HomeMy WebLinkAboutAgenda Report - July 9, 1993CITY OF LODI
AGENDA TITLE:
COUNCIL COMMUNICATION
f
Adoption of an Ordinance entitled "An Ordinance of the C?t�
Council of the City of Lodi Repealing Ordinance No. 1576 and
Reenacting an Amendment to the Contract Between the City
Council of the City of Lodi and the Board of Administration
of the California Public Employees' Retirement System".
MEETING DATE: July 7; 1993
PREPARED BY: City Attorney
RECOMMENDED ACTION: Final adoption of Ordinance No. 1542.
BACKGROUND INFORMATION: At the June 24, 1993 adjourned meeting of the City
Council, the Council repealed Ordinance No. 1576 and
introduced this ordinance to implement the "golden
handshake" provisions for two additional years
retirement service credit. This was made necessary by the California 'ublic
Employees Retirement System (PERS) opinion that there had been a procedural error
in the initial adoption of Ordinance No. 1576.
This ordinance will become effective immediately, and will implement the extended
retirement credit without disruption of previously -made commitments by employees
availing themselves of this provision.
FUNDING: General Fund Operating Reserves
Respectfully submitted,
W.letvt(
Bob McNatt
City Attorney
BM/vc
APPROVED.
THOMAS A. PETERSON
City tvisrager
PERSCC/TXTA.01V
111,
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ORDINANCE NO. 1582
_________=====came
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING ORDINANCE NO. 1576 AND REENACTING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY ('F LODI AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
m=========______========:==========c=====____=====c====================
THE CITY COUN%:IL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
SECTION 1. That Ordinance 1576 is repealed in its entirety.
SECTION 2. That this ordinance authorizes an amendment to the contract
between the City Council of the City of Lodi and the Board of
Administration, California Public Employees' Retirement System, 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 3. The Mayor of the City of Lodi is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of
said Agency.
SECTION 4. This ordinance shall take effect immediately upon its final
adoption, pursuant to Governmer.;. Code Sections 36937(e) and Government
Code Section 20460, providing that such ordinance shall become
effective "not less than 20 days after the adoption of the Resolution
of Intention". Said Resolution of Intention was ..dopte:i May 15, 1993.
This ordinance shall be published at least once in the Lodi News
Sentinel, a newspaper of general circulation published and circulated
in the City of Lodi and shall thenceforth and thereafter be in full
force and effect.
ORD1582/TXTA.023 -1
Attest:
4V)&i
JEt IFER MPJ PERRIN
City Cler
Approved this 7th day of July 1993
PHILLIP A. PENNINO
Mayor
_QA,l.(.'7
U2,========================================
Ctate of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1582 was introduced at an adjourned regular
meeting of the City Council of the City of Lodi held June 23, 1993 and
was thereafter passed, adopted and ordered to print at a regular
meeting of saic+ Council held July 7, 1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock,
Snider, and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1582 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
4 (Ai t/ • / L/Q1✓
BOBBY W. McNATT
City Attorney
NNIFER t4. PERRIN
"City Clerk
ORD1582/TXTA.02J -2-
AMENDMENT TO CONTRACT
BETWEEN TIIE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND TILE
CITY COUNCIL
OF THE
CITY OF LODI
The Board of Administration, Public Employees' Retirement System. hereinafter referred to as Board, and
the governing body of above public agency, hereinafter referred to as Public Agency, having entered into
a contract effective June 1, 1966, and witnessed April 27, 1966, and as amended effective July 6. 1966,
May 1, 1970, July 1, 1973, July 1. 1977 and April 1, 1991, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective April 1, 1991,
and hereby replaced by the following paragraphs numbered 1 through 14 inclusive:
1. A1I 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 60 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement System from and after
June 1, 1966 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
el'.tion 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.
3. 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);
c. Employees other than local safety members (herein referred to as local miscellaneous
members).
4. 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 WHO
ARE IIIRED JUNE I, 1966 OR THEREAFTER; AND
b. ELECTIVE OFFICIALS.
5. 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.
6. Benefits paid to pensioners and annuitants under the local system on the effective date of the
contract were recalculated, as authorized by Section 20520 of the Government Code. to
conform with benefits applicable to persons retiring after the effective date of the contract
except that no benefit which would have been payable under the continuation of the local
system shall be reduced.
7. The percentage of final compensation to be provided for local miscellaneous members for each
year of credited prior and current service shall be determined in accordance with Section
21251.13 of said Retirement Law, subject to the reduction provided therein for service prior
to June 30, 1977, termination of Social Security, for members whose service has been included
in Federal Social Security (2% at age 60 Full and Modified).
8. The percentage 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).
9. Public Agency elected to be subject to the following optional provisions:
a. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
c. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance) for local
miscellaneous members only.
d. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level
of 1959 Survivor Benefits) for local safety members.
e. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased
1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits)
for local miscellaneous members.
f. Section 21298 (Improved Non -Industrial Disability Allowance) for local miscellaneous
members only.
g-
Sect- a 20024.2 (One -Year Final Compensation) for local fire members only.
h. Section 20818 (Two Years Additional Service Credit) for local miscellaneous members
and local fire members only.
10. Public Agency, in accordance with Government Code Section 2074.0, ceased to be an
"employer" for purposes of Section 20759 effective on July 1, 1977. Accumulated
contributions of Public Agency shall he 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.
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 and local safety members of said Retirement -System.
B.
12. Public Agency shall also contriou. c co said Retirement System as follows:
a. Public Agency shall contribute S2.50 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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 alt local miscellaneous members and local safety
members.
b. A reasonable amount. as fixed by the Board, payable in one installment within F) days
of date of contract to cover the costs of adm:aistering 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.
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.
This amendment shall be effective on
Jul , 19 93..
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
the
7th
CITY COUNCIL
OF THE
CITY OF LODI
day of
Presiding Officer
Phillip A. Pennino
Mayor
.Tule q. 1941
Witness Date
Attest:
Cler
Jennifer M. Perrin
City Clerk
CITY COUNCIL
PHILLIP A PENNINO. Mayor
PACK A SIEGLOCK
Mayor Pro Tempore
RAY G DAVENPORT
STEPHEN 1 MANN
JOHN R (Randy) SNIDER
June 9, 1993
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
P 0 BOx loll,
LODI. CAL f . 95241 1910
Cynthia L. Wiegman
Public Employees' Retirement System
Contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
Dear Ms. Wiegman:
563.1
11 6795
TLIOMAS A PETERSON
City Manager
JENNIFER M PERRIN
City Clerk
POR McNATT
City Attorney
Enclosed are originals of all of the required documents to amend the City of Lodi's contract to
provide Section 20818 (Two -Years Additional Service Credit) for local miscellaneous members
and local fire safety members. As discussed, the City has taken the necessary action and will
ammend our window period to July 8, 1993 through October 5, 1993.
Please let me know if there is any additional documentation or information you require from the
City of Lodi. i can be reached at (209) 333-6704.
Thank you for all of your assistance in this matter.
Sincerely, l }
�1 •
/ U' t
J nne M. Narloch
Personnel Director
Enclosures
PUBLIC EMPLOYEES' R1 ZEMENT SYSTEM
Contract Services Division
Public Agency Contract Services
P. O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
(916) 326-3240 (TDD)
I hereby certify that the
City of Lodi
July 7, 1993
(date)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
City Council
(governing body)
of the
adopted on
(public agency)
, by an affirmative vote of a majority of the members of said Governing Body,
Ordinance No. 1582 approving the attached contractual agreement between
(Ordinance/Resolution)
the Governing Body ,f said Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance in the form furnished by said
(Ordinance or Resolution)
Board of Administration being attached hereto.
Date July 9, 1993
PERS-CON-5
C0614 (Rev. 12/92)
CIer Secreta*}l
City Clerk
Title
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF LODI
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and
the governing body of above public agency, hereinafter referred to as Public Agency, having entered into
a contract effective June 1, 1966, and witnessed April 27, 1966, and as amended effective July 6, 1966.
May 1, 1970, ;uly 1, 1973, July 1, 1977 and April 1, 1991, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective April 1, 1991,
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 60 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Em; Ioyees' Retirement System from and after
June 1, 1966 making its employees as hereinafter provided, members of said S)..tem subject
to all provisions of the Public Etaployees' 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.
3. 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);
c. Employees other than local safety members (herein referred to as local miscellaneous
members).
4. In addition to the lasses 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 WHO
ARE HIRED JUNE 1, 1966 OR THEREAFTER; AND
b. ELECTIVE OFFICIALS.
5. Assets heretofore accumulated with respect to members in the local retirement system
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 .Nystem.
6. Benefits paid to pensioners and annuitants under the local system or. the effective date of the
contract were recalculated, as authorized by Section 20520 of the Government Code, to
conform with benefits applicable to persons retiring after the effective date of the contract
except that no benefit which would have peen payable under the continuation of the local
system shall be reduced.
7. The percentage of final compensation to be provided for local miscellaneous members for each
year of credited prior and current service shall be determined in accordance with Section
21251.13 of said Retirement Law, subject to the reduction provided therein for service prior
to June 30, 1977, termination of Social Security, for members whose service has been included
in Federal Social Security (2% at age 60 Full and Modified).
8. The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shalt be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
9. Public Agency elected to be subject co the following optional provisions:
a. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1. 1980.
c. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance) for local
miscellaneous members only.
d. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level
of 1959 Survivor Benefits) for local safety members.
e. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased
1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits)
for local miscellaneous members.
f. Section 21298 (Improved Non -Industrial Disability Allowance) for local miscellaneous
members only.
g. Section 20024.2 (One -Year Final Compensation) for local fire members only.
h. Section 20818 (Two Years Additional Service Credit) for local miscellaneous members
and local fire members only.
10. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on July 1, 1977. 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 Governmaut Code Section 20759.
11. Public Agency shall contribute to said Retirement Sy;tem 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.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Public Agency shall contril.ute S2.50 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 of said
Retirement Law. (Subject to annual change.) In addition, ah assets ari 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 and local safety
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 experit .ce 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 effective on the
July ,19 93.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF. CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
7th
CITY COUNCIL
OF THE
CITY OF LODI
BY
day of
Presiding Officer
Phillip A. Penntho
Mayor
July 9. 1991
Witness Date
Attest:
CIer4GT -
Jennifer M. Perrin
City Clerk