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SR-8-A (165) f \atty\munl\strpts\mJm\pers2 2d City Council Meeting 12-15-98 tJrri.# /qtCJ ~2~~ {(~f.tp:~.f~- 11-2A/-1! ~h C1;n/1Tacf=tf 7?Jq~ Santa MOnica, California SA DEe f 5. TO Mayor and CIty Council FROM City Attorney SUBJECT Ordinance Authonzlng 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 and Repealing Ordinance Number 1924 (CGS) Introduction At Its meeting on November 24, 1998, the City Council Introduced for first reading an ordinance authonzlng an amendment to the City's contract with the Board of AdminIstration of the California Public Employee's Retirement System and repealing Ordinance Number 1924 (CCS) 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 Moutrre, City Attorney 1 &ft DEe, 5. i ORDINANCE NUMBER 1929 (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 AND REPEALING ORDINANCE NUMBER 1924 (CCS) THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 The contract between the City Council of the City of Santa MOnica and the Board of Administration, California Public Employees' Retirement System ("Contract") IS hereby amended A copy of the amendment ("Amendment") IS attached hereto, marked ExhIbit A, and Incorporated herein by this reference SECTION 2 The CIty Manager IS hereby authonzed, empowered, and directed to execute the Amendment to the Contract for and on behalf of the City SECTION 3 Ordinance No 1924 (CCS) IS repealed SECTION 4 Any provIsion of the Santa Monica MUniCipal Code or appendices thereto inconsistent with the provISions of thiS Ordinance, to the extent of such t InconsistencIes and no further, are also repealed or modified to that extent necessary to affect the provIsions of thiS Ordinance SECTION 5 If any section, subsection, sentence, clause, or phrase of thiS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 Junsdlctlon. 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 6 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 ~ - , EXHIBIT A ~ EXHIBIT AMEl'iDME!\T TO CO!\'TRACT -# BETVlEEI\" THE BOARD OF ADMINISTR4. TIO~ OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM A:!'iD THE CITY COUNCIL OF THE CITY OF SANTA MONICA The Board of AdmlnlstratIon. PublIc Employees' Retirement System. heremafter referred to as Board. and the governmg body of above publIc agenc). heremafter referred to as Pubhc .-\.genc). hanng entered mto a contract effective Juh 1. 1944. and wItnessed Apnl 5. 1944. and as - - amended effectlve March 1. 1950. September 1. 1951 June 1. 1954. November 1. 1960. Febru~ 1. 1962. September 12 1965. November 1 1969. November 25. 1973 Janual! 20. 1974 ylarch 3.1974. June 28 1981. May 13. 1984. Januar:- 1. 1992. April ~5. 1993 and Januaf) 12 1996 V.hlCh provides for pamclpanon of PublIc Agency 10 saId System. Board and Pubhc Agency hereb;. agree as follows ~ Paragraphs 1 through 12 are hereby stncken from said contract as executed effec!1\'e Janua~ 12. 1996. and hereby replaced b;. the followmg paragraphs numbered 1 through 12 mcluslve All words and terms used herem whIch are defined In the Public Employees' RetIrement La"" shall have the meamng as defined therem unless othen....ise speclfical1;. provided "1\"orrnal retlrement age' shall mean age 60 for local mIscellaneous members age 50 for local fire members and local pohee members and age 55 for ocean beach hfeguards "'l Pubhc Agenc~ shall partIcIpate In the Pubhc Employees' RetIrement System from and after Jul) 1. 1944 makmg itS employees as heremafter pwnded. members of Said System subject to all pronslOns of the Pubhc Employ'eest RetIrement La\" except such as apply only on e1ectlon of a contractmg agenc~ and are n01 proVIded for herem and to all amendments to said La\\ hereafter enacted except those. \\'hlch by express prOVIsIOns thereof apply onl~ on the electIon of a contractmg agenc) ~ :, Employees of Public Agency m the followmg classes shall become members of saId Retirement System except such tn each such class as are excluded by law or thIS agreement a Local FIre FIghters (herem referred to as local safety members). PLEAS: 8J NOT SiGN /IEXHIBIT ONLY6 b Local PolIce Officers (herem referred to as local safet~ members). c Ocean Beach LIfeguards (mcluded as local safet~ members). d Employees other than local safe~ members (herem referred to as local mIscellaneous members) 4 In addItIon to the classes of employees excluded from membership b~ smd Retirement La\\. the followmg classes of employees shall not become members of saId RetIrement System NO ADDITIO!'iAL EXCLUSIONS .... The percentage of final compensauon to be proVIded for each year of credlled pnor and current sen.'lce as a local mIscellaneous member shall be detemllned m accordance WIth SectIon 21353 of saId Reurement Law (20;0 at age 60 Ful]) 6 The percentage of final compensatIon to be proVIded for each year of credlled pnor and current seT\'lce as an ocean beach lIfeguard shall be determmed In accordance WIth Secl10n 21366 ofsmd RetIrement La\\ (One-half pay at age 55 F ulli The percentage of final compensation to be proYlded for each year of credIted prIor and current sen.'lce as a local polIce member and local fire member shall be detenmned In accordance WIth SectIOn 21362 of saId Retirement La\-\ (2% at age 50 FuJI) 8 PublIc Agenc~ elected and elects to be subject to the followmg opuonal proVISIOns a SectIOn 2042] ("Local Safety .Member" shall mclude ocean beach lIfeguards of a city as descnbed 10 Government Code Section ~04~ 1 ) b SectIon 2157] (BasIc Level of 1959 SurvIvor Benefits) for local mIscellaneous members and ocean beach lIfeguards c SectIOn 21222 1 eSpecial 5%1 lncrease-] 970) LegIslatIon repealed said SectIOn effectIve Janum: I, ] 980 d SectIons 21624 and 2] 626 (Post-RetIrement SurVIvor Allowance) for local polIce members and local fire members only PlEAC'~ ,...... NI......~ ....._ ";v I 'vI ...'....N ~.~j IIEXHIBIT ONLY" e Sectlon 20042 lOne-Year Final Compensanon') for local pohee members and local fire members onl~ f Section 21024 (Mllnar: ServIce Credn as Pubhc Service) StatUles of 1976 g SectIon 20903 (T\\o Years Addmonal Service CredIt) h SectIOn ~ 1573 (ThIrd Level of 1959 SUT\wor Benefits) for local polLce members and local fire members only 9 Pubhc Agenc~ shall contnbute to saId RetIrement System the contnbutlons determmed by actuanal valuatIOns of prIor and future sernce habllI1) WIth respect to local mIscellaneous members and local safet~ members of said Rettrement System 10 PublIc Agenc: shall also contribute to said RetIrement System as follo\\ s a Per covered member. SO per month on account of the habilIty for the ] 959 SurvIvor Benefits proVided under SectIOn :2] 573 of smd RetIrement La\, (SubJect to annual change) In addmon. all assets and habllItles of PublIc Agency and 11S employees shall be pooled In a smgle account. based on term Insurance rates for SUI"Vlvors of all local polIce members and local fire members b A reasonable amount. as fixed by the Board. payable In one mstallment wlthm 60 days of date of contract to cover the costs of admInIstering said System as n affects the employees of PublIc Agency. not mcludmg the costs of speCial valuations or of the pen odic InVestlga1l0n and valuations reqUIred b) la'" c A reasonabk amount as ftxed by the Board. payable m one Installment as the occaSIOns anse 10 cover the costs of special valuauons on account of employees of Public Agenc: and costs of the penodlc investigation and valuatIOns reqUIred b: la\\ 11 ContrIbutions reqUIred of PublIc Agency and Its employees shall be subject to adjustment b: Board on account of amendments to the Public Employees' RetIrement La",. and on account of the expenence under the RetIrement System as determmed b: the penodlc lnvesl1gatlon and valuatIOn reqUlred by saId Retirement La\\ 12 ContnbutIOns reqUIred of PublIc Agenc~ and Its employees shall be pmd b~ PublIc Agenc} to the Rettrement System "'1thm fifteen days after the end of the penod to whIch saId COntrIbutIOns refer or as ma} be prescnbed b~ Board regulanon If more or less than the correct amount of contn butIons IS paId for an~ penod. proper adjustment shall be made In COIUlectlOn WIth subsequent remIttances Adjustments on account of errors m contrIbutiOns reqUITed of an~ employee ma} be made b: dIrect payments be{1.veen the emplo: ee and the Board BOARD OF ADMfNISTRA TION PUBLIC EMPLOYEES' RETIREMEKT S~STEM ~ ~ BY -\~ RY KEi'\1\ETH W MARZIO~. c~~~' PRESIDING OFFICER ,/- ACTUARIAL & E\1PLOYE RVICES DIVISION , ";> " . \ PCBLlC E\1PLOYEES' ~Cf.lREMENT SYSTEM \ '~ ,0 ~ <""'() ~'-J .;-j ~ ~ B ThIS amendment shall be effectlve on the -\ \ IE"" D \.1 E.... T PER ,-co....- ~O~ -\ iRe, 1\.961 da: of .19_ CITY COlJ"NCIL Of THE CITY OF SANTA MONICA ..1 ~~~ WItness Date ~ Anest '< (, ' 'v..... Clerk \ W1lJl1 (Li11~ Pf O'Connor. Mayor I State of CalIfornIa ) County of Los Angeles) ss CIty of Santa YIoruca ) L Mana ;\/1 Stewart. Crty Clerk of the CIty of Santa Momca, do hereby certIfy that the foregomg Ordmance No 1929 (CCS) had Its first readmg on l\ovember 24. 1998. and was adopted on December 15, 1998 by the folloWIng vote Ayes CouncIl members Femstem. Genser. Holbrook I\kKeo\Vn.O'COlmor. RosensteIn :\oes CouncIl members ?\ one AbstaIn Councd members None Absent CouncIl members Kone '- ~~-~ ~afIa !v1 Ste'\\'art. CIty Clerk