O 554
ORDINANCE NO. 554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE CONTRACT
BETWEEN THE CITY AND THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California
("City") is duly authorized and existing under the laws of said State; and
WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration
of the California Public Employees' Retirement System to provide retirement benefits to
the employees; and
WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 20042
(One-Year Final Compensation) for local fire members only.
NOW. THEREFORE. BE IT ORDAINED, by the City Council of the City of Arroyo
Grande, as follows:
Section 1: That an amendment to the contract between the City Council of the City of
Arroyo Grande and the Board of Administration of the 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 of Arroyo Grande is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said City.
Section 3: Within fifteen (15) days after passage of this Ordinance, it shall be
published, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
Section 4: This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES: Council Members Runels, Dickens, Lubin, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Ordinance was passed and adopted this 24th day of February, 2004.
~--~------- --
ORDINANCE NO. 554
PAGE "2
ATTEST:
vUL
RE, DIRECTOR OF ADMINISTRATIVE SERVICES!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~lffMANAGER
APPROVED AS TO FORM:
--
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 Arroyo Grande
.
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 July
10. 1964. and witnessed June 16. 1964. and as amended effective September 1.6.
1966. May 24. 1973. July 4.1980. June 24. 1988. February 12. 1999. October 15. 1999.
September.28. 2000 and January 4. 2002 which provides for participation of Public
Agency in said System. Board and Public Agency hereby agree as follows:
~ .
.
A. Paragraphs 1 through 13 are hereby stricken. from said contract as executed
effective January 4. 2002. 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; age 50 for local fire
members and age 55 for local police members.
""-
--
..,....
PL8\SE DO NO! S\GN "Ex.\"""
.
2. Public Agency shall participate in the Public Employees'. Retirement
System from and after July 1 0, '1964 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 con'tracting agency.
3. Employees of Public Agency in the' following classes shall become
m~mbers 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 ~afety 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. EMPLOYEES COMPENSATED ON AN HOURLY BASIS; AND
b. ELECTED OFFICIALS.
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
subject to the reduction provided therein for Federal Social Security
(2% at age 55 Modified and Full).
, .6. The percentage of final compensation to be provided for each year of
. credited prior and current seryice as a local fire member shall be
determined in accordance with Section 21362 of said Retirement Law
subject to the reduction provided therein for Federal Social Security (2% at
age 50 Modified).
7. 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 21363.1 of said Retirement Law
subject to the reduction provided therein for Federal Social S~curity (3% at
age 55 Modified).
I
PLEASE DO NOlS\GN "E~H\3iTL:~.
8. Public Agency elected and elects to be subject to. the following optional
provisions:
a. Section 21222.1 (One-Time 5% Increase -1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave). .
c. Section 21024 (Military Service Credit as Public Service),' Statutes
of 1976.
d. Section 21027 (Military Service Credit for Retired Persons).
".
.
e. Section 20042 (One-Year Final Compensation).
9. Public Agency, in accordance with Government. Code .Section 20790,
ceased to be an "employeI'" for purposes of Section 20834 effective on
July 4, 1980. 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
valuatio~s 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.
~--
;: --4
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 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 shaH be effective on the
day of.
BOARD OF ADMINISTRATION CITY COUNCIL
...
PUBLIC EMPLOYEES' RETIREMENT SY~!=-M CITY OF ARROYO GRANDE
#-
BY ,~~' BY
KENNETH W. MARZION, CHI~ PRESIDING OFFICER
ACTUARIAL & EMPLOYE~ ~R'vICES DIVISION
PUBLIC EMPLOYEES' R~IREMENT SYSTEM
. $0~
{.<\)
.....c"v
< \....:-...
...., '-,.\
,,~
. ..c&:
:\' -
.J,"?ff." '
,<,. t-
....' \...
,..">-'
. , t)\~''''''
-< . ','
Witness Date ~\) ~
<'.....~ .
< <\.~.j
Attest: .s,.~~...
(~\10._.....
, . ..
Clerk
AMENDMENT ER# 0545
PER5-CON-702A (Rev, 8\02)
--
I
I
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached is a true, full, and
correct copy of Ordinance No. 554 which was. introduced at. a regular meeting of
the City Council on January 27, 2004; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 24th day of
February, 2004; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of February, 2004.
~I~
KELLY W MO~E,DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
----------------- ..~ I