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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)