HomeMy WebLinkAboutOrd 1009-1987ORDINANCE NO. 1009-87
AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(1959 SURVIVOR BENEFIT FOR FIREFIGHTERS)
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That an amendment to the Contract between the City Council of the
City of South San Francisco and the Board of Administrations California Public
Employees Retirement System is hereby authorizeds a copy of which is attached
and incorporated as Exhibit "A".
SECTION 2.
The Mayor is hereby authorized ~o execute the contract amendment on
behalf of the City.
SECTION 3.
This Ordinance is declared to be an urgency ordinances adopted pur-
suant to the provisions of Government Code Section 36937, in that it is for the
immediate preservation of public peaces health and safety. The City Council
finds and declares that i% is necessary to adopt this urgency ordinance in order
%o comply with the requirements of the Public Employees' Retirement System so
that the contract amendments previously negotiated and authorized can be imple-
mented. This ordinance is deemed necessary to protect the public health, safety
& welfare in that it has a direct impact upon the morale of the members of the
fire service, whose main focus is the protection and preservation of life and
property. Since firefighters are susceptible to being involved in lifethreatening
situations at any time, it is imperative that the contract amendments take effect
posthaste.
SECTION 4.
This Ordinance shall be published once as required by law in the Enterprise-
Journal, a newspaper of general circulation in the City of South San Francisco,
and shall take effect as an urgency measure immediately upon its adoption.
Passed and adopted as an urgency Ordinance of the City of South San Francisco
in accordance with Government Code Section 36937 at a regular meeting of the City
Council of the City of South San Francisco, held on the 14th day of January ,
1987, by the following vote:
AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos,
Roberta Cerri Teglia, and Mark N. Addiego
NOES: None
ABSENT: None
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 14th day of January , 19 87 .
~~Ma~o~r ~
-2-
AUTHORIZI~ THE RELEASE OF
1959 SURV~OR ~N~ITS ASSETS AND
I~O ~E
THI~ L~ 1959 iU~OR BENEFIT ~L
~EN ~E
OF ~g
PUBLIC ~L~~ R~I~NT
~D ~g
CI~ ~UNCIL
OF ~g
CI~ OF ~UTH S~ FRAN~S~
I/HEREAS, the City Council of the City of ~outh San Francisco has adopted a
Resolution of Intention to include in its contract with the Board of
Administration, Public Employeest Retirement System, pursuant to
Government Code Sections 21~80-21387, including Governmnt Code
Sention 21382.q, the Third Level of 1959 Survivor Benefits; and
Government Code Section 21382.~, requires all assets and liabilities
of all contracting agencies subject to this section, end their
employees who are covered by this section, to be pooled into a single
account;
NOW THEREFORE BE IT AGREEDs
Accumulated and/or future contributions required of the City of South
San Francisco and its covered employees are to be released, pursuant
to the provisions of Government Code Section 21382.q, to a sinEle
Recount referred to herein as the Third Level 1959 Survivor Benefits
Pool o
BOARD OF ADJ~INISTRATION
PUBLIC EHPLOYEES* RETIREI'~ENT sySTEH
S~DRA C. LUND
ASSIST~T EXECUTIVE OFFICER
~ENEFIT SERVICES
ClT~ COUNCIL
OF THE
CITY OF SOUTH SM FR~CISCO
C0505 (Rev. 9/86)
I' T
EXHIBIT A TO ORDINANCE 1C---87
EXHIBIT A TO RESOLUTION h~o 191-86
~J4F-NDHENT TO CONTRACT
BETUEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC Z~PLO¥£ES' RETIREHENT -~¥STEH
AND THE
CITY COUNCIL
OF THE
CIT~ OF SOUTH SAN FRANCISCO
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 into a contract
effective September 1, 19q5, and witnessed September 12, 19~§, and as amended
effective September 1, 19~9, December 1, 1953, January 1, 1960, January 1,
1963, February 1, 1967, January 1, 1968, January 1, 1969, November 1, 1973,
April 19, 197~, January 21, 1977, November 11, 1977, December 19, 1980 and
August 23, 1985, ~hioh provides for participation of Public Agency in said
~ystem, Board and Public Agency hereby agree as follows=
Ae
Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective August 23, 1985, end hereby replaced by the follo~ing paragraphs
numbered 1 through 11 inclusive:
Jill words and terms u~ed herein which are defined in the Public
Employees* Retirement La~ shall have the meaning as defined therein
unless other~iae specifically provided, "Normal retirement age"
shall mean age 60 for local miscellaneous members and age 50 for
local safety members.
Public Agency shall participate in the Public Employees* Retirement
System f~om and after September 1, 19~5 making its employees as here-
lnai~er provided, members of said System subject to all provisions of
the Public £mployeest 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 t~ereof, apply only on the election of a contracting
agency.
Employees of Public A&ency 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);
bo
Local Police Officers (herein referred to as local safety
members);
Employees other than local safety members (here~n referred to as
local miscellaneous members).
m
In addition to the classes of employees excluded from membership by
said Retirement La~, the Following classes of employees shall not
become members off said Retirement 8ystem~
PERSONS k'HO ARE COlqPENSATED ON AN HOUPJ.,Y BASIS k'HO ARE
ENPLOYF..D JANUARY 1, 1963 OR AFTER,
The Fraction off final compensation to be provided for each year of
credited prior and current service as a local atiscellaneous member
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2~ at age 60 Pull and Modified)°
The fraction of Final compensation to be provided for each year of
credited prior and current service ss a local safety member shall be
deternlned in accordance with Section 21252.01 of maid Retirement Lme
(2~ at age 50 Pull).
The Follo~ing additional provisions of the Public Employees*
Retirement La~, which apply only upon election of a contracting
agency, shall apply to the Publlc Agency and its employees:
Sections 21380 - 21387 (1959 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21~82.~
(Third Level of 1959 Survivor Benefits) For local miscellaneous
and local police members only.
bm
Section 21222.1 (Special 5~ Ir~rease - 1970). LeaZslation
repealed said Section effective January 1, 1980.
Ce
Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
dm
Section 20930.3 (Military Service Credit), as defined in
Chapter 830, Statutes of 1976 for local e/saellaneoua members
only.
em
Section 2002#.2 (One-Year Final Coapensation) for local safety
membera only.
Sections 21380 - 21387 (1959 Survivor Program) including
Section 21382.q (Third Level of 1959 Survivor Benefits) for
local fire fighters only.
Public Agency, in accordance with Government Code Section 207q0,
ceased to be an Wemployer~ for purposes of Section 20759 effective on
November 11, 19~T. Accumulated contributions of Public Agency shall
be fixed and determined as provided in Government Code Section 20759,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
10.
Public Jt~enc~ shall contribute to sa~d Retirement
With respect to local ,ttacellaneoua members, the agency shall
contribute the followin& percentages of salaries earned aa
~eebera off said Retirement Systemz
(1}
0.079 percent until June 30, 2000 on account of the lia-
bility flor prior aetwice benefits. (Subject to annual
change.)
(2)
12.566 percent until June 30, 2011 on account of the lia-
bility for current service benefits. (Subject to annual
thanes.)
be
With respect to local safety members, the a&ency shall contribute
the ffollowing percentages of salaries earned aa ~eebars of said
(1)
0.059 percent until June 30, 2000 on account of the
bility for prior service benefits. (Subject to annual
change.)
(2)
23.865 percent until June 30, 2011 on account of the lia-
bility for current service benefits. (Subject to annual
change.)
(3)
O.Oa6 percent until June 30, 2011 on account of the
btl~ty for the t959 Survivor Pro~ramo (Subject to annual
oh an&e o )
Ce
Publtc Agency shall contribute $3.50 per employee on account
of the liability for the 1959 8urvivor Program provided under
Section ~1382.# of said Retirement Law° (~ubJect to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
baaed on term Insurance rates, flor beneficiaries of all local
Fire Fi&biers members only.
reasonable amount, aa fixed by the Board, payable in one
atallment w~thin &O days of date of contract to cover the costs
of admin~atering sa~d System as it affects the employees of
Public Agency, not ~ncludin& the coats of special valuations or
of the periodic lnvestIzation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the coats of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees~ Retirement Law, and on account off the experience under the
Retirement System aa determined by the periodic ~nveatl&ation and
valuation required by said Retirement ~aw.
11.
B. This amendment ahall be effectivA on the
BOARD OF ADMINISTRATION
PUBLIC ZHPLOYEE$e RETIREMENT SYSTEM
Contributions required of Public Agency and ira employees aha1! be
paid by Public Agency to the Retirement System within thirty daya
affter the end oF the period to which said contrtbutlona rafter or aa
may be preaeribed by Board reg~lation. If more or leaa than the
correct amount of contributions ia paid flor any period, proper
adjustment ahall be made in connection with subaequent remlttancea.
AdJuatnents on socount of errors in contributions required of any
employee may be made by direct payments between the employee and the
day of
CI~/ COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
SIDNEY C. McCAUSLAED, ' ~'"'""'
E[;CUTIV£ OFFIC£R ~
BY
Mitness Date
Approved sa to form{
Legul Office, Dste
Attest:
Date
PER$-CON-702 (AH~NDHENT)
(Rev. 9/~5)
APPROVED AS TO FORM:
VALERIE J J/AR~'~IENTO
cIrY ATTORNEY
Public Employees' Retirement System
Field & Contracts Services Division
Contracts Office, Section 900
P.O. Box 90109
Sacramento, CA 95809-0109
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
DATE: January 16, 1987
I hereby certify:
of
That the City Council
(Governing Body)
the City of South San Francisco adopted
(Public Agency)
on
January 14, 1987
(Date)
, by an affirmative vote of a majority of the
members of said Governing Body, Ordinance No.
(Ordinance or Resolution)
1009-87
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance NO. 1009-87
(Ordinance or Resolution)
in the form
furnished by said Board of Administration being attached hereto.
C 1 erk xO~x>~rm~a~< ~
City of South San Francisco
Name of Agency
PERS-CON-5
C0614 {Rev. 10/85)