O 558
ORDINANCE NO. 558
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
(MCity") 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 Government
Code Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local
miscellaneous members only.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
~ 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 MExhibit", 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.
~ This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES: Council Members Runels, Dickens, Costello and Mayor Ferrara
NOES: None
ABSENT: Council Member Lubin
the foregoing Ordinance was passed and adopted this 9th day of November, 2004.
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ORDINANCE NO. 558
PAGE 2 _
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TONY~
ATTEST:
APPROVED AS TO CONTENT:
~.
- E ~ - ADAMS, CITY MANAGER
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APPROVED AS TO FORM:
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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 16,
1966, May 24,1973, July 4,1980, June 24,1988, February 12,1999, October 15,1999,
September 28, 2000, January 4, 2002 and July 2, 2004 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 July 2, 2004, 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 fire
members and age 55 for local police members.
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~LEASE DO NOT SIGN "EXH\\3\T Ot'".
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 10, 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 prov~ed 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. 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 service 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 Security (3% at
age 55 Modified).
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PLEASE DO NOT SIGN "EXH\\:J\ (,.
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).
d. Section 21027 (Military Service CreditforRetired Persons).
e. Section 20042 (One-Year Final Compensation).
f. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit) for local miscellaneous members.
9. Public Agency, in accordanCe with Government Code Section 20790,
ceased to be an "employer" 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
valuations on account of employees of Public Agency, and costs of
. the periodic investigation and valuations required by law.
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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 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 shall be effective .oh'the day of ,
\j'.'-
BOARD OF ADMINISTRATION v# \ CITY COUNCil
PUBLIC EMPLOYEES' RETI~~~ SYSTEM CITY OF ARROYO GRANDE
S\:;o
BY ~~ ' BY
KENNETH W. N, CHIEF PRESIDING OFFICER
; . .....
ACTUARIA~~.. M LOYER SERVICES DIVISION ...... "\"
'0.,
PUBLIC EM..~OYEES' RETIREMENT SYSTEM Y\<;:~ '
\\~~\ .
Witness Date 00\.
Attest: \;:)f::J ~~
~0~~
Q'y
\
Clerk
AMENDMENT ER# 545
PERS-CON-702A (Rev. 8\02)
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OFFICIAL CERTIFICATION
I, KELLY 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 pe~ury, that the attached is a true, full, and
correct copy of Ordinance No. 558 which was introduced at a regular meeting of
the City Council on October 12, 2004; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 9th day of
November, 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 12th
day of November, 2004.
~1rL-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK