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HomeMy WebLinkAboutOrdinance 238 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 238 adopted by the Atascadero City Council at a regular meeting thereof held on March 10, 1992 and that it has been duly published pursuant to State Law. DATED: &" 6 qp�7 t� LEE RABOIN City Clerk City of Atascadero, California ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Atascadero does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Atascadero 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. Section 2. The Mayor of the Atascadero City Council is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City of Atascadero. Section 3 This Ordinance shall take effect thirty-one (31) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Atascadero News, a newspaper of general circulation, pub- lished and circulated in the City of Atascadero, and thenceforth and thereafter the same shall be in full force and effect. On motion by Councilmember Nimmo, seconded by Councilmember Dexter, the foregoing Ordinance is approved by the following roll call vote: AYES: Councilmembers Borgeson, Nimmo, Dexter and Mayor Shiers NOES: None ABSENT: Councilman Lilley ADOPTED: March 10, 1992 ATTEST: CITY OF ATASCADERO By LEE RABOIN, Ci y Clerk ALDEN F. SHIERS, Mayor Ordinance No. 238 Page 2 APPROVED AS TO FORM: AR ER NTANINN, Ci y orney (MINANCE NU. 238 an .RESOLUTION NO. 16-92, EXHIBIT) AMENDMENT TO CONTRACT BETWEEN THE 400 BOARD OF ADMINISTRATION 4TH% OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM 'f AND THE CITY COUNCIL Vel OF T CITY OF ATASSCADERO 0 .. 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 April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 14, 1990 and November 9, 1991, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective November 9, 1991, and hereby replaced by the following paragraphs numbered i 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 60 for local miscellaneous members and age 50 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 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 agencyand 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. 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. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein 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 ""ASE D© NOT SIVA ``EMBIT - 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 Section 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 employees. Legislation repealed said Section effective January 1, 1988. a. Service performed for the former agency prior to July 1, 1980 shall be subject to the terms and conditions of the former agency's contract as it was in effect at that time. Service performed after July 1, 1980 shall be subject to the terms and conditions of this contract. For purposes of computing retirement allowances, separate calculations shall be made for service performed under each contract. 6. 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 21251.13 of said Retirement Law (2% at age 60 Full). 7. The percentage 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 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local safety members only. b. Sections 21263,21263.1 and 21263.3<(Post-Retirement Survivor Allowance) for local miscellaneous members only. c. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 9. Public Agency, in accordance with Government Code Section 20759, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20759,and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. 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 and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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 ac=count 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 a on the day of BOARD OF ADMINISTRATION Q> CITY COUNCIL PUBLIC EMPLOYEES'RETIREM 'SYSTEM OF THE '� CITY OF ATASCADERO , BY Jk% BY CHIEF, CONTRAC VICES DIVISION Presiding Officer y PUBLIC EMPLO'i ' RETIREMENT SYSTEM 40 ' Witness Date Attest: Clerk PERS-CON-702 (AMENDMENT) (Rev. 1/92)