O2220
ORDINANCE NUMBER 2220
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO 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inconsistencies and no further, are hereby repealed or modified to that extent necessary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.
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. This Ordinance shall take effect 30 days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof the ordinance
or a summary shall be published at least once in The Argonaut, a newspaper of general
circulation, published and circulated in Los Angeles County and thenceforth and
thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Approved and adopted this 27th day of February, 2007.
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Richard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2220 (CCS) had its introduction January 23, 2007, and was
adopted at the Santa Monica City Council meeting held on February 27,2007, by the
following vote:
Ayes: Council members:
Genser, Holbrook, McKeown, Shriver
Mayor Pro Tem Katz, Mayor Bloom
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members:
O'Connor
ATTEST:
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Maria M. Stew ,City Clerk
,
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<:aIPERS
EXHIBIT
Califomia
PUblic Employees' Retirement System
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.A.MENDMENT TO
)tot I~ M~
CONT:RACT
Between the
Board of Administration
?ublic Employees' Retirement System
and the
City Council
C~ty of Santa Monica'
California
l+
The Board of Administration, Califomia Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a I;ontract effective July
1, 1944, and witnessed April 5, 1944, and as amended effs,;tjve March 1, 1950,
~,eptember 1, 1951, June 1, 1954, November 1, 1960, Februar; t 1, 1962, September
12, 1965, November 1, 1969, November 25, 1973, January 20, 1974, March 3,1974,
June 28, 1981, May "13, 1984, January 1, 1992, April 25, 1993, January 12,1996,
January 15, 1999, November 13, 1999, Novmeber 19, 2(00, April .28, 2001,
E,eptember 14, 2001, Deoember 16, 2001, January 12, 2003, September 21, 2003,
May 16, 2004 and November 14, 2004 which provides for ,:articip,?tlon of Public
Agency in said System, Board and Public Agency hereby agree as follows:
/J.. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective November 14, 2004, and hereby replace d by the following
paragraphs numbered 1 through 14 Inclusi~e:
1 . All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meani 19 as defined therein
unless' otherwise specifically provided, "Normal retirement age" shall
mean age 55 for local miscellaneous members, 10 cal fire members and
ocean beach lifeguards, and age 50 for local POliCE t members.
PLEASE DO NOT SIGN ((EXHIBIT ON -y~'
2. Public Agency shall participate in the Public E nployees' Retirement
System from and after July 1, 1944 making its em ,Ioyees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees. Retirement Law except such as appl~r only. on election of a
contracting agency .and are not provided fo' herein and to all
amendments to said Law hereafter enacted ex ;ept those, which by
express provisions thereof, apply only on the ele ction of a contracting
agency.
3. Employees of Public Agency in the following (lasses 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 101 ;al sefety members);
b. Local Police Officers (herein referred to as local safety
members);
c. Ocean Beach lifeguards (included as local safety members);
d. Employees other than local safety membe rs (herein referred to
as local miscellaneous members).
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 ADDITIONAL. EXCL.USIONS
5. The percentage of final compensation to be pro" ided for each year of
credited prior and current service as a local mise ellaneous member in
employment before and not on or after the Elffective date of this
amendment to contract shall be determined In acnordance with S~ctjon
21354 of said Retirement Law (2% at age 55 Full)
8. The percentage of final compensation to be pro\ided for each year of
credited prior and current service as a local mise ellaneous member in
employment on or after the effective date of this a llendment to contract
shall be determined in accordance with Sect on 21364.5 of said
Retirement Law (2.7% at age 55 Full).
PLEASE DO /\lOT SIGN "EXHIBIT ONLY"
7. The percentage of final compensation to be prov ided for each year of
credited prior and current service as an ocean be ach lifeguard shall be
determined in accordance with Section 21366 of said Retirement Law
(One-half pay at age 55 Full).
8. The percentage of final compensation to be pro" ided for each year of
credited prior and current service as a local pol ice member shall be
determined in accordance with Seotion 21362.2 0:' said Retirement Law
. (3% at age 50 FUll),
9, The percentage of final compensation to be provided for each year of
credited ..prior and current service as a local f re member shall be
determined In accordance wIth Section 21363.1 01 said Retirement Law
'(3% -at age 55 Full).
10. Public Agency elected and elects to be subject to the following optional
provlsiqns:
a, Section 20421 ("Local Safety Member" shall include ocean
beach lifeguards of a city as described in Government Code
SectiQn 20421).
b. Section 21571 (Basic Level of 1959 Survivl)r Benefits) for ocean
beach lifeguards.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1. 1980.
d. Sections 21624 and 21626 (Post-Hetirement Survivor
Allowance) for local police members and 101:a1 fire members only.
e. Section 20042 (One-Year Final Compensation) for local police
members, local fire members, and local ml:lcellaneous members
only.
f. Section 21 024 (Military ~ervice Credit as Public Service).
g. Section 20903 (Two Years Additional Servioe Credit).
h, Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
police members, local fire members and local miscellaneous
members only.
PLEASE DO NOT SfGN "EXHIBIT ON ~Y"
r. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit) for local fire members and local miscellaneous members
only.
j. Section 20434 ("local Fire Fighter" shall Include any officer or
employee of a fire department employed 10 perform firefighting,
fire prevention, fire training, hazardous Inaterials, emergency
medical services, or fire or arson Inve :;tigation selVices as
described In Government Code Section 20< l34).
11. Public Agency shall contribute to said Ret rement System the
Contributions determined by actuarial valuation:; of prior and future
sel"\(ice-Iiability with respect to local miscellaneol s members and focal
safety members of said Retirement System.
12. Public Agency shall also contribute to said R~tirement System as
fo 1I0ws.:
a. Contributions required per covered memt er. on account of the
1959 Survivor l3enefits provided under S eotian 21574 of said
Retirement Law. (Subject to annual cha 1ge.) In addition, all
assets and liabilities of Public Agency and I ts employees shall be
pooled in a single account, based on terr 1 insurance rates, for
survivors of all local police members, lo(.al fire members and
local miscellaneous members.
b. A reasonable amount, as fixed by the B )ard, payable in one
installment within 60 days of.~date of contr act to cover the costs
of administering said System as it affects the employees of
Public Agency, not inclUding the costs of s :>ecial valuations or of
the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the B:>ard, payable in one
installment as the occasions arise, to covelr the costs of special
valuations on account of employee::> of Put ,lie Agency, and costs
of the periodic investigation and valuations required by law.
13, Contributions required of Public Agency and it~. employees shall be
subject to adjustment by Board on account 01 amendments to the
Public Employees' Retirement Law, and on accc unt of the expertence
under the Retirement System as determin ~d by the periodic
investigation and valuation required by said Retire ment Law.
14. ContributIons required of PUbHc Agenoy and its er' lployees shell be paid
by Public Agency to the Retirement System wlthirr 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 th an the correct amount
of contributions ;s paid for any period, proper adjLstment shall be made
in connection with sUbsequent remittances. AdJulitments on account of
errors in contributions required of any employee n lay be made by direct
payments between!!f employee and the Board,
~'V
EI. This amendment shi3U ~"effective on the day of
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EIOARD OF ADMINIS~~ION CITY COUN<;/L
PUBUC EMPLOYfEf:):9IRETJREMENT SYSTEM CITY OF SA \JT A MONICA
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lORI ~C$3'ARTLAND, CHIEF
E;~OYER SERVICES DIVISION
~~~LIC EMPLOYEES' RETIREMENT SYSTEM
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PRESIDING OFFICER C~,.~
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Clerk
A'~ENDMENT ER#54
P!:RS-CON-702A (Rev. 10\05)