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Ordinance - 1354ORDINANCE NO. 13 54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM) AND DECLARING THE • URGENCY THEREOF AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. 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 amend- ment 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. The facts giving rise to the urgency hereof are as follows: The amendment would "de -pool" non-public safety employees and make eligible for 1959 Survivor's Benefits twenty-two (22) employees not now covered. The "de -pooling" results in a savings of $4, 400 per month in City costs so it is necessary in order to effect this savings and provide for immediate coverage to non-public safety employees under the 1959 Survivor's Benefits, that this ordinance take effect immediately. • SECTION 4. The passage of this ordinance shall repeal Ordinance No. 1353 passed by the City Council of the City of West Covina on August 29, 1977. SECTION 5. This Ordinance shall take effect immediately after the date of its adoption, and prior to the expiration of 15 days from the passage there- of shall be published in the West Covina Tribune, a newspaper of general circula- tion, published and circulated in the City of West Covina. SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. ATTEST: Passed and approved this 12th day of September , 1977. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I,LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 13 54_ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of September , 1977. . That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of September , 1977 by the following vote, to wit: AYES: Councilmen: Miller, Chappell, Browne, Tice, Shearer. NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: City Attorney 0 0 -2- City Clerk D ETi.1 r? TJfi: P0AI'D 0it` A1: JN.,13T1;1ATI0id F'J737�IC I^;ill'I;�rY? :S' 't1T Tllri",� NT SYSTE7.1 AND THE C.T.TY CQIIJICTT, OF TJ}E CI'rY OP VIEST COVINA r 'rr}f'he Bortr•d of Adrn.i.ni:;tr.rrt,it>n, 'fithl�i.c I':rnp:}oyeec.' Reti.r.e-went S,y tem., hereinafter 1 N Crntruri 1, of I;Itc C:i t:y of Vient Covina, hereinrifter • .,�',m�'erx-ec) to W.; j1W-11•rl, nt,cI,he C i'L} refcrr.•ciI tc, ,:r; 1't.tl, l i c Al�cncy, h, v.i rr; r ettl:er cc} rtt:o it ront.rnr.t and ct:• dcttc of' Mr y 269 1r)fi(i, e.CPcr,l,i.vc ,lttly a., lei+ (,, rrrul ::r; r.+ntenclyd effective November 1.,'1.96R, April 1., 1('10, r..nd ltct,r,hct7 :L, 1O7O, wh1oh prnv i.dcr: i'or. J>:rrt:i.ci.1't t i.on r>i' Pub7_i.c Agency in said Syotc.m+, il( -(I and Piib i c Atrency hereby agr. eo as follows: A. Prt.rn,;rftpLr^ 1. thrc,u„I) 1' r,re hereby c:tcinkfc n from ^r.tid contract as amended c1'fc:•ctive October I., :1970, and n:ve h ::r•eby repinec•d by the foAlowi.ns; rrnrrt„t'aT+hr nttrnbc rc 1. :I. t}ir. out;h ).?_ inc].tx:;i.vc: 1. All word.; and terms u�,.ed. herein which fire defined in the Public 1ar,jployeor,' Ilctt:irement Law nball have the meaning as defined therein unlesrr ot'hcrwi^e gpecifically provided. "Normal. retirement age" chal_l. mean rtge 60 :for m-iscellaneous members and age 55 for local safety member.^. "Local. System" shall mean Group Annuity Contract No. 6378-11 i �;ued. by Occidental Life Insurance Company to the City of West Covina on Jrtly 11 3.959 including all amendments thereto. 2. Public Agency .1-hall Participate in the Public Employees' Retirement System from and nft:er July 1., 1.966, making it s emp)oyees as herein- after provided, members of said system subject to all provisions of the Public 1 ml,:Loyeccr' Ret:i.r.ement Law except such as apply only on election of n contrnctinf, agency and are not provided for herein and to all amendments to sfucl Law hereafter enacted except such as by express provision thereof apply only on the election of contracting; • agencies. 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 fagreement: a. Local firemen (herein referred to as local. safety members); b. Local pot icemen (herein referred to as local safety members); C. Employees other than local firemen and local policemen (herein referred to as Miscellaneous Members. The following classes of employees shall be excluded from membership in said Retirement System: EMPLOYEES COMPENSATED ON AN HOURLY BASIS. EMPLOYFIS AND DORMER FMPLOYIRS RETAINING RIGHTS OR RECEIVING BENEFTTS ON ACCOUNT OF RETIREMENT FOR SERVICE UNDER THE LOCAL SYSTEM AS OF CONTRACT DATE. Ret. Form 702-1 $csneE.i 1, : hero,; reo(!i.vcd t»-�df•r t.h loc 43 sy!', L `in on contract date by i?. sorrt: re Vol, il.i.::nh ..l ii.i� ^h:ra1 lre corrt.intied by Lh.e rul.)l.ic Tniployt.(.rr' Rot..i.r•c�rnent. iy::t,i,,, :it the, r•.lt•e, pr�w;idud ill the l.cx:!rl. sy.acm IT) ac-(,,r.•d:uvoe with :ic:cLir,rt ;_qp' tljc r7:r.id );c ti.rcmcnL I-aw, nai.d rnte being c:orl.'11, 1,111-C i :.rcr 1'0- l riw.:: a. A inon Lli ly :I .I a'c;t in,c rrl l.c,v. ,ru.c+ in Cho r+rnc,rint of ono--h:Lli' of the retired per•::;On's IMOic nn1:iry aL the dtr.Li: of dir:,dbility retire— ment reducedby the Workwcn's compensation piglne-nt in 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. 5. Assets heretofore a.ccimiul ated in the local system shall. be transferred to the Public Employees' Retirement System and appliedegainst the liability for prior service incurred hereunder. That portion of the assets so transferred which represents the accumulated contributions (plus interest thereon) of employees under said local system shall. be transferred to the Public Fmployees' Retirement System within go days after- the effective date: of this contract (Juil.y 11 1.966) and credited to the individual.. membership account of each such employee under- the Public Employees' Retirement System and adminis- tered there under Section 20523 of the Retirement Tiaw. The balance of local system assets shall be transferred from the insurer of the local system, the Occidental Life Insurance Company of California, at a rate of not .less than $8,333.00 per month commencing 30 days following the effective date of this contract (July 19 1966) until the entire balance of such. assets (including interest compounded at 3j per annum of balances remaining to be transferred) has been fully transferred. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law. 7. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.1 of said Retirement Law. 8. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commencing prior to age 55 subject to actuarial discount).. b. Section 2-0605.5 (providing that the normal rate of contribution for those employees who were members of the Local. Retirement System shall be based on age at entry into said local system). N a Ret. Form 702-2 c. Section 21361.5 (providing that years of service rendered a:, a member of the Local Retirement System prior to the effective date of this contract shall be included in the computation of the basic death benefit provided in Section 21361 upon the death of any member who was also a member of said local system). d. Section 21380-8 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). e. Section 21389 (providing that miscellaneous members not covered by federal Social Security who did not elect to be covered by the 1959 Survivor Benefit when Public Agency added said benefit to its contract shall be given another opportunity to elect to be covered under the program). 9. Public Agency, in accordance with Section 20740, Government Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 1.159 percent until June 30, 1996 on account of the liability for,prior service benefits. • (2) 8.171 percent on account of the liability for current service benefits. (3) 0.343 percent on account of the liability for the 1.959 Survivors program. b. With respect to local safety members, the public agency shall contribute the following percentages of monthly salaries earned as local safety members of said System: (1) 2.167 percent until June 30, 1996 on account of the liability for prior service benefits. (2) 11.888 percent oh account of the liability for current service benefits. (3) 0.048 percent on account of the liability for the 1959 Survivors program. 40 0 Ret. Form 702-3 I— • c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it Affects the employees of Public Agency, not including the costs of special valuations or the periodical investigations and valuation required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period- ical investigation and valuation required by law. 11. 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 experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. 12. 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. If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in connection with subsequent remittances or adjustment on account of errors in contributions required of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. This amendment shall be attached to said contract and shall become effective on the day of . Witness our hands this BOARD OF AMIINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Carl J. Blechinger, Executive Officer Approved as to form: Legal Office, PERS day of . CITY COUNCIL OF THE CITY OF WEST COVINA 'may B y Presiding Offic�r..Y>..a Attest:`,,., ...0 T., Clerk Ret. Form 702-4