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Ordinance 2002-09ORDINANCE NO. 2002-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF G1LROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' 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 of the 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 is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3: All ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect 30 days after the date of its adoption, and prior to the passage thereof shall be published at least once in the Gikoy Dispatch, a newspaper of general circulation, published and circulated in the City of Gilroy and thenceforth and therea~er the same shall be in full force and effect. Section 4: If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. ORDINANCE NO. 2002-9 -1- PASSED AND ADOPTED this 13th day of June, 2002 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, SPRINGER COUNCILMEMBERS: NONE COUNC1LMEMBERS: NONE ATTEST,: Rhonda Pellin, City Clerk APPROVED: Thomas W. Spring~ ,~ ORDINANCE NO. 2002-9 -2- CalPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Gilroy 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, 1968, and witnessed May 21, 1968, and as amended effective November 3, 1971, August 1, 1973, January 1, 1975, July 1, 1981, July 1, 1982, January 1, 1987, June 2, 1988, June 1, 1990, May 1, 1991, November 19, 1992, June 24, 1993, February 3, 1994, August 17, 1994, August 17, 1995, December 1, 1996 and May 6, 1999 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs I through 13 are hereby stricken from said contract as executed effective May 6, 1999, and hereby replaced by the following paragraphs numbered I through 14 inclusive: 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 and age 50 for local safety members. Public Agency shall padicipate 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. 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); 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: a. 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 portion of the assets so transferred which represent the accumulated contributions (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 percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1974, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 10. PLEASE DO NOT SIGN "EXHIBIT ONLY" 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 (2% at age 50 Full). 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 accordahce with Section 21362.2 of said Retirement Law (3% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members' only. Section 21536 (Local System Service Credit Included in Basic Death Benefit). c. Section 21222.1 (Special 5% Increase 1970). Legislation repealed said Section effective January 1, 1980. d. Section 20965 (Credit for Unused Sick Leave). e. Section 20042 (One-Year Final Compensation). Section 20903 (Two Years Additional Service Credit), Statutes of 1979. Legislation repealed said Section effective January 1, 1999. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. Section 20431 ("Local Police Officer" shall include city jail, detention or correctional facility employees as described in Government Code Section 20431). Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 1, 1981. 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. 11. 12. 13. PLEASE DO NOT SIGN "EXHiBiT ONLY" 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. Public Agency shall also contribute to said Retirement System as follows: 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 singte account, based on term insurance rates, for survivors of all local miscellaneous members. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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 safety members. 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. 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. 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. 14. 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 effect~on the day of BOARD OF ADMINISTRATION ,/,,,"'~ CITY COUNCIL PUBLIC EMPLOYEES' RETIRE~T SYSTEM CITY OF GILROY BY ~ BY KENNETH W. MARZIONc=~J~-IIEF PRESIDING ACTUARIAL & EMPLO,X~_I~ SERVICES DIVISION PUBLIC EMPLOYEE-~ETIREMENT SYSTEM ~'-.= ~<<~'ttest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 13th day of June, 2002, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of June, 2002. City Clerk of the City of Gilroy (Seal)