2009-39U Contract of the Public Employees' Retirement System ORDINANCE NO. 2009-39U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MENIFEE, CALIFORNIA AUTHORIZING A CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF MENIFEE AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1.
The contract between the City Council of the City of Menifee and the Board of
Administration, California Public Employees' Retirement System is hereby authorized, a
copy of said contract being attached hereto, marked Exhibit A and by such reference made
a part hereof as though herein set out in full. The Council finds that this ordinance must take
effect immediately so that it will be in place for PERS coverage to commence on July 1,
2009 for the benefit of the City. For that reason this ordinance is adopted in addition to
Ordinance No. 2009-39.
SECTION 2.
The Mayor of the City of Menifee is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect immediately as it is necessary to put in place PERS
coverage effective July 1, 2009 for the public benefit of the City and shall be of no further
force and effect upon the effective date of Ordinance No. 2009-39. Prior to the expiration of
fifteen (15) days from the passage thereof it shall be posted as provided by law or published
at least once in the Press-Enterprise, a newspaper of general circulation, published and
circulated in the City of Menifee and thenceforth and thereafter the same shall be in full
force and effect.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009, by the following
vote:
AYES:&m", /
NOES:111L�
A B S E N V T3
ABSTAIN:
Wallace W. Edgerton, Mayo
ATTEST: APPROVED AS TO FORM:
Katy Bennett, City Clerk Elizabeth Martyn
Exhibit A attached.
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Menifee
6
In consideration of the covenants and agreement hereafter contained and on the part of
both parties to be kept and performed, the governing body of above public agency,
hereafter referred to as "Public Agency", and the Board of Administration, Public
Employees' Retirement System,. hereafter referred to as "Board", hereby agree as
follows:
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.
Z. Public Agency shall participate in the Public Employees' Retirement
System from and after 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.
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3. Public Agency agrees to indemnify,defend and hold harmless the
California Public Employees' Retirement System (CaIPERS)and its
trustees, agents and employees,'the CaIPERS 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-CaIPERS 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
CaIPERS 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 CaIPERS 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 CaIPERS' 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.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to Califomia 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).
i
5. Any exclusion(s) shall remain in effect until such time as the Public
Employees'. Retirement System determines that continuing said
exclusion(s) would risk a finding of non-compliance with any federal tax
laws or regulations. If such a determination is contemplated, the Public
Employees' Retirement System will meet with the Public Agency to
discuss the matter and coordinate any required changes or amendments
to the contract.
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.
6. The percentage of final compensation to be provided for each year of
credited prior and current# service as a local miscellaneous member shall
be determined in accordance with Section 21354.5 of said Retirement Law
(2.7% at age 55 Full).
7. Public Agency elects to be subject to the following optional provisions:
a. Section 20042 (One-Year Final Compensation).
b. Sections 21624 and 21626(Post-Retirement Survivor Allowance).
8. 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.
9. 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.
10. 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.
11. 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.
BOARD'OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES'RETIREMENT SYSTEM. CITY OF MENIFEE
BY BY
LORI MC 'AlTLA REQ' PRESIDING OFFIC .F ..
EMPLOYE DNISION
PUBLIC EK4 YEES' RETIREMENT SYSTEM
c�
1Nitness Date
Attest:
Clerk
NEW AGENCY Org Id 13093
PERS-CON-702N(Rev.10/05)