Ordinance - 2035ORDINANCE NO.2035
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 communicated with the West Covina o na
Confidential/Exempt, General, Maintenance, Mid -Management, Public Safety Dispatchers
associations and unrepresented miscellaneous employees; 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, BE IT. RESOLVED, that 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 thirty days after the date of its adoption, and
prior to the expiration of 15 days from the passage thereof, shall be in the San Gabriel Valley Tribune,
a newspaper of general circulation, published and circulated in the City of West Covina.
Passed and Approved This 15"' day of June, 1999.
o — �
Mayor
ATTEST . -
A
CtyCtyClerk,
';
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. 2035 was regularly introduced and placed upon its first reading at a regular meeting of
the City Council on the 181h day of May, 1999. That, thereafter, said ordinance was duly adopted and
•passed at a regular meeting of the City Council on the 15"' day of June, 1999, by the following vote, to
wit:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES:' None
ABSENT: None
ABSTAIN: None 4e& City Cle k '
APPROVED AS TO FORM:
'—City Attorney
i
•
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF WEST COVINA
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; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21574 (Fourth Level of 1959 Survivor
Beneftis) for local safety members; and Section 21024
(Military Service Credit as Public Service) for local
miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
W.
4ri�din�gOffi r
AIAYaR.
Title
fNc lS, lgg9
Date adopted and approved
(Amendment)
CON-302 (Rev. 4/96)
0 " i,_
Ca1PERS
California
Public Employees' Retirement System
C�
Between the
Board of Administration
EXHIBIT
California Public Employees' Retirement System
and the
City Council
City of West Covina
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the 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, October 2, 1998 and November 17, 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 November 17, 1998, and hereby replaced by the following paragraphs
numbered 1 through 16 inclusive:
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.
is
PLEASE DO NOT SIGN "EXHIBIT ONLY"
• 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).
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.
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 where members of the Local Retirement System be
based on age at entry into said local system.
PLEASE DO NOT ,SIGN "EXHIBIT ONtr
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
under the Former Agency's contract 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 20965 (Credit for Unused Sick Leave).
PLEASE DO NOT SIGN "EXHIBIT ONIY"
• h. Section 21622 ($600 Retired Death Benefit) for local fire members
only.
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976. 1 -
j. Section 20903 (Two Years Additional Service Credit), Statutes of
1979. Legislation repealed said Section effective January 1, 1999
for local miscellaneous members only.
k. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety 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. 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 safety 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.
I
u
0
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.
t
B. This amendment shall bective on the day of , 1 g
BOARD OF ADMINISTRATIO,(`�f' CITY COUNCIL
PUBLIC EMPLOYEES' RE*EMENT SYSTEM CITY OF WEST COVINA
07,
KENNETH W. MARZIOP, CHIEF
ACTUARIAL & EMPOV ER SERVICES DIVISION
PUBLIC EMPLOY' RETIREMENT SYSTEM
4�
1
Witness Dat_ V
Attest:
Al
�P
Cie%
AMENDMENT
PERS-CON-702A (Rev. 8%96)
•
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 21574 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 21574, 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 21574.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY -
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
0
PERS-CON-59 (Rev. 7/96)
CITY COUNCIL
OF THE
CITY OF WEST COVINA
P S ING O ICER
Date el /5D Imo%
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
• Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
•
CERTIFICATION OF GOVERNING BODY'S ACTION
Ordinance
I hereby certify that the foregoing is a true and correct copy of a RM@wbdjw adopted by the
West Covina City Council of -the
(governing body)
City of West Covina
(public agency)
on June 15. 1999
(date)
erk/Secretary
MAI
PERS-CON-12 (rev. 1/96)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
• Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
•
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code
the future annual costs as determined by the System Actuary and/or the increase
in retirement benefit(s) have been made public at a public meeting of the
West Covina City Council ofthe
(governing body)
City of West Covina —
(public agency)
on May 18. 1999 which is at least two weeks prior to the adoption of the
(date)
Remo im / Ordinance.
Date June 21. 1999
Title
PERS-CON-12A (rev. 1/96)