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Resolution No. 4184 ......:..; , . 1 RESOLUTION NO. 4184 - 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON OF INTENTIO TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF -ADMINIS- :5 TRATION OF THE PUBLIC EMPLOYEES' RETIRltMENT SYSTEM AND 'rHECITY COUNCIL OF THE CITY OF VERNON 4 5 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS: - 6 WHEREAS, the Public Employees' Retirement Law permits the 7 participation of public agencies and their employees in the Public 8 Emp loyees' Retirement System by the execution of a contract, and 9 sets forth the procedure by which said public agencies may elect 10 to subject themselves and their employees to amendments to said 11 law; and 12 WHEREAS, one of the steps required in the procedure to 13 amend this contract is the adoption by the legislative body of 14 the public agency of a &esolution giving notice of its intention 15 to approve an amendment to said contract, which Resolution shall 16 contain a summary of the changes proposed in said contract; and 17 WHEREAS, attached is a summary of the major provisions 18 of the proposed plan; 19 20 NOW, THEREFORE, BE IT RESOLVED: SECTION 1: That the City Council of the City of Vernon 21 gives, and it does hereby give, notice of intention to approve an 22 amendment to contract between said City Council and the Board of 23 Administration of the Public Employees' Retirement System, a copy 24 of said amendment and a stlmPJary of the major provisions of the 25 proposed change being attached hereto, marked Exhibits "An and 26 "B", and by this reference made a part hereof. 27 SECTION 2: The City Clerk of the City of Vernon shall 28 certify to the passage of this Resolution and thereupon and there- 29 after the same shall be in full force and effect. 30 31 32 ADOPTED AND APPROVED this 6th day of November, 1973. C./ ' - .A".,? ~~?~~ j =: . . LeonisC.M burg, Mayor Pro Tempore ~ ; . '. : ',City Clerk ^~ ot " ~.",.. .. j .. EXHIBIT A ,... .. AMF..NDr!.ENT TO conTRACT BET',VE~ THE BOARD OF A,D~,mn':ST?ATIOIi PUBLIC E:.JPLOYEES' RETI1Ei,~ENT SYSTEM AUD Till: ~ ' Vi;' ., \.~... ('~.; 1 Ai -r.'_ ,) '. . ~'\ .( . .. .c,.":J CITY COUliCIL OF THE CITY OF VEillTON ,,' ... ill' " ". . r . V ./ .;; .,~ ..,i .;1' The Board of Adninistration, Public Employees' Retirement System, hereinafter referred to as PAJard end the CITY COUliCIL of the CITY OF v-s.:mo:'l, hereinafter referred to as Public A~ency r~vinz entered into a con~Tact underda~e of October 23, 1948, effective November 1, 1948, and as amended effecti~e April 1, 1956, October 1, 1960, July 1, 1966, and October 1, 1972, Rnd as provided by C~2.pters 170 and 316, Sta~tes of 1971, which provide for participatio:J. of Public Agency in said System, Boarci &'1d Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effectj.ve liovember 1, 1948, and are hereby replaced by the follo?nng para- graphs numbered 1 through 8 inclusive: .. 1. All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall haye ~he mear..ing as defined therein unless otherwise speCifically provided. lINom.al ~etirement age" shall mean age 60 for miscellaneous members, age 55 for local policemen, and age 50 for local firemen. 2. Public Agency shall participate in the Public Employees' Retirement System fron and after November 1, 1948, makL~g its employees as here- inafter provided, members of said system subject to all proviaioTIa of the Public Employees' Retirement La-.v except such as ~ply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provision thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). The follovr~g employees shall be excluded from membership in said Retirement System: NO ADDITIONAL EXCLUSIONS Exhibit "A" Ret. Form 702-1 " ... "" .. . .4 A " .. '~ '/':;,~ j 4. ~h~ fraction of final conpensation to be provided ~or each year of credited prior and current serv~ce ~s a miscellaneous member upon retirement at nor:n..al retirement age shall be that provided in Section 21251.13 of said Retirement Law. 5. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contractir~ agency shall apply to the Public Agency a-Tld its enployees: a. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety Demoer shall be that provided in Section 21252.1 of said Retire:1ent Law for local policemen and Section 21252.01 fo;;:, local firemen. b. Section 21380-7 (providing for allo....ranees for survivors of reenbers covered under the prograc upon death before retirement). c. Section 21263 (providing upon death of a local miscellaneous and safety member ,'.'ho re tired for r;ervice or dis3.'t;i.li ty for the con- tinuation of one-half the retirement allowance to certain survivors). 6. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contri- bute the fOllOwing percentages of uonthly salaries earned as miscellaneous members of said System: (1) 0.40 percent until June 30, 2000 on account of the liability for prior service benefits. (2) lO.21 percent on account of the liability for current service benefi te. (3) l.39 percent on account of the liability for the 1959 Survivor p-rogram. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local eafety members of said Sys1;em: (1) '). S!+S ::,ercent until June 30, 200'J on account of the liability for prior service benefits. '(2) 20.297 percent on account of the liability for current service benefi ts. (3) .145 percent on account of the 11abili ty for the 1959 Survivor program. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said Sys tem as i t ~..ffec'ts the emoloyees of l.:>uolic Agency, not includir~ the cOs~S of ~pecial valuations or or the periodical investigation and valuation required by law. Ret. Form 702-2 ./ / .' ~ d. A reasonable amount as fixed by the Board, payable in one instaJ.l- ment as ~~e occasior.s arise, to cover costs of special valuations on account of e~ployees of Public Agency, and costs of tie period- ical investigation and valuation required by law. 7. Contributions required of Public Agency and its employees shall be subject to adjustment oy Eoard on account of amenillments to ~c Public .E:mployees' Retirement Law, and on account of the experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. 8. Contributions reqtured of Public Agency ~~d its employees shall be paid by Public Agency to the Hetirement System. wi thin thirty days after the end of t.i-J.e period to which said con tri ba tions refer. If more or less than the correct ~j.Dunt of contribution3 is paid for any period, proper ad,iustment shall be m:1.de in connection with CLtb- sequent re;:rl. tt~"1ces, or adjus't'.:wnts on account of errors in con-cri- butions required of any e=:ola,:ree and Board. Payments by Public Agency to Board n<-'1.y be made in the :::'O::"ill of warrants, bank checks, bank ciro.::'<;s, certified cheeks, money orders, or cash. B. Th:i.s amendment shall be attached to said contract and shall become effective on the day of . Witness our hands this day of . BOARD OF Am,rrnrSTRATIOU PUBLIC EMPLOYI.;ES I RETlflE:,lENT SYSTEM CITY COUnCIL OF THE CITY OF VERNON BY William E. Payne, Executive Officer BY Presiding Officer . Attest: Clerk Ret. Fora. 702-3 v #' ... ... EXHIBIT B .. SUHHARY OF ~1AJOR PROVISIONS Local Firemen - - - - 2% at 50 Retirement Program f.1E1'-tBERSHIP 4 ~!'embership is co~pulsory for all e~ployees, other than elective officials, who arc enployed or.e-half ti;;:e or more except those excluded under the contract. SERVICE RETIPP'!E~;T The earliest retirement age is 50; the normal retirement age is 50~ and the compulsory retireoent age is 60. A Local Fireman may retire any time after age 50 provided he has at least 5 years of service. ,j The monthly income is determined by age at retirement. years of credited service, and !lfinal compensaticn". The latter term - means the average monthly salary (excluding overtime) earned during the final 36 consecutive months unless member specifically requests another 36 consecutive month period. The unmodified life allowance will be ':2% of final compensation:' for each year of safety service upon retirement at age SO with increasing percentages to a maximum of 2.7% at retirement at age 55. Service retirement benefit is subject to a limitation of 75% of final compensation. .. A minimum service retirement allowance of SIOa per month is guaranteed upon compulsory retirement with credit for prior service. DISABI UTY RETIPD1ENT An employee becoming disabled to the extent that he is incanable of performing . his duties shall be retired for disability. liis disability \...i11 bc either e:1iplo~ent , , . connected (industrial disability) or otherwise (nonindustrial disability). ... An employee who becomes disabled while a ~eDber of t~is SystCD for reasons arising out of his c:.'.p1 oy::1cnt , \'li11 be eligible for a life inccme of fifty (50g..i) !1er- cent of his final co~ncnsation. If his dis~bilitv is s~ch that he is also cntitled to a disability income from Social Security, the ~tatc System bencfit will Le reduced by the amount ~f his Social Security benefit. . Exh ib it "8" ,,- /. ..,. An employee becoming disnbled for reasons not connected with his employment shall be eligible for disability retirement provided he has at least 5 years of service; such disability allowance is eq11al to 1.8% of final compensation for each year of service, with a guarantee of 1/3 of such final compensation for most employees who have rendered at least 10 years of service. The "ordinary" disability retirement allowance shall under no circ~stances exceed the service retirement allowance which would become payable at age 60 if employment could be continued to that age. DEATH BENEFITS Death Before Retirement Basic Death Benefit This benefit is a refund of the member's accumulated contributions plus six months' salary provided he has been a member for six-years or nore. For those who die before completing six years of membership, the benefi t is one month I s salary for each year of membership plus refund of contributions. The salary referred to is that earned during the year preceding death. Prior service does not count toward this benefit. Industrial Death If death is service-connected in the judgment of the Industrial Accident Commission, a monthly income is paid to the widow for life (or until remarriage) instead of the above basic death benefit. However, if she is also eligible for survivor benefits from Social Security because of the T'i1ember's death, the State system benefit will be reduced by the amount of such Social Security so long as Social Security benefits are payable (usually until the youngest child reaches 18 a."1d after the widow reaches age 62). The total, including .social Security, would be 50% of "final compensation". If death was caused by external violence or physical force, the total benefit (including Social Security) would be increased to the follow- ing percentages of "final compensation" so long as the widow lives and does not remarry: Widow with 3 or more children under 18 Widow with 2 children under 18 Widow wi th 1 child under 18 75% 70% 62~ 1957 Survivor Benefit Employees with 5 or more years of service who have reached the minimum age for service retirement have further death protection under this item. Here the surviving widow can elect to receive either the basic death benefit or a monthly income equal to one-half the unmodified retirement allowance the employee was eligible for on the date of his death. The monthly incone lasts until the widow's death or remarriage with a guarantee that the System will pay as much as under the basic death benefit. 1959 Survivor Benefit A mcnthly allowance shall be paid to certain sur- vivors of a member who dies before retirement. ../ .; . , . ,,,. t "" '.:., ... Death After Retirement . The death benefit is $500. This is in addition to any payments which might be made under an optional retirement benefit chosen by the member at retirement. One-half Continuance provides upon the death of a local safety member who has retired for service, or disability, for the continuation of one-half the retirement allovance to certain survivors. TERMINATION OF EMPLOYMENT Upon termination of employment, an employee with at least 5 years of service may either leave his contributions with the System and receive, upon attaining retirement age, the retirement benefit he has earned, or he may withdraw his contributions (plus interest), thus terminatin~ his membership in the System and receiving no retirement benefits. Except, (1) a member with less than 5 years of service shall not have the privilege of leaving his contributions with the System, but shall automatically have his contributions, plus interest, refunded upon termination of employment, and (2) a member who is transferring to employment with another agency which is covered under the System shall not have the right of withdrawing his accumulated contributions. EMPLOYEE CONTRIBUTIONS Each member makes monthly contributions to the System which are deducted from his salary. The rate of contribution (percentage of pay) is 9% of salary earned, exclusive of overtime, on the date this formula becomes effective. The employer also contributes toward the cost of the benefits. The amount con- tributed by the employer for current service retirement benefits will, on the average exceed the cost to the employee. In addition, the employer bears the entire cost of prior service benefits, the industrial death and disability benefits. All contribution rates are subject to revision by the Board of Administration. ./ 6il !I 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "..M .. ..' L.. .. ' I 1 I STATE OF CAL IFORNIA 21 31 4 ) ) COUNTY OF LOS ANGELES ) ss. I, F. A. ZIEMER, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing resolution, being Resolution No. 4184 ,was duly adopted by the City Council of the City of Vernon, and approved by the Mayor of said City, at a regular meeting of the City Council held on November 6, 1973 ~, City Clerk