The URL can be used to link to this page

Home My WebLink About2006-08-07 Ordinance 4912ORDINANCE NO. 4912 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF PALO ALTO The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: That an amendment to the contract between the City Council of the City of Palo Alto 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, City of Palo Alto, is hereby authorized, erit"p,owered, and directed to execute said amendment for and on behalf of the City of Palo Alto. III III III III III III III III III III 060710 cs 8260290 1 SECTION 3. This ordinance shall take effect 31st day after the date of its adoption. INTRODUCED AND PASSED: August 7, 2006 AYES: BEECHAM, CORDELL, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR NOES: ABSENT: BARTON, DREKMEIER ABSTENTIONS: APPROVED AS TO FORM: Director of Human Resources Services 060710 cs 8260290 2 A. CalPERS EXHIBIT California Public Employees' Retirement System --------~------- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Palo Alto --------.~-"------- 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 January 1, "1942, and witnessed March 9, 1942, and as amended effe.ctive January 1, 1948, April 1, 1949, January 1, 1952, July 1, 1954, February 1, 1956, November 1, 1964, September 23, 1968, December 14, 1970, February 1, 1974, July 8, 1974, January 5, 1975, April 1, 1975, September 11, 1977, July 1, 1979, February 21,1981, July 11,1981, December 12,1981, June 12,1982, September 17,1983, November 12,1983, February 11,1991, October 15,1994, December 10, 1994, February 27, 1996, October 15,1998, January 1,1999, October 14,1999, July 1, 2000, October 20, 2001 and March 9, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: " __ "~" __ """" """" ""A:"" "_""J:"<:!r9gf?ph~L!b!.Q!:IgbJ"?_ J:l_re"_h~r.~_~y?trlg~~DfrQrD""?'91c:J"9.9Qtr9_9t9_s""~~~q~!~"c:J""" effective March 9, 2002, and hereby replaced by the following" paragraphs numbered 1 through 12 inclusive: PLEASE DO NOT S\GN "EXHIBlT ONLY" 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 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1942 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. - 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. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. 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. PROJECT PROFESSIONAL; PROJECT MANAGER; PROJECT TECHNICIAN; PROJECT ASSISTANT; PROJECT LABORER; LANDSCAPE MAINTENANCE -TRAINEE; LIBRARY PAGE; RECREATION LEADER; WATER SAFETY INSTRUCTOR/LIFEGUARD; AND POOL MANAGER HIRED ON OR AFTER OCTOBER 14, 1999. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member --------------------------sAall--be --determinedin--accordance -witI'! Section 21354 of said Retirement Law (2% at age 55 Full). PLEASE DO NOT SIGN "EXHIB\T ONLY" 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21571 (Basic Level of 1959 Survivor Benefits). b. Section 21222.1 (One:.Time 5% Increase -1970). Legislation repealed said Section effective January 1, 1980. c. Section 21222.2 (One-Time 5% Increase -1971). Legislation repealed said Section effective January 1, 1980. d. Section 21319 (One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002; e. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. f. Section 20042 (One-Year Final Compensation). g. Section 21317 (One-Time 15% Increase for Certain Local Safety Members Who Retired for Service Retirement). Legislation repealed said Section effective January 1, 2002. h. Section 21326 (One-Time 1 % to 7% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1, 2002. I. Section 21024 (Military Service Credit as Public Service) . . J Section· .20692 (EmployeL. Paid Member Contributions ..... ···Converted ·toPayrate During the Final Gompensation--Period) for local miscellaneous members and local safety members in the following groups: Local miscellaneous members who are Management and confidential employees; Local police members who are Management and confidential employees; Local fire members who are Management and confidential employees; Local miscellaneous members represented by Local 715, SEIU AFL~CIO and CLC; and Local police members represented by the Palo Alto Peace Officer's Association. k. Section 20434.5 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perform hazardous materials services as described in Government Code Section 20434.5). I. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local fire members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on September 11, 1977. 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. 9. 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. 10. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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 .. 11 . 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. 12. 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 o~ errors in c0ntributi~\,l'S required of any employee may be made by direct payments b~~~ the employee and the Board. B. This amendment shall be eff~~ on the . day of _______ , ___ . ,~ BOARD OF ADMINISTRATIQtj~~ CITY COUNCIL PUBLIC EMPLOYEES' R~{tREMENT SYSTEM CITY OF PALO ALTO ~~ BY . ~ <:J\J LORI MC~ND' CHIEF EMPLOY RVICES DIVISION PUBLIC PLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 14 PERS·CON·702A (Rev 10\05) Clerk i , CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase in retirement benefit(s) have been made public at a public meeting of the ________ C_it_y_Co_u_n_ci_l ______________ of the (governing body) City of Palo Alto on August 7, 2006 (date) Resolution I Ordinance. PERS-CON-12A (rev. 1/96) (public agency) which is at least two weeks prior to the adoption of the Clerk/Secretary DonnaRo