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Home My WebLink AboutORD 1018ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1: That an amendment to the contract between the City Council of the City of Palm Desert, California, 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 is made a part hereof as though herein set out in full. Section 2: The Mayor of the City Council of the City of Palm Desert, California, 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 Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its Adjourned Meeting held on the 31st day of July , 2002, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL NOES: NONE ABSENT: KELLY ABSTAIN: NONE ,* 6- " " M. BENSON, MAYOR PRO-TEMPORE ATTEST: WN, H:\sgilligan\SHEILA\OFF-DOCS\PERS Retirement Amdmt.wpd ORDINANCE NO. 1018 Ca1PERS California Public Employees' Retirement System 4W EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Palm Desert 41100.1 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 October 26, 1974, and witnessed October 3, 1974, and as amended effective February 7, 1981, July 29, 1989, June 14, 1991 and June 30, 1996 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 30, 1996, 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. ""'"" PLEASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 26, 1974 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. 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. ALL SAFETY EMPLOYEES, AND b. ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE. 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. 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 21354.5 of said Retirement Law (2.7% at age 55 Full). [Note that a future legislative proposal is being considered which could amend Government Code Section 21354.5 to make the 2.7% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.] PLEASE DO NOT SIGN "EXHIBIT ONLY" 7. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). b. Section 21572 (Increased Level of 1.959 Survivor Benefits). C. Section 20965 (Credit for Unused Sick Leave). d. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members). e. Section 21427 (Improved Nonindustrial Disability Allowance). f. Section 20042 (One -Year Final Compensation). g. Section 20503 (To Remove the Exclusions of - "Crossing Guards" and "Administrative Interns", Prospectively from June 14, 1991). h. Section 20325 (Optional Membership for Part -Time Employees). -.a 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on February 7, 1981. 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 of said Retirement System. 10. 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. 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 ir��ontributions required of any employee may be made by directOnnents between the employee and the Board. `` B. This amendment shall be effective day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIRE r �N SYSTEM BY KENNETH W. MARZION, HIEF ACTUARIAL & EMP� R SERVICES DIVISION PUBLIC EMPLOygER g, RETIREMENT SYSTEM AMENDMENT PERS-CON-702A (Rev. 8\96) CITY COUNCIL CITY OF PALM Diw BY\\? PRESIL�(1�iOFFICER Witness Date Attest: Clerk