Ordinance 1613ORDINANCE NO. 1613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CUPERTINO AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS
~~ That an amendment to the contract between the City Council of the City of
Cupertino and the Board of Administration, California Public Employees' Retiremrnt
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
ec 'o
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.
This ordinance shall take effect 30 days after the date of its adoption, and prior to
the expiration of fifteen days from the passage thereof shall be published at least once in
the Cupertino Courier, a newspaper of general circulation, published and circulated in
the City of Cupertino and thenceforth and thereafter the same shall be in full force and
effect.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 16th day of xovember 1992, and ENACTED at a regular
meeting of the City Council of the City of Cupertino on the 7th day of
December , 1992 by the following vole:
• ORDINANCE NO. 1613
' y~g Members of the Cilj+ ouncil
AYES: Dean, Goldman. Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
_ _ _ G"~ti~ ~ 1 GIG ~ ~
-• Mayor, City of Cupertino
2
TEASE 00 NOT SIGN "E~(}~jg~ pNIY"'
COPY
AMENDh1ENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
C1CfY COUNCIL
OF THE
CITY OF CUPERTWO
The Board of Administration, Public Employees' Rettrement System, hereinafter referred to as Board,
and the governing body of abova public agency, hereinafter referred to as Public Agency, having entered
into a contras effective August t6, 1967, and witnessed July 10, 1967, and as amended effective lone
1, 1973, March 1, 1974, December 22, 1976, December 18, 1978, June 17, 1981, December 30, 1981
and September 19, 1991, which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs i through 13 are hereby stricken from said contras as executed effesive September
19, 1991, and hereby replaced by the following paragraphs numbered I through l3 inclusive:
1. All words and terms used herein which azo detinod in the Public Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
'Normal retirement age" shall mean age SS for local miscellaneous members and age 55
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after August 16, 1967 making its employees as hereinafter provided, members of said
System subJes to all provisions of the Public Employees' Retirement Law except such
as apply only on election of a contusing agency and arc not provided for herein and w
all amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the elesion of a contrasing agency.
3. Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as aze excluded by law or this
agrcement:
a. Local Fire Fighters (herein referred to as local safety memben);
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 closes of employees excluded from membership by said Retirement
Law, the following classes of employees shall trot become members of said Retirement
System:
' NO ADDITIONAL EXCLUSIONS
"fXAISdiA"
~°LEASE DG NOT SIvN '~~g~j ONIY"
5. After March 1, 1974 and pcior to January 1, 1975, those members who were hired by
Public Agency on a temporary and/or seasonal basis not to excecxi 6 months were
excluded from PERS membership by contract. Government Code Section 20336
supersedes this contract provision by providing that any such temporary andlor seasonal
employees are excluded from PERS membership subsequent to January 1, 1975.
6. The percentage of foot! compensation to bo provided for local miscellaneous members for
each year of credited prior and current service shall bo determined in accordance with
Section 21231.!32 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 been Included in Federal Social Security !?R at age SS Full and Modified).
7. 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
21252.1 of said Retirement Law subject to the reduction provided therein for Federal
Social Security (One-half pay at age SS Modified).
8. Public Agency elected to be subject to the following options! provisions:
a. Section 21222.1 (Special SR Increase - 1970) for local miscellaneous members
only. Legislation repealed said Section effective January i, 1980.
b. Section 20862.8 (Credit for Unused Sick Leave) for local miscellaneous members
only.
c. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution
Rate). From December l8, 1978 and until June l7, 1981, the normal local
miscellaneous member contribution rate shall be 3.50096. Legislation repealed
said Section effective September 29, 1980.
d. Section 20614, Statutes of 1980. (To Prospectively Revoke Section 20614,
Statutes of 1978), for local miscellaneous members only.
e. Section 20024.2 (One-Yeaz Final Compensation) for local miscellaneous
members only.
f. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976 for
local miscellaneous member only.
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on December 22, 1976.
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 Government Code Section 20759.
10. Public Agency shall contribute to said Retirement System the contributions determined
by actuazial valuations of pcior and future service liability with respect to local
miscellaneous and local safety members of said Retirement System.
6f~J'~~~~~~ iy9
i •
i 1. Public Agency shall also contribute 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 contras to cover the costs of administering acid System as it
affects the employees of Public Agency, not including the costs of special
valuatiotu or of the periodic investigation and valuations required by law.
b. A reasonable amount, as faced by the Board, payable in one instailmem as the
occasiotu 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.
12. Conuibutiom 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 daermined by the periodic
investigation and valuation required by said Retirement Law.
13. Conuibutiom required of Public Agency and its employees shall be paid by Public
Agency to the Rairement System within fiftcea days after the end of the period to which
said contributions «fer or as tnay be prescribed by Board regulation. If rtwre or less
than the corcex amount of contributions is paid for any period, proper adjustment shall
be made in connexion with subsequent remittances. Adjusunents on account of ercors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effexive on the
19_
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMEN~~YSTEM
~O
BY ,~
CHIEF, CONTRACTS VICES DMSION
PUBLIC EMPLOYE~~ETIREMENT SYSTEM
`C'.-~
~~
PERS-CON-702 (AMENDMENT)
(Rev. I/92)
day of
CITY COUNCIL
OF THE
CITY OF CUPERTINO .~
~v
BY .~O
Presiding Officer~t~
G~
5~
Witness Date
Aaeat: ~~
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