Ordinance 1565 .-
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aiD]r~lt~.'B DU. 1565
AN ORDII~ OF '140; ,CITY ~fRiCII. CP 'I4~ CITY Q+' CIIPSRTII~
AU1fII2IZII~ AN A 70 ~ HERS+16$i ~
CITY OOfYiCII, CF ~ CITY Q+ AD0) ~ BOARD CF AaY@1I81itATICN
OF ~ CAi,II~iIA pOHLIC II~LC7(EES' RE'i'IRS~lTf SYS1iM.
~ CITY a7f8iCIL ~- ~ CITY Cd- CIJpERTIlA DOES CEtDAIN AS PCBZdAWS e
That an ant to the Contract between the City Oo~aicil of: the City
of Qipertino and the Hoard of ~iniRr.~+t,i,on, California public 40lployees'
Retiran~t Syetsn is hereby authorized, a copy of said amencln~t being
attached hereto, marked "Exhibit A", and by such reference made at part.
hereof as though herein set aut in full.
4l~e Mnyar of the City of Cupertino is har~eby authnrized,. e~owered,
and directed to execute said ~nendrtent for and an behalf of said Agency.
Rtsis O~inanoe shall raise effect thirty (30) days after the data of
its adoption, end priar to the expizatim of fifteen (15) days fray the
passage thaieof shall be published at least once in the
a newsp~apar of general cir~culetion published and circulated in the City of
Q~pertino and tl~enoeforth and therenft~ the same shall be in full famoe
and effect.
IIr~UCFD at a regular meeting of the City Council of the City of
Cl:pertino this 15th day of July , 1991, and PirQ1L.'I43D at a
regular meeting of the City Council of the City of (x~ertino this 20th
day of August , 1991, by the following vote:
y~ t4sobatw of rho City Council
AYES: Goldman, Rogers, Acting Mayor Sorensen
NOES: None
A&4PNf: Szabo, Koppel
AHSTAIIJ: None
ATIEST:~APP4i[1VBa:
City Clerk ~n, ,; „ ~-- ~ ,City of
""~""'""' (Acting)
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AMEND6IENT TO CONTRACT l
BETWEEN THE ~ .
BOARD OF ADMIIVISTRATION
OF THE i
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
. AND THE /a_
CITY COUNCIL Y~
of THE O,`
CITY OF CUPERTINO lf4
The Board of AdmWsaation, Public Employed' Retirement System, hereinafter referred to es Board,
and the governing body of above public agenry, hereinafter referred to as Public Agency, having entered
into a conaact effective August 16, 1967, and wimdsed July 10, 1967, and as amended effective June
1, 1973, March 1, 1974, December 22, 1976, December I8, 1978, June 17, 1981 and December 30,
1981, which provides for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through ! 1 are hereby atrickea from said contract as executed effective December
30, 1981, and hereby replaced by the following paragraphs numbered 1 Wrough 13 inclusive:
1. All woods and terms used herein which are defined in the Public Employees' Raitement
Law shall have the meaning as defined therein udess otherwise specifically provided.
"Normal rairement age' shall mean age SS for local atiacellaneous members sad age SS
for local safety members.
2. Public Agency shall participate in the Public Employees' Rairement System from and
efts August 16, 1967 mafchtg its employed d hereinafter provided, members of said
Syaum subject W ail provision of the Public Employed' Retirement Law except such
as apply only on election of a conaacting agency and are not provided for herein and to
all amendmeae to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Atblic Agency in the following classes shall become members of said
Ratiremant System except such in each such class as era excluded by law or this
a~xmeat:
a. Local Firo Fighters (herein referral to as local safety members);
b. Local Police Oftycas (herein referral w as local safety members);
c. Employees other thaw local safay members (herein referred to ~a` local
miscellaneous members).
"F)(NIBIiA"
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4. In addition to the classes of employees excluded from membership by N '~
said Retirement Law, the following classes of employees shall not ~yJB?
become members of said Retirement Sysem:
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- NO ADDITIONAL (EXCLUSIONS
S. After March 1, 1974 and prior to January 1, 1975, those members who were hired by
Public Agency on a temporary and/or seasonal basis not to exceed 6 months were
excluded from PF.RS membership by contract. Government Codo Section 20336
supersedes thLt contract provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January 1, 1975.
6. 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 21251.132 of said Retirement Law, subject to the reduction provided therein for
service prior to December 31, 1981, termination of Social Security, for members whose
service has bees included in Federal Social Security (296 at aye SS Fuil and Modified).
7. The percentage of final compensation to be provided for each year of credited prior and
current service u a local safety member shall be determined in accordance with Section
21252.1 of said Retirement Law subject to the reduction provided therein for Federal
Social Security (One-half pay u age 55 Modified).
8. Public A)iency elected to be subject to the following optional provisions:
a. Section 21222.1 (Special 596 Increase - 1970) for local miscellaneous members
only. Legislation repealed said Section effective January 1, 1980.
b. Section 20862.8 (Credit for Umtsed Sick heave) for local miscellaneous members
only.
c. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution
Rate).. From December 18, 1978 and lentil June 17, 1981. the normal local
miscdlaneous member contn'bution rate shall be 3.50096. Legislation repealed
said Sidon effective September 29, 1.980.
~d.- Saxbn 20614, Statues of 1980, (To Prospectively Revoke Section 20614,
Statutes of 1978), for local miscdlanwus memban only.
e. Section 20024.2 (One-Year F'mal Compensation) for local miscellaneous
members ody.
9. Public Ayenry, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effaxive on December 22, 1976.
Accumulated twntributiont of Public Ayeacy shall be feed and daermined as provided
in Government Code Section 20759, and accumulated conMbutioru thereafter shall be
held by the Board as provided in Government Code Section 20759.
10. 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 and local safety members of said Kairement System.
11. Public Agwcy shall also comribute to said Retirement System as follows:
a. 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 entployeea of Public Agency, not includinY 'the cosu of special
valuation or of the periodic investigation and valuations required by law.
b: A reasonable amount, as fixed by the Board, payable in one installment as the
occasion arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic invdtigation and valuations required
-.,......~ _____._.__ __. by law.
12. Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendments to the Publ[c 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.
13. Contributions required of Public Agency and its employers shalt be paid by Public
Agency to the Retirement System within ftfteen days after the end of the period to which
said contribution refs or as may be prescribed by Board regulation. If more or less
than the correct amount of contribution is paid for any period, proper adjustment shall
be made in connexion with subsequent remittances. Adjustments on account of errors
in contribution required of any employee may be made by direct payments baween the
employes and the Hoard.
B. This amendment shall be { the on tht
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BOARD OF ADMINISTRARE7~~~
PUBLIC EMPLOYEES' NT SYSTEM
~~v
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BY
CHIEF, C CT SERVICES DIVISION
PUBLIC YEES' RETIREMENT SYSTEM
Q
day of
CITY COUNCIL ~
OF THE v
CITY OF CUPERTIN~
BY
Presiding ~_
~VZ
Witness Dat~~
Attest: g
W
Clak4
PERS-CON-702 (AMENDMENT)