Loading...
HomeMy WebLinkAboutORD 753ORD 753pT3(ÌìѽORDINANCE NO. 753 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN PS FOLLOWS: SECTION 1. That an amendment to tne Contract between the City Council of the City of Baldwin Park and the Board of Administration, 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 lerein set out in full. SECTION 2. The Mayor of the City ounci1 is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance sha"F tike effect thirty days from the date of its adoption, and prior to tho e<piration of fifteen days from the passage thereof shall be published at least once in the Baldwin Park Bulletin, a newspaper of general circulation, published and circulated in the City of Baldwin Park and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of June 1977. ATTEST: I-HELMA L. BALKUS. CITY CLERk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 753 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of May, 1977. Thdt, thereafter, said Ordinance was duly approved and adopted at a__ regular meeting of the City ITTT. Council on the 2nd AYES: COUNCILMEN day of June 1)77, by the following vote: KITCHEL, HAMILTON AND MAYOR WALDO NOES: COUNCILMEN ABSENT: COUNCILMEN AGUILAR, BLEWETT b^^^^ THELMA L. BALKUS, CITY CLERK BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽOrdinance No. 753 EXHIBIT A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF BALDWIN PARK The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board and the CITY COUNCIL of the CITY OF BALDWIN PARK, hereinafter referred to as Public Agency having entered into a contract under date of July 7, 1965, effective September 1, 1965, and as amended effective January 1, 1972, which provides for participation of Public in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective January 1, 1972, and are hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1, A11 words and terns used herein which are defined in the Public Employees' Retirei-ient Law shall have the meaning as defined therein unless otherwise specifically provided. Normal retirement age" shall mean aqe 60 for miscellaneous members and age 55 for local safety members. 2- Public Agency shall participate- in the Public Employees' Retirement System from and after September 1, 1965, 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 such as by express provision thereof apply only on the election of contracting agencies. 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 policemen herein referred to as local safety members); b. Employees other than local safety members herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: EXC-UDE LOCAL FIREMEN. EXCLUDE PERSONS COMPENSATED ON A HOURLY BASIS. BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽEXHIBIT A 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member upon retirement at normal retirement aqe shall be 1/50 and shall be applied as provided In Section 21251.13 of said Retirement Law with all servicf prior to the termination of Social Security coverage subject to the modification set forth in said section, 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of said Retirement Law. 6. Public Agency, in accordance wUh Section 20740, Government Code» shall cease to be an employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 7. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall appi:/ to the Public Agency and its employees: a. Section 2095^.2 providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commencing prior to age 55 subject to actuarial discount). b. Section 20024.2 defining final compensation" on the basis of average compensation earnable during the year immediately preceding retirement or any other one year period elected by the member). c. Sections 21380-21388 providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member*s death before retirement). 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: 1) 0.993 percent until June 30, 2000 on account of the liability for prior service benefits. 2) 7.876 percent on account of the liability for current service benefits. 2- BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽEXHIBIT A 3) 1.000 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the public agency shall contribute the following percentages of monthly salaries earned as 1oc^1 safety members of said System: 1) 2.536 percent until June 30, 1985 on account of the liability for prior service benefits. 2) 15.042 percent on account of the liability for current service benefits. 3) 0.500 percent on account of the liability for the 1959 Survivor Program. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the periodical investigation and valuation required by law. provided that said amount shall be determined on the basis of the number of employees of Public Agency who are reported as members on a payroll designated by the System covering one month of each year, or with respect to the first year of participation, on the effective date of said participation. d. A reasonable amount as fixed by Board, payable in one installment ds the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuation required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board en account of amendments to the Public Employees' Retirenent Law, and on account of experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Puolic 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. If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in conncection with subsequent remittances or adjustment on account of errors in contributions required of any employee may b? made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽEXHIBIT A' B. This amendment shall be effective on the 1st day of July, 1977__________. Witness our hands this______________ day of___________ BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF BALDWIN PARK By_______________________ By Carl J. Blechinger, Executive Officer Emmit R. Waldo, Mayor Approved as to Form: Attest: Legal Office, PERSThiTmaT. Balkus, City CletFk" 4- BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽEXHIBIT A" Benefits to Employees Under PERS SURVIVOR BENEFITS Benefits provided by Sections 21380-21388 of the Retirement La//) BENEFITS Survivors of members who elect coverage under the PERS Survivor Program and whose death occurs before retirement w'i 11 receive a monthly life income as follows: Spouse and two or more dependent children $430 or Three or more dependent children, alone Spouse and one dependent child $360 or Two dependent children, a1one1 Spouse, alone, age 62 $180 or One dependent child, at ne If there is no spouse o' depencipnt- rhiid. then $180 to each dependent paren aqe 62) CONDITIONS: 1. A dependent child is one under the aqc- of 18 and unmarried, o1" a disabled child of any ag*^ who has beer continuously disabled since age 18. For purposes o' the 1959 Survivor allowance, a person shall be considered unde1' the aqe of 18 if he is unmarried, full-time student between the ages of 18 and 22.) 2. A spouse ceases to be el ibie for a benefit upon remarriage. 3. A widower will be eligib'e for the same benefit as a widow. 4. A widow or widower) mus"- be married to member prior to the occurrence of the injury or onset o'' the illness which resulted in death 5. The basic death benefit currently included in your retirement program provides that should a member die prior to his retirement, his beneficiary would e paid the member's accumulated contributions plus an additional amount equal to one-month's salary for each year of service, up to a maximum of six months. The above survivor benefits will be payable in addition to any o.isic death benefit the survivor may be entitled to receive. 6. If a member is covered under both tne PERS 1959 Survivor Benefit described above and the survivor benefits as provided in Section 21365.5 1957 Survivors enefit) of the Retirement Law, the survivor will be paid both benefits. BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 753pT3(ÌìѽEXHIBH A' 7. Section 21383 If survivor is entitled to special death benefit and at the same time is entitled to r?ceive a survivor allowance, the survivor allowance payable in any month shall be reduced by the amount of the special death benefit allowance. COST TO THE EMPLOYEE Each employee wilt contribute $2.00 a mon^h in addition to his normal retirement contributions. He will continue to pay this additional amount until either termination of employment or retirement and under no circum- stances will these contributions be refundable, EFFECTIVE DATE These survivor benefits will become effective on July 1, 1977___. All present members of the System will be given the opportunity by written ballot to select this survivor co/erage. Persons who choose coverage will remain covered until they terminate their employment or retire. For agencies not covered under Social Security all future employees would be mandatorily covered under this program. Fo»" agencies who are covered under Social Security all future employees are mandatorily covered under Social Security and, therefore, are not eligible for the PFRS survivor benefits. EXAMPLE Under the PERS survivor program, if a member passes away before retire- ment leaving spouse and four children, spouse would receive a monthly income of $430 until such time as the three oldest children have passed age 18 so that she now only has one child urder the age of 18) at which time her benefit would be reduced to $360. The $360 would continue to be paid until the last child passes the age of 18 at which time the payment would cease until the spouse reaches the age of 62. The spouse would then receive $180 a month for the remainder of his/her lifetime. The spouse ceases to be eligible for the benefit upon remarriage although benefits would continue to any remaining children under the age of 18. For the purposes of the 1959 Survivor allowance, a person shall be considered under the age of 18 if he/she is urm-irried, full-time student between the ages of 18 and 22. BIB] 37960-U01 ORD-U02 753-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32625-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04