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Home My WebLink AboutOrdinance 247 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. 247 adopted by the Atascadero City Council at a regular meeting thereof held on July 28, 1992 and that it has been duly published pursuant to State Law. oZ DATED: _ LEE OIN City Clerk City of Atascadero, `California ORDINANCE NO. 247 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 -Luna, seconded by Councilmember Bewley, the foregoing Ordinance is approved by. the following roll call vote: AYES: Councilmembers Borgeson, Bewley, Luna, Kudlac and Mayor Nimmo NOES: None ABSENT: None ADOPTED: July 28, 1992 ATTEST: CITY OF ATASCADERO, CA,- By: ABy: LEE CIN, C. Clerk ROBERT. P. NIMMO, Mayor Ordinance No. 247 Page 2 APPROVED A5 TO FORM: L,)L— ARTHER R- 'M0)fT-ANA0, N, City Attorney EXHIBIT A TO RESOLUTION 42-92 PAGE 1 OF 3 el' F AMENDMENT TO CONTRACT dCJ BETWEEN THE O BOARD OF ADMINISTRATION I` OF THE ,- PUBLIC EMPLOYEES' RETnuna.NT SYSTEM ie AND THE CITY COUNCIL. OF THE CITY OF ATASCADERO 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 T, 1984, July 14, 1990, November 9, 1991 and April 12, 1992, whicil 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 April 12, 1992, and hereby replaced by the following paragraphs numbered 1 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 SO 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 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. 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 EXHIBIT A TO RESOLUTION 42-92 PAGE 2 OF 3 PLEASE DO NOT ${Q 11EXH18 T ONLY* S. 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. 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. d. Section 20818 (Two-Years Additional Service Credit). 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 beheld 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 witl^lin; 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. EXHIBIT A TO RESOLUTION 42-92 PAGE 3 of 3 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 account of errors in contributions required of any employee may be made by direct payments between, the employee and the Board. ' da of B. This amendment shall J effective on the y (5 , 19 BOARD OF ADMINISTRA CITY COUNCIL PUBLIC EMPLOYEES' MENT SYSTEM OF THE CITY OF ATASCADERO BY '` BY CHIEF, CO SERVICES DIVISION Presiding Officer PUBLIC EMPLES' RETIREMENT SYSTEM Witness Date Attest: Clerk PERS-CON-702 (AMENDMENT) (Rev. 1/92) 1JV010 3