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Resolution No. 6947 1 RESOLUTIQN NO. 6947 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO POOL 1959 SURVIVOR BENEFITS, ASSETS, AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON 4 5 6 7 WHEREAS, the City Council of the City of Vernon and the 8 Board of Administration of California Employees' Retirement System 9 (now the Public Employees' Retirement System or "PERS" ) entered 10 into a Contract on October 23, 1948 for the City of Vernon and 11 specified employees to participate in said retirement system; and 12 WHEREAS, the City Council of the City of Vernon adopted 13 Resolution No. 6946 on May 6, 1997, expressing its intention to 14 amend said Contract to extend 1959 survivor benefits to local fire 15 members pursuant to Government Code Section 21573; and 16 WHEREAS, said code section requires that the assets and 17 liabilities resulting from such benefits be pooled into a single 18 account with other contracting agencies; and 19 WHEREAS, the PERS Board of Administration has requested that the City Council of the City of Vernon enter into a separate Agreement for the pooling of such assets and liabilities; and WHEREAS, the City Administrator has recommended that said 20 21 22 23 Agreement be approved. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 25 26 SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are 28 true and correct. - - 1 SECTION 2: The City Council of the City of Vernon hereby 2 approves the "Agreement to Pool 1959 Survivor Benefits, Assets, 3 and Liabilities between the Board of Administration of the Public 4 Employees' Retirement System and the City Council of the City of Vernon," a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received and filed by the City Clerk. 5 6 7 8 SECTION 3: The City Council of the City of Vernon hereby 9 authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City Council of the City of Vernon. 10 11 SECTION 4: The City Clerk or his designee is hereby 12 instructed to return two executed copies of said Agreement, 13 together with a certified copy of this resolution, to S. Dawn 14 Evans, Employer Representative, Public Agency Contract Services, 15 PERS Actuarial and Employer Services Division, P. O. Box 942709, 16 Sacramento, CA 94229-2709. 17 SECTION 5: The City Clerk of the City of Vernon shall 18 certify to the passage of this resolution, and thereupon and 19 thereafter the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 6th day of May, 1997. 21 " /~. ,/P~ MALKENHORST, City Clerk 22 23 AT/r 24 BRUCE V. 25 26 27 28 -2- .. ,. .. 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of 2 3 4 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6947 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 6, 1997, and thereafter was duly signed by the 5 6 7 8 Mayor of the City of Vernon. /H/~ 9 ~ 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE V. MALKENHORST, City Clerk -3- 15/1, 69L/~ BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B, BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 58$-2761 KENNETH}. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOlITSR06ENKRANTZ Police Chief FAX: (213) 581-1178 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern Wm, "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 May 29, 1997 CALIFORNIA PUBLIC EMPLOYERS RETIREMENT SYSTEM Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA 94229-2709 ATT: Ms. S. Dawn Evans, Employer Rep. Public Agency Contract Services Dear Ms. Evans: On May 6, 1997, the City Council approved an Agreement to Pool 1959 survivor Benefits Assets & Liabilities. Submitted herewith, in accordance with your letter dated April 4, 1997, are two original executed agreements. As soon as PERS' representatives have executed said agreement please see that it is returned directly to me, as custodian of official records. Thanking you in advance for your attention to this matter. Very truly yours, CIT 'F VERNON 'M~~~. _ /l~) orla J. Or sc(j/~ Chief Depu City Clerk cc: ">fta J. Francone, Personnel Asst. :PERSAgrmtLtr @ / AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON WHEREAS, Government Code Section 21573 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and '" WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City ofVemon and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21573. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF VERNON BY BY~' KENNETH W. MARZION, CHIEF . PItE DING OFFICER MAYOR ACTUARIAL & EMPLOYER SERVICES DIVISION Leo~ C. al~.Jl A~~ PUBLIC EMPLOYEES' RETIREMENT SYSTEM ATTEST: _ ... _p 7/~'/ Bruce V. Malkenhorst City Clerk Date 1Jj1' l'eR) P197 PERS-CON-59 (Rev. 7/96) AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON WHEREAS, Government Code Section 21573 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Vernon and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21573. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF VERNON BY BY~ KENNETH W. MARZION, CHIEF pItES G OFFICER' - IM~YR ACTUARIAL & EMPLOYER SERVICES DIVISION Leor;j}; C. Malb~ PUBLIC EMPLOYEES' RETIREMENT SYSTEM ATTEST: /' <---- V ~ Bruce V. Malkenhorst D t ;nCity Clerk?? a e ~ / '1./ / '7 , PERS-CON-59 (Rev. 7/96) 1 RESOLUTION NO. 6947 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO POOL 1959 SURVIVOR BENEFITS, ASSETS, AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON 4 5 6 7 WHEREAS, the City council of the city of Vernon and the 8 Board of Administration of California Employees' Retirement System 9 (now the Public Employees' Retirement system or "PERS") entered into a Contract on October 23, 1948 for the city of Vernon and 10 11 specified employees to participate in said retirement system; and 12 WHEREAS, the City Council of the City of Vernon adopted 13 Resolution No. 6946 on May 6, 1997, expressing its intention to 14 amend said Contract to extend 1959 survivor benefits to local fire 15 members pursuant to Government Code section 21573; and 16 WHEREAS, said code section requires that the assets and 17 liabilities resulting from such benefits be pooled into a single 18 account with other contracting agencies; and 19 WHEREAS, the PERS Board of Administration has requested 20 that the City Council of the City of Vernon enter into a separate 21 Agreement for the pooling of such assets and liabilities; and 22 WHEREAS, the City Administrator has recommended that said 23 Agreement be approved. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 25 CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are 26 28 true and correct. 1 SECTION 2: The City Council of the city of Vernon hereby 2 approves the "Agreement to Pool 1959 Survivor Benefits, Assets, 3 and Liabilities between the Board of Administration of the Public 4 Employees' Retirement System and the city council of the city of 5 Vernon," a copy of which has been presented to the city Council 6 concurrently with this resolution, and the city Council hereby 7 orders said Agreement to be received and filed by the city Clerk. 8 SECTION 3: The city council of the city of Vernon hereby 9 authorizes the Mayor and the City Clerk to execute said Agreement 10 for, and on behalf of, the city council of the city of Vernon. SECTION 4: The city Clerk or his designee is hereby instructed to return two executed copies of said Agreement, 11 12 13 together with a certified copy of this resolution, to S. Dawn 14 Evans, Employer Representative, Public Agency Contract Services, 15 PERS Actuarial and Employer Services Division, P. o. Box 942709, 16 Sacramento, CA 94229-2709. 17 SECTION 5: The city Clerk of the city of Vernon shall 18 certify to the passage of this resolution, and thereupon and I 19 thereafter the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 6th day of May, 1997. 21 R IT,pnni ~ r. M::I 1 b"r~ 22 LEONIS C. MALBURG, ayor 23 ATTEST: 24 s/Bruce V. Malkenhorst BRUCE V. MALKENHORST, city Clerk 25 26 27 28 -2- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, city Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6947 was duly adopted by the city Council of the city of Vernon at a regular meeting of the City Council duly held 1 2 3 4 5 6 7 on Tuesday, May 6, 1997, and thereafter was duly signed by the 8 Mayor of the city of Vernon. 9 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~/Rrl1(,p" M,qlkE'nhorst BRUCE V. MALKENHORST, City Clerk -3- CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ~ 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 and correct copy of: Resolution No. 6947 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Pool 1959 Survivor Benefits, Assets, and Liabilities Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon. The original of same is on file in the office 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 ~alifornia, this 7th day of May, 1997. SEAL: Clerk :Crtficat BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B, BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 58B-2761 KENNETH J, DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 CITY COUNCIL LEONIS C. MALBURG Mayor Wm. "BILL" DAVIS Councilman THOMAS A, YBARRA Mayor Pro-Tern H, "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 May 7, 1997 CALIFORNIA PUBLIC EMPLOYERS RETIREMENT SYSTEM Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA 94229-2709 ATT: Ms. S. Dawn Evans, Employer Rep. Public Agency Contract Services Dear Ms. Evans: In accordance with your letter of April 4, 1997, I have enclosed the following documents: 1. An original signed certified Resolution of Intention (City of Vernon Resolution No. 6946, 2. An original signed "Certification of Compliance with Government Code Section 7507," and 3. An original signed "Certification of Governing Body's Action. As other relative documents are approved they will be submitted to you. If you have any questions please do not hesitate to contact me. Very truly yours, CITY OF VE~NON 12 ~~}~~t~ c c: pg~~ 'r'11e Reso. #6946 : FormLtr * \ CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 J. CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the . e ~ ~d (gOV~ body) of the e1y ~bli~~ on aI-Ad rJdJ.. /997 which is at least two weeks prior to the adoption of the (date) ,/ Resolution/Ordinance. ~ Clerk/Secretary Q.~ f tHI!F DEPUTY CITY ClERIC Title Date 1rJay- ~ L99} PERS-CON-12A (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P,O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION 1 hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ~ ~ (governing body) ~liC~ge~~ of the on '!yz!iIJ, ~.) 1997 Gt date) Clerk/Secretary \ CHIEF DEPUTY CITY CL[,.d( Title PERS-CON-12 (rev, 1/96) CERT~FICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ~ 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 and correct copy of: Resolution No. 6946 - 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 and the City Council of the City of Vernon. The original of same is on file in the office 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 7th day of May, 1997. SEAL: Clerk :Crtficat 1 RESOLUTION NO. 6946 1. 2 3 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 AND THE CITY COUNCIL OF THE CITY OF VERNON 4 5 6 7 WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public 8 9 Employees' Retirement System (PERS) by the execution of a 10 contract, and sets forth the procedure by which said public 11 agencies may elect to subject themselves and their employees to 12 amendments to said Law; and 13 WHEREAS, the Board of Administration of the PERS and the 14 City of Vernon ~ntered into a contract dated October 23, 1948, effective November 1, 1948, which provides for participation of 15 16 the City of Vernon and its employees in the PERS, and have made amendments to said contract effective April 1, 1956, October 1, 17 18 1960, July 1, 1966, October 1, 1972, May 1, 1974, November 1, 19 1975, December 1, 1976, March 1, 1979, July 6, 1986, October 17, 20 1986, September 7, 1990, January 19, 1991, and September 21, 1991, 21 December 24, 1993, and October 30, 1994; and 22 WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public 23 24 agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a 25 26 summary of the change proposed in said contract; and WHEREAS, pursuant to Government Code section 20471, the 27 amendment to the contract must be adopted by ordinance not less 28 1 than twenty (20) days following approval of the resolution of 2 intention; and 3 WHEREAS, the following is a statement of the proposed 4 change: To amend the PERS contract pursuant to Government Code 5 section 21573, to provide third level of 1959 survivors benefits 6 for local fire members only; and 7 WHEREAS, the "Amendment to the Contract Between the Board 8 of Administration of the public Employees' Retirement System and 9 the City Council of the city of Vernon" restates the original 10 Contract as amended and makes the followlng changes: 11 1. Because of amendments and reorganization of the 12 Government Code sections pertaining to PERS, the section 13 numbers cross-referenced in the Contract have been 14 changed; 15 2. section 7.a. of the Contract has been amended to delete 16 local fire members and section 7.e. has been amended to 17 add local fire members; 18 3. section 10.a. of the contract has been amended to add 19 local fire members; and 20 WHEREAS, an actuarial study was conducted by the 21 California PERS Actuarial and Employer Services Division entitled 22 "Contract Amendment Cost Analysis" dated January 24, 1997, which 23 showed an employer cost increase of $1.50 annually per covered 24 member, but which will result in no current additional cost 25 because of a surplus of assets; and 26 WHEREAS, said actuarial study showed that the cost to 27 each employee will remain at the same cost as for basic coverage 28 or $2.00 per month ($0.93 biweekly); and -2- 1 WHEREAS, said actuarial study and analysis was made 2 public at the meeting of the city Council of the City of Vernon on 3 April 22, 1997; and 4 WHEREAS, the PERS Board of Administration requires the 5 City of Vernon to submit a "certification of Governing Body's 6 Action" (CON-12) and a "certification of Compliance with 7 Government Code section 7507" (CON-12A) prior to the adoption of 8 the ordinance. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The city Council of the city of Vernon does 12 hereby give notice of intention to approve an amendment to the 13 contract between the City Council and the Board of Administration 14 of the PERS, a copy of said amendment being attached hereto as an 15 Exhibit and by this reference made a part hereof. 16 SECTION 2: The City Clerk is directed to place the 17 ordinance approving the contract amendment on the City Council 18 agenda for consideration not less than twenty (20) days following 19 the approval of this resolution. 20 SECTION 3: The city Council of the City of Vernon hereby 21 authorizes the City Clerk or his designee to complete and execute 22 the "certification of Governing Body's Action" and the 23 "certification of Compliance with Government Code section 7507," 24 copies of which have been submitted concurrently herewith, and to 25 return an executed copy of each with a certified copy of this 26 resolution to S. Dawn Evans, Employer Representative, Public 27 Agency Contract Services, PERS Actuarial and Employer Services 28 Division, P. O. Box 942709, Sacramento, CA 94229-2709. -3- 1 SECTION 4: The city Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 6th day of May, 1997. 5 s/Leonis C. Malburg LEONIS C. MALBURG, Mayor 6 ATTEST: 7 s/Bruce V. Malkenhorst 8 BRUCE V. MALKENHORST, City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- J. 1 STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, city Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6946 was duly adopted by the City Council of the 6 City of Vernon at a regular meeting of the city Council duly held 7 on Tuesday, May 6, 1997, and thereafter was duly signed by the 8 Mayor of the City of Vernon. 9 10 s/Bruce V. Malkenhorst BRUCE V. MALKENHORST, City Clerk 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- EXHIBIT 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 I, 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 and October 30, 1994 '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 30, 1994, and hereby replaced by the following paragraphs numbered 1 through 12 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 age 50 for local safety members. 2, Public Agency shall participate in the Public Employees' Retirement System from and after November 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. r.~ ~..._~~. r ~ \'j: ~41J~ 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 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 safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full), 7, 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 fire members only, f. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefic) for local miscellaneous members and local fire members only. r'LEr :4'"0 r.~ ~'....~ ~ r. .", ..... '",";:'\: 8, Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 10834 effective on November 1, 1975. Accwnulated contributions of Public Agency shall be fixed and detem1ined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscell.aneous members and local safety members of said Retirement System, 10. Public Agency shaIl also contribute to said Retirement System as foIlows: a. Per covered member, $1.50 per month on account of the liability for 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 shaIl be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members, b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cove:: 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 an10unt, 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. 11, 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. E'(lC~; j' r', ,.,.. - ~,,:,"~'~-.~ ~~;-~,,~",..n',~~;~ rl~~~~":U PL /."...... ,:. .. .... ... L.;d.--,,' .IL.~. a-,.....I.:. U' \"" .... '00'" "'" ~ ~ . 12. 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 ! day of ,19_, c BOARD OF ADMINISTRATI()N PUBLIC EMPLOYEES' RETIREMENT SYSTEM ~' :t CITY COUNCIL OF THE CITY OF VERNON ~,. BY PRESIDING OFFICER ,~ -:.~ ....~.~.: -: ...~',- ~ "':J ,. I'~'.~~~ ~.~. :.;- ~t! ,.' ','.~ ~. ~:,.. . ......' BY KENNETHW. MARZI<?N, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEE,S' RETIREMENT SYSTEM f.;' <(;." ~~:.:'.':~", " ~ "' ; c :." ( ',':. 1.':: ,.... ,: (I~ Vlitness Date Attest: r,. '.. t -'., (.... /, ~ .' ,r(' ...(:,;> <z'J Clerk AMENDMENT PERS-CON-702A (Rev, 8\96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O, Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 J. CERTIFICA TION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the (governing body) of the (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Clerk/Secretary Title Date PERS-CON-12A (rev. 1/96) / AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. AND THE CITY COUNCIL OF THE CITY OF VERNON WHEREAS, Government Code Section 21573 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and ~ WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Vemon and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21573. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF VERNON BY BY ,/' KENNETH W. MARZION, CHIEF P DING OFFICER ~YOR ".~ ~ ACTUARIAL & EMPLOYER SERVICES DIVISION Leon~ C. al ~ ~ ... PUBLIC EMPLOYEES' RETIREMENT SYSTEM ATTEST: /'1- . _ Bruce V. Malkenhorst City Clerk Date 11/'7 ;' eR,I /- '197 . PERS-CON-59 (Rev. 7/96) CITY COUNCIL LEONIS c. MALBURG Mayor BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B, BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Di~tor of Community Services & Water FAX: (213) 588-2761 KENNETH J, DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Wrn, "BILL" DAVIS Councilman THOMAS A. YBARRA Mayor Pro-Tern H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 May 6, 1997 VIA FACSIMILE & MAIL city Clerk Attention: Gloria Orosco Chief Deputy City Clerk 4305 Santa Fe Avenue Vernon, California 90058-0805 Re: Documents to be Processed.. Prior to Approval' of PERS Contract Amendment Dear Ms. Orosco: On April 17, 1997, Joan Francone sent a memo to the City Administrator to which were attached several documents including the following: 1. Form CON-12, Certification of Governing Body's Action 2. Form CON-12A certification of Compliance with Government Code section 7507 3. Agreement to Pool 1959 Survivor Benefits Assets and Liabilities Copies of those documents are attached, but have also been included with the execution copies of the resolutions. A letter from PERS dated April 4, 1997, instructs the City of Vernon that these three documents along with a Resolution of Intention must be processed and sent .to PERS prior to adopting an ordinance amending the PERS contract. That letter also cites Government Code Section 20471 which specifies that "Approval of the contract shall be by ordinance adopted by the affirmative vote of a majority of the members of the governing body, not less than 20 days after the adoption of the 'resolution of intention....n * Ms. Gloria Orosco May 6, 1997 Page 2 Forms CON-12 and CON-12A are the same forms which were required when the 1994 PERS Contract Amendment was processed. The Pooling Agreement is a new document which has been developed to implement a provision originally contained in Government Code Section 21382.4(f) effective in 1985 and carried over into the reorganized PERS provisions as Government Code section 21573(g): "All assets and liabilities of all contracting agencies subject to this section, and their employees, on account of benefits provided under this article shall be pooled into a single account, and a single employer rate shall be established to provide benefits under this section on account of members employed by a contracting agency which is subject to this section." Directions for processing documents have been included in many resolutions as a matter of practice. If you prefer not to have such instructions in the resolutions, they can hereafter be included in a cover letter. At the request of your office, contracts are normally submi tted concurrently. For that reason the agreement pooling assets was not attached to Resolution No. 6947. A copy of the PERS Contract Amendment is attached to Resolution No. 6946 only because the same procedure has been followed with all previous amendments. If you have any questions, please give me a call. Respectfully, O:~~d' J;;-~ j('Davl Fl~z~imons Attorney JDF:nc Enclosures CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ofthe (governing body) (public agency) on ( date) Clerk/Secretary Title PERS-CON-12 (rev. 1/96) AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL. OF THE CITY OF VERNON WHEREAS, Government Code Section 21573 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; . NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Vernon and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21573. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF VERNON BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Date PERS-CON-59 (Re\'. 7/96) 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, October,l7, 1986, September 7, 1990, January 19, 1991, September 21, 1991, December 24, 1993 and October 30, 1994 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 30, 1994, and hereby replaced by the following paragraphs numbered 1 through 12 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 age 50 for local safety members. 2. Public Agency shall participate in the Public Employees'. Retirement System from and after November 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' . Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said- Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of - said Retirement System except -such in each such class as are excluded by law or ..this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees -other than local safety members (herein referred to as local . miscellaneous members). 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 safety .member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. 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 fire members only. f. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local miscellaneous members and local fire members only. - 8. 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 Goverrunent Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 2084. 9. 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. 10. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $1.50 per month on account of the liability for 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 fire members. b. 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. c. 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. 11. 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. i 12. 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 day of , 19 41'. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF VERNON BY ~ - BY KENNETH . MARZION, CHIEF P SI ING OFFICER Leonis C. Malburg ACTUARIAL & EMPLOYER SERVICES DIVISION Mayor PUBLIC EMPLOYEES' RETIREMENT SYSTEM ~3 ~ 9' Wi ss Date Attest: Clerk Bruce V. Malkenhorst City Clerk APPROVED AS TO FORM ot~ _ ~ - - David B. Brearley City Attorney ~~~t~N~° PE&t5-CON-702A (itev. ~\96) AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS ANI) LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF VERNON WHEREAS, Government Code Section 21573 provides for a single employer rate to be established to provide benefits .under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and \ WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Vernon and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21573. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF VERNON BY BY KENNE W. MARZION, CHIEF P DING OFFICER MAY R ACTUARIAL & EMPLOYER SERVICES DIVISION Leoni C. al PUBLIC EMPLOYEES' RETIREMENT SYSTEM ATTEST: Bruce V. Malkenhorst Date C~ty Clerk PERS-CORT~59 (Rev. `7/96) ~PERS Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA .94229-2709 Telecommunications Device for the Deaf.- (916) 326-3240 (916)326-3420 FAX (9I6) 658-1586 August 21, 1997 Employer Code #0209 Reply to Section 230 Ms. Joan Francone . -Risk Manager City of Vernon 4305 Santa Fe Avenue Vernon, CA 90059 Dear Ms. Francone: -The contract amendment and 1959 Survivor Agreement has been executed by Ca1PERS. The effective date of the contract amendment is July 18, 1997. If you have any questions regarding your contract, please do not hesitate to contact S. Dawn Evans, Employer Representative, at (916) 326-3624. Sincerely, ~ Marlene Schultz Public Agency Contract Services MS:br Enclosure C0308 (Rev. 2/97) California Public Employees9 itetirement System Lincoln Plaza - 400 PStreet -Sacramento, CA 95814