SR-6-C (127)
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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
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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further, are hereby repealed or modified to that extent necessary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.
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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:
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ROBERT M. MYERS
city Attorney
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-\"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
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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' ~- ~ _-
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'\.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
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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
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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~
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B TIus amendment shall ~ etfectlve on the day of
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BOARD OF ADMINISTRA T~ CIT't' COU~CIL
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PCBLIC EMPLOYEES' RET ~IE!\T SYSTE~I OF THE ~
~ CITY OF SAi\TA MOI\;ICA ~
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BY ~ BY
CHIEF. CO~TRA SERVICES DIVISION PresldlOg Oft1cer ~<<Y
PUBLIC EMPLO S' RETIRE~IENT SYSTEM (t
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Witness Date ~.
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Attest ~
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Clerk
PERS-CON-702 (A~'IE:\Dr-.1ENT)
(Rev 3191)
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Adopted and approved this 26th day of November, 1991-
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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~
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