HomeMy WebLinkAbout529 •
ORDINANCE NO. 529
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN
COUNCIL OF THE TOWN OF LOS ALTOS HILLS AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
NOW,THEREFORE,the Town Council of the Town of Los Altos Hills does ordain as follows:
SECTION 1.
That an amendment to the contract between the Town Council of the Town of Los Altos Hills
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 Council is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of said Agency.
SECTION 3. SEVERABILITY
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word,
sentence, or paragraph of this chapter or the application thereof to any person, establishment, or
circumstance shall be held valid, such invalidity shall not affect the other provisions of this
Chapter.
SECTION 4.EFFECTIVE DATE
This ordinance shall be effective 30 days after the date of its adoption. Before the expiration of
15 days after the adoption of this ordinance, a summary hereof shall be published once, with the
name of the members of this Council voting for or against the same in a newspaper or general
circulation published in the Town of Los Altos Hills.
INTRODUCED: June 16,2011
PASSED: July 21,2011
AYES: Summit,Larsen,Mordo,Radford,Waldeck
NOES: None
ABSTENTIONS: None
ABSENT: None
Ordinance No.529 Page 1
BY:
Ginger S mit,Mayor
ATTEST: -
City Clerk-
APPROVED AS TO FORM:
City Attorney
Ordinance No.529 Page 2
CaIPERS EXHIBIT A
California
Public Employees' Retirement System
A M M MENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Town Council
Town of Los Altos Hills
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 July 1,
1967, and witnessed June 16, 1967, and as amended effective June 1, 1976, July 1,
1998 and January 1, 2006 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs I through 11 are hereby stricken from said contract'as executed
effective January 1, 2006, and hereby replaced by the following paragraphs
numbered 1 through 13 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 60 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.524 Page 3
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in. the Public Employees' Retirement
System from and after'July 1, 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.
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 365, 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.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
Ordinance No.529 Page 4
PLEASE DO NOT SIGN "EXHIBIT ONLY"
(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. SAFETY EMPLOYEES;
b. PERSONS COMPENSATED ON AN HOURLY BASIS; AND
C. ELECTIVE OFFICIALS.
6. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous member entering
membership in the miscellaneous classification on or prior to the effective
date of this amendment to contract shall be determined in accordance with
Section 21354 of said Retirement Law, subject to the reduction provided
therein for service prior to March 31, 1976, termination of Social Security,
for members whose service has been included in Federal Social Security
(2% at age 55 Full and Modified).
7. 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 60
Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
b. Section 21024 (Military Service Credit as Public Service).
Ordinance No.529 Page 5
PLEASE DD NOT SIGN "EXHIBIT ONLY"
C. Section 21574 (Fourth Level of 1959 Survivor Benefits).
d. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members
entering membership for the first time in the miscellaneous
classification after the effective date of this amendment to contract.
9. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided,in Govemment Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Govemment Code Section 20834.
10. 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 of said Retirement System.
11. 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.
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. .
Ordinance No.529 Page 6
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 qm account of
errors in contributions required of any employee may l° de by direct
payments between the employee and the Board. +�'�
B. This amendment shall be effective on the of ,
PUBLIC OMPLOYADMINISTRATION REMENT SY �OWN OFF LOSI
IALTOS HILLS
V511
BY BY
DARRYL WATSON, CHIEF PRESIDING OFFICER �'
CUSTOMER ACCOUNT SERVICES DIVISION ®6
PUBLIC EMPLOYEES` RETIREMENT SYSTEM'
06
ti
Witness Date CO\
Attest:
Clerk
AMENDMENT ER#690
PERS-CON-702A
Ordinance No.529 Page 7