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Home My WebLink About2001-09-10 Ordinance 47151'<' llows: ORDINANCE NO. 4715 ORDINANCE OF THE COUNC OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (TO PROVIDE SECTION 21362.2 (3% @ 50 FULL FORMULA) FOR LOCAL FIRE MEMBERS) The Council of the City of Palo Alto does ORDAIN as SECrION 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 the City of Palo Alto is hereby authorized and directed to execute said amendment for and on behalf of the C y 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 010726 cl 0032476 1 " ". SECTION 4. thirty-first day This ordinance shall be e r the date of its adoption. INTRODUCED: August 6, 2001 PASSED: September 10, 2001 AYES: BURCH, EAKINS, LYTLE, OJAKIAN, WHEELER NOES: ABSENT: BEECHAM, FAZZINO, KLEINBERG, MOSSAR ABSTENTIONS: Mayor ive on the of Human Resources 010726 cl 0032476 2 Director of Services .... . CalPEJ{S EXHIBIT . California , Public Employees' Retirement Syste,m -------~-----~--, . ' ,AMENDMENT TO CONTRACT . , .. Between the . , , , , Board of Administration ,CaJl.ifornia Public Employees' Retiremerit System and the City ,CouncR 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 .agen'cy, hereinafter referred to as, Public, Agency, 'having entered into a contract effective , January 1, ~t942; and witnessed March 9, 1942, and as amended effective January 1, 1948, April 1,1949, January 1, 1952, July 1, 1954, FeQruary 1, 1956, November'1, 1964, September 23" 1968, December 14, 1970, .February1,1974, July 8, .1974, January 5, 1975"April'1, 1975; September 11,1977, July 1,1979, February 21,1981, July 11,1981, December 12,19&1, 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 and July 1, 2000 which provides for participation of Public Agency. in said System, Board an~ Public Agency hereby agree as follows:' . A. Paragraphs 1 through 12 are, hereby stricken from said contract as executed ,effective July 1, 2000, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: ., 1. All words and terms used herein which are defined in tbe Public Employees' Retirement Law shall have the' meaning' as defined 'therein unless otherwise specifically provided. "Normal retirement ,age" sh~1I mean age 55 for local miscellaneous members and age 50 for local safety members.' ' " Exhibi t ,"A" PLE~SE DO N9T S,IGN "EXHIBIT ONLY" , "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 provi,sions of -the Public' Employees' Retirement Law except such as apply only on- election of a pontracting agency and', are, not provided for herein and to all amendments to said Law hereafter enacted except those, which by ,express provision's' thereof, apply. only on the election of a contracting agency. . ' 3. Employees of' Public Agency in the following classes .shall become m~mbers of said Retirement System except $uch.in each such class as are excluded by laW. or this, agreement: . a. Local Fire Fighters (h~rein referred to as local safety me'mbers); 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 MANAGERj PROJECT TECHNICIAN; PROJE.CT 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 shall be determined . in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The p'ercentage. 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 of said Reti"rement Law (2% at age 50 Full). , , 7. 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 '21362.2 of said Retirement Law' . (3% at age 50 Full). , . . PLEASE ·00 NOTS;·GN "EXHiS.lT ONLY" . . , . . . 8. Public Agency elected and elects to be $ubject to the following ,optional provisions: . a. Section 21571 (Basic Level of1959 Survivor Benefits). . ..' b. . Section 21222.1 (One-lime 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% Incre~se for Local Miscellaneous Members Who Retired or Died Prior to July 1,1971). .' e. . Section 21325 (One-Time 3% to 15% 'Increase for or on behalf of tnose local miscellaneous members and local safety member~ who retired or died prior to January 1,1974) . . . f. Section 20042 (One':'Year Final Cori1pensa~ion). , . g. .Section 21317 (One ... Time, 15% Increase for Certain Local 'Safety. Members Who Rf?tired for Service Retirement). h. . Section 21326 (One-Time 1% to 7% Increase for or on behalf of those local miscellaneous members and local safety members who retired ()rdied prior to JuIY'1, 1974).' . ' i. Section 21024 (Military Service Credit as Public Service)~ Statutes ,of 1976. ' . j. Section 20692 (Employer Paid Member Contributions Converted to . Payrate During the' Fil'lal Compensation' Peripd) . for . local miscellaneous members and local safety members in'the following . groups: Local miscellaneous members who are Management and . C~:mfidential employees; Local police members who are. Management arid . Confidential employees; .. . . . . ,Local fire members who are Management and Confidential· employees; , . ' . ". . I PLEASE 0.0 NOT S"GN '~EXH'B'T ONLY" Local miscellaneous members represented by Local 715, SEIU, AFL-CIO, 'and CLC; and . Local pOlice members represented by the Palo Alto, Peace Officers' . Association. " . . - . k. Section 2D434.5 ("Local Fire Fighter" shall .include any officer or employ~e of a fire department employed to perform hazardous materials services as described in Government Code -Section 20434.5). 9. 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 Secti9n 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 Reti~ement 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 . . admini$tering 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 Agericy"and cQsts 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' Retir~ment Law, and on account of the experience under the Retirement System· as determined by the periodic investigation and valuation -required by said Retirement Law. .. . B. 13. . ' Contributions req.L.liredbf Public Agency and its, employees 'shall be paid by 'Public Agency to the Retirement System wl~hin fift~en days after the end of the period to which said contributions refer or as may be' prescribed ' by Bqard' regulation; If more ,or less than the corr.ect 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. This amendment shall be effective on the __ day of _____ .:-, _'1 __ BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF PALO ALTO ~ ,..s.. ~ , BY' . ~ .. BY , ' KENNETH vy. MARZI0~81hEF . "PR-E-SI-D-IN---G-O-F-. F-IC.-.E-R-. ----- ACTUARIAL & EMPLO~ SERVICES DIVISION .' PUBLIC EMPLOYE~~ETIREMENT SYSTEM • . ' . '. . " ~. .c. ~, . ,L cff? . WItness Date #' ~"7 ~, . Attest: .£> l-<J .~ . ~ ~~ " __ -:-----:-~c~=r-rs--'-~--------'-- . ,c) Clerk . ~, ,}(' ~ .,.. v ,"~ <~..f N '" l;<:::5 , AMENDMENT PERS·CON·702A (Rev. 8\96) c.y <.~ N'V ' ~ CALIFORNIA PUBLIC •.. .ilPLOYEES' RETIREMENT SYS1 ..... JI Actuarial and Employer Services Division Public Agency Contract Serviges P.O: Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 .. 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 and/or the increase in retirement bene.fit(s) have been made public at a public meeting of the ____ C_i_t_y_C_o_un_c_" i_l __________________ of the (governing body) City of Palo Alto on August 6, 2001 (date) Resolution / Ordinance. Date September 12, 2001 PERS-CON-12A (rev, 1/96) (public agency) which is at .Ieast two weeks prior to the adoption of the City Clerk Title