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SR-6-B (23) . 6J~B CA:RMM:jld813/ct/pc City council Meeting 2-9-93 Santa Monica, California FEB 9 1993 STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Amending the Contract Between the Public Employees' Retirement System and the city of Santa Monica At its meeting on January 12, 1993, the city council introduced for first reading an ordinance amending the contract between the Public Employees' Retirement System and the city. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Joseph Lawrence, Acting City Attorney UJ-B FEa 9 1993 ------- ~ CA:jld645/hpcjpc 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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: &l~~ JOE ENCE Acting city Attorney ~ - 2 - .. J APofE'IDMENT TO CONTRACI COpy ~~ BEfWEEN TIlE BOARD OF ADMINb"T.KATION ~f:J~ OF TIlE PUBLIC EMPLOYRR~' RKl'lKEMEN'f SY~ThM D' AND THE ~~ l.:ITY COUNCn. OPTIm ~~ CITY OF SANTA MONICA The Board of Artmin;!tttation, Public F.m!,loyees' Retirement System. heuinsri\er referred to as Board, and the governing body of above public agency, herf!in::tfter referred to as Public Agency, having entered into a contract effective July 1, 1944, and witnessed April 5, 1944t and as amended effective Marchi, 1950, September I, 1951, June I, 1954, November I, 1960, February I, 1962, September 12, 1965, November I, 1969, November 25, 1973, January 20, 1974, March 3, 1974, June 28, 1981, May 13, 1984 :u'!.d January I, 1992, which provides for panicipation of Public Agency in said System, 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 paragiilpils I1nmhered 1 through 12 inclusive: 1. All words ::tn~ terms used herein which are defined in the Public F-m!,loyeest Ret:iremeut Law shall have the meamng as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age SO for . local fire and local police members, ::tnd age 5S 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 herein::tA;er provided, members of said System subject to all provtSions of the Public Employees' Retirement Law except such as apply only on election of a contrac.tine 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 of a contracting agency. 3. Employees of Public Agency in the followmg 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 (herem referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); . c. Ocean Beach Lifeguards (included as local safety members); d. 'R",!,loyees other '),stY! local safety members (herein referred to as local miscellaneous members). -~- - ----- . 9tEASE DO NOT SIGN ''EXHIBIT ONlr 4. In addition to the classes of employees excluded from memhership by Said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDmONAL EXCLUSIONS 5. 1be perteiiiige of final compemlltiOll to be provided for each year of credited prior .Ilnt:i current service as a local mil.ce1laneous member shall be determined in accordance with Section 2125 1.13 of said Retitewent Law (2 % at age 60 Full). 6. The percentage of finJlI compensation to be provided for each year of credited prior and current service as an ocean beach lifeguard shall be determ;nl!d in accordance with Section 21252.1 of said Retirement Law (One-balfpay at age SS Full). 7. The percentage of j'inJl] compemlltinll to be provided for each year of credited prior Jlnd current ServIce as a local police member and local fire member shall be determin<<f in accordance WIth Section 21252.01 of said Retirement Law (2 % at age SO Full). 8. Public Agency e!~~ to be subject to the following optional provisions: I. Section 20019.3 ("Local Safety Member" shall include ocean beach lifeguards of a Qiy as described in (J(w-",uwem Code Section 20019.3). b. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 SUMVOr BenclUi) and Section 21382.4 (Third Level of 1959 - Survivor BenGliii). c. Section 21222.1 (SpecW 5';' Increase - 1970). Legislation repealed said Section effective 1 ~~~!'Y 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 mernhers only. f. Section 20930.3 (Military Service Credit as Public Service), S~~~!~ of 1976. g. Section 20818 (Two-Years Additional Service Credit). ~ 9. Public Agency shall COilitUntte to said Retiremem System the CCJuiiwuiions determiniKl by actuarial vaJmmlJDS of prior and future service liability with respect to local ~ti'WI~.u.i mMft~ and local safety members of said Retiremeot System. -- . . - 10. Public Agency shall also COwilmte to saul Retirement System. as follows: a. A reas(1m~ble Ilmount. as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of ~c1m;ni!ll.~ering said System as it affects the employees of Public Agency. not including the costs of special va)mIhQDS or of the penodic investigation and valuations required by law. b. A reasonable am"nrtt~ as fixed by the Board, payable in one installment IS tho occasions arise, to cover the costs of special VaJll2tlQns on acwwu 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 valuatlon required by saul Retirement Law. 12. CoW-ibutiODS required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the ~d of the period to which said cow-iliutiODS refer or as may be prescribed by Board regulation. If more or less tbm the correct amount of comributkms is paid for any period, proper adj1lStlDeDt ~hSll1 be made in connection with subsequent remittance:s. Adjustments on account of errors in co~ibutioDs required of any employee may be made by direct payments betweeD the employee Ilnd the Board. B. This aJI'endment shall be effective on the day of . 11~ BOARD OF ADMINlSTKATION rr CITY COUNCIL PUBliC EMPLOYEES' ~ STEM OF THE CITY OF SANTA MONICA " !: BY BY ~ C~, CONTRAcr SER Presiding Officer ~ PUBUC EMPLOYEES' ~ " ,~ Witr!~~ Date ~ ;- ~iJj . Attest: ~ ~ CI<<k _I PERS-CON-702 (AMENDMENlj (Rev. 1/92) ....._~--- ----- - Adopted and approved this 9th day of February, 1993. Ofd~ j/!/- Mayor I hereby certify that the foregoing ordinance No. 1666(CCS) was duly and regularly introduced at a meeting of the City council on the 12th 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/dn->- -~ City Clerk