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ORD 538UORDINANCE NO. 538U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR THE 2% @ 60 RETIREMENT BENEFIT FORMULA AND DECLARING THE URGENCY THEREOF. WHEREAS, on September 20, 2011, the City Council approved and directed staff to request a contract amendment with CalPERS to establish a Second Tier based on the 2 %@ 60 retirement benefit formula with the determination of final compensation, based on the average earnings of the three highest years; and, WHEREAS, on August 21, 2012, the City Council adopted Resolution No. 2012- 61, a Resolution of Intention to amend the City's contract with CaIPERS to establish the Second Tier; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF R AN6HO PALOS., VERDES HEREBY ORDAINS AS FOLLOWS: Section 1: An amendment to the contract between the City Council of the City of Rancho Palos Verdes and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto and marked as Exhibit "A ", and by such reference made a part hereof as though herein set out in full. Section 2: The Mayor of the City of Rancho Palos Verdes is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law. Section 4: Urgency Findings The City Council finds and determines that the immediate preservation of the public peace, hea:tth, and welfare requires that this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and take effect immediately upon adoption, It is in the City's interest that the Second Tier retirement benefit formula p p become effective immediately so that any new employees that are hired by the City shall be within the Second Tier, which will save the City monies with respect to the future retirement benefits that the City will be required to pay for those employees upon their retirement, assuming the employees are qualified to receive such benefits. Thus, if this Ordinance does not become effective immediately, but instead becomes effective thirty days after its second reading, ambiguity and confusion regarding the applicability of the City's Second Tier could result. Therefore, this Ordinance is necessary for the immediate preservation of the public peace and welfare and its urgency is hereby declared. 1491525v1 Ordinance No. 538U Page 1 of 2 Section 5: This Ordinance is an urgency ordinance and shall take effect immediately upon adoption. PASSED, APPROVED and ADOPTED the 2nd day of October 2012. i ATTEST: city clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 538U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 2, 2012 and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight and Misetich NOES: None ABSENT: None ABSTAIN: None City clerk 1491525v1 Ordinance No. 538U Page 2 of 2 9 r C a IA. X-JRS California 'r Public Employees' Retirement System 1''•s k•.e.,r NT N RA min C AM,NDME: TO CO Between the Board of Ad�nini strat ion Calif orn a public Employees' Retirement system and the City Council City :of Rancho Palos Verdes -------- - ---- - - - ---- - 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 December 1, 1974, and witnessed October 15, 1974, and as amended effective April 1, 1978, September 10, 1983, February 11, 1993, September 2, 2000, April 21, 2001 and September 29, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 29, 2007, 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 55 for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 50 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. Ordinance No. 538U Exhibit A Page 1 of 5 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1974 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. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and ` costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following:. (a) Public Agency's election to provide retirement benefits, provisions or formulas under this contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-- CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 355, of Title 11 , of the United States Bankruptcy code or any similar provision of law. (e) Public Agency's election to assign this contract without the prior written consent of the CalPERS' Board of Administration. (fl The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. Ordinance No. 538U Exhibit A Page 2of5 (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. 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. Employees other than local safety members (herein referred to as local miscellaneous members). 5. 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. ELECTED OFFICIALS; b. CROSSING GUARDS; C. WORD TRAINEES; d. ADMINISTRATIVE INTERN; AND e. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 29, 2097 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 29, 2997 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 59 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits). Ordinance No. 538U Exhibit A Page 3of5 b. Section 20903 (Two Years Additional Service Credit). C. Section 20042 (One -Year Final a Compensation) for local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. d. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 10. Public Agency, in accordance with Government code Section 20790, ceased to be an "employers' for purposes of Section 20.834 effective on September 15, 1983. 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. 11. Public Agency sha11 contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said: Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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. 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 experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. Ordinance No. 538U Exhibit A Page 4of5 1 4. 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 oard. V111 B. This amendment shall be effective on the da v of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY. KAREN DE FRANK 1::iN.I . EF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS ID #3846845523 PERS- CON -702A CITY COUNCIL CITY OF RANCHO PALOS VERDES PRESIDING OFFICER Witness Date Attest: SZJ2 X-±,- Clerk Ordinance No. 538U Exhibit A Page 5of5 1iRANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF POSTING The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on October 3, 2012, she caused to be posted the following document entitled: ORDINANCE NO. 538U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR THE 2% @ 60 RETIREMENT BENEFIT FORMULA AND DECLARING THE URGENCY THEREOF, a copy of which is attached hereto, in the following locations: City Hall 30940 Hawthorne Blvd. Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Ladera Linda Community Center 32201 Forrestal Drive Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. M\ City O '(erk MFORMSTorm 150 Archived Affidavits (old�Form 150- Affidavit of Posting Ordinance No. 538U.doc