Resolution - 9037s
19,
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RESOLUTION NO. 9037
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 themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this
contract is the adoption by the governing body of the public
agency of a resolution giving notice to 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 20862.8 (Credit for Unused Sick Leave)
for local police members.
I NOW, THEREFORE, BE IT RESOLVED that the governing body of
the above agency 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 thereto, as
"Exhibit All and by this reference made a part hereof.
SECTION 1. The effective date of this resolution is
December 7, 1993.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution.
APPROVED AND ADOPTED THIS 7Tth day of December 1993.
ATTEST:
City C rk
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council on the 7th day of December 1993.
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AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
ABSTAIN: None
City rk
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APPROVED AS TO FORM:
L -1,l/l n fa oS%-� C� • �nc .V1YlOL�
City Attorney
jcPERS.RES
PUASF DO NOT SIGN "EXHIBIT ON1.r
EXHIBIT "All
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF WEST COVINA
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective July 1, 1966, and witnessed May 26, 1966, and as amended effective November
1, 1968, October 1, 1970, September 16, 1977, December 11, 1978, January 1, 1979, June 1, 1983,
December 16, 1983, December 16, 1984, December 16, 1987, February 16, 1989, July 1, 1989 and June
17, 1992, which provides for participation of Public Agency in said System; Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective June 17,
1992, and hereby replaced by the following paragraphs numbered 1 through 16 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 local miscellaneous members and age 50
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 those, which by express provisions
thereof, apply only on the election of a contracting agency.
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 Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members).
C. Employees other than local safety members (herein referred to as local
miscellaneous members).
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4. 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:
a. PERSONS COMPENSATED ON AN HOURLY BASIS; AND
b. EMPLOYEES AND FORMER EMPLOYEES RETAINING RIGHTS, OR
RECEIVING BENEFITS ON ACCOUNT OF RETIREMENT FOR
SERVICE UNDER THE LOCAL SYSTEM AS OF JULY 1, 1966.`
5. Benefits being received under the local system on July 1, 1966 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 retirement reduced by the worker's
compensation payments, 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.
6. Public Agency, in accordance with Section 20605.5 of the Government Code, shall
provide that the normal rate of contribution for those employees who were members of
the Local Retirement System be based on age at entry into said local system.
Assets heretofore accumulated with respect to members in the local retirement system
have been transferred to the Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder. That portion of the assets so
transferred which represent the accumulated contributions (plus interest thereof) required
of the employees under said local system has been credited to the individual membership
account of each such employee under the Public Employees' Retirement System.
8. This contract shall be a continuation of the contract of the San Gabriel Valley Fire
Authority. A portion of the function of the San Gabriel Valley Fire Authority has been
transferred to the City of West Covina. The accumulated contributions, assets and
liability for prior and current service shall be merged pursuant to Section 20567.1 of the
Government Code. Such merger occurred February 1, 1989.
The percentage of final compensation to be provided for local miscellaneous members for
each year of credited prior and current service shall be determined in accordance with
Section 21251.13 of said Retirement Law, subject to the reduction provided therein for
service prior to March 31, 1970, termination of Social Security, for members whose
service has been included in Federal Social Security (2% at age 60 Full and Modified).
10. The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
PLEASE DO NOI SIGN "EXHIBIT Ohia:f'
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Public Agency elected to be subject to the following optional provisions:
a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits) for local miscellaneous members and local police members.
b. Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits). Legislation
repealed said Section effective September 27, 1979.
C. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit).
d. Section 20818 (Two -Years Additional Service Credit), Statutes of 1976.
Legislation repealed said Section effective January 1, 1979.
e. Sections 21263121263.1 (Post -Retirement Survivor Allowance) for local safety
members.
f. Section 20024.2 (One -Year Final Compensation).
g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2
(Increased 1959 Survivor Benefits) for local fire members.
h. Section 20862.8 (Credit for Unused Sick Leave).
i. Section 21367.53 ($600 Retired Death Benefit) for local fire members only.
j. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976, for
local fire members only.
12. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on September 16, 1977.
Accumulated contributions of Public Agency shall be fixed and determined as provided
in Government Code Section 20759, and accumulated contributions thereafter shall be
held by the Board as provided in Government Code Section 20759.
13. Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
14. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract 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 periodic investigation and valuations required by law.
b. 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 periodic investigation and valuations required
by law.
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15.. 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 periodic_
investigation and valuation required by said Retirement Law.
16. Contributions required of Public Agency and its employees shall be paid by Public
• Agency to the Retirement System within fifteen 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. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effective on the day of , 19
BOARD OF INiSTRATION
PUBLIC EMPL ES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT VICES DIVISION
PUBLIC EMPLOYEES'*TIREMENT SYSTEM
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PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
CITY COU
OF THE K
CITY OF WESSOVINA
BY
Presiding Officde-,
Witness Date �y
Attest:
Clerk
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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Contract Services Division
Public Agency Contract Services
P. 0. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
(916) 326-3240 (TDD)
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
of the
(governing body)
(public agency)
on
(date)
PERS-CON-12
C0600 (Rev. 12/92)
Clerk/Secretary
Title
•
•
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Contract Services Division
Public Agency Contract Services
P. 0. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
(916) 326-3240 (TDD)
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 and/or the increase in retirement benefit(s) have been
made public at a public meeting of the
of the
(public agency)
(governing body) .
on which is at least two weeks prior to the adoption of the
(date)
Resolution / Ordinance.
Date
PERS-CON-12A
C0601 (Rev. 12/92)
0
Clerk/Secretary
Title