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Home My WebLink AboutOrdinance No. 01-O4• ORDINANCE NO. not -o4 • 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 CIT Y OF AZUSA does ordain as follows: SECTION 1. An amendment to the contract between the City Council of the City of Azusa 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 of the City of Azusa is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3. 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 Ordinance. The facts constituting such urgency are that the City may be at risk due to its inability to effectively carry out its obligations pursuant to its Memoranda of Understanding with the Azusa Police Officers' Association, thereby adversely affecting the health, safety and general welfare of the citizens of the community. SECTION 4. This Ordinance shall become effective immediately upon its adoption and shall be in effect for thirty days. SECTION 5. The City Clerk shall certify th4 Ordinance and shall cause the same to be published PASSED AND APPROVED this 4"' fvVky ATTEST: CITY CLERK OF THE CITY OF AZUSA STATE OF CALIFORNIA) SS COUNTY OF LOS ANGELES) of this Ordinance as an Urgency d by law. F THE CITY OF AZUSA I HEREBY CERTIFY, that the foregoing Urgency Ordinance was dully adopted and passed at a regular meeting of said City Council on the 4th day of June, 2001 , by the following roll call vote: AYES: COUNCIL MEMBERS: Hardison, Stanford,Rocha, Madrid NOES: COUNCIL MEMBERS: Chagnon ABSENT: COUNCIL MEMBER 'None CITY CLERIC OF THE CITY OF AZUSA CAPERS California Public Employees' Retirement System -*1- 'EXHIBIT' - ----- ff ,711 \�� \Il _ :_A► I I (� C_ �I _lam Bet-yveen the Board of Administration California Public Employees' Retirement System and the City Council City of Azusa 'EXHIBIT' 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 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, July 1, 1984, January 12, 1986, February 7, 1988, November 27, 1988, April 5, 1994, June 30, 1995, April 4, 1996, July 14, 1996, May 8, 1997 and June 17, 1997 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 June 17, 1997, 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 January 1, 1949 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. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 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 on and after January 1, 1956, the effective date of Social Security coverage, and prior to March 31, 1975, 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 21366 of said Retirement Law (One-half pay 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). The required member contribution rate is 9% of reportable compensation. 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. 0 0 C. Section 20042 (One -Year Final Compensation) for local police members only. d. Section 20903 (Two Years Additional Service Credit). e. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members and local police members only. f. Section 20692 (Employer Paid Member Contributions Converted to Payrate During the Final Compensation Period) for local miscellaneous members and local police members in the following groups and for the specified percentage: 7% Local miscellaneous members. 9% Local police members. 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on November 27, 1988. 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 police 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. 0 0 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 SYSTEM CITY OF AZUSA P1 M KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk I AMENDMENT PERS-CON-702A (Rev. 8\96)