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HomeMy WebLinkAboutOrdinance 027 ORDINANCE NO. 27 AN ORDINANCE OF THE Council of the (Name of Governing. Body) ' City of Atascadero,_ authorizing an Name of Public Agency) AMENDMENT TO THE CONTRACT BETWEEN THE Council of the City of Atascadero (Governing Body) AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The Council of the City of Atascadero ' (Name of Governing Body) (Name of Public Agency) does ordain as follows: SECTION 1-. That an amendment to the Contract between the Council of the City of Atascadero (Name of and the Board of Governing Body) (Name of Public Agency) Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by such refer- ence made a part hereof as though herein set out in full. SECTION 2. The Mayor of the (Title of Presiding Officer) Council is hereby authorized, empowered, and directedto' (Name of Governing Body) execute said amendment for and on behalf of said Agency. ' SECTION 1. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from thepassagethereof shall be published at least once in the Atascadero Ne , (Name of Newspaper a newspaper of general circulation, published and circulated in the City of (Name of Atascadero and thenceforth and thereafter the same ' Public Agency) shall be in full force and effect. Adopted and approved this 25th day of August 19 80 . (A , (Presiding Oif P icer Attest ROBERT J. WILKIN , JR. , Mayor Approved as to f rm• C 1 k GNA" R�.AY L. WARDEN ALLEN GRIMES, City Attorney PERS-CON-11 (Amendment) (3/78) AMENDMENTTO CONTRACT -EFTWEY,?: '1' ?r BOARD 0F 1;DI:IIv1: ' ��TI • ,� ' PUBLIC iOv w s -117,T­f 11L �r AND THE CITY €:OUNCIT , ' f p OF ink, ki CITY OF A`'A CA.)ERO SF ' The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above_ public agency, hereinafter referred to as Public Agency, having entered iii+o a contract under date of March 19, 1980, effective April 19, 1980, which provides for participa- tion of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contracI as executed g � effective April 19, 1980, and hereby replaced by the following para- graphs numbered 1 through 12 inclusive: 1 All words and terms used herein which are defined in the Public Employees Retirement Law shall have the meaning as defined ;,herein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 for local .safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and afterApril19, 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 amendmentstosaid Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. ' 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 Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). t 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 4. This contract shall be the continuation 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 havino ceased to exist and been succeeded by Public Agency on July 1 , 1980. Publi(. Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the Former Agency' s contract with respecttothe Farmer Agency's employees. 5. Service performed for the former agency prior to the effective date of this contract 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 the effective date of this contract 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 fraction 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). 7. The fraction of final compensation to be provided for each year of r 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). 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 miscel- laneous 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 hereafter made shall be held by the Board as provided in Section 20759, Government Code. 10. Public Agency shall'contribute to said Retirement System as follows: 1 a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1 ) 0.364 percent until June 30, 1999 on account of the liability for prior service benefits. i (2) 12.405 percent on account of the liability for current service benefits. R � r S b. With respect to local safety members, the agency shall. contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1 ) 2.896 percent until Jun e 30, 2005 on account of the liability for prior service benefits. (2) 14.784 percent on account of the liability for current service benefits. . C. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects theemployees 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 install- ment as the occasions arise, to cover the costs of special valua- tions 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 Boardonaccount 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 haw. 12. Contributions required of Public Agency and its employees shall be 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 correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on accountof 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. B. This amendment shall be attached to said contract and shall be effective on the day of J 0 44 Y' , 19p¢. Witness our hands the day of , 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO r BY BY Ta--rl J. Blechinger, Executive Officer rest i f A roved as to fo m. Attest pp ' Cy t a G. Besemer, gal Office, Date ' 1 CC PL75 ON-702 CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance. No. 27 passed by the Atascadero City Council at its regular Council meeting held on August 25 , 1980 M RAYWARDENY', Cit ClerF Gity o Atascadero, California.