HomeMy WebLinkAbout1794 - Military Service Credit & Sick Leave Credit4 -__ J
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ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (MILITARY
SERVICE CREDIT AND SICK LEAVE CREDIT)
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. That an amendment to the Contract between
the City Council of the City of Newport Beach and the Board of
Administration, California Public Employees' Retirement System
(Military Service Credit and Sick Leave Credit),'.is hereby
authorized, a copy of said amendment being attached hereto,
marked Exhibit "A" and by such reference made a part hereof as
though fully set forth herein.
SECTION 2. The Mayor and City Clerk of the City of
Newport Beach are hereby authorized, empowered and directed to
execute said amendment for and on behalf of the City of Newport
Beach.
SECTION 3. This Ordinance shall take effect thirty
(30) days after the date of its adoption, and prior to the
expiration of fifteen (15) days from the passage thereof shall
be published at least once in the official newspaper, published
and circulated in the City of Newport Beach, and thenceforth
and thereafter the same shall be in full force and effect.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
22nd day of January , 1979, and was adopted
on the 12th day of February
following vote, to wit:
1979, by the
a
ATTEST:
City Clerk
CERTIFIED AS Tti' OR'GiNAL AND
CErlI :ED AS TO PUBLICAi'[ON
JAN 4 1978
DATE . CITY C4Eli:: CFIH: Ci7Y OF ht "'JdP BEACH
40
AYES, COUNCILMEN: Hart, Heather, Hummel,
Ryckoff, Strauss, Williams
NOES, COUNCILMEN: None
ABSENT COUNCILMEN McInnis
&�- 61SLe?7�� -
Mayor
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DDO /kb
1/15/79
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AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF NEWPORT BEACH
The Board of Administration, 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 under date of
April 27, 1945, effective July 1, 1945, and as amended
effective March 1, 1948, November 1, 1951, April 1, 1956,
October 31, 1970, September 18, 1971, December 11, 1971,
September 24, 1977, December 18, 1977, and June 17, 1978, which
provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said
contract as executed effective June 17, 1978, and hereby
replaced by the following paragraphs numbers 1 through
11, 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 specifi-
cally provided. "Normal retirement age" shall mean
age 60 for miscellaneous members and age 50 for
local police and fire members, and age 55 for local
lifeguards on ocean beaches.
2. Public Agency shall participate in the Public Employees'
Retirement System from and after July 1, 1945, 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
such as by express provisions thereof apply only on the
election of contracting agencies.
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 Firemen (herein referred to as local safety
members);
b. Local Policemen (herein referred to as local safety
members);
C. Lifeguards on ocean beaches (included as local
safety members);
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d. Employees other than local safety members
(herein referred to as miscellaneous members).
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:
NO ADDITIONAL EXCLUSIONS.
4. The fraction of final compensation to be provided for each
year of credited prior and current service as a miscella-
neous member shall be determined in accordance with
Section 21251.13 of said Retirement Law (2% at age 60).
5. The fraction of final compensation to be provided for each
year of credited prior and current service as a safety
member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50).
6. The fraction of final compensation to be provided for each
year of credited prior and current service as a safety
member shall be determined in accordance with Section 21252.1
of said Retirement Law (One -half pay at age 55), for
lifeguards on ocean beaches.
7. The following additional provisions of the Public
Employees' Retirement. Law which apply only upon election
of a contracting agency shall apply to the Public Agency
and its employees:
a. 20019.3 (providing for inclusion of lifeguards on
ocean beaches as local safety members).
b. Section 20952.5 (providing for age 50 as the minimum
voluntary retirement age for local safety members,
with benefit payments commencing prior to age 55 subject
to actuarial discount).
C. Sections 21380 -21388 (providing for allowances for
survivors of members covered under the 1959 Survivor's
Program upon the member's death before retirement).
d. Section 20930.3 (allowing public service credit under
the provisions of Chapter 830, Stats. 1976, for up to
four years of continuous military or merchant marine
service).
e. Section 21389 (providing
covered by Federal Social
to be covered by the 1959
Agency added said benefit
given another opportunity
the program).
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that miscellaneous members not
Security who did not elect
Survivor Benefit when Public
to its contract shall be
to elect to be covered under
_1%
f. Section 20862.8 (providing service credit at
retirement for unused sick leave), for miscellaneous
members.
8. Public Agency, in accordance with Section 20740, Government
Code, ceased to be an "employer" for purposes of Chapter
6 of the Public Employees' Retirement Law effective on
• September 24, 1977. Accumulated contributions of Public
Agency as of the aforementioned date shall be fixed and
determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned
date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System
as follows:
a. With respect to miscellaneous members, the agency
shall contribute the following percentages of
monthly salaries earned as miscellaneous members
of said Retirement System:
(1) 9.145 percent on account of the liability for
current service benefits.
(2) 0.282 percent on account of the liability for
the 1959 Survivor Program.
b. With respect to local safety members, the agency
shall contribute the following percentages of
monthly salaries earned as local safety members of
said Retirement System:
(1) 18.692 percent on account of the liability for
current service benefits.
C. The reasonable amount per annum, as fixed by the
Board 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 periodical investigation and valuations required
by law.
d. 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 periodical
investigation and valuations required by law.
10. 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 periodical investigation and
valuation required by said Retirement Law.
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11. Contributions required of Public Agency and its
employees shall be paid by Public Agency to the
Retirement System within thirty 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, or adjustments on accounts
of errors in contributions required of any employee may
be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be
made in the form of warrants, bank checks, bank drafts,
certified checks,-money orders, or cash.
B. This amendment shall be attached to said contract and shall be
effective on the day of , 19_
WITNESS OUR HANDS this day of 19
BOARD OF ADMINISTRATION CITY COUNCIL OF THE
PUBLIC EMPLOYEES' RETIREMENT CITY OF NEWPORT BEACH
SYSTEM
By ByPi2
Carl J. Blechinger residing Otticer U
Executive Officer
APPROVED AS TO FORM: ATTEST:
Legal Office, PERS City Clerk
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