Ordinance - 1930ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF WEST COVINA.
The City Council of the City of West Covina does ordain as
follows:
WHEREAS, the City of West Covina has met and conferred with
the West Covina Police Officers Association; and
WHEREAS, the City Council has made a determination regarding
the issues related to wages, benefits, and working conditions;
and
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the
Public Employees' Retirement System by the execution of a
contract, and sets forth the procedure by which said public
agencies may elect to subject themselves and their employees to
amendments to said Law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES ORDAIN AS FOLLOWS:
Section 1. That an amendment to the contract between the
City Council of the City of West Covina and the 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 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 immediately
after the date of its adoption, and prior to the expiration of 15
days from the passage thereof shall be published in the San
Gabriel Valley Tribune, a newspaper of general circulation,
published and circulated in the City of West Covina.
Section 4. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published as
required by law.
Passed and approved this 4.th day of January ,
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF WEST COVINA )
I, JANET BERRY, City Clerk of the City of West Covina, do
hereby certify that the foregoing Ordinance No. 1930 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 7th day of
December , 1993. That, thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 4th day of January 1, 19941 by the following vote,
to wit:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
CITY CLERK
APPROVED AS TO FORM: 6t
CITY ATTORNEY
PERSORD
NZASE DO NOT SIGN "EXHIBIT ONIr
EXHIBIT "A"
AMENDMENT TO CONTRACT
BETWEEN THE .
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF WEST COVINA
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective July 1, 1966, and witnessed May 26, 1966, and as amended effective November
1, 1968, October 1, 1970, September 16, 1977, December 11, 1978, January 1, 1979, June 1, 1983,
December 16, 1983, December 16, 1984, December 16, 1987, February 16, 1989, July 1, 1989 and June
17, 1.992, which provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective June 17,
1992, and hereby replaced by the following paragraphs numbered 1 through 16 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 60 for local miscellaneous members and age 50
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after July 1, 1966 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).
•
l A, DO NOT SIGN "EXHIBIT ONLY`'
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. PERSONS COMPENSATED ON AN HOURLY BASIS; AND
b. EMPLOYEES AND FORMER EMPLOYEES RETAINING RIGHTS, OR
RECEIVING BENEFITS ON ACCOUNT OF RETIREMENT FOR
SERVICE UNDER THE LOCAL SYSTEM AS OF JULY 19 1966.
5. Benefits being received under the local system on July 1, 1966 by persons retired for
disability shall be continued by the Public Employees' Retirement System at the rate
provided in the local system in accordance with Section 20520 of the said Retirement
Law, said rate being constituted as follows:
a. A monthly lifetime allowance in the amount of one-half of the retired person's
basic salary at the date of disability retirement reduced by the worker's
compensation payments, each month during the retired person's entitlement to
such payment.
b.. A $500 death benefit payable upon death of the retired person described above.
6. Public Agency, in accordance with Section 20605.5 of the Government Code, shall
provide that the normal rate of contribution for those employees who were members of
the Local Retirement System be based on age at entry into said local system.
7. Assets heretofore accumulated with respect to members in the local retirement system
have been transferred to the Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder. That portion of the assets so
transferred which represent the accumulated contributions (plus interest thereof) required
of the employees under said local system has been credited to the individual membership
account of each such employee under the Public Employees' Retirement System.
8. This contract shall be a continuation of the contract of the San Gabriel Valley Fire
Authority. A portion of the function of the San Gabriel Valley Fire Authority has been
transferred to the City of West Covina. The accumulated contributions, assets and
liability for prior and current service shall be merged pursuant to Section 20567.1 of the
Government Code. Such merger occurred February 1, 1989.
9. 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 21251.13 of said Retirement Law, subject to the reduction provided therein for
service prior to March 31, 1970, termination of Social Security, for members whose
service has been included in Federal Social Security (2% at age 60 Full and Modified).
10. 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
21252.01 of said Retirement Law (2 % at age 50 Full).
PLEASE DO NOT SIGN '`Mistr ONLY°`
11. Public Agency elected to be subject to the following optional provisions:
a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits) for local miscellaneous members and local police members.
b. Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits). Legislation
repealed said Section effective September 27, 1979.
C. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit).
d. Section 20818 (Two -Years Additional Service Credit), Statutes of 1976.
Legislation repealed said Section effective January 1, 1979.
e. Sections 21263/21263.1 (Post -Retirement Survivor Allowance) for local safety
members.
f. Section 20024.2 (One -Year Final Compensation).
g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2
(Increased 1959 Survivor Benefits) for local fire members.
h. Section 20862.8 (Credit for Unused Sick Leave).
i. Section 21367.53 ($600 Retired Death Benefit) for local fire members only.
j. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976, for
local fire members only.
12. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on September 16, 1977.
Accumulated contributions of Public Agency shall be fixed and determined as provided
in Government Code Section 20759, and accumulated contributions thereafter shall be
held by the Board as provided in Government Code Section 20759.
13. 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.
14. Public Agency shall also contribute to said Retirement System as follows:
a. 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.
b. 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.
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15. 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.
16. 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 SYSTEM
BY Q
CHIEF, CONTRAC SERVICES. -DIVISION
PUBLIC EMPLOYI�jS' RETIREMENT SYSTEM
G)
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
0
day of , 19
CITY COU L
OF THE
CITY OF W QCOVINA
V.
BY y
Presiding Offs
G�
2
Witness Date
Attest: tA
0-
r-�
Clerk
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
J et Berry, City Jerk
City of West Covina, Calif rnia
DATED:
Pam.. /Ab/q q