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Ordinance - 1591ORDINANCE NO. 1591 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 hereof are as follows: The amendment would provide the Post -Retirement Survivor Benefit to members of the West Covina Police Officer'.s Association by July 1, 1983. The City agreed to provide this benefit to members of the West Covina Police Officer's Association, effective July-j, 1983 in Resolution.No. 6477. Since the Public Employees' Retirement System needs 30 days to process the amendment, it is necessary for the ordinance to take effect immediately. This urgency ordinance would preclude the possible diversion of City funds and is therefore necessary to preserve the public peace and safety. 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 thereof shall be published in the West Covina Tribune, a newspaper of general circulation, 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. Passed and approved this 23rd day of May , 1983. 91 T WA% V A __ W 1 $_ ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I, HELENE MOONEY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1591 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of May 1983. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of May 1983, by the following vote, to wit: AYES: Councilmen: Tennant, Shearer, Bacon, Chappell NOES: Councilmen: None ABSENT: Councilmeri: Tice APPROVED AS TO FORM: City Attorney 0 City Clerk' • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE .CITY COUNCIL OF THE CITY OF WEST COVINA e Qo The Board of Administ - *o,,�jjPublic Employees' Retirement System, herein- after referred to as Board, an G; jgoverning body of above public agency, here- inafter referred to as Public Agency ing entered into a contract effective July 1, 1966, and witnessed May 26, 19 / 4as amended effective November 1, 1968, October 1, 1970, September 16, 1977, r 11, 1978, 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 numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 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 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 mem- bers 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 local miscellaneous members). 0 • In addition tfjq classes of employees excluded from membership by said Retirement the following classes of employees shall not become members of sa gtirernent System: PERSONS COMPENSATED ON � JRLY BASIS; EMPLOYEES AND FORMER EMPLOY ES' TAINING RIGHTS OR RECEIVING BENEFITS ON ACCOUNT OF RETIREXI SERVICE UNDER THE LOCAL SYSTEM AS OF CONTRACT DATE. Qk ly% 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 workmen'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 cre- dited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of,said Retirement • Law (2% at age 60 Full). 6. The fraction of final compensation to be provided for each year of cre- dited prior and current service as a local safety member shall be de- termined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55 Full). 7. 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. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). b. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. C. 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,of entry into said local system. d. Section 21361.5 (Local System Service Credit), for local miscel- laneous members only. 0 • e. Sec',.ptle D 18 (Additional service credit), Statutes of 1976. /��}} t. f. Section 2138Pf� nd opportunity to elect 1959 coverage), for local miscellaneod %�M ers only. A6, �i g. Sections 21263/21263.1 (Poseft)rement survivor allowance), for local safety members only. ��((��y%" V� 1l�r�i 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "empl.oyer" for purposes of Chapter 6 of the Public Employ-ees' Retirement Law effective on September 16, 1977. Accumu- lated 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 aforementioned 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 contri- bute the following percentages of monthly salaries earned as mis- cellaneous members of said Retirement System: (1) 1.714 percent until June 30, 2000 on account of the liability for prior service benefits. • (2) 11.842 percent until.June 30, 2000 on account of the liability for current service benefits. 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) 2.784 percent until June 30, 1996 on account of the liability, for prior service benefits. (2) 18.219 percent until June 30, 2000 on account of the liability for current service benefits. C. A reasonable amount, as fixed by the Board, payable in one instal- lment within 60 days of date of contract to cover the costs of ad- ministering said System as it affects the employees of Public Ag- ency, not including the costs of special valuations or of the per- iodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one instal- lment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. C • 10. Contributions required of Public Agency and its employees shall be sub-- ject to adjustment by Board on account of amendments to the Public Em- ployees' Retirement Law, and on account of the experience under the Re- tirement System as determined by the periodic investigation and valua- tion required by said Retirement Law. 11. Contributions regolt_.red of Public Agency and its employees shall be paid by Public Aency to the Retirement System within thirty days af- ter 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 adjust- ments 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 the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM day of CITY COUNCIL OF THE CITY OF WEST COVINA Af��s �40 BY BY CARL J. BLECHTNGER, EXECUTIVE OFFICE IV it Presiding Officer qNelt k-1 Approved as to form: Attest: Margaret J. oehn, rn--gal Office, D to Clerk PERS CON-702 0 , 19 C E R T I F I C A T I O N State of California. ) County of Los Angeles ) ss. City of West Covina. ) I, JANET BERRY, Deputy City Clerk of the City of West Covina, Sta.te of California., do hereby certify that a true and accurate copy of Ordinance No. .J�' wa.s published, pursuant to law, in the West Covina. Tribune, a. newspaper of general circula.tion published and circulated in the City of West Covina.. n U Dated 5 "34+3 n IQ�� & ", /-I-- Janet Berry, puty City elerk City of West Covina, California