HomeMy WebLinkAbout1977 029 CC RESO1977 029 CC RESO8f ;¢fH õ MpeRESOLUTION NO. 77-29
A RESOLUTION OF THE CITY COUNCIL OF
k THE CITY OF BALDWIN PARK DECLARING
ITS INTENTION TO APPROVE AN AMENDMENT
TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK
WHEREAS, the Public Employees' Retirement Law permits the participation
of public agencies and their employees in the Public Employees' Retirement
System by the execution of a contract, and sets forth the procedure by which
said public agencies may elect to subject themselves and their employees to
amendments to said law; and
WHEREAS, one of the steps in the procedure to amend this contract is the
adoption by the legislative body of the public agency of a resolution giving
notice of its intention to approve an amendment to sdid contract, which
resolution shall contain a summary of the change proposed in said contract;
and
WHEREAS, the following is a statement of the proposed change:
1. Provides for allowances for survivors of members covered
under the 1959 Survivor's Program upon the member's
death before retirement.
2. Defines final compensation" on the basis of average
compensation earnable during the year immediately
preceding retirement of any other one year period
elected by the member.
NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of the CITY OF
BALDWIN PARK does hereby give notice of its intention to approve an
amendment to the contract between the CITY COUNCIL and the Board of
Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, marked Exhibit A", and by this reference
made a part hereof.
APPROVED AND ADOPTED this 21st day of April 1977.
ATTEST:
S^L\
THELMA 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 resolution was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at its regular meeting
held on the 21st day of April 1977, by the following vote:
AYES: COUNCILMEN HAMILTON, AGUILAR, BLEWETT, KITCHEL AND MAYOR WALDO_____
NOES: COUNCILMEN
ABSENT: COUNCILMEN
l^^
THELMA L. BALKUS. CITY CLERK
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1977 029 CC RESO8f ;¢fH õ MpeEXHIBIT 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' Retirement Law shall have the meaning as defined
therein unless otherwise specifically provided. Normal
retirement age" shal1 mean aqe 60 for miscellaneous members
and age 55 for local safety members.
2. Public Agency sha'tt 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 alt provisions of the Public Employees' Retirement
Law except such a's apply only on election of a contracting
agency and are not provided for herein and to a11 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.
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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 servici* prior to the teninndtion 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 apply 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.
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3) 1.000 percent on account of the liability for
the 1959 Survivor Program.
b. With resped to local safety members, the public agency
shall contribute the following percentages of monthly
salaries earned as local safety members of said System:
1) 2.536 percent un':-i1 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 b/ 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 s 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 on account of amendments to
the Public Employees' Retirement 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 pe-riod, proper adjustment shall be made in
conncection with subsequent remittances or adjustment on account
of errors in contributions required of any employee may be 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.
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1977 029 CC RESO8f ;¢fH õ MpeEXHIBIT A"
B. This amendment shall be effective or 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. Btechinger, Executive Officer Emmit R. Waldo, Mayor
Approved as to Form: Attest:
Legal Office, PERSThelma L. Balkus, City CleTk"
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1977 029 CC RESO8f ;¢fH õ MpeEXHIBIT A"
Benefits to Employees Under
PERS SURVIVOR BENEFITS
Benefits provided by Sections 21.380-21.i88 of the Retirement La/^)
BENEFITS
Survivors of members who elect coverage under the PERS Survivor Program
and whose death occurs before retirement will receive a monthly life income as
to 11ows:
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, alone?
Spouse, alone, age 62 $180
or
One dependent child, aline
If there is no spouse o' dependent child, then 5-1^0
to each dependent paren aqe 62)
CONDITIONS:
1. A dependent child is one under the aqe of 13 and unmarried, o^ d
disabled child of any ag<? who has beer continuously disabled since
age 18. For purposes o"' the 1959 Survivor allowance, rt person
shall be considered unde1' the aqe of 18 if lie is unmamed, full-time
student between the ages of 18 and 22.)
2. A spouse ceases to be e1'gibte 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 pricr to his retirement, his
beneficiary would se 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
wi11 be payable in addition to any o.asic death benefit the survivor
may be entitled to recei"e.
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
wi11 be paid both benefits.
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7. Section 21383 If survivor is entiMed to special death benefit
and at the same time is entitled to r?ceive a survivor allowance,
the survivor allowance payable in tiny month shall be reduced by
the amount of the special decith benefit allowance.
COST TO THE EMPLOYEE
Each employee will contribute $2.00 a nicn':h in addition to his normdl
retirement contributions. He will continue to pay this additional amount
until either termination of employment o'" retirement and under no circum-
stances wilt these contributions be refundable.
EFFECTIVE DATE
These survivor benefits will become effective on July 1 1^77
All present members of the System will bo given the opportunity by written
ballot to select this survivor co/erage. Persons who choose coverage will
remain covered until they term1na:e 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 chilc'ren, 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 under 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, he spojse 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 ne/she is unmarried, full-time student
between the ages of 18 and 22.
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