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HomeMy Public PortalAboutOrdinance 5811 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1983. 17 18 19 20 ATTEST: 21 22 23 24 25 26 27 28 29 30 32 ORDINANCE NO. 581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BEAUMONT AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: That an amendment to the Contract between the City Council of the City of Beaumont and the Board of Administration California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. SECTION 2: The Mayor of the City of Beaumont is hereby authorized, empowered and directed to execute said amendment for and on behalf of said Agency. SECTION 3: This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Record -Gazette, a newspaper of general circulation, published and circulated in the City of Beaumont and thenceforth and thereafter the same shall be in full force and effect. MOVED, PASSED and ADOPTED this 24th day of October APPR•VED AS TO FORM: CITY ATTO`NEY 'MAYOR OF THE CITY OF BEAUMONT CERTIFICATION I, Irene Joyce Sweeney, City Clerk of the City of Beaumont DO HERE- BY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 10th day of October , 1983, and was duly adopted upon second reading on the 24th day of October , 1983, upon the following roll call vote: AB ABS Councilmen May, Shaw and Mayor Thompson. Councilman Hammel. N: None. Councilman Lowry. A L) CIYY CLEW- THE CITY OF B AUMONT CERTIFICATION OF FINAL ACTION OF GOVERNING BODY PUBLIC EMPLOYEES RETIREMENT SYSTEM P. O. Box 1953 Sacramento, California 95809 I hereby certify: That the City Council DATE: October 27, 1983 of the City of Beaumont (Governing Body) (Public Agency) adopted on October 24, 1983 (Date) vote of a majority of the members of said Governing Body, , by an affirmative Ordinance (Ordinance or Resolution) No. 581 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance (Ordinance or Resolution) furnished by said Board of Administration being attached hereto. PERS-CON-5 (Rev. 3/78) in the form Clerk c iK:bixeVeki€x City of Beaumont Name of Agency AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF BEAUMONT The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, here- inafter referred to as Public Agency, having entered into a contract effective September 1, 1967, and witnessed June 27, 1967, and as amended effective October 23, 1974, and June 16, 1979, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective June 16, 1979, 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 Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1967 making its employees as here- inafter 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 contract- ing agency. 3. Employees of Public Agency in the following classes shall become mem- bers 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. 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. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be that provided in Section 21251.13, of said Retirement Law with all service prior to Social Security termination December 31, 1978, subject to the reduction provided by said section (2%@ 60 Full and Modified). 7. The fraction 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 21252.1 of said Retirement Law (One-half pay at age 55 Full). 8. The fraction 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 21252.1 subject to the reduction for Federal Social Security as provided in Section 21251.45 of said Retirement Law (Modified one-half pay at age 55). 9. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Section 20983.6 (Waiver of age 70 retirement) for local miscellaneous members only. 10. Public Agency, in accordance with Section 20740, Government Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees Retirement Law effective as of the effective date of this amendment to contract. Accumulated contributions of Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 11. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 2.419 percent until June 30, 1990 on account of the liability for prior service benefits. (2) 9.501 percent until June 30, 2000 on account of the liability for current service benefits. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 1.679 percent until June 30, 1992 on account of the liability for prior service benefits. (2) 21.485 percent until June 30, 2000 on account of the liability for current service benefits. c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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 in- stallment 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 val- uation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty 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 cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the 2nd day of December , 19 83 Witness our hands the day of , 19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CITY COUNCIL OF THE CITY OF BEAUMONT CARL J. BLECHINGER, EXECUTIVE OFFICER P -residing Officer (771'7.— , Approved as to form: 7 a` Mirgaret J. H,9ehn, Leil Ofc, D'at2eY\ Attest: Clerk PERS CON -702