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Resolution - 9597T\Y D p^ RESOLUTION N0. 9597 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 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 21024 (Military Service Credit as Public Service) for local police members. 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 said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment b#g attached hereto, s an "Exhibit" and by this reference made a part hereof. Presiding Mayor Title July 7, 1998 Date adopted and approved (Amendment) CON-302 (Rev. 4/96) EXHIBIT 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, June 17, 1992, January 6, 1994, June 24, 1997 and September 24, 1997 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 September 24, 1997, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 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 55 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). 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 Employee's Retirement System at the rate provided in the local system in accordance with Section 20481 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 payments. b. A $500 death benefit payable upon death of the retired person described above. 6.. Public Agency, in accordance with Section 20685 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. 7. 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 20508 of the Government Code. Such merger occurred February 1, 1989. 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 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 21362 of said Retirement Law (2% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: • a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. b. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). Legislation repealed said Section effective September 27, 1979. C. Section 21536 (Local System Service Credit Included in Basic Death Benefit). d. Section 20903 (Two -Years Additional Service Credit), Statutes of 1976. Legislation repealed said Section effective January 1, 1979. e. Sections 21624 and 21626 (Post -Retirement Survivor Allowance) for local safety members only. f. Section 20042 (One -Year Final Compensation). g. Section 21572 (Increased Level of 1959 Survivor Benefits) for local fire members only. h. Section 20965 (Credit for Unused Sick Leave). i. Section 21622 ($600 Retired Death Benefit) for local fire members only.. j. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members only. k. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on September 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 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. 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 Q. BOARD OF ADMINISTRATICtI CITY COUNCIL PUBLIC EMPLOYEES' REI�MENT SYSTEM OF THE �a ' CITY OF WEST COVINA BY KENNETH W ACTUARIAL PUBLIC EMP] DN, CHIEF OYER SERVICES DIVISION 'RETIREMENT SYSTEM 1_.:Vi PRESIDING OFFICER Witness Date �4 Attest: by wn AMENDMENT PERS-CON-702A (Rev. 8V96) Clerk ';`f • CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the on i/4,/o 7 /1 u date) City Council ofthe (governing body) City of West Covina (public agency) Clerk/Secretary City Clerk Title CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916)326-3420 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 City Council . (governing body) of the City of West Covina (public agency) on �/ which is at least two weeks prior to the adoption of the (date Resolution/Ordinance. Clerk/Secretary City Clerk Title Date �f kI