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HomeMy WebLinkAbout97-13 CC OrdinanceORDINANCE NO. 97-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMF_,CI.ff_~ AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECI.FLA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RF-~OLVE, DLrFERMINE, AND ORDER AS FOLLOWS: WHEREAS, 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 Board of Administration of the California Public Employees' Retirement System. The City Council of the City of Temecula does ordain as follows: Section 1. That an amendmeat to the conlract 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 ameadmeat being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Temecula is hereby authorized, empowered, and directed to executive said amendment for and on behalf of said Ageacy. Section 3. This Ordinance shall take effect 30 days from the passage thereof and prior to said date shall be published at least once in the Californian, a newspaper of general circulation, published and circulated in the City of Temecula and theaceforth and thereafter the same be in full force and effect. PASSED, APPROVED AND ADOPTED this 23rd day of September, 1997. ATTEST: [SEAL] 0rd-\97-13 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Cl~rk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-13 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th of August, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of September 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 0rds\97-13 2 EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TEMECULA The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 1, 1990, and witnessed November 8, 1990 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: mo Paragraphs 1 through 10 are hereby stricken from said contract as executed effective December 1, 1990, and hereby replaced by the following paragraphs numbered 1 through 10 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. 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. o 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: Employees other than local safety members (herein referred to as local miscellaneous members). Any exclusion(s) shall remain in effect until such time as the Public Employees' Retirement System determines that continuing said exclusion(s) would risk a finding of non-compliance with any federal tax laws or regulations. If such a determination is contemplated, the Public Employees' Retirement System will o o meet with the Public Agency to discuss the matter and coordinate any required changes or amendments to the contract. 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 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). 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 21572 (Increased Level of 1959 Survivor Benefits). do Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 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. Public Agency shall also contribute to said Retirement System as follows: no 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. 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. 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. 10. 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 ,19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF TEMECULA BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: AMENDMENT PERS-CON-702A (Rev. 8\96) Clerk