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O1666 CA:jld645/hpc/pc City Council Meeting 2-9-93 Santa Monica, California ORDINANCE NUMBER 1666(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 to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 - 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 official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~ JOE ENCE "- Acting City Attorney ., - 2 - ~ -0" ..#~ r.,~ ~~ ~tj .p. ~4 AMENDMENT TO CONfRAC'f BE'IWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA COpy The Board of Administration9 Public Employees' Retirement System9 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 July 1, 1944, and witnessed April 5, 1944, and as amended effective March 1, 1950, September 1, 19519 June 1, 1954, November 1, 1960, February 1, 1962, September 129 1965, November 1, 1969, November 25, 1973, January 20, 1974, March 39 1974, June 28, 1981, May 13, 1984 and January 1, 1992, which provides for participation of Public Agency in said System9 Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective January 1, 1992, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retiremeat Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age SO for local tire and local police members, and age 55 for ocean beach lifeguards. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1944 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 thereof9 apply only on the election of a contracting agency. . 3. Employees of Public Agency in the following classes shall become members of saicl 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); c. Ocean Beach Lifeguards (mcluded as local safety members); d. Employees other than local safety members (herein referred to as local miscellaneous members). 11fASE DO NOT SIGN ''EXHIBIT ONtr 4. 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: NO ADDmONAL EXCLUSIONS 5. The percent3ge 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 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 determined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55 Full). 7. The percent3ge of final compensation to be provided for each year of credited prior and current service as a local police member and local fire member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age SO Full). 8. Public Agency elected to be subject to the following optional provisions: a. Section 20019.3 ("Local Safety Member" shall include ocean beach lifeguards of a city as described in Government Code Section 20019.3). b. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). c. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Sections 21263 and 21263.1 (post-Retirement Survivor Allowance) for local fire members and local police members only. e. Section 20024.2 (One-Year Final Compensation) for local fire members and local police members only. f. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. g. Section 20818 (Two-Years Additional Service Credit). ., 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local mi-Ilaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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. This amendment shall be effective on the .1~. cBOARD OF ADMINISTRATION ~ PUBLIC EMPLOYEES' ~ STEM " day of B. BY CHmF.CONTRACTSER PUBUC EMPLOYEES' .@ ,'~ <; DMSION SYSTEM CITY COUNCIL OF THE CITY OF SANTA MONICA ~ BY ~. Presiding Officer ~ " .. ~- ~ ~ 0- .~ ~ Clerk _I Attest: Witness Date PERS-CON-702 (AMENDMENlj (Rev. 1/92) Adopted and approved this 9th day of February, 1993. fjt #lior I hereby certify that the foregoing Ordinance No. 1666(CCS) was duly and regularly introduced at a meeting of the city Council on the l2th day of January 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 9th day of February 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: ., ~/4~ '--- City Clerk