Resolution - 5808• RESOLUTION NO. 5808
RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
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:
• To provide Section 20818 (up to two years additional
service credit for eligible members in connection
with Public Agency curtailment of services).
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
amendment to the contract between the said governing body and the
Board of Administration of the Public Employees' Retirement System,
a copy of said amendment being attached hereto, as an "Exhibit"
and by this reference made a part hereof.
Atte
. 6-y-Z l e r / , , � 7 �
(Vate adopted and approved)
BY
(Name)
Mayor
(Title)
Ret. Form 122
•
I HEREBY CERTIFY that the foregoing Resolution No. 5808
was duly adopted by the City Council of the City of West Covina at
a regular meeting thereof held on the 13th day of November, 1978,
by the following vote of the Council:
AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPRO D AS&zttt._j
City Attorney
C�
City Clerk
- 2 -
AMENDMENT TO CONTRACT BE114EEN THE
BOARD OF ADMINISTEATION
• PUBLIC EMPLOYEES' RETIRF11ENT SYSTEM
AITD THE
CITY COUNCIL
OF THE
CITY OF ;JEST COVINA
The Board of Administraticn, 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 EMPLOYEES COMPENSATED ON AN HOURLY BASIS
EXCLUDE EMPLOYEES' AI`,D FOrjfG , EMPLOYEES RETAINING RIGHTS OR
RECEIVIivG BE14EFITS ON ACCOUNT OF RETIR EIT-M FOR SERVICE LTA -DER
THE LOCAL SYSTZI AS OF CONTRACT 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 worlman'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 Tetirement
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 under the pro,,ram).
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 servtices) .
CON-702-2
8. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "emplover01 i7or purposes of Chapter 6 of the Public
Employees' Retirement Lain 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
earned as miscellaneous members of said.Retirement System: f
(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
u
•
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 :•;hick 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 cheeks, 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 ADMINISTRATION
PUBLIC E PLOYEES' RETIREIMENT SYSTEM
CITY COUNCIL
OF THE
ITY OF 14EST COVINA
BY '
Carl J. Blechinger, Exe r
Approved as to form:
Legal Office, PERS
BY
Presiding Officer
Attest:
Clerk
CON-702-4 -
•
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)
on November 13, 1978 appearing at Page Minutes not completed
(Date)
Volume at this time
of the (Minutes) of the
City Council
(Governing Body)
CITY CLERK or
PERS-CON-12 (1 1177)
Public Employees' Retirement System
Post Office Box 1953
Sacramento CA 95809
•
•
•
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the
Government Code the future annual costs as determined by the System
Actuary have been made public at a public meeting at least two weeks
prior to the adoption of the increase in public retirement plan
benefits as provided by the Section 20818 of the G.C. Amendment to Contract,
(optional benefit)
which was adopted by the City Council of
(legislative body)
the City of West Covina on the 13th day of November, 1978.
(public agency) (date)
Date • l4// 7Y
original signature
City Clerk
official title
PERS-CON-12A (9-78)
Public Employees' Retirement System
P. 0. Box 1953
Sacramento, CA 95809
CERTIFICATE
Of Compliance With
Section 20818, Government Code
In accordance with Section 20818, Government Code, and amendment dated
to the contract between the City of West Covina
name of contracting agency
and Public Employees' Retirement System, the _ City Council hereby
governing body
certifies:
1. The City of West Covina will lay off employees in the miscellaneous
and safety categories.
2. The best interests of the community will be served by providing
extra service credit in PERS for eligible employees in these
categories.
• THEREFORE, the City of Wrest Covina hereby elects to provide the benefits
of Section 20818, Government Code, to all eligible employees in the miscellaneous
and safety categories.
Date: ;/I /44�—%i
At: West Covina, California
0
original 18ignature
City Clerk
official title