Ordinance - 2024ORDINANCE NO. 2024
ORDINANCE NO. 2024 - AN URGENCY 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 has met and conferred with the West Covina Police Officers'
Association; and
WHEREAS, the City Council has made determinations regarding the issues relating to
wages and 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 Urgency Ordinance shall take effect upon its adoption, and prior to
the expiration of 20 days from the passage thereof, shall be published in the San Gabriel Valley
Tribune, a newspaper of general circulation, published and circulated in the County of Los
Angeles and thenceforth and thereafter the same shall be in full force and effect.
ADOPTED AND APPROVED this 17th day of November 1998.
ATTEST:
City Clerk
I, JANET BERRY, CITY CLERK OF THE CITY OF WEST COVINA, DO HEREBY
CERTIFY that the foregoing Urgency Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 17th day of November 1998 by the following vote, to wit:
AYES:
NOES:
ABSENT
Herfert, Howard, Touhey, Wong, Meelendez
None
None
APPROVED AS TO FORM:
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City Clerk
cn:wordlevelkc.doc
-PERS
Actuarial & Employer Services Division
PO Box 942709
Sacramento, CA 94229-2709
Telecommunications Device for the Deaf - (916) 326-3240
(916) 326-3420 FAX (916) 658-1586
January 6, 1999
Mr. Kemit Francis
Interim Director of Personnel/Risk Management
City of West Covina
P.O. Box 1440
West Covina, CA 91793
Dear Mr. Francis:
Employer Code #0630
Reply to Section 230
RECEIVED
JAN 2 0 1999
CITY CLERK'S OFFICE
CITY OF WEST COVINA
The contract amendment. and 1959 Survivor Agreement has been executed by
CalPERS. The effective date of the contract amendment is November 17, 1998.
If you have any questions regarding your contract, please do not hesitate to contact,
Dana Hlawaty, Employer Representative, at (916) 326-3434.
Sincerely,
Darlene Eredia, BPSII
Public Agency Contract Services
DE:br
Enclosure
C0308 (Rev. 12/97)
cc: Walt Hauser Re: Thid Level of 1959 Survivor Benefits for Police members
Ray Nordin
Distribution: Original Contract to City Clerk 1/20/99
copies of Contract to Payroll; Personnel File
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, June 17, 1992, January 6, 1994, June 24, 1997,
September 24, 1997 and October 2, 1998 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
October 2, 1998, 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 55 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);
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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:
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 1,1966.
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 20481 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 payments.
b. A $500 death benefit payable upon death of the retired person described
above.
6. Public Agency, in accordance with Section 20685 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.
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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 transferrred to the City of West Covina. The accumulated contributions,
assets and liability for prior and current ' service shall .be merged pursuant to
Section 20508 of the Government Code. Such merger occurred February 1, 1989.
9. 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 of said Retirement Law (2% at age 55 Full).
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 21362 of said Retirement Law (2% at age 50 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only.
b Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits).
Legislation repealed said section effective September 27, 1979.
C. Section 21536 (Local System Service Credit Included in Basic Death
Benefit).
d. Section 20903 (Two -Years Additional Service Credit), Statutes of 1976.
Legislation repealed said Section effective January 1, 1979.
e. Sections 21624 and 21626 (Post -Retirement Survivor Allowance) for local
safety members only.
f. Section 20042 (One -Year Final Compensation).
g. Section 21572 (Increased Level of 1959 Survivor Benefits) for local fire
members only.
h. Section 20965 (Credit for Unused Sick Leave).
i. Section 21622 ($600 Retired Death Benefit) for local fire members only.
j. Section 21024 (Military Service Credit as Public Service), Statutes of
1* 1976 for local safety members only.
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k. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
1. Section 21573 (Third Level of 1959 Survivor Benefits) for local police
members only.
12. Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on September 16, 1977.
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.
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. Per covered member, $0 per month on account of the liability for the 1959
Survivor Benefits provided under Section 21573 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 police 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.
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.
•
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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 17th
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
KENNEjTH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
day of November , 19 98 .
CITY COUNCIL
OF THE
CITY OF WEST COVINA
BY
PRESIDING OFFI
z NBC`. 4 & �0
Witness Date
Attest:
L _ .MR1 K�� �� _.'_
f - ,
AMENDMENT
PERS-CON-702A (Rev. 8\96)
I
AGREEMENT
TO POOL
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMINISTRATION,
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF WEST COVINA
WHEREAS, Government Code Section 21573 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contracting agencies electing to include the provision of said Section
in their contracts; and
WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all
contracting agencies subject to said Section;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of West Covina and
its covered employees shall be pooled pursuant to the provisions of Government
Code Section 21573.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY ,
KENNET W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-59 (Rev. 7/96)
CITY COUNCIL
OF THE
CITY OF WEST COV /
BY
PRESIDING OFFICER
Date ,e�G