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Home My WebLink About2006-12-04 Ordinance 4928follows: ORDINANCE NO. 4928 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT CONTRACT THE CITY OF PALO AND THE BETWEEN BOARD OF ADMINISTRATION OF TO ALTO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (TO PROVIDE SECTION 21354.5 (2.7% @ 55 FULL FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS) The Council of the City of Palo Alto does ORDAIN as SECTION 1. The City Council hereby authorizes 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, 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 Palo Alto is hereby authorized and· directed to execute said amendment for and on behalf of the City of Palo Alto. SECTION 3. The City Council finds that this is not a project under the California Environmental Quality Act, and therefore, no environmental impact assessment is necessary. II II II II II II II II II II 070105 syn 0130023 1 SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: 070105 syn 0130023 November 13, 2006 December 4, 2006 BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR ~- AP : Attorney 2 EXHIBIT "A" A. CalPERS EXHIBIT California Public Employees' Retirement System -=-===~'~F __ ' ~~~ AtJIENDMENT 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 effective 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, March 9, 2002 and September 16, 2006 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 16,2006, and hereby replaced by the following paragraphs numbered 1 through 13 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 55 for local miscellaneous members and age 50 for local safety members, D\ F~\.';t= DO NOT SIGN ('EXHIBIT ONLY l ) I ...... ,.", j • 'l,.... ... ~ , 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; WATER SAFETY INSTRUCTOR lLiFEGUARD; RECREATION LEADER; 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 in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full) .. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). PLE!iSE 00 NOT SIGN "EXHIBIT ONLY" 7. 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). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21571 (BaSic Level of 19~9 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 I, 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 (Employer Paid Member Contributions Conve'rted . to Payrate During the Final Compensation Period) for local miscellaneous members and local safety members in the following groups: Local miscellaneous members who are Management and confidential employees; PLEP\SE DO NOT SIGN'TXHIB\T ONLY" 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). L Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local fire members only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes cif 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. 10. 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. 11.. 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. 12. 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. 13. 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 subsequ~nt remittances. Adjustments on account of errors in contributions res9tkd of any employee may be made by direct payments between th..e~ployee and the Board. . . ~, . B. . This amendment sh~~~"?iective on the day of _________ _ BOARD OF ADMINIST,,~ION' CITY COUNCIL PUBLIC EIVIPLOy~§o'f(ETIREMENT SYSTEM CITY OF PALO ALTO .~'fJ \)\J . BY __ -G~ ________ ~~ _______ _ LORI TLAND, CHIEF EMP R SERVICES DIVISION PUBL C EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 14 PE~S·CON.702A (Rev. 10\05) PRESIDING OFFICER Witness Date Attest: