HomeMy WebLinkAboutOrdinance No. 95-O13 URGENCY ORDINANCE NO. 95-013
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 Administration 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 the said agency.
SECTION 3. This Ordinance shall take effect immediately and shall expire in thirty (30)
days. The reason for the urgency is that this measure deals with the finances of the City and must
be effective on or before June 30, 1995 in order to achieve the budgetary savings. If the Ordinance
is not effective by then, the California Public Employees' Retirement System figuress shall expire,
the entire process will have to be repeated and the potential savings may be lost.
PASSED AND APPROVED this 20th day of June , 1995.
YOR
I,ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Urgency Ordinance No. 95-013 was regularly introduced and placed upon its first reading at
a meeting of the City Council on the 20th day of June , 1995 and
adopted by the following vote, to wit:
AYES COUNCILMEMBERS:HARD ISON,MADRID,NARANJO,BEEBE,ALEXANDER
`
NOES COUNCILMEMBERS:NONE
ABSENT COUNCILMEMBERS:NONE
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TY CLERK
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EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF AZUSA
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 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 and April 5, 1994, which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs I through 14 are hereby stricken from said contract as executed effective April 5,
1994, 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 I, 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
PLEASE DO NOT SircsN "EXHI13I1" ONLY"
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 supersedes 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 20334 effective July 1, 1994.
6. The percentage of final compensation to be provided for local miscellaneous members 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 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
21252.1 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
21252.01 of said Retirement Law (2% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance).
b. Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6
(commencing with Section 21380).
c. Section 20024.2 (One-Year FInal Compensation) for local police members only.
d. Section 20818 (Two Years Additional Service Credit).
e. Section 20862.8(Credit for Unused Sick Leave)for local miscellaneous members
and local police members only.
10. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on November 27, 1988.
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. Public Agency shall contribute$2.00 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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.
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 hi 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 , 19 .
l�
BO ' 0 OF ADMINISTRATION CITY COUNCIL i
PU:1.4 EMPLOYEES' RETIREMENT SYSTEM OF THE
1' CITY OF AZUSA 0
BY4 BY
CHIEF A RY Presiding Officer
ACTUARIA ccE �PUBLIC EMPEES' RETIREMENT SYSTEM
Witness Date
Ot' Attest:
AMENDMENT
PERS-CON-702A (Rev. 3/95) Clerk