Ordinance No. 07-2004
ORDINANCE NO. 07-2004
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CUPERTINO CITY
COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM."
THE CUPERTINO CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1.
That an amendment to the contract between the Cupertino City Council and Board of
Administration, 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 Cupertino City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
Section 3.
This ordinance shall take effect and be in force thirty (30) days after its passage.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation, published and circulated in the City within 15 days after its adoption, in accordance
with Government Code Section 36933, and shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be filed in
the City Clerk's office.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 5th
day of June 2007 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 19th day of June 2007, by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
Wang, K wok, Lowenthal, Sandoval
None
Mahoney
None
ATTEST:
. c3nd1~
Cit~
A,
CalPERS
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, January 7,1993, March 9,2000, June 2,2000, February 16, 2001
and November 18, 2002 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective November 18, 2002, 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 and age 55 for local safety
members.
2. 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.
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:
NO ADDITIONAL EXCLUSIONS
5. 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 20305 supersedes this contract provision by
providing that any such temporary and/or seasonal employees are
excluded from PERS membership subsequent to January 1, 1975.
6. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members 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, subject to the reduction provided therein
for service on and after December 31, 1981, the effective date of Social
Security coverage, 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 prior and current service for local miscellaneous members in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.5 of said
Retirement Law, subject to the reduction provided therein for service on
and after December 31, 1981, the effective date of Social Security
coverage, for members whose service has been included in Federal
Social Security (2.7% at age 55 Full and Modified).
8. 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).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave) for local
miscellaneous members only.
c. Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From December 18, 1978 and until June 17,
1981, the normal local miscellaneous member contribution rate
shall be 3.500%. Legislation repealed said Section effective
September 29, 1980.
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978) for local miscellaneous members only.
e. Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service) for local
miscellaneous members only.
g. Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service) for local miscellaneous
members only.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members only.
Section 21583 (Additional Opportunity to Elect 1959 Survivor
Benefits) for local miscellaneous members only.
10. 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.
11. 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.
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.
. . .. ..;
. .
i
14. 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.
. . .J.
This amendment shall be effective on the .2:).- day of ~-tt~.QY ,:t001 .
B.
BOARD OF ADMINISTRATION. CITY COUNCIL
. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CUPERTIN
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Attest:
~~
Clerk '
AMENDMENT ER# 0691
PERS-CON-702A(Rev.10\05)