Resolution No. 91891
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RESOLUTION NO. 9189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING ITS INTENTION TO APPROVE AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF VERNON
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the Public
Employees' Retirement System by the execution of a contract, and sets
forth the procedure by which public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this
contract is the adoption by the governing body of the public agency of
a resolution giving notice of its intention to approve an amendment to
said contract, which resolution shall contain a summary of the change
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21574 (Fourth Level of 1959
Survivor Benefits) for local fire members only.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby give notice of its intention to approve 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, a copy
of said amendment being attached hereto, as an "Exhibit" and by this
reference made a part hereof.
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SECTION 2: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send a certified
copy of this resolution together with a completed "Certification of
Governing Body's Action," and "Certification of Compliance with
Government Code Section 7507" to:
Danielle Brooks
Employer Representative
Public Agency Contract Services
CalPers Actuarial & Employer Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
SECTION 3: The Acting 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.
APPROVED AND ADOPTED this 13th day of December, 2006.
ATTEST:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
THOMAS A. YB RRA, Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9189, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, December 13, 2006, and thereafter was duly signed by the
Mayor Pro-Tem of the City of Vernon.
BRUCE V. ALKENHORST, JR.
Acting City Clerk
(SEAL)
- 3 -
AIRN�
Ca1PERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Ctiy Council
City of Vernon
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
November 1, 1948, and witnessed October 23, 1948, and as amended effective April 1,
1956, October 1, 1960, July 1, 1966, October 1, 1972, May 1, 1974, November 1, 1975,
December 1, 1976, March 1, 1979, July 6, 1986, October 17, 1986, September 7, 1990,
January 19, 1991, September 21, 1991, December 24, 1993, October 30, 1994, July 18,
1997, June 30, 2002 and February 6, 2005 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective February 6, 2005, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and local prosecutors and
age 50 for local police and local fire members.
I
PLEASE D O °5
2. Public Agency shall participate in the Public Employees' Retirement
System from and after November 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Local Prosecutors (included as local safety members);
d. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21362 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 as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local prosecutor shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
QuE D
9. 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).
d. Section 20042 (One -Year Final Compensation).
e. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members and local prosecutors only.
f. Section 21548 (Pre -Retirement Optional Settlement 2 Death
Benefit) for local miscellaneous members and local fire members
only.
g. Section 20423.6 ("Local Safety Member" shall include local
prosecutors, local public defenders, and local public defender
investigators as described in Government Code Section 20423.6).
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members only.
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
November 1, 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. 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.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local prosecutors.
C • •
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. 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.
14. 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
BOARD OF ADMINISTRATION '
PUBLIC EMPLOYEES' RETIREMF#-T SYSTEM
BY
LORI MCGARTLAND, CHI
EMPLOYER SERVICE SION
PUBLIC EMPLOYEE TIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF VERNON
BY
PRESIDING OFF[
e�C vJ
Witness Dates
Attest: t
Clerk
AMENDMENT ER# 0209
PERS-CON-702A (Rev. 10\05)
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
December 21, 2006
a
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f
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4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
Ms. Danielle Brooks
Employer Representative
Public Agency Contract Services
California Public Employees' Retirement System
P. 0. Box 942709
Sacramento, CA 94229-2709
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O'CALLAGHAN
Director of Light & Power
Re: Employer Code #0209; Section 105
Section 21574 (Fourth Level of 1959 Survivor Benefits) for
Local Fire Members Contract Amendment
Dear Ms. Brooks:
In accordance with your letter of November 21, 2006, enclosed
please find the following documents:
1. Certified copy of Resolution No. 9189, together with
original Certification of Governing Body's Action (CON-12) form.
2. Original Certification of Compliance with Government Code
Section 7507 (CON-12A) form.
S' cerely,
Br V. Malkenhorst, Jr.
Acting City Clerk
BVMJR:dr
c: Willard Yamaguchi
Resolution No. 9189
Agreement No. 06-141
ljgjugivel� jubugteixt
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
hereby certify that in accordance with Section 7507 of the Government Code
the future annual costs as determined by the System Actuary for the increase
in retirement benefit(s) have been made public at a public meeting of the
CITY COUNCIL
CITY OF VERNON
on December 20, 2006
(date)
Resolution / Ordinance.
Date 1.-z,2% &,
PERS-CON-12A (rev. 1/96)
of the
(governing body)
(public agency)
which is at least two weeks prior to the adoption of the
Clerk/S cretary
Bruce V. Malkenhorst, Jr.
Acting City Clerk
Title
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-27,09
(888) CalPERS (225-7377)
CERTIFICATION OF GOVERNING BODY'S ACTION
1 hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
CITY COUNCIL
(governing body)
CITY OF VERNON
(public agency)
on December 13, 2006
(date)
t�
Clerk/Secretary
Bruce V. Malkenhorst, Jr.
Acting City Clerk
Title
PERS-CON-12 (rev. 1/96)
of the
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Bruce V. Malkenhorst, Jr., Acting City Clerk of the City
of Vernon, County of Los Angeles, State of California, hereby
certify that the attached is a full and complete copy of:
RESOLUTION NO. 9189 - A Resolution of the City Council of
the City of Vernon Declaring Its Intention to Approve an
Amendment to the Contract Between the Board of
Administration of the California Public Employees'
Retirement System and the City Council of the City of
Vernon
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 21st day of December 2006.
SEAL:
Bruce V. Malkenhorst, Jr.
Acting City Clerk