Ordinance No. 99346
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CYPRESS
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1: That an amendment to the contract between the City Council of the City of
Cypress and the Board of Administration, California Public Employees' Retirement System
is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and
by such reference made a part hereof as though herein set out in full.
SECTION 2: The Mayor of the City Council of the City of Cypress is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 3: This Ordinance shall take effect 30 days after the date of its adoption, and
prior to the expiration of 15 days from the passage thereof shall be posted for 15 days in
three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on the 9th day of
August, 1999 and finally adopted and order posted at a regular meeting held on the
13th day of September , 1999.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
(AA
k
CITY LERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City Council
held on the 13th day of September , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY LERK OF THE CITY OF CYPRESS
4.7
t m.
CalPERS
California
Public Employees' Retirement System
*-
AMENDMENT TO CONTRAC
EXHIBIT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Cypress
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 May 1, 1964, and witnessed
March 9, 1964, and as amended effective January 28, 1974, December 24, 1979, May 11,
1981, August 16, 1982, November 25, 1982, January 2, 1984, August 24, 1987, May 30,
1988 and January 1, 1989 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
January 1, 1989, 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; age 55 for local fire members and age 50 for local
police members.
2. Public Agency shall participate in the Public Employees' Retirement System
from and after May 1, 1964 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.
48
PLEASE DO NOT SIGN °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. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. 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. CROSSING GUARDS; ADMINISTRATIVE INTERNS; MAINTENANCE
AIDES; POLICE AIDES (TRAFFIC CONTROL); CROSSING GUARD
COORDINATORS; AND ENGINEERING INTERNS HIRED ON OR
AFTER NOVEMBER 25, 1982.
5. 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, 1973, termination
of Social Security, for members whose service has been included in Federal
Social Security (2% at age 55 Full and Modified).
6. The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in
accordance with Section 21369 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 police member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Fall).
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 20042 (One -Year Final Compensation) for local police members
and for local miscellaneous members in the Cypress Public Safety
Employees' Association and Cypress Employees' Association and
miscellaneous middle- management and top- management employees.
49
PLEASE DO NOT SIGN 'EXHIBIT ONLY"
c. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
9. Public Agency, in accordance with Government Code Section 20790, ceased to
be an "employer" for purposes of Section 20834 effective on August 16, 1982.
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.
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 and local safety 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 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
and local police 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.
50
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
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT S`
AIC•'�
BY
KENNETH W. MARZION, CHI
ACTUARIAL & EMPLOYER
PUBLIC EMPLOYEES' R
AMENDMENT
PERS - CON -702A (Rev. 8\96)
day of , 19
CITY COUNCIL
M CITY OF CYPRESS
PRESIDING OFFICER �
DIVISION VICES cP,
MENT SYSTEM
BY
Witness Dai;
Attest:
Clerk
t