Ordinance No. 1843ORDINANCE NO. 1843
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 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 mad on behalf of the City of Cupertino.
Section 3.
The City Clerk shall cause this ordinance to be 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 18th of January, 2000, and ENACTED at a regular meeting of the City Council
of the City of Cupertino the February 7, 2000, by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
APPROVED:
CALIFORNIA PUBLIC EMPLOYEES~ I~TIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709 ~
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the City Council
(governing body)
City of Cupertino, California
of the
adopted on January 18, 2000
(date)
Governing Body, Ordinance I.
(public agency)
, by an affirmative vote of a majority of the members of said
No. 1843 approving the
(Ordinance or Resolution)
attached contractual agreement between the Governing Body of said Agency and the Board of
Administration of the California Public Employees' Retirement System, a certified copy of said
Ordinance in the form furnished by said Board of Administration
(Ordinance or Resolution)
being attached hereto.
Date /zo/zooo
Clerk/Secretary
Title
PERS-CON-5 (Rev. 1/96)
Ca]PEPS
Exhibi~ I
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 and January
7, 1993 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
Ao
Paragraphs 1 through 13 are hereby stricken from said contract as executed effective
January 7, 1993, 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 20336 superseded this contract provision by providing that any such
temporary and/or seasonal employees are excluded from PERS membership
subsequent to January 1, 1975. Legislation repealed and replaced said Section
with Government Code Section 20305 effective July 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 as a local safety member 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
members only.
1980.
(Special 5% Increase-1970) for local miscellaneous
Legislation repealed said Section effective January 1,
Section 20965 (Credit for Unused Sick Leave) for local miscellaneous
members only.
10.
11.
Co
Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From December 18, 1978 and until June 17, 1981,
the normal local misce!laneous member contribution rate shall be
3.500%. Legislation repealed said Section effective September 29,
1980.
do
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.
f°
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 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.
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 employee and the
Board.
B. This amendment shall be effective on the
__ day of ,19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CUPERTINO
BY BY
KENNETH W. MAP, ZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PRESIDING OFFICER
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8t96)
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, Califomia, do hereby certify the attached
to be a tree and correct copy of Ordinance No. t/~9 ~7/3 , which
was enacted on ,~~ '7~ ~o*O-Z) , and that it has
been published or posted pursuant to law (G.C. 40806).
1N WITNESS WHEREOF, I have hereunto set my hand and seal this
,! -[ ~/h day of )fi_, ~ a~ ~. ,200_0.
KIMBERLY SMITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance ee~ifieat*