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HomeMy WebLinkAbout842 - OrdinancesORDINANCE NO. 842 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM. SECTION 1: That an amendment to the contract between the City Council of the City of Rancho Cucamonga and the Board of Administration, California Public Employee's 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 of the City of Rancho Cucamonga is hereby authorized, empowered and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 31 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least one time in the Daily Bulletin, a newspaper of general circulation, published and circulated in the City of Rancho Cucamonga and thenceforth and thereafter the same shall be in full force and effect. Please see the /ollowing page for formal adoption, cepcation and signatures PASSED, APPROVED, AND ADOPTED this 1S' day of June 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ~~ ,/ ,Q.. anice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4'h day of May 2011, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1s' day of June 2011. Executed this 2"d day of June 2011, at Rancho Cucamonga, California. anice C. Reynolds, ity Clerk Ordinance No. 842 -Page 2 of 7 .li~,,_ CaIPERS 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 Rancho Cucamonga 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 January 28, 1978, and witnessed January 26, 1978, and as amended effective September 22, 1980, November 16, 1981, September 26, 1988, April 5, 1996, November 2, 2000 and December 2, 2002 Lvhich provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective December 2, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978 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. Ordinance No. 842 -Page 3 of 7 ~ A!~r '.i i.~! 9 __ 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' Retiremerit 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 vrith 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. Employees other than local safety members (herein referred to as local misceordina~ce No. 842 rstage 4 of 7 rr 6 y- r n -.. ,..:~ , ~ ~ ... `~~~..v~_t :.'~L Li'... i''i'.. v..J...f _.. .. inv. ,_ ~ti.. 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. SAFETY EMPLOYEES. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2002 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 prior and current service as a local miscellaneous member in employment on or after December 2, 2002, and not 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 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. 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 21354 of said Retirement Law (2% at age 55 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation) for those local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. b. Section 21024 (Military Service Credit as Public Service). c. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members). d. Section 21427 (Improved Nonindustrial Disability Allowance). e. Section 21574 (Fourth Level of 1959 Survivor Benefits). f. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From September 22, 1980 and until November 16, 1981, the normal local miscellaneous member contribution rate shall be 0%. Legislation repealed said Section effective September 29. 1980. Ordinance No. 842 -Page 5 of 7 ;~, .~ ,i,., . g. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). h. Section 20475 (Different Level of Benefits). Section 21354 (2% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 10. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations o. prior aniu ~~~~~~ sen~~ce ~ia„~~~~y w;,~~ respect to local miscellaneous members of said Retirement System. 12. 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 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 miscellaneous 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. 13. 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. Ordinance No. 842 -Page 6 of 7 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 effective on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM `~. - . ,- ~ : t ,. ~•.~ l',i4r ,:,_ DARRI'L-1NATSON, CHIEF CUSTOMER ACCOUNT SERVICES DI~`ISIO~J PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 1172 PERS-CON-702A BY PRESIDING OFFICER ,_ ',, '~ - ,, _ - •`• '~~Witness Date Attest: Clerk Ordinance No. 842 -Page 7 of 7