O2092
ORDINANCE NUMBER 2092 (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, 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 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inconsistencies and no further, are hereby repealed or modified to that extent necessary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
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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 30 days from its adoption.
APPROVED AS TO FORM:
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A
QIIPfiRS.
_t
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Monica
. ','1 I
The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter
referred to as Public Agency, having entered into a contract effective July 1, 1944, and
witnessed April 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, 1B81, May 13,1984,
January 1, 1992, April 25, 1993, January 12, 1996, January 15, 1999, November 13, 1999,
November 19,2000, April 28, 2001, September 14,2001, December 16, 2001 and January
12, 2003 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective
January 12, 2003, and hereby replaced by the following paragraphs numbered 1
through 13 inclusive:
1 All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 51:, for local
miscellaneous members, age 55 for local fire members and ocean beach
lifeguards, and age 50 for local police members.
2. Public Agency shall participate in the Public Employees' Retirement System
from and after July 1, 1944 making its employees as hereinafter 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 herein and to all amendments to said Law hereafter
enacted except those, which by express provisions thereof, apply only on the
election of a contracting agency.
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PLEASE OO,NOrSN"EXHt8tT ONLY"
3. Employees of Public Agency in the following 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 (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Ocean Beach Lifeguards (included as local safety members)
d. Employees other than local safety members (herein referred to as local
miscellaneous members).
4 In addition to the classes of employees excluded from membership by said
Retirement Law, the following 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
prior and current service as a local miscellaneous member shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of credited
prior and current service as an ocean beach lifeguard shall be determined in
accordance with Section 21366 of said Retirement Law (One-half pay at age
55 Full).
7. The percentage of final compensation to be provided for each year of credited
prior and current service as a local police member shall be determined in
accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
8. The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in
accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20421 ("Local Safety Member" shall include ocean beach
lifeguards of a city as described in Government Code! Section :20421).
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for ocean beach
lifeguards.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed
said Section effective January 1, 1980.
b.
P~eASEOO'NOlS."~TO~Y"
. . . .
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for
local police members and local fire members only.
e. Section 20042 (One-Year Final Compensation) for local police
members, local fire members, and local miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police
and local fire members only.
Ii Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for
local fire members only.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11 Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and liabilities
of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous
members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and liabilities
of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local police members
and local fire members.
c. A reasonable amount, as fixed by the Board, payable in one installment
within 60 days of date of contract to cover the costs of administering
said System as it affects the employees of Public Agency, not including
the costs of special valuations or of the periodic investigation and
valuations required by law.
s
Approved and adopted this 12th day of August, 2003.
&~~ ,
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2092 (CCS) had its introduction on July 22,2003, and was
adopted at the Santa Monica City Council meeting held on August 12, 2003, by the
following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Genser, Holbrook,
O'Connor, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
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