HomeMy WebLinkAboutOrdinance #3802 ORDINANCE NO. 3802
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 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, 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. That the Mayor of the City Council of the City of Huntington Beach is
hereby authorized, empowered, and directed to execute said amendment for, and on behalf of the
City.
SECTION 3. This ordinance shall become effective 30 days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof, shall be published at
least once in the Huntington Beach Independent, a newspaper of general circulation, published
and circulated in the City of Huntington Beach; and thenceforth and thereafter the same shall be
in full force and effect.
. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 05th day of May , 2008.
ATTEST:
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i lerk Mayor
REVI':::; ND A PROVED: IT D APP V
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City Administrator for of H esources
APPROVED AS TO FORM:
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EXHIBIT A
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AMENDME1lTT 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
October 5, 2001 February 6 2003 May 8, 2003 and March 11 2006 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 March 11 2006 and hereby replaced by the following paragraphs
numbered 1 through 13 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 I 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
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
POSISTIONS AND SENIOR OUTREACH ASSISTANTS FARED
ON AND AFTER MARCH 18, 1982, AND
b RESERVE FIREFIGHTERS FARED 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 in
employment before and not on or after the effective date of this
amendment to contract 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 miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354 4 of said
Retirement Law (2 5% at age 55 Full)
7 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)
8 Public Agency elected and elects to be subject to the following optional
provisions
a Section 21574 (Fourth Level of 1959 Survivor Benefits)
b Section 20421 ('Local Safety Member' shall include ocean beach
lifeguards of a city as described in Government Code Section
20421)
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)
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 21548 (Pre-Retirement Option 2W Death Benefit)
9 Public Agency in accordance with Government Code Section 20790,
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
10 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
I
11 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 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 miscellaneous members and local safety members
b 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
c 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
12 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
13 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 land the Board
B This amendment shall be effective on the day of lea?6-
BOARD OF ADMINISTRATION CITY COUNICL
PUBLIC EMPLOYEES RETIREMENT SYSTEM CITY OF HUNTINGTON BEACH
r
BY )Vol BY
LORI MCGARTLAND CHIEF PRESIDING OFFICER Mayor
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES RETIREMENT SYSTEM
Witness Date
Attest
er
AMENDMENT ER#0097
PERS CON 702A(Rev 10\05)
Ord. No. 3802
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 April 21, 2008, and was again read to said City Council at a
regular meeting thereof held on May 5, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Bohr, Coerper, Green, Carchio
NOES: Hansen, Hardy, Cook
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 15,2008.
In accordance with the City Charter of said City
oan L. Flynn, Ci1y Clerk C Clerk and ex-officio erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach,California