HomeMy WebLinkAboutOrd. No. 2003-1104
ORDINANCE NO. 1104
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS
FOLLOWS:
Section 1.
That an amendment to the contract between the City Council of the City of Lake Elsinore
and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and
by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Lake Elsinore 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
Press Enterprise, a newspaper of general circulation, published and circulated in the City
of Lake Elsinore and thenceforth and thereafter the same shall be in full force and effect.
PRESENTED AND APPROVED UPON FIRST READING this Ith day of August,
2003,
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
-
A_
CalPERS
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Lake Elsinore
.
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,
1965, and witnessed April 30, 1965, and as amended effective December 10, 1983,
December 19, 1987, July 14, 1995, May 9, 1997, December 24, 1999 and March 22,
2003 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective March 22, 2003, and hereby replaced by the following paragraphs
numbered 1 through 15 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 60 for local safety
members.
2.
Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 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.
- ~
PLEASE 00 NOT SIGN "EXHIBIT ONLY"
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:
NO ADDITIONAL EXCLUSIONS
5. Removal of the exclusion of "Persons Compensated on an Hourly Basis",
pursuant to Section 20503, is declarative of agency's previous
interpretation and does not mandate any new classes of employees into
membership.
6. The percentage of final compensation to be provided for each year of
credited prior and current service for those local miscellaneous members
in employment on December 19, 1987 and those local miscellaneous
members in employment before and not on or after March 22, 2003 shall
be determined in accordance with Section 20515 and 21354 of said
Retirement Law (2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service for those local miscellaneous members
in employment prior to December 19, 1987 shall be determined in
accordance with Section 21354 (2% at age 55 Modified).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on and after March 22, 2003 shall be determined in
accordance with Section 21354.4 of said Retirement Law (2.5% at age 55
Full).
9. 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 21368 (1.25% at age 60),
supplemental to Social Security.
i 'tEASE DO NOT SIGN "EXHIBIT ONl:'
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
b. Section 20515 (Full Formula Plus Social Security) for past and
future service for local miscellaneous members in employment on
and after December 19, 1987. Legislation repealed said Section
effective January 1, 2002.
c. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
d. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 for local miscellaneous members only.
e. Section 20503 (To Remove the Exclusion of Persons Compensated
on an Hourly Basis, Prospectively from the effective date of this
amendment to contract).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 10, 1983. 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.
12. 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.
13. Public Agency shall also contribute to said Retirement System as follows:
a. 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.
b. 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.
14. 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.
15. 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 effect~ the day of
BOARD OF ADMINISTRATION ~~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIRE .. SYSTEM CITY OF LAKE ELSINORE ,,<':\.
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BY ..[-:;. BY ~
KENNETH W. MARZIO~~~IEF PRESIDING OFFICER ~~
ACTUARIAL & EMPL~rn SERVICES DIVISION &
PUBLIC EMPLOYE~ETIREMENT SYSTEM ~~
<'f<j ~~
, Witness Date r-:::r <::s
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Attest: ,,:":~~'f'
Clerk
AMENDMENT ER# 0585
PERS-CON-702A (Rev. 8\02)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the
lih day of August, 2003; and approved upon second reading by title only on the 26th day of
August, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
~!~ COUNCILMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1104 of said Council, and that the same has not been amended or repealed.
2GE9,2003
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)