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CC RESOLUTION 2840• RESOLUTION NO. 2840 RESOLUTION OF DUETnION TO APPROVE AN A1104D.MnT TO C01?TRJkCT BEFdEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC E14PLOYEES' RErIRKNEWT SYSTEM AIM TH E C1TY COIGN 1:L OF Tit CITY OF EL SEC; UNDO WHIMEII%S the Publi-c Employees' Retirement Law permits the participation o".4f, public agencies and their employees in the Public Employeest' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees to amendments to said lair; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body -of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change(s) proposed in said contract; and WH-1-11EAS, the -following is a statement of the proposed change(s): Provide as the basic retirement formula for Fire members the Full 21c @ r0 formula instead the present Full. 55 formula, a summary of L Lhe ­ilafor Toro visions of the proposed, formula being attached as an Exhibit. qM'WrOREJ% BE, IT RESOLVERDY that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to tide r- :: contract between the said governing, body and the Board of Administretion of the Public Employees' Retirement Syst-em, a copy of said amendment being attached hereto, es an and by this reference made a part hereof. CITY COUNCIL of the CITY OF EL SEGUNDO 3Y� AT TEST: '1 Namet C;T rk (S E -P, f-,) TVIaLch 21,_1973 (Da'(-,e adopted and approved) CON-1212' (1/-(8) (Title) AWI&AI h APPROVED AS TO FGRj� .:EIBTT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO The Board. of Administration, Public Employees' Retirement System, herein- - after referred, to as "Board ", and the ,governing body of above public agency, hereinafter referred to as "Public Agency ", having entered into a contract under date of August 25, 1943, effective October 1, 1943 and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, and July 16, 1977, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective July 19, 1975 and hereby replaced by the following paragraphs number 1 through 9 inclusive: 1. All >wo::ds and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otberwise specifically provided. "Normal retirement age„ shall mean .age 60 for miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public ,Employees' Retirement System from and after October 1, 1943, 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 provisions 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 Firemen (herein referred to as local safety members); b. Liacal Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). 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 EXCLUSIOUS CON -702 -1 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 age shall be that provided in Section 21251.13 of said Retirement Law with all service prior to Social Security termination September 1, 1958 subject to the reduction provided by said section. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50). 6. The following additional provisions of the Public Employees, Retirenlent Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post-retirement survivor allowance to certain survivors). b. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). C. Section 21222.1 (providing a five-percent increase in allowance to Which the annual cost -of- living provisions apply, payable for time coLumencing on the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or prior to December 31, 1970). d. Section 21222.2 ipproviding a five-percent increase in allowances 1� to which the annual cost-of-living provisions apply, payable for time commencing on the first day of the calendar month coinciding with or next follow-Ing the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or after January 1, 1971 but before July 1, 1971). e. Section 20930.3 (allowing Public service credit under the provisions of Chapter 830, Stats. 1976, for up to four years of continuous military or merchant marine service). 7. Public Agency shall contribute to said Retirement System as follows: as With respect to miscellaneous members, the agency shall contribute tine following percentages of monthly salaries earned. as miscellaneous members of said Retirement Systet,1: (1) 0.350 percent until June 30, 1980 on account of the liability for prior service benefits. (2) 9.260 percent on account of the liability for current service benefits. (3) 0.060 percent on account o,; 1959 Survivor Program. the liability for the CON-702-2 StA • (4) 0.470 percent until August 30, 1978, on account of the liability for the benefits provided under Section 21222.1 and /or 21222.2 of said Retirement Law. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.111 percent until .June 30, 20U1 on account of the liability for prior service benefits. (2) 27.219 percent on account of the liability for current service benefits. (3) 1.130 percent until August 30, 1978 on account of the liability for the benefits provided under Section 21222.1 and /or 21222.2 of said Retirement Law. c. A reasonable amount per annum, as fixed by the 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 of the periodical investigation and valuations required by lair, d. 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 periodical investigation and valuations required by law. 8. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Lacy, and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. 9. Contributions required of Public 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 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, or adjustments on account of errors in contributions required of any employee may be wade by direct cash payments between the employee and the 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. CON -702 -3 ■ I I B. This amendment shall be attached to said contract and shall be effective on the day of 19 Witness our hands this day of 4 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIRE14ENT SYSTEM OF THE CITY OF EL SEGUNDO 7 1 BY Carl J. U I ngeF. Executive -officer BY Presiding Officer Approved as to form: Attest: Legal Office, PERS Clerk I APPROVEiD AS TOFOR11 C014-702-4 14 � 0 t SZI 7UII:Y OF J,aTo1: PI�O','iSIOrfS Local Saf et;.,- ! Iembers - 2," at 50 Fetirement Program k,,onpulsor-T for all emplo,,ees except ti:ose specif icall;; cxc,lu e ;. ??xclssio :-. include; (1) stlecial contract excl.zsions: (2) who �aorl, less than ha.--' time; (3) emnlow-ees who workk half time or more but wl,o will work six nontl- :s or less; (Q temporary or seasonal full-ti-Me e,-plo7,rees •.•rho will work si_.V nont'r :s or less. Six: IG�!I :E;,T The earliest retirement a;e is 50; the nor=mal retirement a�-e is 50; and t'r;e compulsory retirement age is 60. A local safety Member may retire an' time after a.. 50-provided he either has at least 5 ,;Tears of service or has attained "he co=mpulsory ret=irement age. The monthly income is determined by a e at retirement, years of credited service, and "final compensation ". The latter term means the averace monthly salary (excluding overtime) earned Burin- the final 36 consecutive months unless member specifically request another 36 consecutive month period. The unmodified life allowance will be "Z ", of final compensation" for each year of safety service upon retirement are 50 with increasing percentages to a max mum. of 2.7;° at retirement at a;e 55. Service retirement benefit is subject to a limitation of 75' of final compensation. A tinirnum service retirement allowance of <M0 per month is guaranteed upon cOLI ulsory retirement with credit for prior service. DISABILITY iY TIR=11 iiT An employee becomin disabled to the extent that he is incapable of perform -J - hisdaties shall be retired for disability. His disability will be either connected (ind=ustrial disability) or othezairise (nonindustrial disability). An employee who becomes disabled while a member of this System for reasons arising out of his employment, will be eli. -side for a life income of fi.ft -v percent of his final compensation. if his disability is such that he is also entitled to a disability income from Social Security, the State System benefit will be red1.;ced by .the amount of his Social Sec,,wity benefit. 0 Ell LI X60 An employee becominc, disabled for reasons :lot connected With his er. ploy..!er t shall be eli;ihle for disability retirement provided i.e lias ?t 1 -east � years of- service. This disability allowance is equal to I.z, of final compensation for each year of service, with a ;guarantee of 1/3 of final compensation for roost em- lo-rees who have rendered at least. 10 years of. service:. The "ordinar;;r d.i_s- ability" retirement allowance shall under r,o circumstances exceed the service retirement allowance which would become payc.:)l..e to aj;e :--0 if emplo,,rment- coull oe continued to that age. DEATH' B "IIi r ITS (1) Death rsefore_'-f;etirement Basic Death Benefit: This benefit is a refund of the me ~l"uer' accumulated contributions plus six months' salary .provided lie was a member for six years or more. For those ur 1 no die before completing si.x years of membership, the iaene41 -1 t is one month' S salary for each ;yreay. of me.: oerstlip plus refund Of contributions. The salary referred i;o is that earned during the year precedin,_ death. Prior service does not count toward this be efi ­ Industrial ;:each Benefit : if death is service - connected in t ?:e jud�7,;rrient of the Industrial Accident sion, a io:ithl, income is paid to the spouse or life (or until rer<la.rria!e) 1-ristead of the aL-ove 'basic death `;ene:f it. t.0wever, if t.. spoke is also el.i:'ihle for s'.Lrvivor benefits from, `.social Security benefits are payable (usually :ntil_ t,,e �,�'c ngest child react: 11 2 70 "temporary annuity" installments a-,3 an,, ?ne,;efits pa;raale an option chose at retirement. Death After Retirement One -half Continuance provides upon the death of a local safety who has retired for service, or disability, for the continuance c):' one -half the retirement allowance to certain survivors. T3,i iT :1'�TIO?, CI' Ee PLOf l l;T Upon termination of employ _= ent, a member with at least 5 years of service d_a:,- either leave JJs contributions with 't'liRS and receive, upon attaining retirement a -e, the retirement benefit he has earned, or he may withdraw his contributions (plats interest), thus terminating his membership in tl.e Sy stem and receiving no retireriel -, benefits. Exceptions: (1) a member with less than 5 years of service shall not have the privilege of lcavin�, his contributions with the System, but shall auto =matically have his contributions, plus interest, refunded upon ter.aination employment and (2) a member who is transferring to eimpl,o-%;ment with another aflen^ -- w :hich is covered under the System shall not have the r5 ght of withdra;in� his accumulated contributions. 1,:PLOYEE CO'ITRIBUTI0I�33 Each member makes =monthly contributions to t ;e System which are deducted from his salary. The rate of contribution (percenta;_,e of gross pay) is 9: . The employer also contributes toward the cost of the benefits. The amount contributed by the employer for current service retire tent benefits will, on ti -e average, exceed the cost to the employee. in addition_, the employer bears t, ",e entire cost of prior service benefits. All employer contribution rates are subject to revision by t ;e board of Administration. 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDf4 ) I, Valerie A. Burrowes City Clerk of the City of El Segundo, California, ISO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2840 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21st day of March 1978 and that the same was so passed and adopted by the following vote: AYES: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer NOES: Councilmen None ABSENT: Councilmen None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 27th day of March 1978 (SEAL) • 0 City Clerk of the City of El Segundo, California 2 57-11