HomeMy WebLinkAboutORD 646ORD I NANCE NO. 646
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, TO
REMOVE THE EXCLUSION OF CROSSING GUARDS AND
ADMINISTRATIVE INTERNS AS REQUIRED BY NEW FEDERAL
(IRS) REGULATIONS.
The City Council of the City of Palm Desert, California does
ordain as follows:
SECTION I.
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.
The Internal Revenue Service has establish regulations
requiring that the positions noted herein be covered by the City
of Palm Desert's retirement plan by no later than July 1. thus
creating an adverse affect on the public health, safety. and
welfare of those individuals affected. This ordinance is,
therefore. determined to be an urgency ordinance to be effective
immediately.
PASSED. APPROVED and ADOPTED at a
Palm Desert City Council, held on this__
1991 by the following vote, to wit:
AYES:
BENSON,
NOES:
NONE
ABSENT:
W I LSON
ABSTA I N :
NONE
CRITES, KELLY, SNYDER
ATTEST: 1
SHEILA R. G LLIGAN. TY CLERK
CITY OF PALM DESERT.4,1 CALIFORNIA
regular meeting of the
13th of June
WALTER H. SNYDER. 41AYOR
C O P Y f f f
AMEtIDNElT TO CONTRACT
V BETWEEN THE
c,\C3'\* BOARD OF ADMINISTRATION
OF TER
PUBLIC EMPLOYEES! RETIREMENT SYSTEM
AND TEM
7�Q51- CITY COUNCI L
OF THE
CITY OF PALM DESERT
The Board of Administration, Public Employees' Retirement System, nere:na_: :
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 amer.de_4
effective February 7, 1981 and July 29, 1989, which provides for part:c:rat:_:
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 exec ---el
effective July 29, 1989, and hereby replaced by the following paragrapns
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 tnere:-
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 prov:s.zr.=—
of the Public Employees' Retirement Law except such as apply only :.n
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except those. wnl:n Z,
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 sucn crass as
are excluded by law or this agreement:
a. Employees other than local safety members (herein referred tz as
local miscellaneous members).
4. In addition to the classes of employees excluded from membersn:p c,
said Retirement Law, the following classes of employees snall nc:
become members of said Retirement System:
a. ALL SAFIWT ENPLOYM; AND
b. ALL nWtOTM AGE 65 OA OLDER ON CONTRACT DATE.
L .. ,
C 0 P Y
Prior to .;anuary 1, i975, those met. .rs -who were nixed of
Agency on a temporary and/or seasonal basis not to exceed 6
were excluded from PERS membership by contract. Government =: e
Section 20336 supersedes this contract provision oy pcov;d,-�
such temporary and/or seasonal employees are excluded from p:RS
membership subsequent to January 1, 1975.
6L
The percentage of final compensation to be provided for each year
2
credited prior and current service as a local miscellaneous memce:
0
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2t at age 60 Full).
7.
Public Agency elected to be subject to the following optional
_
provisions:
ja.
Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
b. Sections 21380 - 21387 (1959 Survivor Benefits) including Sect:Ln
21382.2 (Increased 1959 Survivor Benefits).
C. Section 20862.8 (Unused Sick Leave Credit).
y
d. Sections 21022/21022.1 (Industrial Disability Retirement For
Local Miscellaneous Members).
e. Section 21298 (Improved Non -Industrial Disability Allowance).
f. Section 20024.2 (One -Year Final Compensation).
g. Section 20492.1 (To Remove the Exclusions of "Grossing Guards"
and "Adainistrative Interns" Prospectively from the effective
date of this amendment to contract).
h. Section 20365 (Optional Membership for Part -Time Employees).
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an 'employer" for purposes of Section 20759 effective ::..
February 7, 1981. Accumulated contributions of Public Agency sha.: ze
fixed and determined as provided in Government Code Section 2:759, a7.j
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 the
contributions determined by actuarial valuations of prior and
service liability with respect to local miscellaneous members :f sa.:
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 in-
stallsent within 60 days of date of contract to cover the =gists
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations _.
of the periodic investigation and valuations required by :aw.
• * C O P Y • .
b. A reasonable amount, as fixed by the Board, payable n =-.e .--
stallment as the occasions arise, to cover the costs :f s::ec.a.
valuations on account of employees of Public Agency, and c s_s
the periodic investigation and valuations required by law.
C:.ntr:butior,s required of Public Agency and its employees snal. ce
subject to adjustment by Board on account of amendments to the Put.::.
Employees' Retirement Law, and on account of the experience under _-.e
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees seal: to
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 Tess 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
19 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT
V�
�\
BY
CHIEF, CONTRACT CES
DIVISION
PUBLIC EMPLOYE115 ETIREMENT SYSTEM
PERS—CON-702 (AMENDMENT)
(Rev. 3/91)
jay Lf
CITY COUNCIL
OF THE
CITY OF PALM DESERT
2�
BY 0
Presiding Officer �+
Witness Date
Attest: �O
�O
ClerK d