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HomeMy WebLinkAboutORD 1107ORD 1107pT3(Ì쨆 ORDINANCE NO.1107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF ThE CITY OF BALDWIN PARK AND ThE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the 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, 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 executive said amendment for an 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 twenty 20) days from the passage thereof shall be published at least once in the San Gabriel Valley Tribune, a newspaper of general circulation, published and circulated in the County of Los Angeles and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED THIS 1st day of November 1995. STATE OF CALIFORNIA) COUNTY OF LOS ANGLES) CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No.1107, was regularly introduced and placed upon first reading at a regular meeting of the City Council of the City of Baldwin Park on October 18,1995 That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on November 1, 1995 by the following vote: AYES: MARTINEZ. LOZANO. LOWES, MUSE, MAYOR VARGAS NOES: NONE ABSENT: N()NF. ABSTAIN: GA BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05 ORD 1107pT3(Ì쨆 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20818 In accordance with Government Code Section 20818 and the contract between the Public Employees' Retirement System, the City Council of the City of Baldwin Park hereby certifies that: 1 Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. Payment shall be made of the amount equal to the actuarial equivalent of the difference between the allowance the member receives after receipt of such service credit and the amount the member would have received without such service credit with respect to all eligible employees who retire during the specified period. 3. It has elected to become subject to Section 20818 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unit, as designed by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20818 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Coundl of the City of Baldwin Park hereby elects to provide the benefits of Government Code Section 20818 to all eligible members who retire within the designated period, January 1, 1996 through July 1, 1996. CITY COUNCIL OF C OF BALDWIN PARK BY MAYOR ATTEST AL GAIR DATE BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05 ORD 1107pT3(Ì쨆 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the City Council of the City of Baldwin Park on October 18, 1995 which is at least two weeks prior to the adoption of the Resolution/Ordinance. Date CITY OF BALDWIN PARK BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05 ORD 1107pT3(Ì쨆 EXHIBIT AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMISSION OF THE 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 governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1965 and witnessed July 7, 1965, and as amended effective January 1, 1972, July 1, 1977 and October 9, 1994, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective October 9, 1994, 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 and age 50 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 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 Police Officers herein referred to as local safety members); b. 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: a. FIRE FIGHTERS(; AND b. ALL HOURLY RATED OR HOURLY BASIS EMPLOYEES. BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05 ORD 1107pT3(Ì쨆 5. 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 21251.13 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1971, termination of Social Security, for members whose service has been included in Federal Social Security 2% at age 60 Full and Modified). 6. The percentage 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 21252.01 of said Retirement Law 2% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20024.2 One-Year Final Compensation). b. Section 21382 Basic Level of 1959 Survivor Benefits), pursuant to Article 6, commencing with Section 21380). c. Section 20818 Two Years Additional Service Credit). d. Section 20930.3 Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an employer" for purposes of Section 20759 effective on July 1, 1977. 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. 9. 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. 10. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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. 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. BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05 ORD 1107pT3(Ì쨆I 12. 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 19 BOARD ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF BALDWIN PARK BY BY CHIEF ACTUARY Presiding Officer ACTUARIAL OFFICE PUBLIC EMPLOYEES' RETIREMENT WITNESS ATTEST: CLERK BIB] 37643-U01 ORD-U02 1107-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4305-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1107-U05 NOV-U05 1-U05 1995-U05