Ordinance No. 9901
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ORDINANCE NO. 990
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 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 on April 1, 1956, October 1, 1960, July 1, 1966,
October 1, 1972, May 1, 1974, November 1, 1975, December 1,
1976, March 1, 1979, July 6, 1986, and July 17, 1990, 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. 5793 on July 17, 1990, 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 provide Section 21382.4 (Third
Level of 1959 Survivor Benefits) for local miscellaneous members
only.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
DOES ORDAIN AS FOLLOWS:
SECTION 1: That an amendment to the Contract between
the City Council of the City of Vernon and the Board of
Administration, (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 Council 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
or 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, within fifteen
(15) days after its passage in accordance with Section 36933 of
the Government Code, 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.
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SECTION 7: That this ordinance shall be in full force
and effect thirty (30) days from and after its passage of the
same.
APPROVED AND ADOPTED this 7th day of August, 1990.
THOMAS A. YB
BRUCE V. MALKENHORST, City Clerk
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, Mayor Pro Tem
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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. 990, was duly and regularly introduced at a
regular meeting of the City Council of the City of Vernon, held
on Tuesday, July 17, 1990, and thereafter finally adopted at a
regular meeting of said City Council held on Tuesday,
August 7 , 1990, and thereafter duly signed by the Mayor of
the City of Vernon, by the following vote:
(SEAL)
AYES: 5 Councilmen: Malburg, Ybarra, McCormick,
Davis, Gonzales
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
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BRUCE V. MALKENHORST, City Clerk
'1, <* * COPY ti
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,
hereinafter 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, March 1, 1979, July 6, 1986 and
October 17, 1986, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective October 17, 1986, and hereby replaced by the following paragraphs
numbered 1 through 13 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, age 50 for local
police members and for those local fire members entering membership
prior to October 17, 1986, and age 55 for those local fire members
entering membership on or after October 17, 1986.
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);
EXHIBIT A
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* * * COPY
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:
NO ADDITIONAL EXCLUSIONS
5. 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 21251.13 of said
Retirement Law (2% at age 60 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service for local police members and for
those local fire members entering membership prior to October 17, 1986
shall be determined in accordance with Section 21252.01 of said
Retirement Law (2% at age 50 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service for those local fire members
entering membership on or after October 17, 1986 shall be determined
in accordance with Section 21252.6 of said Retirement Law (2% at age
55 Full).
8. 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 safety members
only.
b. Sections 21263, 21263.1 and 21263.3 (Post- Retirement Survivor
Allowance).
c. Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1974.
d. Section 20024.2 (One -Year Final Compensation) for local
miscellaneous members and local fire members only.
e. Section 20461.6 (Different Level of Benefits), applicable
to the 2% at age 50 Full formula for local fire members
entering membership on or after October 17, 1986.
f. Sections 21380 -21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
EXHIBIT A
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* * * COPY
9. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
November 1, 1975. 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.
10. 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.
11. Public Agency shall also contribute to said Retirement System as
follows:
a. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local
miscellaneous members.
b. 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.
c. 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.
12. 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.
01.EASE DO
140 SIGN "EXHIEII Ot41:es
EXHIBIT A
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* * * COPY
13. 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 anents between the employee and the
Board.
B. This amendment shall be effect on the day Qf
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT STEM
BY
CHIEF, CONTRACT S
PUBLIC EMPLOYEE
1
ICES DIVISION
ETIREMENT SYSTEM
PERS- CON -702 (AMENDMENT)
(Rev. 6/88)
EXHIBIT A
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CITY COUNCIL
OF THE
CITY OF VERNON
BY
Presiding Officer
Witness Date
4
Attest: lQ►
Clerk
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF VERNON
I, BRUCE V. MALKENHORST, CITY CLERK of the City of
Vernon, do hereby certify that I did, on the 9th day of August
1990, have posted three (3) copies of:
ORDINANCE No. 990 - An Ordinance of the City
Council of the City of Vernon Authorizing an
Amendment to the Contract of Vernon and the Board
of Public Employees' Retirement System ( "PERS ")
one in each of the following places, to wit: at 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 the City of Vernon,
located at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the
City of Vernon.
Signed this
Subscribed and sw
this 944: day of
day
to before me
, 196a .
Notary Public
of Los Angele
:pstngafd
Bruce V. Malkenhorst
City Clerk
OFFICIAL SEAL
■ GLOM J. OROSCO
NOTA.^,Y 'L IC CALIFORNIA
LCS,J CELES COUNTY
My Comm. Expires May 26, 1994
and for the County 1
State of California 1
•
(EXECUTION COPY)
AGREEMENT
AUTHORIZING THE RELEASE OF
2 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
INTO THE
THIRD LEVEL 1959 SURVIVOR BENEFIT POOL
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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AND THE
CITY COUNCIL
OF THE
CITY OF VERNON
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and
used as the original hereof for all purposes this 7th day of
August , 1990.
WHEREAS, the City Council of the City of Vernon has
adopted a Resolution of Intention to include in its contract
with the Board of Administration, Public Employees' Retirement
System (PERS), pursuant to Government Code Sections 21380 - 21387,
including Government Code Section 21382.4, the Third Level of
1959 Survivor Benefits for local miscellaneous members; and
WHEREAS, Government Code Section 21382.4, requires all
assets and liabilities of all contracting agencies subject to
this section, and their employees who are covered by this
section, to be pooled into a single account.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
SECTION 1: That accumulated and /or future
contributions required of the City of Vernon and its covered
employees are to be released, pursuant to the provisions of
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Government Code Section 21382.4, to a single account referred to
herein as the Third Level 1959 Survivor Benefits Pool.
CITY OF VERNON
By : 7.,,
THOMAS A. YBA RA, Mayor Pro Tem
Date: August 7, 1990
ATTESTED:
BY:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM: (�
BY: CM pk.--c M k
DAVID B. BREARLEY, Cit1i'Attorney
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM