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O1607 ~ e e CA:RMM:jld645/hpc/pc City Council Meeting Santa Monica, California ORDINANCE NUMBER 1607 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Santa Monica and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The city Manager is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 1 - e e SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the off icial newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: .!I"""..... ~ ;f.~ f-"~.J--I-..... ~ ~~~~~~ J l~.,.w~"""""'=--"'''''"":fl ~ .--"') -O! ..... ......".l ROBERT M. MYERS City Attorney - 2 - . AMEI\fJ)ME~1 TO CONTRACT BETWEEN THE BOARD OF ADMI~TJSTRATIO~ OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND TIlE CITY COUNCIL OF THE CITY OF SAL'IT A MONICA e .Pk. . '1J'1" t'O 1'0)' ..va ~ " ~~ o~ I.".. e . The Board of AdmlDlstratlOn, Public Employees' Reurement System, heremafter referred to as Board, and the governmg body of above pubhc agency, heremafter referred to as Public Agency, havmg entered mto a contract effectlve July 1, 1944, and witnessed Apnl 5, 1944, and as amended effective March 1, 1950, September 1, 1951, June 1, 1954, November 1, 1960, February 1, 1962, September 12, 1965, November 1, 1969, November 25, 1973, January 20, 1974, March 3, 1974, June 28, 1981 and May 13. 1984, which provides for particlpatLonofPubhc Agency m said System, Board and Pubhc Agency hereby agree as follows: A Paragraphs 1 through 11 are hereby strIcken from saId contract as executed effective May 13, 1984, and hereby replaced by the followmg paragraphs numbered 1 through 12 inclUSive: 1 All words and terms used herem which are defined m the Public Employees' Retirement Law shall have the meaning as defined therem unless otherwise specIfically provided. "NormaJ reUrement age" shall mean age 60 for local miscellaneous members, age 50 for 10caJ fire and local police members, and age 55 for ocean beach lifeguards ., *' Pubhc Agency shall panlclpate m the Pubhc Employees' Reurement System from and after July 1, 1944 makmg Its employees as heremafter proVided, members of said System subject to ail prOVISions of the PublIc Employees' RetIrement Law except such as apply only on election of a contractmg agency and are not prOVided for herem 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 3. Employees of Pubhc Agency 10 the followmg classes shall become members of said Retirement System except such 10 each such class as are excluded by law or thIS agreement: a. Local Fife Fighters (herem referred to as local safety members), b Local Pohce Officers (herem referred to as local safety members), c. Ocean Beach Lifeguards (included as local safety members), d Employees other than local safetv members (herem referred to as local mIse ell aneous members) e ;LEASE DO e ,\IOT 5;CN uevufBIT 0 - .~- ~ NL~; 4 In addItion to the classes of employees excluded from membersbip by said Retirement Law. the followmg classes of employees shall not become members of said Retirement System. NO ADDITIONAL EXCLUSIONS 5 The percentage of final compensation to be provided for each year of credned prior and current servIce as a local mIscellaneous member shall be determmed in accordance With SectIOn 21251.13 of said Retirement Law (2% at age 60 Full) 6 The percentage of final compensation to be provided for each year of credited prior and current service as an ocean beach lifeguard shall be determmed 10 accordance With SectIOn 21252.1 of said RetIrement Law (One-half pay at age 55 Full) 7 The percentage of final compensauon to be proVIded for each year of credIted pnor and current servIce as a local fire member and local police member shall be determmed 10 accordance With Section 21252 01 of said Reurement Law (2 % at age 50 Full) 8. Public Agency elected to be subject to the follOWing optional prOVISions: a. SectIon 20019.3 ("Local Safety Member" shall mclude ocean beach lifeguards of a cIty as described 10 Government Code SectIon 200193). b. Sections 21380-21387 (1959 Survivor Benefits) excludmg Section 21382.2 (Increased 1959 Survivor Benetits) and Section 21382 4 (ThIrd Level of 1959 Survivor Benetlts) , c Sectlon 21222 1 (Special 5% Increase - 1970) LegislatIOn repealed said Section effectIve January I, 1980 d. SeCtIons 21263 and 21263 1 (Post-Retirement Survlvor Allowance) for local fire members and local pollee members only e Section 200242 (One-Year Fmal Compensation) for local fire members and local police members only f Sectlon 20930 3 (MIlitary Service Credit as Public ServIce), Statutes of 1976 9 Public Agency shall contnbute to said Retirement System the contflbutlOns determmed by actuanal valuations of pnor and future service liability With respect to local mIscellaneous members and local safety members of said Retirement System ~ e e 10. Public Agency shall also contribute to said Retirement System as follows a A reasonable amount, as fixed by the Board. payable 10 one 10stallment wIthin 60 days of date of contract to cover the costs of admInlstenng saId System as It affects the employees of Public Agency, not 10cludmg the costs of special valuatIons or of the penodlc Investigation and valuatIons reqUIred by law b A reasonable amount, as fixed by the Board, payable in one mstallment as the OCCasIOns arise. to cover the costs of specIal valuatIons on account of employees of Pubhc Agency, and costs of the penodlc InvestIgatlon 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 Retlrement System as determmed by the periodic mvestlgatlon and valuation reqUIred by said Retirement Law ContnbutIons 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 penod to which saId contnbutIons refer or as may be prescnbed by Board regulation. If more or less than the correct amount of contnbutlons IS paId for any penod, proper adjustment shall be made m connectIon WIth subsequent remittances. Adjustments on account of errors In contnbutlons required ~ any employee may be made by direct payments between the employee and the Boar~ (J TIus amendment shall ~ effective on the ~~ 19 ~: ' - k) BOARD OF ADMINISTRATI~ PUBLIC EMPLOYEES' RE~MENT SYSTEM q & <- BY a CHIEF, CONTRAc.i)SERVICES DIVISION PUBLIC EMPulfES' RETIREMENT SYSTEM ~ 12. B PER$-CON-702 (AMENDMENT) (Rev 3/91) day of CITY COUNCIL OF THE (, CITY OF SANTA MONICA ~ <:) S;;- BY # Presldmg Officer ~ (t i:f A Witness Date .f.>' <:)0 Attest c} /9 Clerk ... e e Adopted and approved this 26th day of November, 1991. aU/'6 /6Mayor - I hereby certify that the foregoing Ordinance No. 1607(CCS) was duly and regularly introduced at a meeting of the ci ty Council on the 12th day of November 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 26th day of November 1991 by the following council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counci1members: None ATTEST: ~ .~~ ~hI~ ---- City ~k'f -