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Ordinance No. 9551 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF VERNON AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ( "PERS ") WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the PERS 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 said amendments to said Law; and WHEREAS, the Board of Administration of the PERS and. the City of Vernon have entered into a contract dated October 23, 1948, effective November 1, 1948, and amendments thereto effective April 1, 1956, October 1, 1960, July 1, 1966, October 1, 1972, May 1, 1974, November 1, 1975, December 1, 1976, and March 1, 1979, which provides for participation of the City of Vernon in the PERS; and WHEREAS, the City Council of the City of Vernon adopted Resolution No. 5206 on August 20, 1985, which declared its intention to approve an amendment to its contract with the PERS; and WHEREAS, the City Council of the City of Vernon wishes to amend its PERS contract to include Section 20024.2 of the Government Code (One -Year Final Compensation for Local Fire Members). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: SECTION 1: That an amendment to the contract between 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Council of the City of Vernon and the Board of Administration of the PERS 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 of Vernon is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Vernon. SECTION 3: There being no newspaper printed, published and circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this ordinance and shall post the same or cause the same to be posted in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California; that this ordinance shall be in full force and effect thirty (30) days from and after the final passage of the same. 1985. ATTEST: APPROVED AND ADOPTED this 5th day of November BRUCE V. MALKENHORST, City Clerk -2- EONIS C. MALBURG,( Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 955 , was duly and regularly introduced at an regularnmeeting of the City Council of the City of Vernon, held on October 15, 1985 , and thereafter finally adopted at a regular meeting of said City Council held on November 5, 1985 , by the following vote: AYES: Councilmen: Malburg, Ybarra, Davis, Gonzales McCormick NOES: Councilmen: None (SEAL) ABSENT: Councilmen: None Bruce V. Malkenhorst, City Clerk -3- SUPPORTING DOCUMENTS •PERS Field and Contract Services Division P.O. Box 90109 Sacramento, CA 95809 -0109 (916) 445 -6570 445 -4900 (Telecommunications Device for the Deaf) January 21, 1986 Mr. Edward A. Cooney Assistant Finance Director City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Cooney: Le Q Reply to Section 900 Field & Contract Services Division Employer Code #0209 The amendment to the contract between your agency and the Public Employees' Retirement System to provide Section 20024.2 (One -Year Final Compensation) for local fire members, has been executed by our office. A copy of the contract as amended is enclosed for your file. The effective date of this amendment is July 6, 1986. If I can be of any further assistance, do not hesitate to contact me. Sincerely, Barbara Patterson Contracts Office Field & Contracts Services Division BP: jh Attachment C0442 (Rev. 4/85) California Public Employees' Retirement System AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON The Board of Administration, Public Employees' Retirement System, hereinafter referred to se Board, and the governing body of above public agency, herein- after referred to es Public Agency, having entered into a contract effective November 1, 1948, and witnessed October 23, 1948, and as amended effective April 1, 1956, October 1, 1960, July 1, 1966, October 1, 1972, May 1, 1974, November 1, 1975, December 1, 1976 and March 1, 1979, which provides for participation of Public Agency in said System, Bocrd and Public Agency hereby agree as followe: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective Merch 1, 1979, and hereby replaced by the following pEregrEphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Low shell have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shell 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 November 1, 1948 making its employees as hereinafter provided, rembere of seid System subject to all provisions of the Public Employees' Retirement Lew 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 e contracting agency. 3. Employees of Public Agency in the following classes shell 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); 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 acid Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shrill be determined in accordance with Section 21251.13 of said Retirement Law (2k at age 60 Full). 6. The fraction of final compensation to be provided for each year of credited prior end current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Lew (2r et age 50 Full). 7. The following additional provisions of the Public Employees' Retire - ment Lew, 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) and Section 21332.41 (Third Level of 1959 Survivor Benefits). b. Sections 21263, 21263.1 and 21263.3 (Post — Retirement Survivor Allowance). c. Section 20930.3 (Military Service Credit), as defined in Chapter 830, Statutes of 1976. d. Section 200211.2 (One —Year Final Compensation) for local miscellaneous and local fire members.- E. Public Agency, in accordance with Section 207110, Government Code, ceased to be an "employer" for purposes of Section 20759 of the Public Employees' Retirement Law effective on November 1, 1975. 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 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 local miscellaneous members, the agency shell contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 1.398 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 20.898 percent until June 30, 2000 on ,account of the liability for current service benefit. (Subject to annual change.) 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 Systems (1) 0.528 percent until June 30, 2001 on account of the liability for prior service benefits. (ubject to annual change.) (2) 41.864 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) (3) 0.293 percent until June 30, 2000 on account of the lability for the 1959 Survivor Program. (Subject to annual change.) c. A reasonable amount, as fixed by the Board, peysble in one in- stallment 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. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigction 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 eccount of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 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 tbperiod to which said contributions refer or es may be prescribed Board regulation. If more or less than the cor- rect 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. 4'c- B. This amendment shall be effective on the 4- - day of July 19 86. ,fin Witness our hands the 5th day of November BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY JPIe.SIDNEY C. McCAU LAYD, EXECUTIVE OFFICER Approved as to form: F,v,(.11.12 - 7 -3/ -8r Legal Office, Date CITY COUNCIL OF THE CITY OF VERNON BY , 1985 . res ding Officer Leo is . Ma1burg, Mayor Attest: Clerk, Bruce V. Malkenhorst PERS CON-702 APPROVED AS TO FORM - BY �ti �' \� DAVID B. BREARLEY CITY ATTORNEY DATED \A / I Ars- ,l AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective November 1, 1948, and witnessed October 23, 1948, and as amended effective April 1, 1956, October 1, 1960, July 1, 1966, October 1, 1972, May 1, 1974, November 1, 1975, December 1, 1976 and March 1, 1979, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective March 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 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 November 1, 1948 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). EXHIBIT Pt 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: NO ADDITIONAL EXCLUSIONS 5. The fraction 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 21251.13 of said Retirement Law (2% at age 60 Full). 6. The fraction 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). 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) and Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Sections 21263, 21263.1 and 21263.3 (Post- Retirement Survivor Allowance). c. Section 20930.3 (Military Service Credit), as defined in Chapter 830, Statutes of 1976. d. Section 20024.2 (One -Year Final Compensation) for local miscellaneous and local fire members. 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Section 20759 of the Public Employees' Retirement Law effective on November 1, 1975. 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 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 local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 1.398 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 20,898 percent until June 30, 200G on account of the liability for current service benefits. (Subject to annual change.) 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) 0.528 percent until June 30, 2001 on account of the liability for prior service benefits. (Subject to annual change.) (2) 41.864 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) (3) 0.293 percent until June 30, 2000 on account of the liability for the 1959 Survivor Program. (Subject to annual change.) c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 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 periodic investigation and valuation required by said Retirement Law. 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 which said contributions refer or as may be prescribed by Board regulation. If more or less than the cor- rect 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 1st day of July 19 86 . Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF VERNON BY BY , 19 SIDNEY C. McCAUSLAND, Presiding Officer EXECUTIVE OFFICER Approved as to form: Attest: 64( Legal Office, - 5(- YJ' Date Clerk PERS CON -702 ,