SR-8-A (103)
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City Council Meeting 9-22-98
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({'if fM.i(~-'?'1V SEP 221!198
~ ~Pr Santa MOnica, California
8ft
TO Mayor and City Council
FROM City Attorney
SUBJECT Ordinance 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
Introduction
At Its meeting on September 8, 1998, the City Council Introduced for first reading an
ordInance authOriZing an amendment to the City's contract With the Board of Administration
of the California PubliC Employee's Retirement System The ordinance IS now presented
to the City Council for adoptIon
Recommendation
It IS respectfully recommended that the accompanYing ordinance be adopted
PREPARED BY
Marsha Jones Moutrle, City Attorney
1
(Jfr
SEP 2 2 1998
.
ORDINANCE NUMBER 1924
~~1
OeD. :\tlq2---~ c Cs
(2 - ~S" 3' g
(City CouncIl Senes)
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 Admimstratlon, Callforma Public Employees'
Retirement System IS hereby authonzed, 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 authonzed, 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inCOnsistencies and no further, are hereby repealed or modIfied to that extent necessary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 sectlon, subsectIon, sentence, clause. or phrase of this
Ordinance IS for any reason held to be Invalid or unconstltuttonal by a deCISion of any court
of any competent Junsdlctlon, such deCISIon shall not affect the validity of the remaIning
porttons 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 trom the passage thereot 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
hb-~~L
u
Marsha Jones Moutne
City Attorney
Robert Holbrook, Mayor
State of California )
County of Los Angeles) 55
CIty of Santa MOllIca )
I, Mana M Stewart, CIty Clerk of the City of Santa MOnIca, do hereby certIfy that the foregomg
Ordmance No 1924 (CCS) was Introduced on September 8, 1998 and adopted on September 22,
1998 by the followmg vote
Ayes
Connell members Ebner, FeinsteIn, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes
Council members. None
Abstmn
Councll members None
Absent.
Councll members None
ATIEST
Marla M. Stewart, City Clerk
~?t1P70t/g
AMEND~NTTOCONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC El\fPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA MONICA
EXHIBIT
Ste (1()I) Cbn7rtra3
If 361{% f 3q 1/
The Board of AdmmistratlOn, PublIc Employees' Retirement System, hereinafter referred to as
Board. and the governmg body of above publIc agency, heremafter referred to as Pubhc Agency,
havmg entered mto a contract effecTIve July 1, 1944, and Witnessed Apnl 5, 1944, and as
amended effeCtlve 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, May 13.1984, January 1, 1992, Apnl 25, 1993 and January
12, 1996 WhICh provides for partlCIpatIon of Public Agency In SaId System, Board and Publ1c
Agency hereby agree as follows'
A Paragraphs 1 through 12 are hereby strIcken from SaId contract as executed effectIve
January 12, 1996, and hereby replaced by the foLlowmg paragraphs numbered 1 through
12 InclUSIVe
All words and terms used herein WhICh are defmed in the Pubhc Employees'
Retirement Law shall have the meamng as defined therein unless otherwIse
speCIfically provIded "Normal retIrement age" shall mean age 60 for local
mIscellaneous members, age 50 for local fire members and local pohce members,
and age 55 for ocean beach lifeguards
2. PublIc Agency shall partICIpate tn the PublIc Employees' RetIrement System from
and after July 1, 1944 makmg Its employees as heremafter 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 herem and to all amendments to saId Law hereafter enacted except those,
wh.Ich by express provislOns thereof, apply only on the election of a contractmg
agency
3 Employees of Pubhc Agency In the follmvmg classes shall become members of
saId Retlrement System except such m each such class as are excluded by law or
tills agreement
a Local FlIe FIghters (herem referred to as local safety members),
PlEAS~ DO NOT SiGN "EXHIBIT ONLY'
b Local Pollce Officers (herem referred to as local safety members),
c Ocean Beach LIfeguards (mcluded as local safety members),
d Employees other than local safety members (herem referred to as local
mIscellaneous members)
4 In addmon to the classes of employees excluded from membership 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 credited
pnor and current servIce as a local mIscellaneous member shall be detemuned m
accordance with SectIOn 21353 of said Retuement Law (2% at age 60 Full)
6 The percentage of final compensatIon to be prOVIded for each year of credl1ed
pnor and current servIce as an ocean beach lifeguard shall be determmed m
accordance With Section 21366 of said Retuement Law (One-half pay at age 55
Full)
7 The percentage of final compensation to be proVIded for each year of credIted
pnor and current service as a local pollce member and local fire member shall be
determmed In accordance \Vlth Section 21362 of said Retirement Law (2% at age
50 Full)
8 Pubhc Agency elected and elects to be subject to the followmg optIOnal
proVISIOns:
a SectIon 20421 ("Local Safety Member" shall mclude ocean beach
hfeguards of a CIty as descTlbed m Government Code SectIon 20421).
b Section 21571 (BaSIC Level of 1959 SurvIvor Benefits) for local
mIscellaneous members and ocean beach llfeguards
c SectIOn 21222 1 (SpeCIal 5% Increase-1970). LegislatIOn repealed SaId
SectIOn effectlve January 1, 1980
d SectIons 21624 and 21626 (Post-Retirement SUrvIVor Allowance) for local
polIce members and local fire members only
PLEASE DO Ner SIGN "EXHJBlr ONLY.
e. SectIon 20042 (One- Year Final CompensatiOn) for local pollee members
and local fire members only.
f SectIOn 21024 (MilItary Service Crewt as PublIc ServIce), Statutes of
1976
g SectIOn 20903 (Two Years Adwtional ServIce CredIt)
h SectIOn 21573 (Thud Level of 1959 Survivor Benefits) for local polIce
members and local fire members only
9 PublIc Agency shall contribute to S3.1d RetIrement System the contributions
determmed by actuarial valuations of prior and future servIce lIabIlIty WIth respect
to local mIscellaneous members and local safety members of s31d Retlrement
System
10 PublIc Agency shall also contrIbute to said RetIrement System as follows'
a Per covered member. $0 per month on account of the lIabIlity for the 1959
Survivor Benefits proVIded under SectIOn 21573 of said Retirement Law
(Subject to annual change) In addItion, all assets and habihties of Pubhc
Agency and its employees shall be pooled In a smgle account, based on
term Insurance rates, for SurvIVorS of all local pohce members and local
fire members.
b A reasonable amount, as fixed by the Board, payable III one installment
WIthm 60 days of date of contract to cover the costs of admimstering saId
System as it affects the employees of PublIc Agency, not including the
costs of speCIal valuatIons or of the penochc 1DvestlgatlOn and valuations
reqUIred by law.
I
C A reasonable amount, as fixed by the Board, payable In one mstallment as
the occaSIons anse. to cover the costs of special valuations on account ,of
employees of Pubhc Agency, and costs of the pen OdIC investigation and
valuations reqUired by law.
11 ContnbutlOns 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 determmed by the periodiC mvestlgatlOn and valuatIon reqUIred by said
Retirement Law
12 Contnbutions reqmred of Pubhc Agency and its employees shall be paId by
PublIc Agency to the RetIrement System WIthm fifteen days after the end of the
perIod to whIch said contrIbutIOns 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 in connection With subsequent
remittances Adjustments on account of errors III contrIbutions reqwred of any
employee may be made by dIrect payments between the employee and the Board
BOARD OF ADMINISTRA nON
PUBLIC EMPLOYEES' RETIREMENT S~STEM
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BY ff BY C':~
KENNETH W MARZION, C~&; PRESIDING OFFICER ~~-
ACTUARIAL & EMPLOYE RVICES DIVISION ~..>: '
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PUBLIC EMPLOYEES' ~caREMENT SYSTEM __ :,.."....
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11us amendment shall be effective on the
A\-1El"DME\;T
PERS-COl'<-702A (Rev 8\(6)
day of
.19_
CITY COUNCIL
OF THE
CITY OF SANTA MONICA
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WItness Date-'~ ,
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Attest .-<'..}
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Clerk
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RESOLuTIO~ # 9315
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA
WHEREAS, the PublIC Employees' Retirement Law permIts the partIcipation of
public agencies and their employees In the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said pubhc agencies may
elect to subject themselves and their employees to amendments to said Law. and
WHEREAS. one of the steps In the procedures to amend thiS contract IS the
adoptIon by the governmg body of the public agency of a Resolution giVing notice of Its
intention to approve an amendment to said contract. which Resolution shall contain a
summary of the change proposed In said contract, and
WHEREAS. the follOWing IS a statement of the proposed change
To proVide SectIon 21573 (Third level of 1959 SurvIvor Benefits) for local
fire members
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF SANTA MONICA does hereby give notice of mtentlon to approve an amendment to the
contract between said public agency and the Board of Administration of the PublIC
Employees' Retirement System, a copy of said amendment bemg attached hereto, as an
"ExhIbit" and by thiS reference made a part hereof
The City Clerk shall certify to the adoption of this Resolution. and thenceforth and
thereafter the same shall be In full force and effect
APPROVED AS TO FORM
Jul'.I-'ftA~
MARSHA- JbN~ MOUTRIE
CIty Attorney
:~
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Adopted and approved thIs 8th of September. 1998
/ . /
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/'L t':..( / ~/ H...
Robert HolbrooK Mayor
I, Mana M Stewart, CIty Clerk of the Crty of Santa MOnica. do hereby certify that
the foregoing ResolutIon 9315 (CCS) was duly adopted at a meetIng of the Santa
MOnica CIty Council held on the 8th of September, 1998 by the following vote
Ayes Councrlmembers
Ebner, Felnstem, Genser, Greenberg, Holbrook,
O'Connor
Noes Councllmembers
None
AbstaIn Councllmembers
None
Absent Councllmembers
Rosenstein
ATTEST
~~.~
Mana M Stewart, City Clerk
.-" . .:-
AGREEl\ffiNT $-- '73Yur Ccs
TO POOL
1959 SURVIVOR BEl'r'EFITS ASSETS AND LIABILITIES
BETI\"EEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEl\-t
M1J>THE
CITY COUNCIL
OF THE
CITY OF SM. A MONICA
WHEREAS, Government Code Sectlon 21573 provIdes for a smgle employer rate to be
establIshed to provIde benefits under saId SectIon on account of members employed
by contractmg agencIes electIng to Include the provlSlon of saId SectIon m theIr
contracts, and
WHEREAS, Government Code SectIon 21573. requIres poolmg of all assets and lIabIlItIes of all
contractIng agencIes subject to saId Sectlon,
NOW, THEREFORE BE IT AGREED, that assets and lIabIlItIes of the CIty of Santa Moruca and
Its covered employees shall be pooled pursuant to the prOVIsIons of Goverrunent
Codes SectIon 21573
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY OF SANTA MONICA
BY
KENNETH W MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
JOHN JALILI, CITY MANAGER
Date
ATTEST
APPROVED AS TO FORM'
l~.L' JudM/J ~
MARSHA JOr{Jt.S MO'UTRIE
CITY ATTORNEY
MARIA M STEW ART
CITY CLERK
PERS-CO'\'-59 (Rev 7196)