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Home My WebLink AboutOrd 1186-1996ORDINANCE NO. 1186-96 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 THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment to agreement authorized. An amendment to the contract between the City Council of the City of South San Francisco and the Board of Administration, California Public Employees' Retirement System ("PERS")is hereby authorized. A copy of the amendment is attached and incorporated as Exhibit "A". SECTION 2. city Manager authorized to execute. The City Manager is hereby authorized to execute the amendment on behalf of the City. SECTION 3. Publication and Effective Date This ordinance is declared to be an Urgency Ordinance, adopted pursuant to the provisions of Government Code §36937, in that it is for the immediate preservation of public peace, health and safety. The City Council finds and declares that it is necessary to adopt this Urgency Ordinance because PERS requires that the Ordinance approving the agreement be effective by June 30, 1996. This Ordinance is deemed necessary to protect the public health, safety and welfare in that the City desires to ensure timely implementation of the recently approved employment agreement with various City employee groups to ensure continuation of all City services. SECTION 4. This Ordinance shall be published once as required by law in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, and shall take effect immediately as an Urgency measure. Adopted as an Urgency Ordinance of the City of South San Francisco in accordance with Government Code §36937 at a regular meeting of the City Council of the City of South San Francisco, held on the 12th day of June , 1996, by the following vote: AYES: Councilmembers Joseph A. Fernekes, Eugene R. Mullin, John R. Penna, Robert Yee and Mayor Jack Draqo NOES: None ABSTAIN: None ABSENT: None ' City Clerk ~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 12th' day of June , 1996. Pets Amend. Ord 2 ORDINANCE NO. 1186-96 EXHIBIT A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO 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 September 1, 1945, and wimessed September 12, 1945, and as amended effective September 1, 1949, December 1, 1953, January 1, 1960, January 1, 1963, February 1, 1967, January 1, 1968, January 1, 1969, November 1, 1973, April 19, 1974, January 21, 1977, November 11, 1977, December 19, 1980, August 23, 1985, January 23, 1987, December 22, 1989, January 1, 1992, October 9, 1993 and April 23, 1994, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Ao Paragraphs 1 through 12 are hereby stricken from said contract as executed effective April 23, I994, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 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 55 for local miscellaneous members and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1945 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. 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); Employees other than local safety members (herein referred to as local miscellaneous members). 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: PERSONS WItO ARE COMPENSATED ON AN HOURLY BASIS WHO ARE EMPLOYED JANUARY 1, 1963 OR AFTER. LEASE DO NOT'SIGN 'EXHII Ii ONLY" 10. 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 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2 % at age 55 Modified and Full). 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 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be Subject to the following optional provisions: Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. Section 21222.1 (Special 5 % Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post-Retirement Survivor AlloWance). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. e. Section 20042 (One-Year Final Compensation) for local safety members only. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only. g. Section 20965 (Credit for Unused Sick Leave) for local fire members only. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on November 11, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 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. Public Agency shall also contribute to said Retirement System as follows: Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. 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. c. 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. 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 investigation and valuation required by said Retirement Law. 12. 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. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREME.h~STEM BY CHIEF ACTUARYx..~{..) ACTUARIAL PUBLIC EM~/~ES' RETIREMENT SYSTEM day of ,19 CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCIS ~C~ Presiding Officer Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 1/96)