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ORD 390ORDINANCE NO. 390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City Council of La Quinta and the Board of Administration of the California Public Employees' Retirement 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. SECTION 2. The Mayor of the City of La Quinta is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. This Ordinance shall take effect 30 days after its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Desert Sun, a newspaper of general circulation in the City of La Quinta and thence from and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4t' day of November, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 390 CaIPERS - 2.5% at 55 Adopted: October 21, 2003 Page 2 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. ATHE INE JENSO , City A orney City of La Quinta, California Ordinance No. 390 CaiPERS - 2.5% at 55 Adopted: October 21, 2003 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 390 which was introduced at a regular meeting on the 21 ' day of October, 2003 and was adopted at a regular meeting held on the 4t' day of November, 2003 not being less than 5 days after the date of introduction thereof. further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on November 7, 2003, pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California CaIPERS California Public Employees' Retirement System EXHIBIT A AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of LaQuinta 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 16, 1983, and witnessed November 1, 1983, and as amended effective November 12, 1988, November 2, 1990, January 18, 1991, November 1, 1991 and June 7, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective June 7, 2002, and hereby replaced by the following paragraphs numbered 1 through 12 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. 2. Public Agency . shall participate in the Public Employees' Retirement System from and after December 16, 1983 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 bg express provisions thereof, apply only on the election of a contracting agency. n;L ki �-MTSIGH "EXHIBIT ONLY", 3. 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). 4. 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. 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 the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. 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 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). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21573 (Third Level of 1959 Survivor Benefits). C. Section 20042 (One -Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20834, shall not be considered -an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contribution determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 10. 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 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. 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 covet - the costs of special valuations on account of employees of Public Agency, and costs of the periodic. investigation and valuations required by law. 11. 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. 12. 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 . BOARD OF ADMINISTRATION CITY COUNCIL' PUBLIC' EMPLOYEES RETIREMENT S1-STEM CITY OF LAQUINTA BY BY KENNETH W. MARZION, CHI PRESIDING OFFICqO ACTUARIAL &EMPLOYE VICES DIVISION �'� PUBLIC EMPLOYEES' EMENT SYSTEM Witness Da 8 Attest:,.., Clerk AMENDMENT ERS 1351 PERS-CON-702A (Rev. 8\02)