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HomeMy WebLinkAboutORD 239ORDINANCE NO. 239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BET14EEN 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 t e City of Palm Desert and the Board of Administra- tion, California Public Employees' Retirement System is hereby author- ized, 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 Council of the City of Palm Desert is heregy authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this $th day of January , 1981, by the following vote, to wit: AYES: Newbrander, Puluqi, & Snyder NOES: None ABSENT: McPherson ABSTAIN: Wilson ATTEST: .1/ CITY OF PALM'DESERT, rOOUN. F r ORDINAN .,. NO. 239 EXHIBIT A AMENDIENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT. 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 under date of October 3, 1974, effective October 26, 1974, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective October 26, 1974, and hereby replaced by the following paragraphs numbered 1 through 10 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 60 for local miscell- aneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 26, 1974 making its employees as hereafter 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 such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 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: LOCAL FIREMEN AND POLICEMEN; ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE; CROSSING GUARDS; ADMINISTRATIVE INTERNS. 4. 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 Con- tract. Government Code Section 20336 supersedes this con- tract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subse- quent to January 1, 1975. 5. 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 (2% at age 60). ORDINANCE NO. L Exhibit "A" 6. 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 21263/21263.1 (Post -retirement survivor allowance). b. Sections 21380 - 21388 (1959 Survivors Program). C. Section 20862.8 (Unused sick leave credit). d. Section 20983.6 (Waiver of age 70 retirement) for local miscellaneous members only. e. Section 21022.1 (Industrial disability retirement) for local miscellaneous members only. f. Section 21298 (Increased non -industrial disability allowance). g. Section 21390 (Increased 1959 Survivors benefits). 7. Public Agency, in accordance with Section 20740, Govern- ment Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this Amendment to contract. Accumulated contributions of Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the Agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.029 percent until June 30, 2005 on account of the liability for prior service benefits. (2) 13.001 percent on account of the liability for current service benefits. (3) 0.360 percent on account of the liability for the 1959 Survivor Program. b. A reasonable amount per annum, as fixed by the Board to cover the cost of administering said System as it affects the employees of Public Agency, not including the cost of special valuations or of the periodic investigation and valuations required. -by law. c. A reasonable amount as fixed by the Board, payable in one installment as the occassions 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. _ - 2 - ORDINANCE NO ^- 9 Exhibit "AT 9. 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. 10. Contributions required by Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less of the correct amount of contributuions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or .adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the _ day of 1981. Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Carl J. Blechinger, Executive Officer Approved as to form: Cynthia J. Besemer, Legal Office, Date , 1981. CITY COUNCIL OF THE CITY OF PALM DESERT BY Attest: erl - 3 -