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Home My Public Portal AboutOrdinance 859Ordinance No. 859 An Ordinance of the City Council of the City of Beaumont authorizing an amendment to the Contract to include Fourth Level of the 1959 Survivor Benefits 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 HEREBY 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, and by such reference made a part hereof as though herein set out in full. Section 2: The Mayor of the City Council 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 Press Enterprise, 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 6`h day of April, 2004 by the following vote: AYES: Mayor Dressel, Council Members Berg, Fox, DeForge, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. ayor of e City of Beaumont I'd Ca1PERS California Public Employees' Retirement System EXHIBIT e AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Beaumont • 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 September 1, 1967, and witnessed June 27, 1967, and as amended effective October 23, 1974, June 16, 1979, February 2, 1983, March 3, 1989, February 16, 1990, January 1, 2000, June 23, 2000, June 22, 2001 and June 21, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective June 21, 2002, and hereby replaced by the following paragraphs numbered 1 through 15 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 60 for local miscellaneous members; age 55 for local fire members and age 50 for local police members. :_EASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1967 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: 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 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1978, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 60 Full and Modified). ASE DO NOT SIGN "EXHIBIT ONLY' 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.3 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1978, termination of Social Security, for members whose service has been included in Federal Social Security (3% at age 60 Full and Modified). 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 21366 of said Retirement Law subject to the reduction provided therein for Federal Social Security (One- half pay at age 55 Modified). 9. 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). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One -Year Final Compensation) for local miscellaneous members only. b. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only. c. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local miscellaneous members and local police members only. d. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. 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. 13. 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 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. b. 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. c. 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. 14. 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. 15. 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 made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATIO Q��'' CITY COUNCIL PUBLIC EMPLOYEES' R'1ENT SYSTEM CITY OF BEAUMONT 4\°*‘'" KENNETH k ‘!PION, CHIEF PRESIDING OF R ACTUQ '�+& EMPLOYER SERVICES DIVISION 6�' P, @ MPLOYEES' RETIREMENT SYSTEM vt Witngsate st: BY ,r C,�G` BY AMENDMENT ER# 0689 PERS-CON-702A (Rev. 8\02) Clerk