HomeMy WebLinkAboutOrd 17822
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ORDINANCE NO. 1782
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 SECTION 21362.2 BENEFITS (3%AT 50 FULL FORMULA) TO
LOCAL POLICE 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
agreed in its collective bargaining with the safety employees in its police department to amend its
contract with CALPERS to provide them with a retirement benefit of 3% @ 50. On April 3, 2006,
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,
apart
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
hereof as though herein set out in full. The amendment shall be effective on June 26, 2006.
Section 3. The Mayor of the City of Burlingame is hereby authorized, empowered, an
d
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 Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was intro
duced at a regular meeting of the City Council held on the 3`d day of
April, 2006, an
d adopted thereafter at a regular meeting of the City Council held on the 1s` day of
May, 2006, by the following vote:
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AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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2
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Burlingame
I�
u
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 and July
12, 2004 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective July 12, 2004, 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.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public EmployeesRetirement
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 11 1974,
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member 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 police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full),
7. 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).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
9. 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.
10. 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.
11. 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 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
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.
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 eefCi�e on the day of
BOARD
OF ADMINISTRq.
CITY
COUNCIL
PUBLIC
EMPLOYEES+ `AE IREMENT SYSTEM
CITY
OF BURLINGAME
BY O
LORI RTLAND, CHIEF
E ER SERVICES DIVISION
PRESIDING OFFICER
P LIC EMPLOYEES' RETIREMENT SYSTEM "
Witness Date
Atte
g: Cj\
Q��PS�O
Clerk
AMENDMENT ER#18
PERS-CON-702A (Rev. 10\OS)