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Home My WebLink About1064ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Ukiah does ordain as follows: Section 1. An amendment to the contract between the City Council of the City of Ukiah 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 Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall become effective thirty (30) days after the date of its adoption, and prior to the expiration of ten (10) days from the passage thereof shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation, published and circulated in the City of Ukiah and thenceforth and thereafter the same shall be in full force and effect. Introduced by title only on March 16, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Adopted on April 6, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None ~~ ~/.z~~~.~~_ _. ~a~k ,~shiku, M~/or// ' ~/~~/~..¢'- Attest: .~uty~~Ciy'erk CalPERS California Public Employees' Retirement System AMENDMENT TO California CONTRACT Between the Board of Administration Public Employees' Retirement and the City Council City of Ukiah System 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 August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983, June 30, 1992, May 7, 1999, November 8, 1999, October 5, 2002 and October !2, 2003 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Ao Paragraphs 1 through 14 are hereby stricken from said contract as executed effective OCtober 12, 2003, and herebY replaced by the following paragraphs numbered I through 15 inclusive: , 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 50 fOr local safety members. . . . , . Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 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. 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); Co 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: NO ADDITIONAL EXCLUSIONS The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after October 12, 2003 shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after October 12, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified). o o o The percentage of final compensation to 'be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 20965 (Credit for Unused! Sick Leave). C. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. d. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 20042 (One-Year Final Compensation); Section 20965 (Credit for Unused Sick Leave); and Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of 10% pursuant to Government Code Section 20516. f. Section 21024 (Military Service Credit as Public Service). g, Section 20503 (To Remove the Exclusion of Employees Who are Paid on an Hourly, Per Diem, or Weekly Basis While Being Employed on a Temporary, Emergency or Seasonal Basis, Prospectively from November 8, 1999). h, Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. 10. Removal of the exclusion of "Employees Who are Paid on an Hourly, Per Diem or Weekly Basis While Being Employed on a Temporary, Emergency or Seasonal Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 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. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of.Public Agency and its employees shall be pooled in a single account, based, on term insurance rates, for survivors of all local miscellaneous members and local fire members. b, Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. Co 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. d, 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 effective on the - 8th day of Nay , 2005 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF UKIAH BY B LORI MCGARTLAND, ACTING CHIEF PR/E81DING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION,/~art~ Ashiku, Mayor PUBLIC EMPLOYEES' RETIREMENT SYSTEM April 7, 2005 Witness Date Attest: AMENDMENT ER# 0485 PERS-CON-70ZA (Rev. 8\02)