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Home My WebLink AboutOrdinance 071 ■r � � � +� r � � rw � war � r� P°Na AGENDA ITEM ORDINANCE NO. 71 AN ORDINANCE AUTHORIZING AN AMENDMENT T0 THE CONTRACT ' BETWEEN THE ATASCADERO CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ' The Atascadero City Council does ordain as follows: ' Section 1. That an amendment to the Contract between the Atascadero City Council and the Board of Administration, Califor- nia 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. The Mayor of the Atascadero City Council is here- by authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This ordinance shall take effect 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 ' Atascadero News, a newspaper of general circulation, published and circulated in the City of Atascadero and thenceforth and thereafter the same shall be n full force and effect. ' Adopted and approved this 28th day of November, 1983 AYES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey NOES: None ABSENT: None MARJO71E R. MA KE , Mayo ' ATTEST: PAT,�/ A HESTER, Deputy city clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: i ALLEN GRIMES, City Attorney RAY . WARDEN, City Manager 0 r CERTIFICATION I, PATSY A. HESTER, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 71 ' adopted by the Atascadero City Council at a regular meeting thereof held on November 28, 1983 r` Dated: November 29 , 1983 PATSY AHESTER, Deputy City Clerk City of tascadero, California r r 1 r 1 1 r 1 r r r E�CH(61 I AMENDMENT TO CONTRACT ' BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE ' CITY OF ATASCADERO The Board of Administration, Public Employees' Re ent System, herein- after referred to as Board, and the governing body of< ove public agency, here- inafter referred to as Public Agency, havin ente -into a g ! contract effective April 19, 1980, and witnessed March 19, 1980, anc�''as amended effective July 1 , 1980 and April 30, 1983, which provides for pa cipation of Public Agency in said System, Board and Public Agency hereby8e as follows: A. Paragraphs 1 through 12 are hereby s 1 en from said contract as executed effective April 30, 1983, and here laced by the following paragraphs numbered 1 through 12 inclusive: 1 . All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean ' age 60 for local miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19,1980 making its employees as herein- after provided, members of said System subject to all provisions of the Public Employees' Retirement Law except suoh 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 con tracting agency. 3. Employees of Public Agency in the following classes shall become mem- bers 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 Officersherein referred to as local ( safety members) ; C. 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: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1 , 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employee *. a. Service performed for the former agency prior to July 103A980 shall be subject to the terms and conditions of the 'mer agency's contract as it was in effect at that timeervice performed after July 1 , 1980 shall be subject to�# re terms and conditions of this contract. For purposes f computing retirement allowances, separate calculations �0 11 be made for service performed under each contract., 6. The fraction of final compensation to be pr ivied for each year of credited prior and current service as a 1 4 miscellaneous member shall be determined in accordance withtion 21251 .13 of said Retirement Law (2% at age „60 Full). 7. The fraction 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 21252.6 of said Retirement Law (2% at age 55 Full). 8. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Section 20983.6 (Waiver of age 70 retirement) for local miscellaneous members only. C. Sections 21380-21387 (1959 Survivors Program) including Section 21382.2 (Increased 1959 Survivors Benefits) , for local safety members only. 9. Public Agency, in accordance with Section 20759.1 Government Code, shall not be considered an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law.. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Government Code, and such contributions he made shall be held by the Board as provided in Section 20759, Government Code. ' 10. Public Agency shall contribute to said Retirement System y as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1 ) 0.116 percent until June 30, 1999 on account of the liability for prior service benefits. (2) 7.912 percent until June 30, 2000 on account of the liability for current service benefits. b. With respect to local safety members, the agency shal ®bn tribute the following percentages of monthly salaries earne local safety members of said Retirement System: -Z, (1 ) 1 .118 percent until June 30, 2005 on acco of the liability for prior service benefits. (2) 16.806ercent until June p 30, 2000 o,Account of the liability for current service benef ts. (3) 0.200 percent on account of thsc-hl ability for the 1959 Survivor Program. , c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 11 . 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 inveatigation and val- uation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be t paid by Public Agency to the Retirement System within thirty 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 cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. i B. This amendment shall be attached to said contract and shall be effective on the day of 19 Witness our hands the day of 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO Q BY BY CARL J. BLECHINGER, EXECUTIVE OFFICER ivre, 1 d i Offiz ' 4A Approved as to form: Attest: "sn O � Margaret J. ehn, Le Office, Date GVerk iPERS CON-702 1 1 1- t 1