HomeMy WebLinkAboutOrd 18031
2
3
4
5
6
7
8
9
10
11
12'
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1803
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 PRERETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT
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
recognized that its miscellaneous members are being treated differently than its safety members in
that safety members are automatically provided a pre -retirement death benefit for survivors, and
that the failure to provide this benefit could deprive a member's survivors of the retirement benefit
that an eligible member has earned over years of service, simply because the member did not file
for retirement before a sudden death. On February 21, 2007, 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 April 30,
2007.
Section 3. The Mayor of the City of Burlingame is hereby authorized, empowered, and
directed to execute this amendment for and on behalf of the City of Burlingame.
Section 4. This ordinance shall be published as required by law and shall take effect thirty
days after its adoption.
Mayor
I, DORIS MORTENSEN, City Clerlc of the City of Burlingame, do hereby certify that the
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
foregoing ordinance was introduced at a regular meeting of the City Council held on the 21St day
of February, 2007, and adopted thereafter at a regular meeting of the City Council held on the 19"
day of March, 2007, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
U:\FILES\ORDINANC\calpersemn7.per.wpd
City Clerk
CaIPERS
California
Public Employees' Retirement System
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, 1954, July 1,
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 and June 26, 2006 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 June 26, 2006, 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 age 50 for local police members.
8. 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).
i. Section 20042 (One -Year Final Compensation).
j. 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.
Section 21024 (Military
Service Credit as Public Service).
m. Section 20903 (Two Years Additional Service Credit).
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.
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 made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF BURLINGAME
BY
LORI IV[ CGARTLANDI CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 18
PERS-CON-702A (Rev. 10105)
PRESIDING OFFICER
Witness Date
Attest:
Clerk
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
I hereby certify that the
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
City Council
(governing body)
City of Burlingame
(public agency)
adopted on March 19 2007 , by an affirmative vote of a majority
(date)
of the members of said Governing Body, Ordinance `.n. 't==)
(Ordinance or Resolution)
No. 1 so3 approving the attached contractual agreement between the
Governing Body of said Agency and the Board of Administration of the California Public
Employees' Retirement System, a certified copy of said ordinance
(Ordinance or Resolution)
in the form furnished by said Board of Administration being attached hereto.
Title
Date March 19, 2007
PERS-CON-5 (Rev. 1/96)
City Clerk
I hereby certify the attached City of Burlingame Ordinance No. 1803 to be a full, true and
correct copy of the document it purports to be, the original of which is on file in my
office.
Dated:
Doris J.
City of
City Clerk