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HomeMy WebLinkAboutCC Ord 1018 1977-09-12 . ," ORDINANCE NUMBER /o/r I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS. I Section 1. That an amendment to the Contract between the City of Seal Beach 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 made a part hereof as though herein set out in full. Section.2. The Mayor of the City of Seal Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. Section 3. This Ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Seal Beach Journal, a newspaper of general circulation, published and circulated in the City of Seal Beach 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 ~a1 Beach, C1I1iforni~, atj a regular meeting thereof held on the'/,;},- day of (711, LJihn.tLV</ ' , 1977. . ~ ~~~...-/~~ ~ ayor . ATTEST: I I C7 STATE OF CAL,IFOR"lIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certify that the foregoing ordinance was introduced at a meeting held on ~ ~"'.d.t .;?;;J.. ,1977, and was cIIopted, passed and approved by the City ounei1 of~e City of Se~l Beach at a meeting thereof held on the a'!l. day of ~ja#, 1977 by the following vote: I' -. , " " I Page Two - Ordinance Number ;I~;I~ AYES: counci1men&IV'~1i ~ If;::tt.C~oP:t/'.;; L NOES: Counci 1 men"LfH"YLL/ ' I .. . . ..., " . d:, .. .- ABSENT: counci1men,~JA ad ' .~~.~ I I ....11IIII I, .' ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY COUNCIL (Name of Governing Body) CITY OF SEAL BEACH (Name of Public Agency) of the authorizing an AMENDMENT TO THE CONTRACT BETWEEN THE City of Seal Beach (Governing Body) AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the (Name of Governing Body) does ordain as follows: City of Seal Beach , (N_e of Public Agency) SECT! ON I. That an amendment to the Contract between the (N_ of and the Board of City of Seal Beach (Name of Public Agency) dmlnlstratlon, California Public EMployees' RetireMent System Is hereby authorized, a copy of said 8IIen"'nt being attached hereto, marked "Exhibit A", and by such refer- ence made a part hereof as though herein set out In full. of the SECTION 2. The City of Seal Beach (Name of Governing Body) execute seld nenchent for and on Mayor (Title of Presiding Officer) Is hereby authorized, _pGwe red , of the and directed to behalf of said Agency. SECTION 1. This Ordinance shall take effect ~ days after the date of Its adoption, and prior to the expiration of ~ days f~ the passage thereof shall be publiShed at least once In the Seal Beach Journal , (Name of Newspaper) a newspaper of general circulation, publiShed and circulated In the City of Seal Beach Public Agency) shall be In full force and effect. (Name of and thenceforth and thereafter the same Adopted and approved this 12th day of Seotember " 19...2Z.. ~etB'6e./",.hl.1 , , (PreSiding Offlc~r) Cr PERS-ACT-II (AmendMent) (9/71) I, " I .' Ordinance Number AMENDMENT TO COllTRACT BETWEEN THE BeARD OF Al!JlINISTRATION PUBLIC El.filLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SEAL BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the City Council of the City of Seal Beach, hereinafter referred to as Public Agency, having entered into a contract under date of April 28, 1958, effective June 1, 1958, and as 8IlIended August 1, 1968, JulJ' 1, 1972, and Me,y 16, 1973, 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 amended effective Me,y 16, 1973, and are hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employ- ees I Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1958, making its employees as herein- after 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 provision thereof apply only on the election of contracting agencies. I 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than local firemen and local policemen (herein referred to as miscellaneous members). The following classes of employees shall be excluded from membership ,in said Retirement System: ,? NO ADDITIONAL EXCLUSIONS t::"/~LJ I ~ "/J"'~ I " " Ordinance Number, ' 4. The fraction of final compensation to be provided for each Y9a:r of credited prior and current service as a miscellaneous memb~r upon retirement at normal retirement age d!1all be ]/50 and shall be applied as provided in Section 21251.13 of said Retirement Law with service prior to the termin~tion of Social Security coverage subject to the modification set forth in said section. 5. The fraction of final compensation to be provided for each yea:r of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of Raid Retirement Law. 6. Public Agency, in accordance with Section 20740, Government 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 8IlIendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fL"<:ed and determined as provided in Section 20759, Government Code, and such accumulated contributions end contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. I 7 . The following additional provisions of the Public Employees I Retire- ment Law vihich apply only upon election of a contracting agency shall apply to the Public Agency and its enployees: a. Section 20952.5 (providing for age 50 as the minimum vobuntary retirement age for local safety members with benefit payments commencing prior to age 55 subject to actuarial discount). b. Section 21380-21388 (providing for allowances for survivors of m8lllbers covered under the 1959 Survivor's Program upon the member's death before retirement). c. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post- retirement survivor allowance to certain survivors). d. Section 21222.1 (pro:viding for increases p~able for time com- mencing on the first de,y of the calendar month coinciding with or next following the effective date of this amendment to or on account of persons retired or members deceased on or prior to December 31, 1970). I e. Section 20024.2 (defining "final compensation" on the basis of average compensation earnable during the year immediately preceding re- tirement or any other one year period elected by the member) for miscellaneous. f. Section 20862.8 (providing service credit at retirement for unused sick leave) for miscellaneous. g. Section 20930.3 (prOViding service credit under the provisions of Chapter 830, Stats. 1976, for up to four years of continuous military or merchant marine service for persons who are members because of employnent by Public Agency) for miscellaneous members. Ret. Forn 702-2 . II Ordinance Number. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 0.351 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 9.743 percent on account of the liability :for current service benefits. (3) 0.256 percent on account of the liability :for the 1959 Survivors program. (4) 0.26 percent on account of the liability for the 5% increase in accordance with Section 21222.1 of the Government Code until June 30, 1978. I b. With respect to local safety members, the public agency shall contribute the following percentages of monthly salaries earned as local safety members of said System: (1) 17.605 percent on account of the liability for current service benefits. (2) 0.220 percent on account of the liability for Section 21222.1 of said Retirement Law until July 1, 1978. c. A reasonable amount per annum, as fixed IvJ Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the periodical investigation and valuation required b,y law. d. A reasonable amount as fixed by the Board, pe,yable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period- ical investigation and valuation required by law. 9. Contributions required of Public Agency and its employees shall be sub- ject to adjustment by Board on account of 8IlIendments to the Public Employees' Retirement Law, and on account of experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. I 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System wi thin thirty de,ys after the end of the period to which said contributions refer. If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in connection with subsequent remittances or adjustment on account o:f errors in contributions required of any employee me,y be made by direct cash pa;yments between the employee and Board. Pa;yments by Public Agency to Board me,y be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. Ret. Form 702-3 .' I' , , ," . ordinance Number B. This amendment shall be attached to effective" on the I.~ Witness our hands this /c.::?Y.I BeARD OF ADMINISTRATION PUBLIC El/lPLOYEES I RETIREMENT SYSTEM BY Carl J. Blechinger, Executive Officer Approved as to form: I Legal Office, PEaS I de,y CITY COUNCIL OF THE CITY OF SEAL BEACH '~(tyJ-"tIV r. Ifu-..-hr,,,t: _ j' Presiding Officer "''':1 d . , . I f i ~ ~A~ ' "0_. T.I__ "7^.'" . PROOF OF PUBLICATION (2015.5 C.C,P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the Seal Beach Journal .................................................... .................................................... ~ a newspaper of general circulation. printed and published....... ?!l,!~~y.................. in the City of ... ~.~~~.. ~.~?c;~................ County of Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of . 2-24- 75 California. under the date of.......... 19..... Case Number A7.~?~~~.....; that the notice. of which the/annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to-wit: .... ..~.li!P.t.~IJ!l?~:r..?,~.,.................. ....... all in the year 19.7.7... I certify (or declare) under penalty of perjury that the for,egoing is true and correct . Dated at .....~~~.~..~~~~J;t..................... C I'f . thO 30th d fSent. 1977 a I ornla, IS.......... ayo ...n..., ..... ., ~'&::,c.sig~-re J?., .~.7'1.,........ F.... copl.. of this blenk form me, be secured from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 210 South Spring St.. Los Angeles. Calif. 90012 Telephone: 625.2141 PI.... 'eQuel' GENERAL Proof of Publlutlon when orderln.. this farm. This space is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... Ordinance #1018 ..................................... Paste Clipping of Notice SECURELY In This Space r- -- I ORDINANCE NUMBER 101,' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACW CALIFORNIA. AUTHORIZING AN AMEND- MENT TO THE CONTRACT BETWEEN THE CITY OF SEAL BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT I SYSTEM. I I THE CITY COUNCIL OF THE CITY , OF SEAL BEACH DOES ORDAIN MI " FOllOWS, SecUan 1. That an amendment to the Contract between the CUy of Seal Beach end the Board or Admin- Istration, California Public 'EmplGy88l' Retirement System II I hereby .Uthorlzed, a cqpy of IBId I amendment bemg atlacti8d hereto, I mar1<od Exhlbll A, IUld by IlICh I reference made a part hereof as I though herein eet out In full. i lecllan 2. The Mayor of'the CIty of Seal Beach II hereby authorlzed, I empowered.. and directed to execute r said amendment for and on behalf of , the City. I 8ecUDn a. This Ordinance shall teke , effect thirty days after the date of Its _pIlon. IUld prior to the uplrellon of fifteen days from the passage thereof .haIl be published .t IeBlIt once In the Sell Be8ch Journal, a newspaper of general circulation, published and circul.ted In, the City of Seal, Be8ch and thenceforth and thereafter the same shall be In full force Md effect. PASSEOb APPROVED and ADOPTe ~Clty Councilor the City of SeIlI , CeUfornla, at a regular meeting thereof held on the 12th dey of SejJlem..... 1977, Thorn.. E. BIIIlkman M...r :ATTEST: '. I Jerdys WeIr I City Clerk 1 STATE OF CALIFORNIA ~ COUNTY OF ORANGE SS CITY OF SEAL BEACH I, Jerdn Weir. City Clerk of lhe City of Seaf Beach and ex-offlclo clerk of the City COuncil, do h~ certify th8t the forego ng ordinance WIllI Introduced at . meeting held on Augusl 22, 1977. and was adapted. _ IUld approved by the City Council of the City of Seafs.ch et e meeting thereof held 'On the 121h day of September, 1971 by the following YUle: AYES: Councilmen Blackman, KI8deIl, Laszlo, Weir NOES: COuncilmen None ABSENT: COuncilmen Gray Jerdys Wefr City Clerk AMENOMENT TO CONTRACT BETWEEN THE BOARO OF ADMINISTRATION PUBUC EMPLOYEES' RETIREMENT SYSTEM ANO THE CITY COUNCil OFTHE CITY OF SEAL BEACH The Board of Admmlstratlon Public EmploYH" Retlremenf System, hereinafter referred to as Board, and the City COuncil 01 the City of Seal Beach, hereinafter referred to u Public Agency, hevlng entered Into a contract under date Of April 28, 1958. eflectlveJune1, 1968, and as amended August 1, 1888. July 1, 1972, and May 18, 1973 which provides for DBI1~CI allon 01 Public Agency In said I em, Board and PpbllC Agency ereby agree as follows. A. Paragraphs 1 through 10 are hereby stricken from saki contract as amended effective May 18, 1973, and are hereby replaced by the following paragraphs num~ 1 through 10 Inclusive: L...~,II...~' IUld ter"l",_u~ f. Section 2D111Z.!I P Idlng service credit at retirement for unused sick leave) for miscellaneous. g. Section 2OB3O.3 (providl~ service credit under the pro...lslonl of Ch.pter 830, Stall. 1978, for up to four years of continuous military or merchanl marine service for for penons .who are members bec8ulIe of employment by Public Agency) for mlscef- lanIDus mernben. 8, PubliC Agency shall con~ tribute to said Retirement Syetam as follows: a. With respect to mlacellanaous members, the pUblic .gency shall contribute the following percentagel of monthly salaries earned as miscellaneous members of ::~stem: (1) 0.351 until June 3Cli, 20DD on account 01 the liability for prior ser...lce benefits. (2) 9.7a percent on account of the liability for current I81'YIce benefitS. (3) 0.258 percent an account of the liability for the 1959 Survivors program (4) 0.28 percent an account of the liability for the 5%. 1ncre888 In accordance with Section 2122'.1 of the Government Code until June 30. 1978. b. With respect to lacaI safety members, tile public agency shall contribute the follOwIng peroentages of monthly salarl88 earned as local safety mambenl of seld System: (1) 17.805 percent on accaunt of the lIab1Uty for current I8rYlce benefits. . 121 0,221) percent on eccounl of fhit liability for Section 21222.1 of laid Retirement Law until July 1. 11118 c. A reasonable amount per annum as fixed by Bo8rd to cover the COItI of admlnlttarl~ lIIId System as It affects the empl..... of Public Agency, not Including the casts of Spll!ClBl v.luatlons or the periodical Investigation .nd valu.tlon required by law. , d. A reaIOnable amount as fixed by the Board. payable In one Installment as the occasions arll8, to cover C08I8 of special valuations on account of employees of PubliC Agency, and COBt8 of the periOdical Invest- Igation and valuatIOn required I:iY law. 9. Contributions required of Public AgIlf1:CY and Ita employees. shall be subject to adJ_ment by Board on lDlDunt of amend- ments to the PubliC Employees' Ratlremenl Law, and on account of ex~lance undw the Retl~ ment Syttem as determined by the perlOdlcalmvestlgatlon and ....Iu.tlon required by said Retirement law 10. Contributions required of Public Agency .nd Its employees shall be paid by Public Agency to the Retirement Syitem Within thirty days after the end of the perfod to whICh cilntn.:tlng egency ... ere not provided for herein and to all amendments to said Law h.. _....ed_eucIIu by exp.... ....181on 1_ apply only on the election of con-. tractlng agencl8l. 3, Emp'''''' of Publlc_ In the following cIaIIes: - shldl beCOme members of said Retlr. ment System except such In each such cl88I as are eXcluded by law or this' agreement: a. Leical firemen (herein referred to u local safety members); b. L.oca1 policemen (herein relaTed to u local safety members); c. Employees other than local firemen and local policemen (herein referred to as mlscellaneou. members). The following cl..ses of employees shall be excluded from membership In IBid Retirement SYStem: NO ADOITlONAl EccLUSIONS 4. The fractlCSn of final compensation to be provided for each year of credited prior and curreht service 88 . miscell- aneous member upon retirement at normal retirement age sh.1I be 1/50 and shall be applied as provided In Section 21251.13 of uld Retirement Law with eervtce - prior to the termination of Social Security coverage subJect to the modification set forth In said section. 5. The fraction of fmal c0m- pensation to be pnMded for each year of credited priOr and current service 88 a 10CIiI safety member ,hall be determined fn accord- ance with Section 21252.8 of 881d Retirement Law. 6, Public AGeneye In eccard: ance witty SectTan 2Of40. Govern- ment Code, shall ~ to be an "employer" for purposes Qf Ch.pter 8 of the PubliC EmpIQYHs' Retirement Law effectl.... . of the effective date of this .mendment to thiS contract. Accumulated con- tributions of the Public Agency 88 of the dale of such amand- ment shall be fixed and deter- mined as provided In Section 20759, Government Code, and such accumulated contrlbutlOf1l and contributions hereafter mllde shall be held by the Board 88 provided In Section 20759, Government Code. 7. The fallowlna additional proviSions of fhe Public Employees' Retirement L8W, which apply only upon alectlon of . cont_,ng egency _, _y to the PubliC Agency Itnd"1tiI emp'''''': L Section 20952.5 (providing for age 50 as the minimum voluntary retirement 8(le for local safety member8 With benefit paymante commencing prlor"to age 55 subject to actuarial dllCOUnt). b. Section 21380-21388 (providing for allowances for survivors of members covered under the 1958 Survivor's Program upon the member'. de8fh before retlremenU. c. 5ectloa. 11163 aad 21363.1 (pIovIdIDa apall the _ of a IiIember who ndnd far _ or ~... -- of a .......:Ih...-d __ --..- _l. d. _ 2l222,1 . (providing for Incr...es payable fair time .commencing on the first day of the calendar month coinCiding with or next following the effective date of this amendment to or on account of persons retired or members dlca8sed on or prior to December 31 1970). e. Section zcii24.2 Ideflnlng "Final compensation' on thi balls of average compensation e.rnable during the year Immediately ~Ing retl~ ment or any other one year D8rI"CIelected by the member) for miscellaneous. r--saii contrlbirlions- reter.lf"I\ ' more or leu than the correct r amount of contribution Is paid J lor 'any penod, proper adJust- ment shall be made In l connection with subsequent I remittances or -'lustmant on " account of error. In con- tributions required of any. \ employee may be made by direct cash payments between the employee end -.d. Peymenl8 by Public Agency to Board may be made In tfle form of warranls, bank checks, bank draUs, certified checks, money orders, or cash, B. Thll amendment 8hal1 be atteched to said contract and shall become effectlvle on the 12th dey of October. 1m Witness our nanas ml' 12tb dey of September. 1m BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SEAL BEACH BY Carl J. Blechlnger, Executive officer BY ThomaI E Blackman Presiding officer Ap~ as to form: Legal Offa, PEAS At.." J i::z.e W..r I 1