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SR-6-C (127) i '1 -'"l ~ , .. (, -;.... 6 I (t~L ~ -l'l_:,-j ~G . . CA:RMM:jldpers/hpca1jpc NOV ? 6 1991 city council Meeting 11-26-91 Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: city Attorney SUBJECT: Ordinance Amending the Contract between the City of Santa Monica and the Board of Administration of the California Public Employees Retirement Syste.m (PERS), Permitting Military service to Be Credited toward PERS Benefits At its meeting on November 12, 1991, the City Council introduced for first reading an ordinance amending the agreement between the City and the Board of Administration of PERS permitting military service to be credited toward PERS benefits. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant City Attorney b-(!., NOV 2 6 1991 , . CA:RMM:jld645jhpcjpc City Council Meetlng Santa Monica, Californ1a ORDINANCE NUMBER 1607 leeS) (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 authorlzed, 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inconsistent with the provlsions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 th1s 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 ln the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: - --..... ROBERT M. MYERS city Attorney - 2 - . ~, "..~~ ~ -\"IE~nnlE:\'T TO COi\'TRACT 0 A. BETIVEE~ THE ''0 BOARD OF AD:\II:\'lSTRA TION I' J); OF THE 01' PUBLIC E:\IPLO'\'EES' RETIRE~IE!\'T SYSTE~I ~ ~'ID THE ~ CITY COL~CIL ~~ Q OFTIffi ~ CITY OF SA.Vf A ~IONICA f;...- The Board of AdmInistration. Public Employees' RetIrement System. heremafter referred to as Board. and the govermng body of above pubhc agency. herem after referred to as Public Agency, havmg entered mto a contract effectlve July L 1944. and witnessed Apnl 5. 1944. and as amended effective March l. 1950. September 1. 1951. June 1. 1954. November 1. 1960. February 1. 1962. September 12. 1965. November 1, 1969. November 25. 1973. Januarv 20.1974. March 3. 1974. June 28.1981 and ~-lay 13. 1984. WhICh provIdes for pamclpatIon or Public Agency III said System. Board and Public Agency hereby agree as follows A Paragraphs 1 through 11 are hereby stncken from saId contract as executed effectIve May 13. 1984. and hereby replaced by the tollowmg paragraphs numbered 1 through 12 mcluslve: 1 All words and terms used herem which are defined m the Public Employees' Retirement Law shaH have the meanmg as defined therem unless otherwise specifically proVided "Normal retirement age" shall mean age 60 for local miscellaneous members. age 50 for local fire and local polIce members. and age 55 for ocean beach lIfeguards '1 Public Agency shall participate In the PublIc Employees' Retirement System from and after July 1. 1944 makmg Its employees as heremafter provided. members of said System subject to ail prOVISIOns ot the Public Employees' Retirement Law except such as apply only on election ot a contracting agency and are not provided for herem and to all amendments to said Law hereaner enacted except those. which by express proVIsIons thereof. apply only on the etectlon or a contracting agency .., Employees of PublIc Agency tn 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 (berem referred to as local safety membersl. b Local Pollee Officers (herem referred to as local safety members). c Ocean Beach Lifeguards (lnduded as local safety members), d, Employees other than local satety members (herem referred to as local miscellaneous members) PLEASE Dr' L' ~- ~ _- . U ," 'I ... -\1 \l '\.of "'"W}~ EXHIBIT ONLrl 4 In addition to the classes or employees excluded from membershIp by said Retirement Law. the rollowmg classes or employees shall not become members of said Rememem System ~O ADDITI01\'AL EXCLt:SIONS 5 The percemage ot final compensation to be provided for each year of credited prior and current servIce as a local mIscellaneous member shall be determmed In accordance WIth Section 21251 13 at said Retirement Law (2% at age 60 Full) 6 The percentage of tinal compensation to be provIded for each year of credited pnor and current service as an ocean beach lifeguard shall be determined III accordance wlth SectIon 21252 1 of s;i1d Retirement Law (One-half pay at age 55 Full) .. The percentage of tinal compensatIon to be provided for each year of cre(hted prior and I current service as a local tire member and local polIce member shall be determllled 10 accordance With Section 21252 01 of said RetIrement Law (2 % at age 50 Full) 8 PublIc Agency elected to be subject ro the followmg optIonal provIsions a Section 20019 3 C'Local Safety Member" shall mclude ocean beach lifeguards of a City as descrIbed m Government Code SectIon 20019 3) b. SectIons 21380-21387 11959 SurvIvor Benerits) excludmg SectIOn 21382 2 (lncreased 1959 SUf\.'I\'or Benefits) and SectIon 21382 4 (ThIrd L~vel of 1959 SurvIvor Benerits) c Section 21222 1 (Speclal 5 % IncreJse - 1970) LegislatIOn repealed said SectIon effectIve January 1. t980 d Sections 21263 dnd 21263 I (Post.Retlrement Survivor Allowance) for local tire members and local police members only e SectIOn 20024 2 (One-Year Final CompensatIon) for local tire members and local polIce members only f Sectlon 20930 3 (MIlitary Ser\'lce CredIt as Publ1c. ServIce"), Statutes ot 1976 9 PublIc Agency shall contnbute [0 saId Retirement System me contnbutlons determmed by actuaflal valuauons of pnor and fJture servIce liability With respect to local mlsceHane{lus members and local safety members of said Retirement System . - . - - " 10 PublIc Agency shall also contribute to sald RetIrement System as follows' a A reasonable amount. as tlxed by the Board. payable m one Installment wlthm 60 days of date of contract to cover the costs of admmIstenng saId System as Jt affects the employees of Public Agency, not mcludmg the costs of speCIal valuatlOns or of the penodlc Illvestlgauon and valuatIons reqUIred by law b A reasonable amount. as tixed by the Board. payable In one IOstallment as the occaslOns arIse. to cover the costs of speCial valuations on account of employees of PublIc Agency. and cOSts or the perIodiC Investlgatlon and valuations requlfeC by law 11 Contnbuuons 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 expenence under the Retirement System as determIned by the penodlc mvestlgauon and valuatlon reqUired by saId Retirement Law 12. Contnbutlons reqUlred of Public Agency and Its employees shall be paid by PublIc Agency to the Retirement System wlthm fifteen days after the end of the penod to which said contrIbutions reter or as may be prescnbed by Board regulatIOn If more or less than the correct amount of comnbutlOns IS paId for any perIod. proper adjustment shall be made m connection With subsequent remittances Adjustments on account of errors III contnbutlons requIred (any employee may be made by dIrect payments between the employee and the Boar~ . a B TIus amendment shall ~ etfectlve on the day of ~ .19_ -<<J BOARD OF ADMINISTRA T~ CIT't' COU~CIL , PCBLIC EMPLOYEES' RET ~IE!\T SYSTE~I OF THE ~ ~ CITY OF SAi\TA MOI\;ICA ~ C- O ~ ~ _\~ BY ~ BY CHIEF. CO~TRA SERVICES DIVISION PresldlOg Oft1cer ~<<Y PUBLIC EMPLO S' RETIRE~IENT SYSTEM (t ~ ~ .;. Witness Date ~. .: .J ""<" ~ Attest ~ ~.!9 Clerk PERS-CON-702 (A~'IE:\Dr-.1ENT) (Rev 3191) j . . . . Adopted and approved this 26th day of November, 1991- 9t U/~ ZMayor I hereby certify that the foregoing Ordinance No. 1607 (CCS) 'VIas duly and regularly introduced at a meeting of the City Council on the 12th day of November 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 26th day of November 1991 by the following council vote: Ayes: Counc1.lmembers: Genser! Holbrook! Katz, Olsen! Vazquez! Zane, Mayor Abdo Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: p~/A~ ------ ....... - City Clerk (