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Ordinance 1986-10ORDINANCE NO. 86 - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN A~ND~NT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC E~LOYEES' RETIREMENT 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 thereof 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 an 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 was published by title and summary in The Gilroy-~organ Hill Dispatch, a newspaper of general circulation, published and circula- ted in the City of Gilroy in accord with Section 607 of the Gilroy City Charter, and shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 4th day of August, 1986, by the fol- lowing vote: AYES: NOES: COUNCIL~ERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBERS: None ABSENT: COUNCIL~MBER: PAL~RLEE /" City Cle~rk ~~ ORDINANCE NO. 86 - 10 Exhibit A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF G!LROY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective July 1, 1968, and witnessed May 21, 1968, and as amended effective November 3, 1971, August 1, 1973, January 1, 1975, July 1, 1981 and July 1, 1982, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 1982, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein u~.les'~ otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1968 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. Be 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); be Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). e e Be e 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; AND PERSONS COMPENSATED ON AN HOURLY BASIS. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder.~ That p~rtion ~f th~ assets so transferred rEr~esen~ing tD accu~ulated contri~usions (plus interest thereof) 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 determined in accordance with Section 21251.13 of said Retirement Law with all-service~prior to Federal Social Security termination December 31, 1974, subject to the reduction provided by said section (2% at age 60 Full and Modified). The fraction of final compensation to be provided ~for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). ~le 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: Sections 21380 - 21387 (1959 Survivor Program) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). Section 21361.5 (Local System Service Credit), for local miscellaneous members only. Ce Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. Section 20862.8 (Unused Sick Leave Credit), for local fire members only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on July 1, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute t° said Retirement System as follows: 11. 12. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.094 percent until June 30, 2000 on account of the lia- bility for prior service benefits. (Subject to annual change.) (2) v.384 p~rcent ::ntil June 3C 2000 =n ac cunt of the lia- b'~lity for cu:.ent service oenefits. (Subject to annual change.) be With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 1.382 percent until June 30, 1988 on account of the lia- bility for prior service benefits. (Subject to annual change.) (2) 18.562 percent until June 30, 2000 on account of the lia- bility for current service benefits. (~ubject to annual change. ) Ce A reasonable amount, as fixed by the Board, payable in one in- stallment 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. de A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 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. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty ~ays after the end of the period to ~nich 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. This amendment shall be effective on the , 19 . BOARD OF ADMINISTRATI~ PUBLIC EMPLOYEES' RE~EMENT SYSTEM CITY COUNCIL OF THE CITY OF GILROY BY SIDNEY C. ~cCAUSLAND, EXECUT~.~OFFICER Approved as to form: Att~~. day of BY Presiding Legal Office, Date Clerk Date PERS-CON-702 (AMENDMENT) (Rev. 9/85) I, SUSANNE E. STEINFfETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 86-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of August , 19__86 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 5th day of August , 19 86 C.~zty~Clerk of ~'~~_~~~ the City of G 1 ~ (Seal)