Loading...
Ordinance No. 11321 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. 1132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND 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 WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System (PERS) by the execution of a contract, and sets forth the procedure by which public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, the PERS Board of Administration and the City of Vernon entered into a contract effective November 1, 1948, and witnessed October 23, 1948 (the "Contract"), which provides for participation of the City of Vernon and its employees in the PERS, and have made amendments to the Contract 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, October 17, 1986, September 7, 1990, January 19, 1991, September 21, 1991, December 24, 1993, October 30, 1994, July 18, 1997, June 30, 2002, February 6, 2005 and February 3, 2007; and WHEREAS, on March 19, 2007, the City Council adopted Resolution No. 9269 declaring its intention to approve an amendment to the Contract to provide Section 21362.2 (3% @ 50 Full Formula) for local fire members; and WHEREAS, Government Code Section 20471 provides that approval of the Contract shall be by ordinance adopted not less than 20 days after adoption of the resolution of intention; and 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 WHEREAS, the City Council of the City of Vernon wishes to amend the Contract to provide benefits under Government Code Section 21362.2 (30 @ 50 Full Formula) for local fire members. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: An amendment to the Contract between the City Council of the City of Vernon and the Board of Administration, California Public Employees' Retirement System is hereby approved and authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2: The Mayor or Mayor Pro-Tem 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 located outside on the wall near the second floor entrance to 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. - 2 - 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 SECTION 4: This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. APPROVED AND ADOPTED this 16th day of April, 2007. Acting City Clerk EONIS C. MAL13URG, Aayor - 3 - 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, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1132 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Monday, April 2, 2007, and thereafter finally adopted at a regular meeting of the City Council held on Monday, April 16, 2007, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: (SEAL) AYES: Councilmen: Mayor Malburg, Gonzales, Davis, McCormick, Ybarra NOES: Councilmen: None ABSTAINED: Councilmen: None ABSENT: Councilmen: No e c MANUELA GIR N Acting City Clerk - 4 - EXHIBIT California Public Employees' Retirement System Between the Board of Administration California Public Employees' Retirement System and the City Council City of Vernon The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the 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, October 17, 1986, September 7, 1990, January 19, 1991, September 21, 1991, December 24, 1993, October 30, 1994, July 18, 1997, June 30, 2002, February 6, 2005 and February 3, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective February 3, 2007, 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 55 for local miscellaneous members and local prosecutors and age 50 for local police and local fire members. e , tvi c_.:a 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. Local Prosecutors (included as local safety members); d. 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 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local prosecutor shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). FtJ 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local police members only. b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). C. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. d. Section 20042 (One -Year Final Compensation). e. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local prosecutors only. f. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit) for local miscellaneous members and local fire members only. g. Section 20423.6 ("Local Safety Member" shall include local prosecutors, local public defenders, and local public defender investigators as described in Government Code Section 20423.6). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on November 1, 1975. 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. 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. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 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 and local prosecutors. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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 fire members. C. 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. 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 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. 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 payments between the employee and the Board. B. This amendment shall be effective on the 27th day of May , 2007 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF VERNON BY LORI MCGARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPROWD A9 FORM: ison, City Attorney BY—e& PRESIDING OFFICE�ario Gonza es, Mayor Pro-Tem April 26, 2007 Witness Date Attest: � Clerk Clerk Manuela Giron, Acting City AMENDMENT ER# 0209 PERS-CON-702A (Rev. 1M05) SUPPORTING DOCUMENTS I of f i OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 April 26, 2007 Ms. Danielle Brooks Employer Representative Public Agency Contract Services California Public Employees' Retirement System P. 0. Box 942709 Sacramento, CA 94229-2709 Re: Employer Code #0209; Section 105 Section 21362.2 (30 @ 50 Full Formula) for Local Fire Members Contract Amendment Dear Ms. Brooks: In accordance with your letter of April 17, 2007, enclosed please find the following documents: 1. Amendment to Contract, two original executed sets. 2. Certified copy of Ordinance No. 1132 adopted on April 16, 2007. 3. Original Certification of Final Action of Governing Body (CON-5) form. Once Ca1PERS has executed the Amendment to Contract, please return one signed original for our records. Sincerely, Manuela Giron Acting City Clerk MG: j1 Enclosures U E.-)(cfusivefy industrid CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the City Council of the (governing body) City of Vernon (public agency) adopted on April 16, 2007 , by an affirmative vote of a majority (date) of the members of said Governing Body; No. 1132 Ordinance (Ordinance or Resolution) approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said Ordinance (Ordinance or Resolution) in the form furnished by said Board of Administration being attached hereto. Cl°erk/Secretary Manuela Giron, Acting City Clerk Title Date April 26, 2007 PERS-CON-5 (Rev. 1/96) CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)§ CITY OF VERNON ) I, Manuela Giron, Acting City Clerk of the City of Vernon, County of Los Angeles, State of California, do hereby certify that the attached is a true and correct copy of: Ordinance No. 1132 - An Ordinance of the City Council of the City of Vernon Approving and 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. The original of said record has been retained in the offices of the City Clerk of the City of Vernon, said offices being in the City of Vernon, County of Los Angeles, State of California. IN WITNESS HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, this day of April 2007. r SEAL: Acting City Clerk CITY CLERK'S OFF -ICE INTEROFFICE MEMORANDUM DATE: June 11, 2007 TO: Sharon Duckworth, City Treasurer Martha Valenzuela, Director of Personnel/Purchasing Agent Willard Yamaguchi, Risk Manager/Chief Deputy City Attorne FROM: Nelly Giron, City Clerk RE: Resolution No. 9269 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Vernon Transmitted herewith is a copy of Resolution No. 9269 referenced above, which was approved by City Council on March 19, 2007. Thank you. NG:dr c• Cindy Calzada Ordinance No. 1132 Resolution No. 9269 Agreement No. 07-033 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 30, 2007 TO: Sharon Duckworth, City Treasurer artha Valenzuela, Director of Personnel/Purchasing Agent FROM: Nelly Giron, Acting City Clerk RE: Ordinance No. 1132 - An Ordinance of the City Council of the City of Vernon Approving and 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 Transmitted herewith is a copy of Ordinance No. 1132 referenced above, which was approved by City Council on April 16, 2007. Thank you. NG:dr c: Ordinance No. 1132 Agreement No. 07-033 CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)§ CITY OF VERNON I, Manuela Giron, Acting City Clerk of the City of Vernon, County of Los Angeles, State of California, do hereby certify that the attached is a true and correct copy of: Ordinance No. 1132 An Ordinance of the City Council of the City of Vernon Approving and 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. The original of said record has been retained in the offices of the City Clerk of the City of Vernon, said offices being in the City of Vernon, County of Los Angeles, State of California. IN WITNESS HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, this day of April 2007. SEAL: Acting City Clerk AFFIDAVIT OF POSTING I, Manuela Giron, Acting City Clerk, of the City of Vernon do hereby certify that on the 18th day of April 2007, I did post three copies of the following: ORDINANCE NO. 1132 — An Ordinance of the City Council of the City of Vernon Approving and 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. On each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and publishe in the City of Vernon. Date: ' //� U � ` Manuela Giro Acting City Clerk State of California ) )ss County of Los Angeles) On April 24, 2007 before me, Marisol Trujillo , Notary Public, personally appeared Manuela Giron personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARISOL TRUALO Y Commission * 1684907 "J Notary Public - CcNfomio Los Angeles County ` fury Comm. Expires Apr 18, 201 WITNESS my hand and official seal CERTIFICATE 8 STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES) I, Manuela Giron, Acting City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Vernon, County of Los Angeles, State of California, on this 18th day of April 2007. r SEAL: ft 1Ianuela Giron Acting City Clirk CITY TREASURER'S OFFICE CITY CLERK DISTRIBUTION W01 T WA RTN/ INTER -DEPARTMENT MEMORANDUM Fif& " 9CAD i r4G - APPROVED APR 0 Z '07 CITY COUNCIL DATE: March 27, 2007 gc(-. 00160 AL 96A-01A r APPROVED A PR 16 0, 7 CI1 Y CO NICIL TO: Honorable Mayor Leonis C. Malburg and Honorable City Council Members of the City of Vernon FROM: Sharon Duckworth, City Treasurer RE: Disclosure of Cost Analysis for PERS Contract Amendment (Actuarial Valuation) o�D. II32 Gentlemen: On March 19, 2007, the City Council adopted Resolution No. 9269 declaring its intention to approve an amendment to the PERS contract to provide 3% @ 50 formula (Section 21362.2) for local fire members. A copy of the Summary of Major Provisions supplied by Ca1PERS is enclosed for your review. The City Council will be considering for first reading on April 2, 2007, an ordinance authorizing the PERS amendment. In accordance with Government Code Section 7507, the following future annual costs as determined by the CalPERS System Actuary for the increase in retirement benefits must be made public at the April 2, 2007 meeting with respect to the proposed plan amendment: 1) Change in the Present Value of Benefits $6,175,632 2) Change in the Accrued Liability $4,598,061 3) Change in the Total Employer Rate 6.121% i CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services (888) CalPERS (225-7377) SUMMARY OF MAJOR PROVISIONS 3% @ 50 Formula (Section 21362.2) Local Safety Members SERVICE RETIREMENT To be eligible for service retirement, a member must be at least age 50 and have five years of CalPERS credited service. If provided by the employer's contract, mandatory retirement age for local safety members is age 60. The monthly retirement allowance is determined by age at retirement, years of service credit and final compensation. The basic benefit is 3% of final compensation for each year of credited service upon retirement at age 50. The allowance is limited to 90% of final compensation. Final compensation is the average monthly pay rate during the last consecutive 36 months of employment, or 12 months if provided by the employer's contract, unless the member designates a different period of 36 or 12 consecutive months when the average pay rate was higher. Certain items of special compensation earned during your final compensation period will be included in your final compensation, in accordance with Board regulations. DISABILITY RETIREMENT Members substantially incapacitated from performing the usual duties for the position for his/her current employer, and from performing the usual duties of the position for other CalPERS covered employers (including State agencies, schools, and local public agencies), and where similar positions with these other employers with reasonably comparable in pay, benefits, and promotional opportunities are not available, would be eligible for disability retirement provided they have at least five years of service credit. The monthly retirement allowance is 1.8% of final compensation for each year of service. The maximum percentage for members who have between 10.000 and 18.518 years of service credit is one-third of their final compensation. If the member is eligible for service retirement the member will receive the highest allowance payable, service or disability. If provided by the employer's contract, the benefit would be a minimum of 30% of final compensation for the first five years of service credit, plus 1 % for each additional year of service to a maximum benefit of 50% of final compensation. INDUSTRIAL DISABILITY RETIREMENT Members permanently incapacitated from performing their duties, as defined above under Disability Retirement, and the disability is a result of a job. -related injury or illness may receive an Industrial Disability Retirement benefit equal to 50% of their final compensation. If provided in the employer's contract and the member is totally disabled, the disability retirement allowance would equal 75% of final compensation in lieu of the disability retirement allowance otherwise provided. If the member is eligible for service retirement, the service retirement allowance is payable. The total allowance cannot exceed 90% of final compensation. PRE -RETIREMENT DEATH BENEFITS Basic Death Benefit: This benefit is a refund of the member's contributions plus interest and up to six months' pay (one month's salary rate for each year of current service to a maximum of six months). PERS-CON-52 (rev. 2/05) 1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death Benefit or the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance equal to one- half of the highest service retirement allowance the member would have received had he/she retired on the date of death. The 1957 Survivor Benefit is payable to the surviving spouse or registered domestic partner until death or to eligible unmarried children until age 18. 1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered under social security.) A surviving spouse or registered domestic partner and eligible children may receive a monthly allowance as determine by the level of coverage. This benefit is payable in addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under age 22 and unmarried. Pre -Retirement Optional Settlement 2 Death Benefit: (If provided by the employer's contract.) The spouse or registered domestic partner of a deceased member, who was eligible to retire for service at the time of death, may to elect to receive the Pre -Retirement Optional Settlement 2 Death Benefit in lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount the member would have received if he/she had retired for service on the date of death and elected Optional Settlement 2, the highest monthly allowance a member can leave a spouse or registered domestic partner. Special Death Benefit: A surviving spouse, registered domestic partner, or eligible children or step children may receive a monthly allowance equal to one-half of the final compensation. If the cause of death is due to external violence or physical force while on the job, and there are eligible surviving children in addition to a spouse or registered domestic partner, the allowance may be increased to a maximum of 75%. COST -OF -LIVING ADJUSTMENTS The cost of living allowance increases are limited to a maximum of 2% compounded annually unless the employer's contract provides a 3, 4, or 5% increase. DEATH AFTER RETIREMENT The lump sum death benefit is $500 (or $600, $2,000, $3,000, $4,000 or $5,000 if provided by the employer's contract) regardless of the retirement plan chosen by the member at the time of retirement. TERMINATION OF EMPLOYMENT Members who have separated from employment may elect to leave their contributions on deposit or request a refund of contributions and interest. Those who leave their contributions on deposit may apply at a later date for a monthly retirement allowance if the minimum service and age requirements are met. Members who request a refund of their contributions terminate their membership and are not eligible for any future benefits unless they return to CalPERS membership. EMPLOYEE CONTRIBUTIONS Local safety members covered by the 3% @ 50 formula contribute 9% of reportable earnings. Those covered under a modified formula (coordinated with Social Security) do not contribute on the first $133.33 earned. The employer also contributes toward the cost of the benefits. The amount contributed by the employer for current service retirement benefits generally exceeds the cost to the employee. In addition, the employer bears the entire cost of prior service benefits (the period of time before the employer provided retirement coverage under CaIPERS). All employer contribution rates are subject to adjustment by the CalPERS Board of Administration. PERS-CON-52 (rev. 2/05) Ca1PERS California Public Employees' Retirement System Between the Board of Administration California Public Employees• Retirement System and the City Council City of Vernon The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the 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, October 17, 1986, September 7, 1990, January 19, 1991, September 21, 1991, December 24, 1993, October 30, 1994, July 18, 1997, June 30, 2002, February 6, 2005 and February 3, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective February 3, 2007, 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 55 for local miscellaneous members and local prosecutors and age 50 for local police and local fire 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. Local Prosecutors (included as local safety members); d. 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 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local prosecutor shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local police members only. b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). C. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. d. Section 20042 (One -Year Final Compensation). e. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local prosecutors only. f. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit) for local miscellaneous members and local fire members only. g. Section 20423.6 ("Local Safety Member" shall include local prosecutors, local public defenders, and local public defender investigators as described in Government Code Section 20423.6). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on November 1, 1975. 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. 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. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 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 and local prosecutors. Ic b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 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 fire members. C. 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. 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 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. 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 payments between the employee and the Board. This amendment shall be effective on the 27th day of May 2007 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF VERNON BY aaK.if1 BY LO+MAqTILAND, C IEF PRESIDING OFFIC HiI ario Gonzales, EMR ERVICES DIVISION Mayor Pro-Tem PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPROVED. TO FORM: () ,, n J4VJ A. frrison, City Attorney April 26, 2007 Wit ss Date Atte t: Cler Late Giro , Acting City Clerk AMENDMENT ER# 0209 PERS-CON-702A (Rev. 10\05) CITY ATTORNEY DISTRIBUTION Actuarial & Employer Services Branch P.O. Box 942709 Affk', - Sacramento, CA 94229-2709 Telecommunications Device for the Deaf (916) 795-3240 CaIPERS (888) CalPERS (225-7377) FAX (916) 795-3005 May 23, 2007 Ms. Sahron L. Duckworth City Treasurer City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Ms. Duckworth: Employer Code #0209 Reply to Section 125 The contract amendment has been executed by CalPERS. The effective date of the contract amendment is May 27, 2007. If you have any questions regarding your contract, please do not hesitate to contact our office at (888) CalPERS (225-7377). Sincerely, .�2. (� lirraGz�i Public Agency Contract Services DB:rc Enclosure f �1WNFIIiF. r� CITY ATTORNEY DEPT. California Public Employees' Retirement System www.calpers.ca.gov 4 , 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 21, 2008 Coded Systems Corporation Attn: Ann Marie Six 120 Main Street Avon, NJ 07717 Re: Code Supplement No. 65 containing Ordinance Nos. 1132 through 1145. Dear Ms. Six: As we discussed on the phone, here are the above Ordinances to be codified. ■ 1134 is not included as it is currently being worked on. ■ 1132, 1143, and 1144 are included in the package for your record but are not to be codified. With regards to Supplement 64, just confirming our phone conversation, Ordinance 1107 will remain and Ordinance 1125 should be removed. Once supplement 64 is ready, please forward 50 sets of said supplement to my attention. If you have any questions, please call me at 323/583-8811 ext. 266. Sincerely, An--� el y Gi City Clerk Fr,cfusivefy Industriaf