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ORDINANCE NO. 1736
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 of Burlingame and the Board of
Administration, Californ
ia Public Employees Retirement System is hereby authorized, a copy of
this amendment is attached to this ordinan
ce, 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 ordinance shall be published as required by law and shall take effect thirty
days after its adoption.
Mayor
I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certifythat the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 3rd day of
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May, 2004, and adopted thereafter at a regular meeting of the City Council held on the 7t day of
June, 2004, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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'ty Clerk
2
A i,
CAPERS
California
Public Employees' Retirement System
AMENDMENT IV 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 61 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.
7. Public Agency elected and elects to be subject to the following optional
provisions:
aI 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).
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.
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 ,
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF BURLINGAME
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 18
PERS-CON-702A (Rev_ 8\02)