Ordinance No. 1846ORDINANCE NO. 1846
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 REGARDING PUBLIC SERVICE CREDIT
FOR PEACE CORPS OR AMERICA CORPS:VISTA SERVICE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS
AS FOLLOWS:
Section 1.
That an amendment to the contract between the City Council of the City of
Cupertino and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto, marked
Exhibit I, and by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Cupertino is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of the City of Cupertino.
Section 3.
The City Clerk shall cause this ordinance tobe published at least once in a
newspaper of general circulation in the City of Cupertino within 15 days after its
adoption, in accordance with Government Code Section 36933, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of this
City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 17th of April, 2000 and ENACTED at a regular meeting of the City Council of the
City of Cupertino on May 1, 2000 by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATI'EST:
City Clerk
APPROVED:
CalPERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Cupertino
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 August
16, 1967, and witnessed July 10, 1967, and as amended effective June 1, 1973, March
1, 1974, December 22, 1976, December 18, 1978, June 17, 1981, December 30, 1981,
September 19, 1991, January 7, 1993 and March 9, 2000 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective March 9, 2000, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
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 and age 55 for local safety
members.
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 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.
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);
Employees other than local safety members (herein referred to as
local miscellaneous members).
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:
NO ADDITIONAL EXCLUSIONS
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 PERS membership by contract.
Government Code Section 20305 supersedes this contract provision by
providing that any such temporary and/or seasonal employees are
excluded from PERS membership subsequent to January 1, 1975.
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 21354 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 (2% at age 55 Full
and Modified).
The percentage of final compensation to be provided for each year of
credited prior and current service for local safety members who elected to
continue under the provisions of Section 21366 shall be determined in
accordance with Section 21366 of said Retirement Law subject to the
reduction provided therein for Federal Social Security (One-half pay at age
55 Modified).
Public Agency elected and elects to be subject to the following optional
provisions:
Section 21222.1 (Special 5% Increase-1970). Legislation repealed
said Section effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave).
10.
Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From December 18, 1978 and until June 17,
1981, the normal local miscellaneous member contribution rate
shall be 3.500%. Legislation repealed said Section effective
September 29, 1980.
Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978), for local miscellaneous members only.
Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 for local miscellaneous members only.
Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members.
Section 21023.5 (Public Service Credit for Peace Corps or America
Corps: VISTA Service) for local miscellaneous members only.
Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 22, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
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.
11. Public Agency shall also contribute to said Retirement System as follows:
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 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.
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.
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.
12.
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.
13.
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 em ployee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CUPERTINO
BY BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PRESIDING OFFICER
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a mae and correct copy of Ordinance No.----//~ ~f~ , which
was enacted on ~)/~//~f'f f9 ~ (~ tYf-2 , and that it ha~,
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
7 v,4c day of /02 a44. ,200_6.
d
KIMBERLY SMI~r~,City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate