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HomeMy WebLinkAbout1794 - Military Service Credit & Sick Leave Credit4 -__ J 0 ORDINANCE NO. 1794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (MILITARY SERVICE CREDIT AND SICK LEAVE CREDIT) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. That an amendment to the Contract between the City Council of the City of Newport Beach and the Board of Administration, California Public Employees' Retirement System (Military Service Credit and Sick Leave Credit),'.is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A" and by such reference made a part hereof as though fully set forth herein. SECTION 2. The Mayor and City Clerk of the City of Newport Beach are hereby authorized, empowered and directed to execute said amendment for and on behalf of the City of Newport Beach. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the official newspaper, published and circulated in the City of Newport Beach, and thenceforth and thereafter the same shall be in full force and effect. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of January , 1979, and was adopted on the 12th day of February following vote, to wit: 1979, by the a ATTEST: City Clerk CERTIFIED AS Tti' OR'GiNAL AND CErlI :ED AS TO PUBLICAi'[ON JAN 4 1978 DATE . CITY C4Eli:: CFIH: Ci7Y OF ht "'JdP BEACH 40 AYES, COUNCILMEN: Hart, Heather, Hummel, Ryckoff, Strauss, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN McInnis &�- 61SLe?7�� - Mayor -2- DDO /kb 1/15/79 11 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH The Board of Administration, 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 under date of April 27, 1945, effective July 1, 1945, and as amended effective March 1, 1948, November 1, 1951, April 1, 1956, October 31, 1970, September 18, 1971, December 11, 1971, September 24, 1977, December 18, 1977, and June 17, 1978, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective June 17, 1978, and hereby replaced by the following paragraphs numbers 1 through 11, 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 specifi- cally provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 50 for local police and fire members, and age 55 for local lifeguards on ocean beaches. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1945, 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 such as by express provisions thereof apply only on the election of contracting agencies. 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 Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); C. Lifeguards on ocean beaches (included as local safety members); 4 t 4 3 5 i 6 d. Employees other than local safety members (herein referred to as miscellaneous members). 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. 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscella- neous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50). 6. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One -half pay at age 55), for lifeguards on ocean beaches. 7. The following additional provisions of the Public Employees' Retirement. Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. 20019.3 (providing for inclusion of lifeguards on ocean beaches as local safety members). b. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). C. Sections 21380 -21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). d. Section 20930.3 (allowing public service credit under the provisions of Chapter 830, Stats. 1976, for up to four years of continuous military or merchant marine service). e. Section 21389 (providing covered by Federal Social to be covered by the 1959 Agency added said benefit given another opportunity the program). -2- that miscellaneous members not Security who did not elect Survivor Benefit when Public to its contract shall be to elect to be covered under _1% f. Section 20862.8 (providing service credit at retirement for unused sick leave), for miscellaneous members. 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on • September 24, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 9. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 9.145 percent on account of the liability for current service benefits. (2) 0.282 percent on account of the liability for the 1959 Survivor Program. 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) 18.692 percent on account of the liability for current service benefits. C. The reasonable amount per annum, as fixed by the Board 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 periodical 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 periodical investigation and valuations required by law. 10. 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 periodical investigation and valuation required by said Retirement Law. -3- 1 4 11. 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 correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on accounts 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 day of , 19_ WITNESS OUR HANDS this day of 19 BOARD OF ADMINISTRATION CITY COUNCIL OF THE PUBLIC EMPLOYEES' RETIREMENT CITY OF NEWPORT BEACH SYSTEM By ByPi2 Carl J. Blechinger residing Otticer U Executive Officer APPROVED AS TO FORM: ATTEST: Legal Office, PERS City Clerk -4-