Loading...
HomeMy WebLinkAboutOrd 1400ORDINANCE NO. 1400 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BURLINGAME AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The CITY COUNCIL of the City of Burlingame does ORDAIN as follows: Section 1. That an amendment to the Contract between the City Council of the City of Burlingame and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Burlingame is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Boutique and Villager, a newspaper of general circulation, published and circulated in the City of Burlingame and thenceforth and thereafter the same shall be in full force and effect. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, certify that the foregoing Ordinance was introduced at a regular meeting of the Burlingame City Council held on the 16th day of October, 1989, and was adopted thereafter at a regular meeting of said Council held on the 6th day of November , 1989, by the following vote: AYES: COUNCILMEMBERS: AMSTRUP, BARTON, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE LEMBI, MANGINI, PAGLIARO City Clerk py%,0 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF BURLINGAME The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of 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 July 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 11 1974, February 20, 1975, March 16, 1975, July 1, 1976, August 16, 1976, May 1, 1979, December 1, 1985 and December 1, 1987, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective December 1, 1987, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public EmployeesRetirement Law shall have the meaning as defined -therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 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 contract- ing 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). * * * C O P Y * * * 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 HOIIRLY BASIS, +IN POLICE CADETS AND LIBRARY PAGES HIRED ON OR AFTER MARCH 16, 1967; AND pp b. FIRE CADETS AND CROSSING GUARDS HIRED ON OR AFTER MAY 1, 1974. The fraction 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 21251.13 of said Retirement Law (28 at age 60 Full). 6. The fraction 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 21252.01 of said Retirement Law (28 at age 50 Full), 7. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Section 20020 ("Local Police Officer" shall include persons assigned to identification and communication duties in the Police Department who were not classified as local safety members and who were in such employment on or prior to August 4, 1972, and who elected local safety membership on or. before February 20, 1975). c. Section 21222.1 (Special 58 IncreaseLegislation repealed said Section effective January 1, 1980. d. Section 21222.2 (Special 58 Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance). f. Section 21222.6 (Special 158 Increase) for local miscellaneous members. g. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). FromMay 1, 1979 through December 1, 1985, the normal local miscellaneousmembercontribution rate shall be 3.58 and the local safety members contribution rate shall be 4.58. h. Section 20614, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). i. Section 20024.2 (One -Year Final Compensation) for local fire members only. * * * C O P'Y * * * 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System as follows: With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 7.218 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 14.143 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) c. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Program provided under Section 21382.4 of saidRetirement 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 beneficiaries of all local miscellaneous and local safety members. d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. e. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 10. 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. * * * C O P Y * * * 11. 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 efctive on the day of 19 BOARD OF ADMINISTRATION m.``'X CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE moi, CITY OF BURLINGAME "'i!`01 BY BY CHIEF, CONU^CT SERVICES DIVISION Presiding Officer -::4 PUBLIC EMVYEES' RETIREMENT SYSTEM Witness D,t�' ` Atte ,t i Clerk PERS-CON-702 (AMENDMENT) (Rev. 6/88)