HomeMy WebLinkAboutOrd 18171
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ORDINANCE NO. 1817
ORDINANCE OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT TO
CONTRACT BETWEEN THE CITY OF BURLINGAME AND
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS)
TO PROVIDE GOVERNMENT CODE SECTION 21354.4 (2.5% @ 55 FULL
FORMULA) BENEFITS TO MISCELLANEOUS MEMBERS
The City Council of the City of Burlingame ordains as follows:
Section 1. Pursuant to the California Government Code and the Contract between the City
of Burlingame and the California Public Employees Retirement System (CALPERS), the City has
net and conferred with the employee associations representing its miscellaneous employees.
Pursuant to the agreed-upon memoranda of understanding with all of those associations, the City
has committed to implementing Government Code Section 21354.4 benefits for its miscellaneous
employees. On January 22, 2008, the City Council adopted a Resolution of Intention to consider
this amendment at a duly noticed public hearing, and notice of that public hearing has been
properly provided. Written comments and oral testimony of all interested persons have been
considered.
Section 2. The Amendment to the Contract between the City of Burlingame and the Board
of Administration, California Public Employees Retirement System is hereby authorized, a copy
of this amendment is attached to this ordinance, marked Exhibit A, and by such reference is made
apart
hereof as though herein set out in full. The amendment shall be effective on March 31, 2008.
Section 3. The Mayor of the City of Burlingame is hereby authorized, empowered, and
directed to execute this amendment for an
days after its adoption.
d on behalf of the City of Burlingame.
Section 4. This ordinan
ce shall be published as required by law and shall take effect thirty
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby cert
ify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 22°d day
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of January, 2008, and adopted thereafter at a regular meeting of the City Council held on the 1 9th
day of February , 2008, by the following vote:
AYES: COLNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
U:\FII,ES\ORDINANC\calpersemnS.per.wpd
��' Clerk
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EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Burlingame
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,
1942, and witnessed July 6, 1942, and as amended effective February 1, 19543 July 11
1956, April 1, 1963, March 1, 1964, April 1, 1965, March 16, 1967, November 1, 1968,
September 1, 1970, April 1, 1973, May 1, 1974, November 1, 1974, February 20, 1975,
March 16, 1975, July 1, 1976, August 16, 1976, May 1, 1979, December 1, 1985,
December 1, 1987, December 6, 1989, November 15, 1990, May 26, 1997, December
12, 2000, November 1, 2001, December 30, 2001, July 15, 2002, June 5, 2003, July 12,
2004, June 26, 2006 and April 30, 2007 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 April 30, 2007; and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
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 age 50 for local police members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1942 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:
a. PLAYGROUND LEADERS WHO ARE PAID ON AN HOURLY
BASIS; POLICE CADETS, AND LIBRARY PAGES HIRED ON OR
AFTER MARCH 16,1967; AND
b. FIRE CADETS AND CROSSING GUARDS HIRED ON OR AFTER
MAY 1, 1974.
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the effective date of this
amendment to contract 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 a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.4 of said
Retirement Law (2.5% 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 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
c. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Sections 21624, 21626 and 21628 (Post -Retirement Survivor
Allowance).
f. Section 21319 (One -Time 15% Increase for Local Miscellaneous
Members Who Retired or Died Prior to July 1, 1971). Legislation
repealed said Section effective January 1, 2002.
g. Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From May 1, 1979 and until December 1, 1985,
the normal local miscellaneous member contribution rate shall be
3.5% and local safety member contribution rate shall be 4.5%.
Legislation repealed said Section effective September 29, 1980.
h, Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978).
Section 20042 (One -Year Final Compensation),
Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
k. Section 20965 (Credit for Unused Sick Leave) for local
miscellaneous members and local fire members only.
%Li=rum U°F'a sfCil6i Piii I Ui
I. Section 21024 (Military Service Credit as Public Service).
m. Section 20903 (Two Years Additional Service Credit).
n. Section 21037 (Cancellation of Payment for Optional Service Credit
Upon Retirement for Industrial Disability).
o. Section 21548 (Pre -Retirement Option 2W Death Benefit) for local
miscellaneous members only.
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
August 16, 1976. 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,
11. 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.
12. 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 safety members.
c. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contragt 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.
13. 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,
14. 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
BOARD OF ADMINISTRATION£„u`�
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY .,e%ti
LORI MCGARTL'AND, CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 0018
PERS-CON-702A (Rev. 10\O5)
CITY COUNCIL
CITY OF BURLINGAME
PRESIDING QF'FJC�ER
ILX61J
Witness Date
Attest:
Clerk