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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