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Home My WebLink AboutOrd 1317-2002ORDINANCE NO. 1317-2002 AN URGENCY ORDINANCE APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WI-IEREAS, the City of South San Francisco has agreed to provide enhancements to the City's retirement system as part of negotiations with members of the South San Francisco Chapter of :he International Association of Firefighters, the Police Association and the Public Safety Mam_gers Unit; and WHEREAS, The California Public Employees' Retirement System staff have prepared the attached Amendment to Contract to implement this enhanced retirement benefit (Section 21362.3 [3% @ 50 Full Formula]; and WHEREAS, pursuant to Government Code sections 36934, this ordinance is an urgency ordinance in that the provision of this benefit relates to the current expenses of the City. Specifically, the effective date of enhanced benefit is November 22, 2002. The provision of this enhanced retirement benefit is a contractual obligation of the agreements referenced hereinabove. "Therefore, :he City must adopt the ordinance at the time it is introduced so that the ordinance is effective at the time the City becomes contractually obligated to provide the benefit." WHEREAS, this ordinance shall apply to all relevant Chapters of the Municipal Code. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: The City Council of the City of South San Francisco does hereby approve Amendment to Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of South San Francisco attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Agreement cn behalf of the City. 1. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San F:ancisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 2. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 23r'~ day of October 2002, by the following vote: AYES: Councilmembers Joseph A. Fernekes, Raymond L. Green and Karyl Matsumoto, Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: ~/"fi'~puty City Clerk As l~_.ayor of the City of South San Francisco, I do hereby ap~ Ordinance ti~is 23ra day of October 2002. t ~yor CalPERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the BOard of Administration CalifOrnia Public Employees' Retirement System and the 'City Council City of South San'Francisco The BoarC of Administration,-California-Public Employees' Retirement System, hereinafter "eferred to as Board, and the governing body'of, the above p'ublic agency, hereinafter referred 'to as Public Agency, having entered into a contract effective September 1, 1945, and witnessed September 12, 1945, and as .ame. nded effective September 1, 1949, December 4, 1:953, January 1, 1960, January 1., '1963,, February 1, !967, Janusry 1, 1968, January 1, I969, November .1, 1973,,April 19, ~1974, January 21, :1977, November 1!, ~1.977, December 19, 19.80, August '23,. ~.985, .January:23, 1987, December 22, 1989, Janua.ry 1, 1992, October 9,~ 1993, April.23, 1994, June 13, 1996 and'May .1', 20.01 which 'provides for participation of Public Agency in' Said System, Board and.Public. Agency hereby agree.as follows: Para.qc'raphS :1 through 12 are hereby stricken from said contract as executed effect've May 11, 2001, 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 hhge 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 par[icipate 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 cfa 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: Local Fire Fighters (:herein referred 'to as.local safety members); Local Police officers (herein referred to as local safety members); Employees othei: than ;local .safety 'members (herein .referred .to as :local miscellaneous member. S); r'5, o 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: .~.. a. PERSONS WHO ARE coMpENSATED ON AN ,HOURLY BASIS WHO ARE EMP.LOYED JANUARY ~, :~1963OR A,FT'ER. 'The percentage of final.~_compensation"-'toi.~be prO~ided .for: each year. of credited prior and current service.as a local ~miscellane~us member shall be determined in accordance :with, :Section 21354:.i.'°f'.'said ~ Retirement ~Law subject ~to the reduction .~pm:vided therein. for Federal Social Security (2% atag'e 55 ,Modified .and !.FUll). The ..:percentage. of final-compensation ..'tO' be provided for..each' year of credited, prior and current service'as a Icc-al safety :member shall be determined in 'accordance ';with SeCtiOn-21362.2 Of said .Retirement :Law (3%at age 50 FUll). .Public Agency elected and elects to be subjeCt to '"the following optional provisions: Section 21571 (Basic Level of 195'9 Survivor Benefits) for local miscellaneous members only. · b. 'Section 21222.1 (One-Time 5% Increase 1970). :Legislation repealed said Section effective January l, 1980. c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). 11. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. e. Section 20042 (One-Year Final Compensation). Section 21573 (Third Level of 1959 Survivor Benefits) for local safety ..members only. g. Section 20965 (Credit for Unused Sick Leave). Public Agency, in accordance 'with Government Code Section .20790, ceased to be-an "temployer" for purposes of Section '2'0834. effeCtive on November 11, '1977. Accumulated contributions of RUblic 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 Govemment Code Section 20834. Rublic Agency shall contdb'ute to said Retirement System ~he contributions determined by actuarial valuations _of prior and future, service..liability with respeCt to local .miscellaneous members and.~local safety members of ~s.aid 'Retirement System. ' '.Public,Agency shall also contribute.,t0 said Retirement System as follows: a. Contr. ibutions '~required :per covered member .on: account o;f ,the i959 ;Su~ivor :'Benefits Provided :under Section 2t.573 Of said..Re~.irement .:Law. ~(S'Ubject to annual change.} (tn addition,, .'..all assets .a~d 'liabilitieS 'of .Public Agency and .'its e.mp!Oyees'-:s~all-'be pooled 'single account, based 'on term insurance rates.,..:f0r-,sUrvi~iors-of all local safety members. - "" -!--'" "~.~ "'" ,b. .A reasonable .amount, as fixed by the Board,-pa'Yable .in one 'Jnstallment":Within :60 days of date :of.contrabt .to co~er .the costS'.of administering' Said System as it affectS., the e. mployees of PUblic, Agency, not ;inc'luding .the. costs of special 'valUatioi'is or of'the periodic investigation .and valUations reqdired.'by ;law. c. A reasonable amount, .as fixed by the. Board, payable in one installment as ':the occasions .arise, to cover ithe costs of .special valuatiOas:on account of employees .o~...PUblic Agency, and costs ;of the periodic .investigation and valuations 'required 'by'law. Contributions ;required of Public Agency :and 'its.emploYees .shall be subject. tp iadjust_m, enl~ by. iBoard .on account'-°f'-amendr~ents .'t°" the Public l~mpt~yees Retirement .Law, and on account of:the ,exPerience'under .th'e Betirement SyStem' .as determined' by the peri°diC' 'investigatiOn and v~aluation 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 day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SOUTH SAN FRANCISCO BY KENNET, H W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT..SYSTEM BY PRESIDING OFFIOER Witness ..Date Attest: Clerk AMENDMENT EP-¢ 0093 PERS-CON-702A ',Rev. 8\02)