Ordinance 1982-14ORDINANCE NO. 82 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
AN A~MENDMENT TO THE CONTRACT BET~'~EN THE CITY OF GILROY AND THE
BOARD OF ADMINISTRATION OF THE CALIFDP~N!A PUBLIC EMPLOYEES' RETI~-
MENT SYSTEM.
The City Council of the City of Gilroy does ordain as follows:
SECTION 1. That an amendment to the Contract between the
City Council of the City of Gilroy and the Board of Administration,
California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked "Exhibit A",
and by such reference made a part hereof as though herein set out
in full.
SECTION 2. The Mayor of the City Council is hereby authorized,
empowered, and directed to execute said amendment for and on behalf
of said Agency.
SECTION 3. This Ordinance shall take effect 30 days after
the date of its adoption, and at least three (3) days prior to its
adoption shall be published at least once in The Gilroy-Morgan Hill
Dispatch, a newspaper of general circulation, published and circulated
in the City of Gilroy and thenceforth and thereafter the sa~e shall
be in full force and effect.
PASSED AND ADOPTED this 17thday of May, 1982 by the following
vote:
AYES:
NOES:
ABSENT:
CO~CIL MEMBERS: ALBERT, GAGE, HUG~AN, TAYLOR, VALDEZ
and LINK
COUNCIL ~.~MBERS: None
COUNCIL MEMBERS: GOODRICH
APPROVED:
ATTEST:
CitY Clerk
OXDINANCE NO. 82 - 14
' -- Mayor Prot ~mp°r~''
EXHIBIT "A"
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
o9 THE
CITY OF GILROY
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency, here-
inafter referred to as Public Agency, having entered into a contract under date
of May 21, 1968, effective July 1, 1968, and as amended effective November 3,
1971, August 1, 1973, January 1, 197~ and July 1, 1981, which provides for
participation of Public Agency in s.~ System, Beard and Public Agency hereby
agree as follows: :~_
A. Paragraphs 1 through 11 are hereb~tricken from said contract as executed
effective July 1, 1981, and hereb~eplaced by the following paragraphs
numbered 1 through 12 inclusive: ~ ..
1. All words,and terms used herein,~_hich are defined in the Public
Employees Retirement Law shall~.~ve the meaning as defined .therein
unless otherwise specifically pr~ided. Normal retirement age shall
mean age 60 for local miscellaneoU~ and age 55 for local police
members and age 50 Tor local fire~,~_mbers, ii~i~
2. Public Agency shall participate {n{.~e Public Employees Retirement
System from and after July 1, 1968 ~king its employees as hereinafter
provided, member~ of said System su .b~ct to all p~ovisions of the
Public Employees Retirement Law exc~ such as apply only on election
of--a contracting agency and are not-prSvided 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);
Employees other than local safety members (herein referred to as
local 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:
ELECTED OFFICIALS' -
PERSONS COMPENSATED ON AN HOURLY BASIS
Assets accumulated with respect to members in the local retirement
system were transferred te the Public Employees' Retirement System
within four months of contract date and applied against the liability
for prior service incurred thereunder. That portion of the assets so
transferred which represented the accumulated contributions (plus
interest thereupon) required'of the employees under said local system
has been credited to the individual membership account of each such
employee under the Public Employees' Retirement System.
The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be that provided in Section 21251.13 of said Retirement Law with
all service prior to Social Security termination December 31, 1974,
subject to the reduction provided by said section.
The fraction of final compens~on to be provided for each year of
credited prior and current ser~e as a local police member shall be
determined in accordance with S~ion 21252.1 of said Retirement Law
(0ne-half pay at age 55). ~)
The fraction of final compensatio~o be provided for each year of
credited prior and current service ~ local fire member shall be
determined in accordance with Secti~1252.01 of said Retirement Law
(2% at age 50 Full).
The following additioual provisions of~h~e Public Employees' Retire-
ment Law which apply only upon electio~$~ a c°~tracting agency shall
apply to the Public Agency and its emplo~,~es:
a. Section 20952.5 ~(Age~ 50 voluntary re~:ementO for local safety
members only. ~-_
b. Sections 21380-21387, (1959 Survivors Program), excluding Section
21382.2 (Increased 1959 Survivors benefits).
Section 21361.5 (Local System Service Credit) for local miscel-
laneous members only.
d. Section 21222.1 (Special 5% increase - i970).
Section 20983.6 (Waiver of age 70 retirement) for local miscel-
laneous members only.
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 July 1, 1981. 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.
10. Public Agency shall contribute to said Retirement System as follows:
12.
a®
With respect to miscellaneous members, the agency shall con-
tribute the following percentages of monthly salaries earned as
miscellaneous members of said Retirement System:
(1) 4.447 percent unti~ June 30, 1983 on account ef the
liability for prior service be~nefits.
(2) 8.268 percent on account of the liability for current
service benefits.
(3) 0.227 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) 2.895 percenSntil June 30, 1988 on account of the
liability fo~rior service benefits.
(2) 13.401 percen~n account of the liability for current
service benefi~_~.
c. A reasonable a?ount ~r annum, as fixed by. the Board to cover the
costs of administeri~said System as it affects the employees of
Public Agency, not in~u~ding the costs of special valuations or
of the Periodic inves~ation and valuations required by law.
d. A reasonable amount - -'as~xed by the Board, p~yable in one
install-
ment as the occasions a~:~e,'W' to cover the costs of special valua-
-- tions on account of empress of Public Agency, and costs of the
periodic investigation a~Ovaluations required by law.
Contributions required of Publ~Agency and its employees shall be
subject to adjustment by Board o~n 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.
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 contribu%ions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances, or
adjustments on account 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, hank drafts, ~ertlfie~ checks, money orders
or cash.
the day of
Witness our hands the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Sis amendment shall be attached to said contract and shall be effective on
,19__.
day of , 19 ·
CITY COUNCIL
OF THE
CIT~ OF GILROY
Carl J. Blechinger, Executive Officer
Approved as to form:
Cynthia G. Be~e~me~, Legal Office,
Date
P~residing O~icer
Attest:
O'
PERS CON-7~C~
0
Clerk