HomeMy WebLinkAbout856 - Ordinances ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF RANCHO CUCAMONGA
EXCLUDING FUTURE ELECTED OFFICIALS FROM CALPERS
MEMBERSHIP
SECTION 1: That 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 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 following page
for formal adoption,certification and signatures
PASSED, APPROVED, AND ADOPTED this 5th day of September 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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An. nnis ichael, Mayor
ATTEST:
ice C. Reyn ds, Cit Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 5th day of September 2012.
Executed this 6th day of September 2012, at Rancho Cucamonga, California.
Cit
J ice C. Reynolds, Cit Jerk rk
Ordinance No. 856— Page 2 of 7
Ca1PERS
California
Public Employees' Retirement System
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, December 2, 2002 and July 4, 2011 which provides for participation
of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective July 4, 2011, 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. 856— Page 3 of 7
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' Retirement 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 with 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 miscellaneous members).
Ordinance No. 856 — Page 4 of 7
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; AND
b. ELECTED OFFICIALS HIRED ON OR AFTER THE EFFECTIVE
DATE OF THIS AMENDMENT TO CONTRACT.
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 July 4, 2011 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 July
4, 2011 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 July 4,
2011.
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. 856— Page 5 of 7
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 July 4, 2011.
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 of prior and future service liability with
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. 856— 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 CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF RANCHO CUCAMONGA
BY BY frAiiLi`
KAREN DE FRANK, CHIEF PR'° I D "OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
qao-ia
• Witness Date
Attest:
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AMENDMENT CaIPERS ID 1t4095864907
PERS-CON-702A
Ordinance No. 856— Page 7 of 7