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Ordinance 368
{~P1~Ci: Aii~ . ~6 c~~ ~~~ ~~ cx~r ~tr~z~; o~~ cz~ o~ e~rn~~a~a ~arr~uattzx~ !! CC~f~RAC i ~~'1'b~ T'~lE Cl'~t'7C Fes' C~,a'!$~t'~`~d ~3.ID '.i'~ ,Ttil~ fly" A,'~"IIT~,~"1'RAw TTUH U~ T~ CAI.IFO~Y.A SSA ~I~$~' ~t~!",L~'~' flX~t. .~._.~.w.....,.P.,....... .~._..,.r.........,._.. THE CI'd`Y CtJCdliG2L fly' ~'SE CI'!'y flP CUP~I'TI+~O flC3E6 4A'DA~l~ .R~ lrC1X,'Lt)it3: 3~~A. Tbat a Coatxa~E brt~rea~a ~e Cifc~- Covascil. of tha CitT ai' Cupertino and the ~ar-rtil of J~tLainietratioa. Califa~ia 3~cata IS~aaployaeto' Eetiremrrt Sya::~as is 'hercbn- autl~or'iacaed, a roily of sail' Car.tracL being attarhrd hereto, marked "B,abibi~t. it", ata~ by each Tc~xRrenc:: cas.de a part riereo~' as ~,ovgh herein aet ~.t in frall. Ste'-T4~ ~. 'I'tae Mayor and Cit2- Cltr~C of tha City of Cti:pertiao are Y:ereny author: zed, empo+rerad, ate! directed to execute er~td Contr~tt. for azid cax: *~ehalf of thr City of Cupertia:o. SbC"TIi?!~ ~. ''!'hie Crdinaract shall take effect ;~ dr~V.~ after the dgte of its ad~:ptirsra, anci prior to the rrviration ref 15 ds,}~s Pram the U&s~:a~,re th~z-eof shall be published at least once :n the Cupertino Couxizx•, a i~ews~ Fsper of general. ^..ixculatioa, ~SUblishtd an8 circulated ita the City of C~aI+F-rtin~ and t.he~.cef~~.rL't, ar:d thereafter the samz shall be i.n full force card ~rr~~t. Intro~i~,~ced at as r~d,~ournrd meetf.ng of the City Council of the City of Cupertino nn the 2 t,h day a! ~un~. 1967„ passed ar-d adopted at a r~guiar ~aeting of t.he~ City Cc.uacil of th+~ City o.f Cupertino on the ~1t.h day of Ju`s ~~~, 196T, Uy thr fazloving vote: AYES: Counci.l.mer,~ Lempster, .?uhrisar,, hat~I, atc.~kes, FiLzg~rald hUE:~: Counci :men: 'gone .. ARSF.:v`:': Caunr._iln.t~zz: :=~na ii' P'R C1'7 EU btnyor,,' City p~' Cuisertiz~o ~` T:XHIBIT A - It1=°~1~r2'J"I'IOAi 1443 C©N i It,1 GT IiETDti'1E!ti 7'H€; BGARD Ai' kDMi'Ni5'I'R.ATIAN STATE EMPLaYL•ES' RETIREMEI+17 aYSI'EM AND THE CITY CAURtC I L OF 7'HE CIxY OF C'llPi:FTINO 1n conside.ration of ;:hie covenant:, and agreewent h~ereaftex• contained anti on the part of ~aGth parties to be kept and perfor,ned th+c CITY COUNCIL crf the CITY ('F Ci1PEkTINO, hereafter referred to as "Pub;ic Agency" rand the Iloard of .Administr~~tion, 5t.ate Employees' Retirc~men.t System, hereafter rete:~red to as "board" hereby agree as 1'01; ows 1 • All words anti terrr,s used herein w}~ich are defin~:d in the State Employees' Retirement Law shall hauG the meaning as defined the:cein unless ~atherwise ~,get:ifi- ca1ly provicir*ci. "T~o-rrnal retirement age" shall n;ea~i age 60 fur ;miscellaneous members and age 55 tar 1c~•.til safety mF~mbers . 1. F`ublic :',gency shall. ~+a-rticipate in the State Frtpio}~e.~:' Retirement System from and after Jules _ 1~+~_1 , making its err~pl~~yeLS as hereinafter ^provlde~" incmbe.r:~~~)r ,aid System subject to all pru~~isions of the State I:mplayees' Retirement Law exc:spt. such as .~0ply anly on election t~f a contracting agEncy and are mat pravide~~ for herein and to all amendments to said. Law hereafter enacted exeep* .uch as by eapres< I~rovisir~n thereof apply uni~• on the election cif cont.x•actiail agencies. 3. Fmploye~s of Publi~_ Agency :in the fa1l.c.win,g clssses :shall become r~wmbr r~s of said ketr^ment System exce~:~t r,uch i~~ each ~~uch ~~lass as aT'e :*xcluc,~d key Iaw or t.-i.s ;greernE~~it a. Lr~~.al firemen (herein referred to as 1oca1 safety r~iembers) ; b. Locai police net, (herein referred to as lanai safety members); c. F:;,~pl~~y~ces other than local safety mc~~hers (herein r;: fa; red to ar~ miscellaneous m~~~~nbers) . 4. 7'ha fraction of final ccmpensaziar, ?^ be provided ~:or each year c-!' Grtdztea.~l s~:rvi.ce as a ma.sce 1 }an4o~.s cyemb~:r upon retire~caent at ncsz"m,xl retirement agar shall b~- 1/8(! and shs21 b-e applied as pLrovi~3ed in Section 2A151.1 of said. Retirement La~,~ ar,d reduced to 1/~~~ far mam~e:-s covet:wd undc~•r Fe~•'atral Social Security xr, act:ar~dance with aec.t a~:-n 21251.1.4 of said R~tirereent Lava. S , Tha f=raction of final cnani.~4:•nsas, iot9 t:o be prc~v:ide~3 for each ytaY~ of credited service as s lcacal safety member shall be dtte:r~,ined in ac~ardance with Sectioa~ 2a 252.4 and shall be ;edz~~ccd for me>aFa+xrs coveree's under F+ede>"~-1 S~ocis~l, Security in accordance with Section 21:.'52.. AS of .aid R~eti.rement Law. b. Benr:fits on accou,rat of prior service sh~xll be li~Ok of rhos' frar:tien of final caanpen;ntic.~n spet.ifae~l for miscellaneous ~teaxbers in Paragra~.ph 4 above. but computed in accordance with Sectio-7 21253 a£ said Retireme~~,t Law, a,•ad uor local safety me,ubers shall be 100$ of trre fraction established in accordance wish Para,grap?i S; provided, however, as to both miscellanea~:s and '.acal safety members that: said frF~ction shall be reduced by one-thi~c•d fur application to the first ~A00.00 per month of final compr:•rasatioxl of any membex whose position is covered by Federal 5oeial Security for all prior ser~~ice of such member, whether or not the servir.r;: i5 included in Feder;~1 Social Security. 7. 7~he retirement bener""its payable t.apaaa xet.ireme,nt for ordinary disability shall net be affected by the modif:ic:ation provided in Paragraph 4 of this contract except that fc~r the purposes of the Iimit on ai,ft such allowance imposed under Section Z1Za?7, Gaver?~rnent Cade, allowances fox retirement for service shall be cc.~mputed acs urding to the modified formula. set otit in Paragra~,h 4 of the contract. Ali. other provisions of this contract shall be fully <app)icable to the camputati~n of allot~•ances upon retirement for disability. ft. ~~ntributians for n-iscellaneaus and local safety members small be subject to Sections ZU601.5 and 20612 of said Rat rernent Law ~c-c~specz i.vely, s~-~i d ~ ec t i ens providing for .:~ r~~d.;.~c.tic~ry in r;-t.p~t of cc~nt.xil~ukion as such rates relate ,c ~:he f~i*St ~~00.00 ~~# nor,rtily compensatic,» and IOQ$ of ~~ucl~i rates ar +_hcy apply to ~;~f~ remainder o3' the monthly r.arnpensatian, btembers whose pnsiti ors are a.xcluded from 5~~~.zal SecUTlty coverage shall contribute i.n accordance with 5eczio*:5 ZOhOI and ZOG07.5 of said Retirement Law. ~, 'The fallowing additional provisions of t'.te 5t ate Employees' Retirement t.aw which apply only t,pc~ri election of a contrw~ct- ing agency shad:t apply to ~t~he Public ,'agency and its employees: a. Sac.3ian 20024.01 (defir;ing "final compensation" on the basis of three cons~~cut ire years) . Ret. Foam, 128-2 b. ~cctivn %I25f~(bj (provid~.tig a mrrt~rn~.~ru retirement a110wgnc+~ of S72c~.o0 pei yeF~r undex• certain ccanditYOns) . ~. Section 21367.51 (pray°Ading a ~40t).tJO da~dLh hene~fzt upon death after retirement} , d, 5ecti.on 20+025 (providing for inclusYOn of cc~mpezisaticrn withuut limit in computations where compensation is a factor}. e. Scc,tion 21365.5 (proviaiaag a monthly allowance an lieu of the basic aeat~: benefit for certain survivors of a me~aber who dies in employmezrt after qua:ifying for voluartary service retirementl. ti 10. Public Agency stroll contribute to said Retirement System .as follows: a. With respect to misCellraileoUS members, with city shall contribute the following percentages of monthly sal;.ries earned xs miscellaneous members to sari ~ystpm: (1} 1.685 percent until June 3G, ly8? on acca~.+nt .~l~ t-Tie'lxability {ar prior service benefits. (2) q.484 __ percent an account of the liability for c:~lrrent service benefits. b. A reasonable amount per ann;-m, as fixed by Board to cover the costs of administering said 5ystr,m as it affects the employees of Public Agency, not including the costs or s;aecial va'uations or the periodical investigations a.nd valuation required by law, provided that said amount shall be determine?d on the basis of the number of employees of Public Agency who are reported as members on a payroll ,ie5ignated by the system covF:ng one month af. each year, cr with respect to the first ~~ear of participation, an the et~fs•c:tine mate of said part.c~patirn. c. A rr-:rsor:ah]e amount as fixed by ?he Hcaard, F`~,•:'.1'.'e i:: one insta]]me~nt as the occ:asior,s ari:~e, to cover ousts of specia] ~~aluat ior;s on account of em]: loyees of Pub? is Agency, and costs of the periodical investigation and valuation required by law, 11. :.ontributions required of Public A.;;ency and its employees shall be subject to adjus~er~ent by "Board on accu-~nt cif ~~mend- ments to thy. State Employees' Ret'~rer,~4nt L~rw, and an account of the exp~ri~~nce under the Retir~.mer:t System, as dFtermined by the periodical investigation and valuation required by said Retirement l.a~a. 12. contributions required of Public Ageaicy and its +~rnployees shall he paid by Public Agency to the R.etw rcrn+~nt 5ysten~ within thirty days afY:er the er~d of the, F~eriod to which said contributiars reftsr. If more rr iLss than the correct amount of cnntrib~stians i, ~-sid fax any Ferivd~ grope, ~djus'~:ment small. ~~e made in connectzor:; ~»ith subsec~~uCn~t remittances: or adjustm~r~ts an account of errors in ccn- triautions squired o£ any employee may be made by direct cash pays!,e.+ts between tae r~mpl.ayee and Board. Payments by Publir:. AgCnCy to baaY°d may be made in the form of ~rarrants, bank checks, t~an.k draits, certified checks, money a~rders, or cash. fitness Maur hands this M __ day of ~~ ~~ Bt~ARD ~1F ADMINISTRATIOM CT7: COUNCII. OE THE STATE EMPLOYEES' itET I REMENT SYSTEM C I'T `~' OF CUP'.~F.:' I \d Fi b' i~il~iarn ~.~yrieD~Xecut v~. e~5 icex I3Y r ~ ,~~~~~... f Attest: ~~ ____-~G~' ~- __-----------~~._..... Clerk R~.t. Form lib-4