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HomeMy WebLinkAbout04-05 CC OrdinanceORDINANCE 04 -05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, that an amendment to the contract between the City Council of the City of Temecula and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. WHEREAS, the Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. WHEREAS, this ordinance shall take effect 20 days after the date of its adoption, and prior to the expiration of 20 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 this 11`h day of May, 2004. a Michael a a a r f, ATTEST- RJOrds 2004 /Orris 0405 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04 -05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 20'" day of April, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11'h day of May, 2004, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchoro, Roberts, Stone, Washington, Naggar NOES: 0 COUNCILMEMBERS: None r�' ABSENT: 0 COUNCILMEMBERS: None ABSTAIN; 0 COUNCILMEMBERS: None R: /Ords 2004 /Orris 04 -05 2 City Clerk I Jf%%, Ca1PERS California Public Employees' Retirement System �400. EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Temecula 41101100 - ' 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 and August 24, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective August 24, 2002, 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 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 "EXI- (J-iT 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. 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. SAFETY EMPLOYEES. 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. 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), Statutes of 1976. 8. 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. 9. 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. 0 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. 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 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 eff!tive on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIRE BY KENNETH W. MARZION ACTUARIAL & EMPLOY[ PUBLIC EMPLOYEES' R 0 =O �O <U IJ .4 AMENDMENT ER #1522'` PERS- CON -702A (Rev. 8\02) CITY COUNCIL 31 SYSTEM CITY OF TEMECULA BY PRESIDING OFFI i DIVISION (V SYSTEM = Witness Attest: Clerk CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division ' Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF EMPLOYEE ELECTION I hereby certify that the following employees of the City of Temecula have expressed their approval or disapproval of said agency's intention to amend its contract to provide Section 21354.4 (2.5% @ 55 Full formula) on the basis described in the Resolution of Intention adopted by said agency's governing body on April 20 , 2004 , in such manner as to permit each employee to separately and secretly express his choice and that the outcome of such election was as follows: Number of employees eligible to vote (Amendment) PERS- CON -15 (Rev. 9/03) Number of votes approving said participation Clerk or Secretary Date Number of votes disapproving said participation Local Miscellaneous Members as defined in Govt. Code Section 20383 (Amendment) PERS- CON -15 (Rev. 9/03) Number of votes approving said participation Clerk or Secretary Date Number of votes disapproving said participation CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 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 of the I on (date) Resolution / Ordinance. Date PERS - CON -12A (rev. 1/96) City Council ofthe (governing body) :y of Temecula (public agency) which is at least two weeks prior to the adoption of the Clerk/Secretary Title CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division ' Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the Citv Council (governing body) City of Temecula (public agency) I on (date) Clerk/Secretary Title IPERS- CON -12 (rev. 1/96) of the CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CaIPERS (225 -7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the Council (governing Ci / / (public agency) I on 4126 16,q (date) PERS - CON -12 (rev. V98) of the City Clerk /Director of Support Services I rz] CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division ' Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF EMPLOYEE ELECTION I hereby certify that the following employees of the City of Temecula have expressed their approval or disapproval of said agency's intention to amend its contract to provide Section 21354.4 (2.5% @ 55 Full formula) on the basis described in the Resolution of Intention adopted by said agency's governing body on April 20 , 2004 , in such manner as to permit each employee to separately and secretly express his choice and that the outcome of such election was as follows; Number of Number of votes Number of votes employees approving said disapproving said eligible to vote participation participation Local Miscellaneous ' Members as defined in Govt. Code Section 20383 170 134 r (Amendment) PERS - CON -16 (Rev. 9/03) uiem or ecr tary Susaf W. Jones, CMC City C erk/ irector o Support Services Date CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 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 of the City Council ofthe (governing body) of Temecula on a „ „/L ?n (date) Anne which is at least two weeks prior to. the adoption of the Resolution / Ordinance. Date 117P/oe/ PERS- CON -12A (rev. 1/96) Susan W Jonea, CMC City Clerk /Dire —crdr'�Of Support Services Title