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
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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
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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