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Resolution - 5537'RESOLUTION NO. 5537 ��RESOLUTION OF INTENTION TO APPROVE AN I( AMENDMENT TO CONTRACT BETWEEN THE • U BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE • • CITY COUNCIL OF THE I; CITY OF WEST COVINA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure',by which said public agencies may elect to subject them- selves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: Provides 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. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendmentilto the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy ofj,said amendment being attached hereto,'as an "Exhibit" and by this reference made a part hereof. ATTEST: City erk} August 22, 1977 (Date adopted and approved) CITY COUNCIL OF THE CITY OF WEST COVINA �-', / �.n._ Mayor (Title) Ret. Form 122 • I HEREBY CERTIFY that the foregoing Resolution No. 5537 was duly adopt,6d by the City Council of the City of West Covina at a regular meet'i'ng thereof held on the 22nd day of August, 1977, by the following vote of the Council: AYES: Councilmen: Miller,Chappell, Browne, Tice, Shearer. NOES: Councilmen: None ABSENT: Councilmen: None • K] - 2 - r City Cle k APIENDIVIENT TO CONTRACT BETI�EEN THE BOARD OF A7LINIINISTRATION x � q PUBLIC ErJIPLOYEES' RE 12ET9ENT SYSTEM • 47 AND THE CITY COUNCIL V� OF THE _ CITY OF. VVEST COVINA 4 e Board of Administration, Public Employees' Retirement System, hereinafter ,erred to as Board, el end the City Council of the City of West Covina, hereinafter referred to as Public Agency, having entered into a contract under date of May 26, 1.966, effective July l 1966, and as amended effective November 1, 1968, April 11 1970, and October 1, 1970, which pxovides'for participation of Public Agency in said System., Board and , Publi.c Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as amended effective October 1, 1970, and are hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All Swords and terms used'herein which are defined in the Public Employees !Retirement Law shall have the meaningas 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.Company to the City of Nest 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 herein- after 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 haw 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 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 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. EMPLOYEES AND FORMER EMPLOYEES RETAINING RIGHTS OR RECEIVING BENEFITS ON ACCOUNT OF RETIREMENT FOR SERVICE UNDER THE LOCAL SYSTEM AS OF CONTRACT DATE. Ret. Form 702-1 4:: q f is being received under, the local system on contract date by '� s;sons retired far disability shall be continued by the Public p wl+3piployees'� 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 Worlmen's compensation payment in each month_ during the retired person's entitlement to such payment. b. A $50&death benefit payable upon death of the retired person described above. 5. Assets heretofore accumulated in the local system shall. be transferred to the Public Employees' Retirement System and applied against 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 Employees' Retirement System within 90 days after the effective date of this contract (July 1, 1966) and credited to the individual membership account of each such employee under the :Public Employees' Retirement System and admini.s- tered there under Section 20523 of the Retirement Law. The balance of local system assets shall be transferred from the insurer of the local system, the Occidental. Fife 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 1, 1966) until • the entire balance of such assets (including interest compounded at 3% 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 haw.. 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 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). Ret. Form 702-2 • (providing that years of service rendered as a " cal Retirement System prior to the effective date shall .be included in the computation of the basic ovided 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"i Retirement haw 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) &.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 loc'al 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 on account of the liability for current service benefits. (3) 0.048 percent on account of the liability.for the 1959 Survivors program. uo+ '0.,,..,, 700_'z 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 anal 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,lend 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 day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF TIC CITY OF WEST COVINA BY BY Carl J. Blechinger, ;Executive Officer Presiding Officqrpfi4 Approved as to form: Attest: f Legal Office, PERS Clerk Ret. Form 702-4 • �w • CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the _ City Council , (Governing Body) - of the City of West Covina '(Name of Public Agency) being Resolution No. 5537 on -- August 22, 1977 appearing at rage , (Date) Volume of the (Minutes) (Official Records) of the City Council (Governing Body) Dated:t� CITY CLU* or Secretary of the Board PER --ACT-12 011710