SR-8-F (7)
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Council Meeting: November 14, 1995
Santa Monica, California
NOV lit 1995
TO:
Mayor and Clty Council
FROM:
City Staff
SUBJECT:
Ordinance Amending the Contract between the City of
Santa Monica and the Board of Administration of the
Callfornia PubllC Employees Retirement System
(PERS) 1 Amending the Survivor Benefit Option for
Local Police Members
INTRODUCTION
This contract amendment implements a provision of the 1993
Memorandum of Understanding wlth the Santa Monica Police Officers
Associatlon. At its meeting on November 7, 1995, the City Council
adopted a Resolution of Intention to amend the contract between the
Publlc Employees Retirement System and the City of Santa Monica to
provide Third Level 1959 Survlvor Benefits for local police
members,
In accordance with the PERS rules and regulations
pertainlng to the amendment of contracts between PERS and
partlclpating public agencles, a public hearing must be held
regardlng a proposed amendment and there must be a first reading of
an Ordinance to amend the PERS contract.
The attached Ordinance
complles with the procedure required by PERS.
BUDGET/FISCAL IMPACT
The employer cost for said option is $2,00 per covered member per
month (bllled annually) commencing with the amendment effective
date, Funds are included in the budget for Flscal Year 1995-96 to
cover the cost of amending the City's contract with PERS to provide
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NOV 1 ,. 1995
Third Level 1959 Survivor Benefits for local police members,
RECOMMENDATION
It is recommended that there be a public hearlng and first reading
of the attached Ordinance which would amend the contract between
the Board of Administration of the Californla Public Employees
Retlrement System (PERS) and the City of Santa Monica to provide
Third Level 1959 Survlvor Benef~ts for local police members.
Prepared By:
Attachment:
Karen Bancroft, Director of Personnel
Ordlnance
f:\atty\muni\laws\lbc\pers
City Council Meeting 11-14-95
Santa Monica, California
ORDINANCE NUMBER (CCS)
(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 A,
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
1
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. 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:
~
MARSHA JO MOUTRIE
City Attorney
2
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA MONICA
The Board of AdtmmstratIon, PublIc Employees' RetIrement System, heremafter referred to as Board,
and the govermng body of above pubhc agency, hereInafter referred to as Pubhc Agency, havmg entered
mto a contract effective July 1, 1944, and wItnessed Apnl 5, 1944, and as amended effectIve 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 and Apnl 25, 1993, WhICh proVIdes for participatIon of Pubhc Agency III said
System. Board and PublIc Agency hereby agree as follows
A Paragraphs 1 through 12 are hereby stncken from said contract as executed effective Apnl 25,
1993, and hereby replaced by the followmg paragraphs numbered 1 through 12 mcluslve
1 All words and tenns used herem whIch are defined m the Pubhc Employees' Rettrement
Law shall have the meamng as defined therem unless otherwise speCifically prOVIded
"Normal retIrement age" shall mean age 60 for local mIscellaneous members, age 50 for
local fire and pohce members, and age 55 for ocean beach hfeguards
2 Pubhc Agency shall partiCipate m the Pubhc 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 Pubhc Employees' RetIrement Law except such as apply
only on electIon of a contractmg agency and are not prOVIded for herem and to all
amendments to saId Law hereafter enacted except those, winch by express prOVISIOns
thereof, apply only on the electIon of a contractmg agency
3 Employees of PublIc Agency m the followmg classes shall become members of said
RetIrement System except such m each such class as are excluded by law or thIS
agreement
a Local FIre Fighters (herem referred to as local safety members),
b Local Pollee 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
nuscellaneous members)
4 In addItIon to the classes of employees excluded from membershIp by Said Reurement
Law, the followmg classes of employees shall not become members of said RetIrement
System
NO ADDITIONAL EXCLUSIONS
EXHIBIT A
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 deternnned In accordance WIth
SectIon 21251 13 of saId Rel1rement Law (2% at age 60 Full)
6 The percentage of final compensatIon to be proVided for each year of credIted pnor and
current servIce as an ocean beach hfeguard shall be detemuned m accordance WIth
SectIon 21252 1 of saId Retirement Law (One-half pay at age 55 Full)
7 The percentage of final compensal1on to be prOVided for each year of credIted pnor and
current servIce as a local pohce or fire member shall be deterrmned In accordance with
SectIon 21252 01 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 20019 3 ("Local Safety Member" shall Include ocean beach hfeguards of
a CIty as descnbed m Government Code SectIon 200193)
b SectIOn 21382 (BasIC Level of 1959 SurvIvor Benefits) pursuant to ArtIcle 6
(connnencmg WIth Secuon 21380) for local nuscellaneous members, local fire
members and ocean beach hfeguards
c SectIon 21222 1 (SpeCIal 5 % Increase - 1970) Legislal10n repealed SaId Secl10n
effectIve January 1, 1980
d SectIOns 21263 and 21263 1 (post-RetIrement SurvIVor Allowance) for local
polIce and fire members only
e SeCtIon 20024 2 (One-Year FInal CompensatIon) for local pohce and fire
members only
f SectIon 209303 (Mllltary ServIce CredIt as PublIc ServIce), Statutes of 1976
g SectIon 20818 (Two Years AddItIonal Service CredIt)
h SectIon 213824 (ThIrd Level of 1959 SurvIvor Benefits) pursuant to Arncle 6
(connnencmg WIth Secuon 21380) for local polIce members only
9 PublIc Agency shall contnbute to saId RetIrement System the contnbutIons deternnned
by actuarIal valuauons of pnor and future servIce habIllty with respect to local
mIscellaneous and safety members of saId Retirement System
10 PublIc Agency shall also contnbute to saId RetIrement System as follows
a PublIc Agency shall contnbute $2 00 per member, per month on account of the
habIhty for the 1959 SUrvIVor Benefits proVIded under SectIon 21382 4 of said
RetIrement Law (Subject to annual change) In addItiOn, all assets and
habllIues of PublIc Agency and ItS employees shall be pooled m a smgle account,
based on tenn Insurance rates, for survIvors of all local polIce members
b A reasonable amount, as fixed by the Board, payable In one Installment wIthm
60 days of date of contract to cover the costs of adnuillstenng said System as It
affects the employees of PublIc Agency, not mcludIng the costs of speCial
valuations or of the penodlc InvestigatIOn and valuatlOns reqUIred by law
C A reasonable amount, as fixed by the Board, payable m one Installment as the
OCCasIOns anse, to cover the costs of speCial valuatIOns on account of employees
of PublIc Agency, and costs of the penodlc Investlgatlon and valuatiOns reqUired
by law
11 Contnbutlons reqUIred of Pubhc Agency and 11S employees shall be subject to adjustment
by Board on account of amendments to the PublIc Employees' RetIrement Law. and on
account of the expenence under the Renrement System as detenruned by the penodlc
lDvesnganon and valuatIOn reqUired by said Retirement Law
12 Contnbunons reqUired of PublIc Agency and ItS employees shall be paid by Pubhc
Agency to the Retirement System wlthm fifteen days after the end of the penod to which
said contnbunons refer or as may be prescnbed by Board regulatlon If more or less
than the correct amount of contnbunons IS paid for any penod, proper adjustment shall
be made m connection With subsequent remittances Adjustments on account of errors
In contnbutlons reqUired of any employee may be made by dIrect payments between the
employee and the Board
B
ThiS amendment shall be effective on the
BOARD OF ADMINISTRATION ,\
PUBLIC EMPLOYEES' RETIRE~~ SYSTEM
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CHIEF ACTU~~
ACTUAR!#.. ~FICE
PUBLIC -BMPLOYEES' RETIREMENT SYSTEM
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AMENDMENT
PERS-CON-702A (Rev 3/95)
.-
day of
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CITY COUNCIL
OF THE
CITY OF SANTA MONICA
BY
Presldmg Officer
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