HomeMy WebLinkAboutORD 575ORDINANCE NO. 575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of Palm Desert, California does
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 of
the 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 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 Palm
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 at a regular meeting of the Palm
Desert City Council, held on this 22nd of June 1989
by the following vote, to wit:
AYES: Benson, Crites, Kelly, Snyder, Wilson
NOES: None —
ABSENT: None
ABSTAIN: None
S.,ROY WILSON, OYOR
!>Yf-�TE5T:
SHEILA R. G L I AN, CITY LERK
CITY OF PALM DESERT, cALLAFORNIA
ORDINANCE NO. 575 EXHIBIT "A"
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
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
effective October 26, 1974, and witnessed October 3, 1974, and as amended
effective February 7, 1981, which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective February 7, 1981, 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
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members.
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 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. 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;
b. ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE;
c. CROSSING GUARDS; AND
d. ADMINISTRATIVE INTERNS.
ORDINANCE NO. 575
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 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6. 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 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 21263 and 21263.1 (Post -Retirement Survivor Allowance).
b. Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.2 (Increased 1959 Survivor Benefits).
C. Section 20862.8 (Unused Sick Leave Credit).
d. Sections 21022/21022.1 (Industrial Disability Retirement) for
local miscellaneous members.
e. Section 21298 (Increased Non -Industrial Disability Allowance).
f. Section 20024.2 (One -Year Final Compensation).
B. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
February 7, 1981. 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:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 8.407 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
ORDINANCE NO. 575
b. 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.
C. 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.
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 effective on the
July , 19 89 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
22nd day of
CITY COUNCIL
OF THE
CITY OF PALM DESERT
BY
Presiding Officer
Witness Date
Attest:
Clerk
=PERS ORDINANCE N0. 575
Contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify:
That the City Council
(Governing Body)
DATE: July 11, 1989
of
the City of Palm Desert adopted
(Public Agency)
on June 22, 1989 , by an affirmative vote of a majority of the
(Date)
members of said Governing Body, Ordinance No. 575
(Ordinance or Resolution)
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance in the form
(Ordinance or Resolution)
furnished by said Board of Administration being attached hereto.
lerk or SecreULry)f U 0 0�'�,�
City of Palm Desert
(Public Agency)
PERS-CON-5
C0614 (Rev. 4/89)