Ordinance - 1414ORDINANCE NO. 1414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, 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 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. The facts giving rise to the urgency 'thereof
are 4as follows:
Unless the ordinance is passed effective immediately, it
will not take effect prior to December 31, 1978, at which time
Section 20818 providing for up to two years additional service
credit for eligible members in connection -with early retirement
becomes null and void.
• SECTION 4. The passage of this ordinance shall repeal
Ordinance No.1411 passed by the City Council of the City of West
Covina on November 27, 1978.
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 thereof shall be published in the West Covina
Tribune, a newspaper of general circulation, published and circu-
lated 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.
PASSED AND APPROVED llth day of December , 1978.
• ATTEST:
City Clerk
ZL
Mayor
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. 1414 was
regularly introduced, placed upon its first reading and duly adopted
at a regular meeting of the City Council on the llth day of
isDecember , 1978, by the following vote of the Council, to wit:
r 1
U
AYES: Councilmen! Miller, Shearer, Browne, Chappell, Tice.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
City Attorney
City Clerk
- 2 -
EXH IB IT A
MfENDMENT TO CONTRACT BETWEEN. THE
BOARD OF ADMINIST. RATIOLN %J �
PUBLIC F'i;PLOYEES' RETIR 1ENT SYSTEM
AND THE
CITY COUNCIL
OF THE
• CITY OF WEST COVINA
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as "Board", and the governing body of above public agency,
hereinafter referred to as "Public Agency", having entered into a contract
under date of may 26, 1966, effective July 1, 1966, and as amended
effective November 1, 1968, October 1, 1970, September 16, 1977, and
January 1, 1979, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as
executed effective January 1, 1979, and hereby replaced by the
following paragraphs number 1 through 11 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 miscellaneous members and age 55 for local
safety members. "local System" shall mean Group Annuity Contract
No. 6378-N issued by Occidental Life Insurance Co. to the City of
West Covina on July 1, 1959 including all amendments thereto.
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 such as
by express provisions 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 agreement:
a. Local Firemen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
miscellaneous members).
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:
EXCLUDE Ei PLOYEES COP•PENSATED ON A , HOURLY BASIS
EXCLUDE EMPLOYEES MD FORIMTR EfIPLOYEl S RETAI'lum RIGIITS OR
RECEIVING BENEFITS ON ACCOUNT OF RE'MREILIM FOR SERVICE UNDER
• THE LOCAL SYSTE-I AS OF CONT1UiCT DATE. CON-702-1
~ 4. 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 workman's compensation payment 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. 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 (2% at age 60).
6. 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 (One-half pay at age 55).
7. 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. 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 20605.5 (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).
c. Section 21361.5 (providing that years of service rendered as 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. Sections 21380-21388 (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 wider the program).
f. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post -retirement survivor allowance to certain survivors),
for local fire members.
g. Section 20818 (providing for up to two years additional service
credit for eligible members in connection with Public Agency
curtailment of services).
• CON-702-2
8. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chanter 6 of the Public
Employees' Retirement Law effective on September 16, 1977.
Accumulated contributions of Public Agency as of the aforementioned
date shall be fixed and determined as provided in Section 20759,
Government Code, and accumulated contributions as of the afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System as follows:
• a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
r
earned as miscellaneous members of said Retirement System:
(1) 1.251 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 9.187 percent on account of the liability for current
service benefits..
(3) 0.443 percent on account of the liability for the
1959 Survivor Program.
b. With respect to local safety members, the agency shall
contribute the following percentages of monthly salaries
earned as local safety members of said Retirement System:.
(1) 2.397 percent until June 30, 1996 on account of the
liability for prior service benefits.
(2) 13.173 percent on account of the liability for current
service benefits.
(3) 0.058 percent on account of the liability for the
1959 Survivor Program.
• .c. A reasonable amount per annum, as fixed by the 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 of the periodical investigation and valuations
required by law.
d. 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 periodical investigation and valuations
required by law.
10. 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 periodical
investigation and valuation required by said.Retirement Law.
CON-702-3
11. 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, or adjustments on account of errors
in contributions required of any employee may be made by
direct cash payments between the employee and the 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 be effective on
the � day of , 19. .
Witness our hands this day of , 19
BOARD OF ADMI dIKM& TION Y COUNCIL
PUBLIC EMPLOYEES' RETIRMHENT SYSTEM E
OF WEST COVINA
BY
Carl J. Blechinger, Executive Off'
Approved as to form:
Legal Office, PERS
•
BY
Presiding Officer
Attest:
Clerk
r
CON-702-4