HomeMy WebLinkAboutORD-11-1324 (AMEND CC & PERS CONTRACT)2
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ORDINANCE NO.11-1324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of Hermosa Beach does ordain as follows:
SECTION 1. That an amendment to the contract between the City Council of the City of
Hermosa Beach 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 A,
and by such reference is made a part of this Ordinance as though herein set out in full.
SECTION 2. The Mayor of the City Council of the City of Hermosa Beach is hereby
authorized, empowered and directed to execute said amendment for and on behalf of the City of
Hermosa Beach.
SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and
prior to the expiration of 15 days from the passage thereof shall be published at least once in the
Easy Reader, a newspaper of general circulation, published and circulated in the City of Hermosa
Beach and thenceforth and thereafter the same shall be in full force and effect.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
11-1324
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 14th day of June, 2011, by the following vote:
AYES:
Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
None
PRESIDENT of the City Council and
ATTEST:
CITY CLERK
kYC]�R of the
I
of Hennosa Beach, Cahtorma
.APPROVED AS TO FORM:
_2_
11-1324
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
I hereby certify that the
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
City Council
(governing body)
of the
City of Hermosa Beach
(public agency)
considered and adopted on June 14 2011 by an affirmative
(date)
vote of a majority of the members of said Governing Body, Ordinance / Resolution No.
11-1324
approving the attached contractual agreement between the Governing
Body of said Agency and the Board of Administration of the California Public
Employees' Retirement System, a certified copy of said Ordinance / Resolution in the
form furnished by said Board of Administration being attached hereto.
Adoption of the retirement benefit increase was not placed on the consent calendar.
Clerk/Secretary
Title
Date
PERS-CON-5 (Rev. 6/09)
CAPERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Hermosa Beach
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 1, 1952, and
witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962,
October 1, 1964, June 1, 1979, April 1, 1980, October 1, 1981, February 1, 1983, January
1, 1986, April 14, 1993, September 10, 1993, February 12, 1994, January 1, 2001 and July
9, 2010 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective July 9, 2010, and hereby replaced by the following paragraphs numbered 1
through 16 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 entering membership in the miscellaneous
classification on or prior to the effective date of this amendment to contract;
age 60 for local miscellaneous members entering membership for the first
time in the miscellaneous classification after the effective date of this
amendment to contract; age 50 for local police members; age 55 for local fire
members entering membership in the fire classification on or prior to the
effective date of this amendment to contract and age 50 for local fire
members entering membership for the first time in the fire classification after
the effective date of this amendment to contract.
2. Public Agency shall participate in the Public Employees' Retirement System
from and after July 1, 1952 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. Public Agency agrees to indemnify, defend and hold harmless the California
Public Employees' Retirement System (CaIPERS) and its trustees, agents
and employees, the CaIPERS Board of Administration, and the California
Public Employees' Retirement Fund from any claims, demands, actions,
losses, liabilities, damages, judgments, expenses and costs, including but
not limited to interest, penalties and attorneys fees that may arise as a result
of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions
or formulas under this Contract that are different than the
retirement benefits, provisions or formulas provided under the
Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CaIPERS
to provide retirement benefits, provisions, or formulas that are
different than the retirement benefits, provisions or formulas
provided under this Contract and provided for under the California
Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code or
any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of amendments,
additions or deletions to California statute or to the California
Constitution.
4. 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).
5. 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. SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER
1, 1956; AND
b. PERSONS COMPENSATED ON AN HOURLY BASIS EMPLOYED
ON OR AFTER OCTOBER 1, 1964.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member entering
membership in the miscellaneous classification on or prior to 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).
7. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law (2% at age 60 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member entering
membership in the police classification on or prior to the effective date of this
amendment to contract shall be determined in accordance with Section
21362.2 of said Retirement Law (3% at age 50 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member entering
membership in the fire classification on or prior to the effective date of this
amendment shall be determined in accordance with Section 21363.1 of said
Retirement Law (3% at age 55 Full).
10. The percentage of final compensation to be provided for each year of
credited current service as a local safety member entering membership in the
safety classification after the effective date of this amendment shall be
determined in accordance with Section 21362 of said Retirement Law (2% at
age 50 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor
Allowance) for local safety members only.
C. Section 21024 (Military Service Credit as Public Service).
d. Section 20042 (One -Year Final Compensation).
e. Section 20903 (Two Years Additional Service Credit)
f. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60
Full formula) is applicable to local miscellaneous members entering
membership for the first time in the miscellaneous classification after
the effective date of this amendment to contract.
Section 21362 (2% @ 50 Full formula) is applicable to local safety
members entering membership for the first time in the safety
classification after the effective date of this amendment to contract.
12. Public Agency, in accordance with Government Code Section 20790, ceased
to be an "employer" for purposes of Section 20834 effective on April 1, 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.
13. 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.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and liabilities
of Public Agency and its employees shall be pooled in a single
account, based on term insurance rates, for survivors of all local
miscellaneous members and local safety members.
b. 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.
C. 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.
15. 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_
16. 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 16th day of July 2011
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF 7-z
OSA BEACH
BY - _ BY {�
DARRYL WATSON, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
h��, %_
Clerk
AMENDMENT ER# 320
PERS-CON-702A
ORDINANCE NO. 11- 1324
An Ordinance of the City Council _ of the
(Name of Governing Body)
City of Hermosa Beach authorizing an amendment
(Name of Public Agency)
to the contract between the City council of the
(Name of Governing Body)
City of Hermosa Beach and the
(Name of Public Agency)
Board of Administration of the California Public Employees' Retirement System.
The City Council of the
(Name of Governing Body)
City of Hermosa Beach does ordain as follows,
(Name of Public Agency)
Section 1.
Thal an amendment to the contract between the _ City Council
(Name of Governing Body)
of the City of Hermosa Beach
(Name of Public Agency)
and the Board of Administration, 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 Council
(Title of Presiding Officer) (Name of Governing Body)
is hereby authorized, empowered, and directed to execute said amendment for and on behalf of
said Agency.
Section 3.
This Ordinance shall take effect 3 0 days after the date of its adoption, and prior to the
expiration of 15 days from the passage thereof shall be published at least once
in the Easy Reader , a newspaper of general circulation,
(Name of Newspaper)
published and circulated in the City of Hermosa Beach and thenceforth and
(Name of City or County)
thereafter the same shall be in full force and effect.
Adopted and approved this 14 th day of June? 201
Presiding Ofricer
Attest:
Clerk
PERS-CON-1 1A (Rev 8/94) (Amendment)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P O Box942709
Sacramento, CA 94229-2709
(888) CaIPERS (225-7377)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
hereby certify that the City council
(governing body)
City of Hermosa Beach
considered and adopted on
(public agency)
June 14
(date)
of the
2 0 11 by an affirmative
vote of a majority of the members of said Governing Body, Ordinance / Resolution No.
11-1324
approving the attached contractual agreement between the Governing
Body of said Agency and the Board of Administration of the California Public
Employees' Retirement System, a certified copy of said Ordinance I Resolution in the
form furnished by said Board of Administration being attached hereto.
Adoption of the retirement benefit increase was not placed on the consent calendar_
CI rk/Secretary
Title
Date � �4-4
_
PERS-CON-5 (Rev 6/09)