HomeMy WebLinkAbout470ORDINANCE NO. 470
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE AUTHORI2ING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF IRWINDALE AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND A DECLARATION
OF THE FACTS CONSTITUTING TEE URGENCY IN
SUPPORT THEREOF.
The City Council of the City of Irwindale does ordain:
Section 1: That an amendment to the contract between
the City Council of the City of Irwindale and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, the form and content of such amendment being
attached hereto as Exhibit "1" and is hereby incorporated by
reference as if fully set forth herein.
Section 3.: The Mayor is hereby directed to execute
such amendment on behalf of the City Council and the City Clerk
is hereby directed to attest to the same.
Section 1: Pursuant to the provisions of California
Government Code Section 36937(b), this City Council deems this to
be an urgency ordinance which shall take full force and effect
immediately upon adoption by a four-fifths vote of the City
Council. Such determination is based upon the demonstrable fact
that the City will be potentially required to expend greater sums
to accomplish the purposes of this ordinance if such ordinance is
not effective on or before June 30, 1993. State law governing
pension benefits and the Public Employees' Retirement System
establishes mandatory procedures which cannot lawfully be
f
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concluded in less than twenty-one calendar days (California
Government Code Sections 7507 and 20460). The Contract Services
Division of the Public Employees' Retirement System, by letter of
May 28, 1993, informed the City of the necessary condition
precedents to the amendment of the contract and, further, gave
notice that the cost would be potentially increased by an unknown
amount. The fiscal status of the City is such that all
minimization of costs is necessary so as to maintain the greatest
availability of funds for municipal purposes. The public health,
safety and welfare will be enhanced by the greater availability
of funds by and for the City. The timely adoption of the
ordinance authorizing the amendment will be in the best interests
�^ of the City and thereby supports the determination and
declaration of an urgency measure.
Section 4. The City Clerk is directed and shall
certify to the adoption of this Ordinance and shall cause the
same to be published as required by law.
ADOPTED AND APPROVED this 29th day of June
1993.
F
I, Camille Diaz Deputy, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced, an an Urgency Ordinance, at a special meeting held
on the 29th day of June, 1993, and was approved, passed, and
adopted by the Irwindale City Council -by -the following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P., Breceda,
Barbosa and Diaz
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST: 4CIyMlerkof
th
City of Irwindal
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�, Nvr COPY
SE Npt 501t, AMENDMENT TO CONTRACT
00 BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF IRWINDALE
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 22, 1964, and witnessed October 20, 1964, and as amended effective
July 1, 1974, December 21, 1980, March 11, 1984, June 1, 1986 and June 13, 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 June 13,
1986, 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 entering
membership on or prior to the effective date of this amendment, age 60 for those
miscellaneous members entering membership after the effective date of this amendment,
age 55 for local fire members and age 50 for local police members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after November 22, 1964 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:
a. ELECTED OFFICIALS.
PLEASE DO NOT SIGN "EXHIBIT ONLY'
5. The percentage of final compensation to be provided for those local miscellaneous
members entering membership on or prior to the effective date of this amendment to
contract, for each year of credited prior and current service shall be determined in
accordance with Section 21251.132 of said Retirement Law, subject to the reduction
provided therein for service prior to March 31, 1977, termination of Social Security, for
members whose service has been included in Federal Social Security (2% at age 55 Full
and Modified).
6. The percentage of final compensation to be provided for each year of credited prior and
current service for those local miscellaneous members entering membership after the
effective date of this amendment to contract shall be determined in accordance with
Section 21251.13 of said Retirement Law (2% at age 60 Full).
7. 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
21252.6 of said Retirement Law (2% at age 55 Full).
8. 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
21252.01 of said Retirement Law (2% at age 50 Full).
9. Public Agency elected to be subject to the following optional provisions:
a. Section 20024.2 (One -Year Final Compensation).
b. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits).
C. Section 21298 (Improved Non -Industrial Disability Allowance) for those
members who retired on non -industrial disability after June 14, 1975.
d. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
e. Section 20818 (Two -Years Additional Service Credit) for local miscellaneous
members only.
f. Section 20461.6 (Different Level of Benefits). Section 21251.132 - 2% a 55 is
not applicable to local miscellaneous members entering membership after the
effective date of the amendment to contract.
10. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on December 21, 1980.
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.
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. 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.
b. 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 day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SY OF THE
CITY OF IRWINDALE
BY X1 BY
CHIEF, CONTRACT SERV DIVISION
PUBLIC EMPLOYEES'IREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
A.
Presiding Officer ew
Witness Date
0~
Attest:
Clerk
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