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Home My WebLink About09-03 CC Ordinance' ORDINANCE NO. 09-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, 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 HEREBY 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 1, and by such reference made apart hereof as though herein set out in full ("Amendment"). Section 2. The Mayor of the City of Temecula is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Temecula in substantially the form attached. Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of March, 2009. Maryann Edwards, Mayor ATTEST: Susan Jones, MMC City GI rk [SEAL]. RJOrds 2009/Ords 09-03 I I 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. 09-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of February, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of March, 2009, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 RJOrds 2009/Ords 09-03 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 2 Comerchero, Naggar, Roberts, Washington, Edwards None None None JUIICJ, IVllvlli City Clerk CalPERS AMEN~NlENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the California EXHIBIT Public. Employees' Retirement Systein ®+mw~ . City Council City of Temecula ~~4110. MOMMUMMMUN~ 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 and July 10, 2004 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 July 10, 2004, and hereby replaced by tha following paragraphs numbered 1 through 11 inclusive:. 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, eledion.of a contracting agency. 1 ' 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 July 10, 2004 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 July 10, 2004 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5%o 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). e.. Section 20903 (Two Years Additional Service Credit). 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 Iiabilydes 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. 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 effective on the day of , CITY COUNCIL CITY OF TEMECULA BY BY LORI MCGARTLAND, C PRESIDING OFFICLtR EMPLOYER SERVICEffWSION w PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD. OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT " SYSTEM ess Date Attest: Clerk AMENDMENT ER# 7622 PERS-CON-702A PRev. 10X06)