HomeMy WebLinkAbout651ORDINANCE NO. 651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AUTHORIZING 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
The City Council of the City of Irwindale does ordain as follows:
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, a copy of said amendment being attached hereto, marked
Exhibit, 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 said Agency.
Section 3. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall
be posted, in accordance with law, and thenceforth and thereafter the same shall be in
full force and effect.
PASSED, APPROVED AND ADOPTED this 9 th day of March 2011.
Manuel R. arcia, Mayor
ATTEST:
IL-rn/da J. Kim, MMC
Deputy City Clerk
Ordinance No. 651
Page 1
J. Kim1414p, MMC
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California, do hereby
certify that the forgoing Ordinance No. 651, was duly introduced at a regular meeting of
the City Council held on the 9 th day of February 2011, and was duly approved and
adopted by the City Council at a regular meeting of said Council on the 9 th day of March
2011, by the following roll call vote:
AYES: Councilmembers: Breceda, Burrola, Fuentes, Ortiz, Mayor Garcia
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
} ss.
Dated: March 10, 2011
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 651, adopted by the City Council of the
City of Irwindale at its regfilar meeting held March 9, 2011, to be posted at the City Hall, Library, and Post Office on March 10, 2011.
Aa J. Kim r , MMC
LttiftLicf- ! \I I
iputy City CI rk
Ordinance No. 651
Page 2
CalPERS
EXHIBIT
California
Public Employees' Retirement System
ENDMENT TO CONT -ACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Irwindale
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 22, 1964, and witnessed October 20, 1964, and as amended
effective July 1, 1974, December 21, 1980, March 11, 1984, June 1, 1986, June 13,
1986, June 30, 1993, August 24, 1997, June 10, 2001 and September 8, 2002
which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective September 8, 2002, 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, 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.
LI It1
Li L.e SE DO NoT s
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CalPERS) and its
trustees, agents and employees, the CalPERS Board of
Administration, and the California Public Employees' Retirement Fund
from any claims, demands, actions, losses, liabilities, damages,
judgments, expenses and costs, including but not limited to interest,
penalties and attorneys fees that may arise as a result of any of the
following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different
than the retirement benefits, provisions or formulas provided
under the Public Agency's prior non-CalPERS retirement
program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different
than existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits, provisions, or
formulas that are different than the retirement benefits,
provisions or formulas provided under this Contract and
provided for under the California Public Employees'
Retirement Law.
(d) Public Agency's election to file for bankruptcy under
Chapter 9 (commencing with section 901) of Title 11 of the
United States Bankruptcy Code and/or Public Agency's
election to reject this Contract with the CalPERS Board of
Administration pursuant to section 365, of Title 11, of the
United States Bankruptcy Code or any similar provision of
law.
(e) Public Agency's election to assign this Contract without the
prior written consent of the CalPERS' Board of
Administration.
The termination of this Contract either voluntarily by request
of Public Agency or involuntarily pursuant to the Public
Employees' Retirement Law.
(f)
Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or
to the California Constitution.
(g)
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4. 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).
5. 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
6. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members
shall be determined in accordance with Section 21354 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).
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 21369 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 21362.2 of said Retirement
Law (3% at age 50 Full).
9. Public Agency elected and elects to be subject to the following
optional provisions:
a. Section 20042 (One-Year Final Compensation) for local fire
members and for those local miscellaneous members and local
police members entering membership on or prior to the
effective date of this amendment to contract.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits).
PLEASE DO
c. Section 21427 (Improved Nonindustrial Disability Allowance) for
those members who retired on non-industrial disability after
June 14, 1975.
d. Sections 21624 and 21626 (Post-Retirement Survivor
Allowance).
e. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service).
Section 20475 (Different Level of Benefits). Section 20037
(Three-Year Final Compensation) is applicable to local
miscellaneous members entering membership for the first time
in the miscellaneous classification after the effective date of this
amendment to contract.
Section 20037 (Three-Year Final Compensation) is applicable
to local police members entering membership for the first time
in the police classification after the effective date of this
amendment to contract.
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective
on December 21, 1980. 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 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 miscellaneous members and local
safety members.
9.
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.
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' RETIREMENT .SYSTEM
BY
LORI MCGARTLANLWATEF
EMPLOYER SEICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF IRWINDALE
BY
PRESIDING OFFICER
Witness I;*
c!,c
Attegt
Clerk
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AMENDMENT ER# 556
PERS-CON-702A