Resolution - 8289•
RESOLUTION NO. 8289
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
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 procedure 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 for the merger of a portion of the function of the San
Gabriel Valley Fire Authority into the City of West Covina pursuant
to Section 20567.11; Section 21382.2 (Increased Level of 1959 Survivor
Benefits); Section 20862.8 (Credit for Unused Sick Leave); and
Section 21367.53 ($600 Retired Death Benefit) for local fire members
only.
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 the said governing body 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.
January 9 1989
(Date adopted and approve
• 1k:R2.05
By
c NAME
(TITLE
I, JANET M. BERRY, CITY CLERK OF THE
CITY OF WEST COVINA DO HEREBY
CERTIFY THAT THIS IS A TRUE AND
CORRECTCUYYO ORIG N(A�LQDUQCUMENT
City Clerk, cur or West Covina
I
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the City Council of the City of West Covina at a regular meeting
S thereof held on the 9th day of January, 1989, by the following vote
of the Council:
AYES: Manners. McFadden. Tarozzi. Lewis, Bacon
NOES: None
,� ABSENT: None
APPROVED AS TO FORM:
City Atrorney
•
�10 AMENDMENT TO CONTRACT
BETWEEN THE
• ,��g�\ Or BOARD OF ADMINISTRATION
t r
a OF THE
QO �O\ S�GPUBLIC EMPLOYEESET ' RETIREMENT SYSTEM
CITY COUNCIL
OF
OF THE
CITY OF WEST COVINA
J
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 and
December 16, 1987, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective December 16, 1987, and hereby replaced by the following
paragraphs numbered 1 through 15 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 contract-
ing 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).
?a.2Y
* * * C O P Y
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 CONTRACT DATE.
• 5. Benefits being received under the local system on contract date 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 retire-
ment 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.
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.
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
representing 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 the continuation of the contract of the San
Gabriel Valley Fire Authority. A portion of the function of the San
Gabriel Valley Fire Authority is being transferred to the City of West
Covina. The accumulated contributions, assets and liabilities for
prior and current service shall be merged pursuant to Section 20567.1
of the Government Code. The merger will occur February 1, 1989.
9. The fraction 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 21251.13 of said
Retirement Law with all service prior to Federal Social Security
'termination March 31, 1970, subject to the reduction provided by said
section (28 at age 60 Full and Modified).
*24le I?
* * * C O P Y
10. The
fraction 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
•
(28
at age 50 Full).
11. The
following additional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
•
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
Coverage). Legislation repealed said Section effective
September 27, 1979.
Section 21361.5 (Local System Service Credit).
d.
Section 20818 (Two -Years Additional Service Credit), as defined
in Chapter 1324, Statutes of 1976. Legislation repealed said
Section effective January 1, 1979.
e.,
Sections 21263 and 21263.1 (Post -Retirement Survivor
Allowance) for local safety members only.
h
�~ f.
Section 20024.2 (One -Year Final Compensation).
g.
Sections 21380 - 21387 (1959 Survivor Benefits) including Section
O
21382.2 (Increased 1959 Survivor Benefits) for local fire members
t�
only.
C�
h.
Section 20862.8 (Unused Sick Leave Credit) for local fire members
only.
0.
i. Section 21367.53 ($600 Retired Death Benefit) 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.
oj�?
* * * C O P Y
• 13. Public Agency shall contribute to said Retirement.System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
• (1) 6.103 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 3.947 percent until June 30, 1996 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 27.538 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
C. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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.
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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,
14. 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.,
n1 ('A Cr
D0 NOT SIGN 11M18IT ONly-
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15. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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
19
y
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYST
BY
ASSISTANT EXECUTIVECqJ4ICER
PUBLIC EMPLOYEES'�ETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
day of
CITY COUNCIL
OF THE
CITY OF WEST COVINA
BY
Presiding Officer
Witness Date
Attest:
Clerk
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