Huntington Beach, California