HomeMy WebLinkAbout10-06 CC Ordinance ORDINANCE NO. 10 -06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF TEMECULA AND THE
BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby approves that
certain amendment to the contract between the City Council of the City of Temecula
and the Board of Administration, California Public Employees' Retirement System, a
copy of said amendment is attached hereto, marked EXHIBIT, and by such reference
made apart 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 the City of Temecula.
Section 3. This Ordinance shall take effect 30 days after the date of its
' adoption, and prior to the expiration of 30 days from the passage thereof shall be
published at least once in the Californian, a newspaper of general circulation, published
and circulated in the City of Temecula and thenceforth and thereafter the same shall be
in full force and effect.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23 day of March, 2010. lz7z
Jeff Comerchero, Mayor
ATTEST:
r
Susan . Jone , MMC
City CI k
[SEAL]
RJOrds 2010 /Ords 10 -06 1
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10 -06 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23rd day of February,
2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 23 day of March, 2010, by the following
vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
1 Susan W. ones, MMC
City Clerk
R: /Ords 2010 /Ords 10 -06 2
CaIPERS
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 Temecula
' 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
December 1, 1990, and witnessed November 8, 1990, and as amended effective
October 25, 1997, August 24, 2002, July 10, 2004 and April 24, 2009 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 April 24, 2009, 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.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after December 1, 1990 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. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attomeys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non - CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
' (d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and /or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. 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. Employees other than local safety members (herein referred to as
local miscellaneous members).
PLEASE DO NOT Si ON "EXHIBIT ONLY"
' 5. 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. SAFETY EMPLOYEES.
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 before and not on or after July 10, 2004 shall be determined
in accordance with Section 21354 of said Retirement Law (2% at age 55
Full).
7. The percentage of final compensation to be provided for each year of
credited prior and cufrent service as a local miscellaneous member in
employment on or after July 10, 2004 and not 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).
8. 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 21354.5 of said
' Retirement Law (2.7% at age 55 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One -Year Final Compensation).
b. Sections 21624 and 21626 (Post- Retirement Survivor Allowance).
C. Section 21574 (Fourth Level of 1959 Survivor Benefits).
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20903 (Two Years Additional Service Credit),
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 of said Retirement System.
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.
' 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 and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION t 1 t�` CITY.COUNCIL
PUBLIC EMPLOYEES' RETIRE SYSTEM CITY OF TEMECULA
N a
BY � BY .
LORI MCGAJt D, CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ` 3�
Witness Q
Attesv��
' Clerk
AMENDMENT ER #1522
PERS- CON -702A