The city council may at any time provide by ordinance for implementation of any procedure, or for any matter arising due to unforeseen circumstances, or for any remedy necessary to accomplish full transfer in an equitable manner or all active safety employees to PERS, including but not limited to such hearing procedures as may be required by Government Code Section 21026 or any other section of the Government Code, procedures for any determinations required by that code to be made by the city with respect to disability retirement, and any provisions necessary to resolve questions relating to the following categories of persons:
(a) Former SCERS safety members who have left city employment but are covered by reciprocity provisions or agreements.
(b) Former SCERS safety members who have left city employment but who elected deferred retirement and have left their contributions in the system.
(c) Former SCERS safety members who left city employment, were reemployed by the city prior to the effective date of the new contract, again became SCERS safety members, and who have redeposit rights which as of the effective date of the new contract have not been exercised so as to receive service credit for the break in service.
(d) Former SCERS safety members who left city employment and are reemployed after the effective date of the new contract, and who did not elect deferred retirement or leave their contributions in the system.
(e) Former SCERS safety members who retired for disability and who returned to city employment pursuant to former (1989) Charter section 417 as a miscellaneous employee, but who elected to retain safety membership.
In the event that a court of competent jurisdiction determines in a final judgment that all or any provision of this article or any new contract entered into with the Public Employees' Retirement System, or any ordinance enacted pursuant to this article is invalid, the city council shall provide by ordinance for compliance with the terms and conditions of any such court order.
The city council shall provide by ordinance, prior to the effective date of any new contract, for an administrative appeal and remedy procedure to address any claim made by a member of SCERS, any employee, any retiree or any beneficiary that this article or any new contract entered into with the Public Employees' Retirement System, or any ordinance enacted pursuant to this article is invalid for any reason. As adopted, such procedure shall be mandatory, final and binding on all parties thereto, and shall be reviewable only by court proceedings instituted pursuant to Code of Civil Procedure 1094.5. (Amended June 6, 1989)