Resolution No. 5793
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RESOLUTION NO. 5793
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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
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
AND THE CITY COUNCIL OF THE CITY OF VERNON
WHEREAS, the Public Employees' Retirement Law permits
8 the participation of public agencies and their employees in the
9 PERS by the execution of a contract, and sets forth the
10 procedure by which said public agencies may elect to subject
11 themselves and their'employees to amendments to said Law; and
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WHEREAS, the Board of Administration of the PERS and
13 the City of Vernon have entered into a contract dated October
14 23, 1948, effective November 1, 1948 and amendments thereto
15 effective on April 1, 1956, October 1, 1960, July 1, 1966,
16 October 1, 1972, May 1, 1974, November 1, 1975, December 1,
17 1976, March 1, 1979, and July 6, 1986, which provides for
18 participation of the City of Vernon in the PERS; and
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WHEREAS, one of the steps in the procedure to amend
20 this contract is the adoption by the governing body of the
21 public agency of a resolution giving notice of its intention to
22 approve an amendment to said contract, which resolution shall
23 contain a summary of the change proposed in said contracti and
24 WHEREAS, the following is a statement of the proposed
25 change:
26 To provide section 21382.4 (Third Level of 1959
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Survivor Benefits) for local miscellaneous
members only.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the city council of the City of Vernon
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does hereby give notice of intention to approve an amendment to
the contract between the City Council and the Board of
Administration of the PERS, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a
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part hereof.
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SECTION 2: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 17th day of July, 1990.
~t:(~
ATT,Z- / ff/~OMAS A. Y , Mayor
BRUCE V. MALKENHORST, City Clerk
Pro Tem
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5793 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City council duly
held on Tuesday, July 17, 1990, and thereafter duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
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(SEAL)
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AMENDMERT TO CONTRAC'.r
BE'l'WEER 'l'HE
BOARD OF ADMINISTRATION
OF 'l'HE
PUBLIC EMPLOYEES' RE'.rIREMEN'l'
AND 'l'HE
CIft COUNCIL
OF 'l'HE
CIft OF VERNON
SYS'.lEM
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
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b.
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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
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).
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).
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).
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
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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.
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.
EXHI BIT
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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
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BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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BY ,\~
CHIEF, CONTRACT SERVICE~~SION
PUBLIC EMPLOYEES' R~NT SYSTEM
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PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
EXHIBIT
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day of
CITY COUNCIL
OF THE
CITY OF VERNON
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Wi tness Da~~ ~\)\
Attest:~ \J""
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BY
Presiding Officer
Clerk
CERTIPICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of
the Government Code the increase in retirement benefit(s) has
been made public at a public meeting by the City council of the
City of Vernon at least two weeks prior to the adoption of the
final Ordinance.
Date: July 17c1-; 1990
CERTIFICATION OF CITY COUNCIL'S ACTION
I hereby certify that the foregoing is a true and correct
copy of a Resolution adopted by the City Council of the City of
Vernon on July 17, 1990.
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BRUCE V. MALKENHORST, City Clerk
City of Vernon
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-=PERS
. .contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
January 23, 1991
Ms. Joan Francone
Risk Manager/Personnel Assistant
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Ms. Francone:
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JAN 2 8 1991 L!U
Reply to Section 220
Publ i c Ageftb1jY &'MH~J.t$:J/~~Ff'~~FF/e
Contract servicECff'tl.ofiftRNON E
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Employer Code #0209
The contrac.talnendmentand.1959 survivor agreement hasbeenexecllted byou;
office ~_~~_I._01j$ti~i\tv
. '''-~'___:>:;d''i ._.;_~,~., ",-,.". ..,;.., ,:,'-- -:': <c....'_ -'- . c- -. . '. __. ,. ~~...... .:,..~_ .,~_..<..~._''''':.~ ".., ~_, ',. ~ '._ .;. _." . _.' _ '- ._~_;,:t,..JJi,- ",,,,,.;. ""..."0,,,,, -....,.,._ . . . .. . _' _..~_ ,;-;."".,." .'....~
If you have any questions, please do not hesitate to contact Cynthia L. Wiegman,
the Retirement Specialist who has been assisting your agency with its
contract activity at the above address or telephone number.
Sincerely,
~~
Darlene Eredia
Public Agency Contract Services
Contract Services Division
Attachment
C0308
(Rev. 11/88)
California Public Employees' Retirement System
Lincoln Plaza-400 P Street-Sacramento, CA
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);
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 membersh.ip 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.
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.
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
5e..p+e. h"I h(J r , 199..c.L . (!f).....-
'7f1
day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF VERNON
BY
CONTRACT SERVICES DIVI ON
EMPLOYEES' RETIREMENT SYSTEM
~.' ~,.,
BY _,~~ w
Pres d_~ng Off icer ,~.
witness Date
Attest: ,/ ~/
,4._;//, '2-, J,/, /~, //?~
/')---- //Z~4"v/
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
APPROV$D AS TO FORM
BY,,\). \S,. R A QA..~ () ~
DAVID B. ~EY -r
C l'TY ATtm:"\NEY
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AGREEMENT
AUTHORIZING THE RELEASE OF
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
AND THE
CITY COUNCIL
OF THE
CITY OF VERNON
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THIS AGREEMENT is made, entered into and executed in
10 duplicate originals, either copy of which may be considered and
11 used as the original hereof for all purposes this "Z..tL day of
August
, 1990.
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WHEREAS, the City Council of the City of Vernon has
14 adopted a Resolution of Intention to include in its contract
15 with the Board of Administration, Public Employees' Retirement
16 System (PERS), pursuant to Government Code sections 21380-21387,
17 including Government Code section 21382.4, the Third Level of
18
1959 Survivor Benefits for local miscellaneous members; and
19
WHEREAS, Government Code section 21382.4, requires all
20
assets and liabilities of all contracting agencies subject to
21 this section, and their employees who are covered by this
22 section, to be pooled into a single account.
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
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SECTION 1: T hat a c cum u 1 ate d and / 0 r f u t u r e
27 contributions required of the City of Vernon and its covered
28 employees are to be released, pursuant to the provisions of
1
Government Code section 21382.4, to a single account referred to
herein as the Third Level 1959 survivor Benefits Pool.
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CITY OF VERNON
By: ~ Y~~~~r Pro Tem
Date: August 7, 1990
ATTESTED: / /~
BY: K- /~~~
BRUCE V. MALKENHORST, city Clerk
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APPROVED AS TO FORM:
BY: D~ ~~~cl Attorney
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
By[U{Jf"~ kJ1 Q~ ~
CHI F, CONTRACT .. S Vt'cES DIV,it ON
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BRUCE V. MALKENHORST,
~. 'ty Adrninis tr.. 8tar/City. Clerk
On~ B. BREARLEY,
~o/JtI'ttorney
VICWJ"~YJJlS,
.~4r D~~,t';':"
-f". ~"'to, ~~. ~...~. ,/h) f/},
C/~~~JBY'S~T, l/tI\.
O$',~~~hief
LOUlf~g.i.lr~TZ .
pOlicftthre~c~
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Refer to:
~crrY COUNCIL
LEONIS C, MALBURG,Mayor
THOMAS A, YBARRA, Mayor Pro-Tern
Wm, "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK.......,...........,....,...."..583-8811
POLICE DEPT, .............,."."......,..587-5171
FIRE DEPT, ..........................,........583-4821
BUILDING DEPT. ......",..,.........,..583-8811
PUBLIC WORKS DEPT. ,..,....,...583-8811
HEALTH DEPT. .,.........................583-8811
CITY HALL
August 13, 1990.
Cynthia Alameda, Retirement Specialist
Public Agency Contract Services
P.o. Box 942709
Sacramento, CA 94229-2709
Dear Ms. Alameda:
OFFICERS
Please find enclosed required documents relative to amendment to
the City of Vernon's contract to provide Section 21382.4 (Third
Level of 1959 Survivor Benefits) for local miscellaneous members
only.
1. Agreement Authorizing the Release of 1959 Survivor
Benefits Asset and Liabilities.
2. Ordinance No. 990, An Ordinance of the City Council
of the City of Vernon authorizing an amendment to
the PERScontract.
If all documents are in order, please
contracts and other documents necessary
action.
Yours truly,
~ab~
Risk Manager/Personnel Assistant
cc: Bruce V. Malkenhorst, City Administrator
David Brearley, City Attorney
JF:cv
enclosed
1959sur
personnel
forward the actual
for Council's final
Q/
CITY COUNCIL
LEONIS C. MALBURG, Mayor
THOMAS A, YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK .. . . .. . .. .. . . . .. 583-8811
POLICE DEPT. ..............587-5171
FIRE DEPT. . . . . . . . . . . . . . . . . . 583-4821
BUILDING DEPT. . . ... .. . . . ..583-8811
PUBLIC WORKS DEPT, . . . . . . . 583-8811
HEALTH DEPT. .............583-8811
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
LEWIS R. ADAMS,
Director of Water & Power
LARRY SPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
July 30, 1990
j Jv~i,J~'Ta
Cynthia Alameda, Retirement Specialist
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
Dear Ms. Alameda:
Please find enclosed required documents to initiate amendment to
the City of Vernon's contract to provide Section 21382.4 (Third
Level of 1959 Survivor Benefits) for local miscellaneous members
only.
1. Resolution of Intention to amend contract
2. Certification of City Council's Action
3. Certification of Compliance With Government Code Section.
7507
Please contact me if the documentation is incomplete.
Yours truly,
~~
Joan Francone
Risk Manager/Personnel Assistant
cc: Bruce Malkenhorst, City Administrator
David Brearley, City Attorney
enclosed
1959sur
personnel
I
~rrY COlINCIL
TELEPHONES
OFFICERS
LEONIS C. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tern
Wm, "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. VAITS,
Director of Community Services
CITY CLERK........."....."........,.,..,.583-8811
POLICE DEPT, .....".......,.....,........587-5171.
FIRE DEPT,....",..,......,.......,..........583-4821
BUILDING DEPT. ....,...................583-8811
PUBLIC WORKS DEPT. ,...........583-8811
HEALTH DEPT, ......,....,........."....583-8811
LEWIS R. ADAMS,
Director of Water & Power
LARRY SPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
September 24, 1990
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Refer to:
01 ". J ~ ""1 1.1. .}Iijl)!
r p;) CP1. of
@illS
Cynthia Alameda, Retirement Specialist
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
Dear Ms. Alameda:
Enclosed please find necessary documents to complete the proposed
contract amendment to the City of Vernon's contract to provide
Section 21382.4 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
1. Amendment to Contract, Form 702.
2. Certification of Final Action of Governing Body (Form Con-
5) .
Please return a copy of the contract after it has been executed
on behalf of PERS.
;p;:2r?~
Joan Francone
Risk Manager/Personnel Assistant
cc: Bruce V. Malkenhorst, City Administrator
David Brearley, City Attorney
JF:cv
enclosed
1959co
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF VERNON
I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, County of Los Angeles, State of California, do
hereby certify that the attached is a true, complete and correct
copy of:
Ordinance No. 990
the original which is kept on file in the office of the City Clerk
of the City of Vernon, County of Los Angeles, State of California.
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, this 13th day of September 1990.
/y)
i ,&f t:.'l-/ ---k:f:~~--(I""
Gloria J. or~co
Chief Depu;r' city Clerk
SEAL
w-==PERS
Contract Services Division
P,O, Box 942709
Sacramento. CA 94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
DATE:
9/13/90
I hereby certify:
That the
City Council
(Governing Body)
of
the
City of Vernon
adopted
(Public Agency)
on August 7, 1990
(Date)
, by an affirmative vote of a majority of the
members of said Governing Body,
Ordinance No. 990
(Ordinance or Resolution)
No.
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said
Ordinance No. 990
(Ordinance or Resolution)
in the form
furnished by said Board of Administration being attached hereto.
/21)-~ <2-
r Secretary)
City of Vernon
(Public Agency)
PERS-CON-S
C06l4 (Rev. 4/89)
..
CITY COUNCIL
,. LEONIS C. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W, MICHAEL McCORMICK
TELEPHONES
CITY CLERK. . . . . . . . . . . . . . . . 583-8811
POLICE DEPT, ..............587-5171
FIRE DEPT. . . . . . . . . . . . , . . . . . 583-4821
BUILDING DEPT. .. . . . . . . . . . . 583-8811
PUBLIC WORKS DEPT, . . . . . . .583-8811
HEALTH DEPT. .............583-8811
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BRE4.RLEY,
City Attorney
VICTOR H, V AITS,
Director of Community Services
LEWIS R. ADAMS,
Director of Water & Power
LARRY SPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
Hand Delivered
Ms. Gloria Orosco
Chief Deputy City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058-0805
September 4, 1990
Dear Gloria:
Re: PERS Amendment to Contract
Enclosed please find the following documents which I received
from Joan Francone respecting the PERS Amendment to Contract. It
is my understanding that these are the City's original documents:
1. Letter dated August 16, 1990, from PERS explaining what
they need returned to them;
c/o .J D ev/"'/
ot/f!.- -- 2.
-to J~ avJ
czfr "}
Two blue-backed original execution copies of the
Amendment to Contract; and
3. certification of Final Action of Governing Board.
If you have any questions respecting this matter, please do
not hesitate to call me.
DBB:jl
Enclosures
cc: Ms. Joan Francone
Very truly yours,
D~ \71 \I~
David B. Brearley
city Attorney
. ~PERS
Contract Services Division
P.O. Box 942709
Sacramento, CA94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
f"J r:Yt".;:; l"'1r\ I'T~:") r'""\
~J' ",J,."J,Q::::.l,J,.u \'.' , )I.' \1
. '-:1 l
i'l.
AUG 2 1 '1990 IiI!
, ;;'TY~:::"li--I;"r.. f~i~IIJ I
li..,:J, ~l "'~. L"",'~"":!.)
Reply to Sect iOTT""'2'21J..,----~'~--~...-...u...--
Public Agency Contract Services
Contract Services Division
August 16, 1990
EmployerCOde.10209
Ms. Joan Francone
Risk Manager/Personnel Assistant
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Ms. Francone:
We have received the Resolution Of Intention to amend your PERS contract to
provide Section 21382.4 1Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
Enclosed are the following documents necessary to complete the proposed
amendment:
1. Amendment to Contract, Form 702.
2. Certification of Final Action of Governing Body (Form CON-5).
Your agency adopted the Resolution of Intention on July 17, 1990. Therefore,
the ea%liest date the final reading of the Ordinance may be held is August 6,
1990, pursuant to Government Code Section 20460. THERE CAN BE NO EXCEPTIONS
TO THIS LAW.
This amendment requires an adju~tmentin.theamountofmonthly benefit payments
and shall become operative the first of the month following a period of 30 days
after receipt of the final documents in the PERS Sacramento office. Public
Agency Contract Services will notify your agency of the operative date when
the exec:uted copy of the amended contract is returned.
The effective date of this amendment may be as early as the day following the
effective date of the Ordinance. Please insert the effective date on the last
page of the Amendment to Contract.
The following documents must be returned to this office. ORIGINAL SIGNATURES
ARE REQUIRED ON ALL DOCUMENTS.
v'i. Amendment to Contract (FOrm 702), two original executed sets.
~2. Ordinance, original or certified copy.
California Public Employees' Retirement System
UncoIn Plaza-400 P Street-Sacramento, CA
3.
Certification of Final Actibn (Form CON-5), original or certified cbpy.
..........-4 .
Agreement Authorizing the Release of 1959 Survivor Benefits, Assets
and Liabilities, two executed copies.
A copy of the contract will be returned for your records after it has been
executed on behalf ofPERS.
Pleaseccintact me at (916) 326-3615 if you have any questions.
Sincerely,
~d3~/~
Cynthia L. Alameda, Retirement ~pecialist
Public Agency Contract Services
Contract Services Division
CLA:de
Enclosures
.'
cc: Los Angeles Area Office
Emplbyer Services
Field Services Division
CSD-CON-31 (AMENDMENT)
C0407 (Rev. 4/90)
'-
1
ORDINANCE NO. 990
2
5
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")
3
4
6
7
8
WHEREAS, the Publ ic Employees' Retirement Law permits
9 the participation of public agencies and their employees in the
10 PERS by the execution of a contract, and sets forth the
11 procedure by which said public agencies may elect to subject
12 themselves and their employees to amendments to said Law; and
13
WHEREAS, the Board of Administration of the PERS and
14 the city of Vernon have entered into a contract dated October
15 23, 1948, effective November 1, 1948 and amendments thereto
16 effective on April l, 1956, October 1, 1960, July I, 1966,
17 October l, 1972, May 1, 1974, November 1, 1975, December I,
1976, March 1, 1979, July 6, 1986, and July 17, 1990, which
18
19
20
21
provides for participation of the city of Vernon in the PERS;
and
WHEREAS, the city Council of the city of Vernon adopted
22 Resolution No. 5793 on July 17, 1990, which declared its
23 intention to approve an amendment to its contract with the PERS;
24 and
25 WHEREAS, the City Council of the city of Vernon wishes
26 to amend its PERS contract to provide section 21382.4 (Third
27 Level of 1959 Survivor Benefits) for local miscellaneous members
28 only.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
DOES ORDAIN AS FOLLOWS:
SECTION l: 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 northwest corner of 38th Street
northeast corner of Leonis Boulevard
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.
17 City of Vernon, wit:
the to
18
and Santa Fe Avenue, the
19 and Pacific
Boulevard, and
20
21
22
23
24
25
26
27
28
III
III
III
III
III
-2-
1
2
SECTION 7: That this ordinance shall be in full force
and effect thirty (30) days from and after its passage of the
3
same.
4
5
6
7
ATTEST:
8
APPROVED AND ADOPTED this ~ day of August, 1990.
s/Bruce V. Malkenhorst
9 BRUCE V. MALKENHORST, city Clerk
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
s/Thornas A. YhRrrR
THOMAS A. YBARRA, Mayor Pro Tern
1
STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
3
I, BRUCE V. MALKENHORST, City Clerk of the city of
4
Vernon, do hereby certify that the foregoing Ordinancet being
5
Ordinance No. 990, was duly and regularly introduced at a
6
regular meeting of the city Council of the City of Vernont held
7
on Tuesday, July l7, 1990t and thereafter finally adopted at a
8
regular meeting of said City Council held on Tuesday,
9
August
7
1990, and thereafter duly signed by the Mayor of
10
the City of Vernon, by the following vote:
11
12
13
14
15
16
17
18
19
20 (SEAL)
21
22
23
24
25
26
27
28
AYES: 5
councilmen: Malburg, Ybarra, McCormick,
Davis, Gonzales
NOES: 0
councilmen: None
ABSENT: 0
councilmen: None
s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
-4-
04 * *
#'
,,<J
t-~
S-V
~o"\
.\)0
""-~
",~t~
COP Y * * *
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
EMPLOYEES' RETIREMENT
AND THE
CITY COUNCIL
OF THE
CITY OF VERNON
PUBLIC
SYSTEM
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 I, 1948, .and witnessed October 23, 1948, and as amended
effective April I, 1956, October 1, 1960, July 1, 1966, October I, 1972, May 1,
1974, November I, 1975, December I, 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 I, 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 ~afety
members);
EXHIBIT A
-1-
* * * COP Y * * *
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 21261.3' (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
-2-
* * * COP Y * * *
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.
""0. 1 S\GN "EXH\B\'\' Ql'-ll-r
tl\fASE DO ,~
EXHIBIT A
-3-
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 direc~a~ents between the employee and the
Board. ~
B. This amendment shall be effecti~ on the
'~-'
BOARD OF ADMINISTRATION ~~
PUBLIC EMPLOYEES' RETIREMENT~STEM
~
P
* * * COP Y * * *
BY
CHIEF,
PUBLIC
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
EXHIBIT A
-4-
dif
~
BY &'
Presiding Officer ~
.I,
.p
Witness Date ~
c}
~
Q
CITY COUNCIL
OF THE
CITY OF VERNON
Attest:
Clerk