HomeMy WebLinkAboutOrdinance No. 2298 ORDINANCE NO. 2298
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF AZUSA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the Contract between
the City Council of the City of Azusa and the Board of Administra-
tion of the California Public Employees ' Retirement System 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 of Azusa is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of said agency.
SECTION 3. Due to the Board of Administration of the
Public Employees ' Retirement System not accepting the City' s
interpretation of the twenty (20) day waiting period between the
resolution of intention to approve the contract amendment and the
adoption of the ordinance so providing, the City must readopt the
ordinance approving said amendment in order to comply with this
20-day waiting period. Accordingly, Ordinance No. 2291 adopted
by the City Council on December 2 , 1985, is hereby repealed upon
the valid adoption of this odinaice.
SECTION 4. Pursuant to Government Code Sections 36934
and 36937, the City Council of the City of Azusa hereby declares
this ordinance to be an urgency ordinance requiring the immediate
enactment thereof because the same is necessary for the immediate
preservation of the public peace, health, safety and general welfare
of the City and its citizens and, accordingly, the provisions of
this ordinance shall become effective at once as an urgency ordi-
nance. The facts constituting such urgency are that the Board of
Administration of the Public Employees ' Retirement System did not
accept the City' s interpretation of the 20-day waiting period
between the adoption of a resolution of intention to approve said
amendment to the City' s contract with PERS and the date of adoption
of the ordinance, thereby prompting PERS to request a subsequent
ordinance adopting the amendment. If the subject amendment is
not approved by urgency ordinance, the City will not be able to
effectively carry out its obligations pursuant to its Memorandum
of Understanding with the Azusa Police Officers ' Association, thereby
adversely affecting the health, safety and general welfare of the
citizens of the community.
SECTION 5. This ordinance shall become effective immedi-
ately upon its adoption.
SECTION 6. The City Clerk shall certify the passage
of this ordinance as an urgency ordinance and shall cause the same
to be published as required by law.
PASSED AND APPROVED this 6th day of January , 1986 .
y MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2298 was duly
adopted and passed as an urgency ordinance at a regular meeting
of the City Council on the 6th day of January , 1986, by the
following vote, to wit:
AYES: COUNCILMEMBERS: CRUZ , COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS : NONE
DO H L S, City Clerk
-2-
EXHIBIT 'A' �•
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
PfFAS CITY OF AZUSA
E DD f`�G cc
The Board of Administration, Pirb��q E loyees' Retirement System, hereinafter
referred to as Board, and the governi* above public agency, herein—
after referred to as Public Agency, having en {It�,into a contract effective
January 1, 1949, and witnessed December 20, 1948, and as amended effective
July 1, 1956, September 1, 1958, March 2, 1959, May 1, 1960, September 3, 1967,
December 22, 1968, July 15, 1973, April 20, 1975, January 18, 1981 and July 1,
1984, 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 July 1, 1984, 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 60 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 January 1, 1949 making its employees as herein—
after 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:
Uf/
ADDITIONAL EXCLUSIONS
U p. .
5. Prior to January 1, 1975,JtT
hd,AgAueders who were hired by Public
Agency on a temporary and/or season/ }}s not to exceed 6 months
were excluded from PERS membership by C tr(9 tF� Government Code
Section 20336 supersedes this contract proviS14 by providing that
any such temporary and/or seasonal employees are excluded from PERS
membership subsequent 'to January 1, 1975.
6. The fraction of final compensation to be provided for local miscel-
laneous members for each year of credited prior and current service
shall be determined.in accordance with Section 21251.13, subject to
the reduction provided therein for service on or after March 1, 1958
and prior to March 31, 1975 for members whose service has been
included in Federal Social Security (2% @ 60 Full and Modified).
7. The fraction of final compensation to be provided for each yezr of
credited prior and current service as a local fire member shall be
determined in -accordance with Section 21252.1 of said Retirement Law
(One-half pay at age 55 Full).
8. The fraction 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. The following additional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor
Allowance).
b.- Sections 21380 - 21387 (1959 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits) for local miscellaneous
members only.
C. Section 20024.2 (One -Year Final Compensation) for local police
members only.
DO
qq
10. Public Agency shall contfi�ufte,to said Retirement System as follows:
a. With respect to local miscel aZAUs- embers, the agency shall
contribute the following percentag1M/k^salaries earned as
members of said Retirement System: jr
(1) 0.217 percent until June 30, 2000 on account of the lia—
bility for prior service benefits. (Subject to annual
change.)
(2) 14.346 percent until June 30, 2000 on account of the lia—
bility for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 0.042 percent until June 30, 2000 on account of the lia—
bility for prior service benefits. (Subject to annual
change.)
(2) 34.331 percent until June 30, 2000 on account of the lia—
bility for current service benefits. (Subject to annual
change.)
C. 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.
d. 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.
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.
12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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.
I
B. This amendment sh be effective on the
19_.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF AZUSA
BY PI�AS� bd r��T B
. /n.. Y
SIDNEY C. McCAUSLAND, lip Presiding Officer
EXECUTIVE OFFICER jy/d/r (NI
y„
Approved as to form:
Witness Date
Attest:
day of
Legal Offic�;j ate— Clerk Date
PERS—CON-702 (AMENDMENT)
(Rev. 9/85)