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city council Meeting 1-26-93 Santa Monica, California
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
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CA:jld645/hpc/pc
city council Meeting 1-26-93 Santa Monica, California
ORDINANCE NUMBER 1662 (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further, are hereby repealed or modified to that extent necessary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.
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. 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:
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JOE LAWRENCE
Acting City Attorney
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J AMENDMENT TO CONTRACT COpy
..#~ BE'lWEEN THE
BOARD OF ADMINl~-n(ATION
~~ OF THE
PUBUC EMPWYEES' RETIREMENT SYSTEM
~~ AND THE
CITY COUNCIL
.p OF 'UtE
# CITY OF SANTA MONICA
The Board of AdminiRttation, Public Employees' Retirement System, herei:m~fter referred to as Baud,
and the governing body of above public agency, hereinafter referred to as Public Agency, baving entered
into a contract effective July I, 1944, and witnessed AprilS, 1944, and as amended effective March I,
1950. September I, 1951, June 1, 1954, November 1. 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 and January I, 1992, which provides for participation 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 I,
1992, and hereby replaced by the following paragraphs numbered 1 throup 12 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement
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 fire 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
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of said
Retirement System except such an 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 (included as local safety members);
d. Employees other than local safety members (herein referred to as local
miscellaneous members).
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ttEASE DO NOT SIGN "EXHIBIT om",
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 percentage of timll 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-balf pay at age 55 Full).
7. The percentage of final compensation to be provided for each year of credited prior and
current service as a local police member and local tire member shall be determined in
accordance with Section 21252.01 of said Retirement Law (27'G at age SO Full).
8. Public Agency elected to be subject to the following optional provisions:
a. Section 20019.3 (RLocal Safety MemberR 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 (Specia15% Increase -1970). Legislation repealed said Section
effective 1anuary 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),
Stmltes of 1976.
g. Section 20818 (Two~Years Additional Service Credit).
9. Public Agency shall contribute 10 said Retirement System the contributions detR'i],}ned
by actuarial valuations of prior and future service liability with respect to local
mi~ce1lan.eous members and local safety members of said Retirement System.
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10. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fu.ed 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 coiWli>utiODS required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effective on the day of
,Il-'
BOARD OF ADMINISTRATION ~ CITY COUNCIL
PUBLIC EMPLOYEES. RETIREME~ STEM OF TIlE
CITY OF SANTA MONICA
I !:
BY BY ~
CHIEF. CONTRACT SER DMSION Presiding Officer 4r;
PUBLIC EMPLOYEES' MENT SYSTEM
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,~ Witness Date &
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Attest: ~
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Clerk _I
PERS-CON-702 (AMENDMEN11
(Rev. 1192)
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Adopted and approved this 26th day of January, J.993.
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I hereby certify that the foregoing Ordinance No. 1662(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 26th day of January 1993 by the following council vote:
Ayes: Councilmembers: Abdo, Greenberg, Holbrook, Olsen,
Rosenstein, Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Genser
ATTEST:
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