O2121
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ORDINANCE NUMBER 2121 (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inconsistencies and no further, are hereby repealed or modified to that extent necessary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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CalPERS
EXHIBIT
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
.
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, 1981, May 13, 1984, January 1, 1992, April 25, 1993, January 12, 1996, January
15, 1999, November 13, 1999, Novmeber 19, 2000, April 28,2001, September 14,
2001, December 16, 2001, January 12, 2003, and September 21,2003 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 September 21, 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 55 for local miscellaneous members, age 55 for local fire
members and ocean beach lifeguards, and age 50 for local police
members.
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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.
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:
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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 m~mbers);
d. Employees other than local safety members (herein referred to as
local miscellaneous members).
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4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees sha~1 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).
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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. Publ.ic. 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.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local police members and local fire member 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.
I. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
police and local fire members only.
J. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit) for local fire members only.
k. Section 20434 ("Local Fire Fighter" shall include any officer or
employee of a fire department employed to perform firefighting, fire
prevention, fire training, hazardous materials, emergency medical
services, or fire or arson investigation services as described in
Government Code Section 20434).
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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.
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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'
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.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
12. Contributions 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 experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
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13. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be m~de by direct
payments between the employee and the Board.
B. This amendment shall be effectiv~on the day of ,
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BOARD OF ADMINISTRATION '- :-. CITY COUNCIL , ~ \~
PUBLIC EMPLOYEES' RETIRE~Nt SYSTEM CITY OF SANTA MONICA
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~~NNETH w. MARZ~~:F ~~ESIDING OFF'C~Iiff~ .
ACTUARIAL & E~~ ER SERVICES DIVISION ~ '
PUBLIC EMPLO'Q. ;.s RETIREMENT SYSTEM S' .
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Witness ~
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Clerk
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AMENDMENT ER# 0054
PERS-CON-702A (Rev. 8\02)
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Approved and adopted this 13th day of April, 2004.
IL:-fL1L-
Mayor Pro Tem McKeown
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. 2121 (CCS) had its introduction on March 9, 2004, and was
adopted at the Santa Monica City Council meeting held on April 13, 2004, by the
following vote:
Ayes: Council members: Mayor Pro Tem McKeown, Feinstein, O'Connor, Katz,
Genser, Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Bloom
ATTEST:
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