CC RESOLUTION 3998RESOLUTION NO. 3998
A RESOLUTION OF 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 EL SEGUNDO
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 procedures to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice to its
intention to approve an amendment to said 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:
To provide Section 21573 (Third Level of 1959 Survivor Benefits) for local
Fire Safety Members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the contract between said
public agency and the Board of Administration of the Public Employees' Retirement System, a
copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part
hereof.
The City Clerk shall certify to the passage and adoption of this resolution; shall enter the
same in the book of original resolutions of said city; and shall make a minute of the passage and
adoption thereof in the records of the proceedings of the City Council of said city, in the minutes
of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 4th day of February 1997.
rSandra Jacobs /Mbyor of the
City of El Se ' Oo, California
ATTESTED:
ndy Mo s n,
/City Clerk (SEAL)
APPROVED AS TO FORM:
(sr Mark Hensley, City Attorn0y h:\co=cil\59sr be . =es
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AGREEMENT TO POOL
1959 SURVIVOR BENEFITS
ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEESRETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO
WHEREAS, Government Code Section 21573 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contracting agencies electing to include the provision of said
Section in their contracts; and
WHEREAS, Government Code Section 21573, requires pooling of all assets and liabilities
of all contracting agencies subject to said Section;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of El Segundo
and its covered employees shall be pooled pursuant to the provisions of
Government Code Section 21573.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
By
Kenneth W. Marzion, Chief
Actuarial & Employer Services Division
Public Employee's Retirement System
Date
h:%wundit595nrben.egr
CITY COUNCIL OF THE
CITY OF EL SEGUNDO
Sandra Jacobs, yor of the
City of El Segqhypro, California
Date February 20, 1997
7 r
ATTESTED
o a Freeman
Deputy City Clerk
. CERTIFICATION
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO 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. 3998 was duly passed and
adopted by the said City Council, approved and signed by the Mayor or said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 4th day of Februarry, 1997, and the same was so passed and adopted by the
following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6th day of February,
1997.
P
4indy M esen, ity Clerk
of the City of El Segundo,
California
(SEAL)
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF EL SEGUNDO
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 October 1, 1943, and witnessed August 25, 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, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982,
April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994 and January 19,
1996 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
iA. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective
January 19, 1996, and hereby replaced by the following paragraphs numbered 1 through
12 inclusive:
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 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 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:
40 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)l
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
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
20305 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 21251.13 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, for members whose service has been included in
Federal Social Security (2% at age 60 Full and Modified).
7. 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 21362 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local
safety members only.
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members.
C. Section 21222,1 (Special 5% Increase - 1970). Legislation repealed said
Section effective January 1, 1980.
d. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said
Section effective January 1, 1980.
0
e. Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
f. Section 20042 (One -Year Final Compensation).
g. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety
members only.
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. Public Agency shall contribute $1.50 per member, per month on account
of the liability for the 1959 Survivor Benefits provided under Section
21573 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 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.
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.
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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
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
KENNETH W. ,MMARZION, CHIEF
ACTUARIAL &EMPLOYER SERVICES DIVISION
PUBLIC^EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT
PERS- CON -702A (Rev. 8V6)
day of _ '19
CITY COUNCIL
OF THE
CITY OF EL SEGUNDO
Witness Date
Attest:
Clerk
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BY
PRESIDING OFFICER
r,
Witness Date
Attest:
Clerk