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O 526 C.S. ORDINANCE NO. 526 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO AMEND 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 21363.1 (3% @ 55 Modified formula) for local police members. 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. This Ordinance shall take effect on January 4, 2002. Section 4: 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. On motion of Council Member Runels, seconded by Council Member lubin and on the following roll call vote, to wit: AYES: Council Members Runels, lubin, Dickens, Ferrara, and Mayor lady NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 12th day of June, 2001. ORDINANCE NO. 526 'C.S. PAGE 2 MICHA~ ATTEST: ;1 cUr VUL ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~ ' EV N ADAMS, CITY MANAGER APPROVED AS TO FORM: ~ . ~9-- TI ~ RMEl, CITY ATTORNEY "Exhibit" A CalPERS 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 and September 28, 2000 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 28, 2000, 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 u'nless 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. 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 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. 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). The required member contribution rate is 9% of reportable compensation in excess of $133.33. 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) for local miscellaneous members and local police members only. 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. 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 on the day of , BOARD OF ADMINISTRATION CITY COUNCil PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ARROYO GRANDE BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) 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. 526 C.S. which was introduced at a regular meeting of the City Council on May 8, 2001; and was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 1 ih day of June, 2001. I further certify that said Ordinance No. 526 C.S. was duly published in accordance with the law and order of said City Council in the Five Cities Times Press Recorder, a newspaper printed and published in said City, on June 20, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 22nd day of June, 2001. // . rf-waruz- WE ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK .