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ORDINANCE NO. 1738
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 FIRE SERVICE EMPLOYEE MEMBERS WITH CREDIT FOR
UNUSED SICK LEAVE AND CANCELLATION OF PAYMENT FOR OPTIONAL
SERVICE CREDIT IF RETIRED ON INDUSTRIAL DISABILITY
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
wishes to amend its contract to allow its fire service employees to be eligible for two benefits: 1)
Conversion of unused sick leave to creditable service upon retirement; and 2) Cancellation of
payment for optional service credit when an employee is retired for an industrial disability. On
April 26, 2004, 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 Contract between the City via I,*
e 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 a
part
hereof as though herein set out in full.
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 ordinan
days after its adoption.
ce shall be published as required by law and shall take effect thirty
I, ANN T. MUSSO, City Clerk of the City of Barlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 3`d day of
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May, 2004, and adopted thereafter at a regular meeting of the City Council held on the 19t° day of
July, 2004, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, UMAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City C eric
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EXHIBIT A
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION,
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF BURLINGAME
The Board of Administration, Cali£omia 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 and
June 5, 2003 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
June 5, 2003, and hereby replaced by the following paragraphs numbered 1 through 12 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 and age 55 for local
safety 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 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 safety member shall be determined in accordance with Section
21363.1 of said Retirement Law (3% at age 55 Full).
7. 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.
1. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
in. Section 20903 (Two Years Additional Service Credit).
n. Section 21037 (Cancellation of Payment for Optional Service Credit Upon Retirement
for Industrial Disability).
8. 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.
9. 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,
10. 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.
11. 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.
12. 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