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ORDINANCE 529ORDINANCE NO. 529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEESt RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the Contract between the City Council of the City of E1 Segundo and the Board of Ad- ministration, California State Employees' Retirement System is hereby authorized, a copy of said amendment being attached here- to, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of E1 Segundo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the E1 Segundo Herald a newspaper of general circulation, published and circulated in the City of E1 Segundo and thence- forth and thereafter the same shall be in full force and effect. Adopted and approved this 28th day of July , 1958. ATTEST: City Clerk 1_ Mayor of the ity egun o, California - 1 - y r�. E X H I B I T A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION STATE EMPLOYEES* RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO The Board of Administration, State Employeesf Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF EL SEGUNDO, 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 No- vember 1, 1947, July 1, 1950, and November 1, 1955, which pro- vides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Wherever in said agreement the word "City" appears, the term "Public Agency" is hereby substituted. B. The following phrase is added to the sentence which constitutes Paragraph Number 1 of said agreement: "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." C. Paragraphs 3 to 16 inclusive are hereby stricken from said contract as executed August 25, 1943, and as amended effective November 1, 1947, July 1, 1950, and November 1, 1955, and are hereby replaced by the fol- lowing paragraphs numbered 3 through 9 inclusive: 3. Employees of Public Agency in the following classes and groups shall become members of said Retirement System except such in each such class and group as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members whose positions are not subject to Federal Social Security coverage (herein referred to as mis- cellaneous Group A members); d. Employees other than local safety members whose positions are subject to Federal Social Security coverage (herein referred to as Group B members. In addition to the employees excluded from member- ship by said Retirement Law, the following employees shall not become members of the Retirement System: NO ADDITIONAL EXCLUSIONS - 2 - I 4. All words and terms used herein which are defined in the State Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members in Group A, age 60 for miscellaneous members in Group B, and age 55 for local safety members. 5. The following provisions shall apply to local safety and miscellaneous Group A members only: a. 1/60 shall be the fraction of final compensa- tion to be provided for each year of credited current service as a miscellaneous Group A member upon retirement at normal retirement age. b. Benefits on account of each year of prior service shall be 100 percent of the fraction of final compensation provided under the Law and this contract for each year of cur- rent service upon retirement for service. c. The following provisions of the State Em- ployees' Retirement Law which apply only upon election of a contracting agency shall apply: (1) Section 21251.1 (providing for a guar- anteed percentage of final compensation for each year of current service as a miscellaneous Group A member). (2) Section 21252.4 (providing for a guaran- teed percentage of final compensation for each year of current service as a local safety member). (3) Section 20024.01 (defining "final Com- pensation" on the basis of a period of 3 consecutive years). (4) Section 21258 (b) (providing a minimum retirement allowance of $720.00 per year subject to certain conditions). (5) Section 21367.51 (providing a $400.00 death benefit upon death after retire- ment) . (6) Section 20024 (providing for inclusion of compensation without limit in com- putations of benefits). (7) Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local firemen, local policemen, or county peace officers). (8) Section 21251.3 (providing for the recal- culation of allowances to persons retired on or prior to July 1, 1950, for time com- mencing July 1, 1950, provided that no allowances are to be decreased by such recalculation. "Final compensation" for such recalculation shall be determined in accordance with Section 20024 instead of 20024.01). - 3 - 6. The following provisions shall apply to miscel- laneous Group B members only: a. 1/60 shall be the fraction of final compensa- tion to be provided upon retirement at normal retirement age for each credited year of cur- rent service subject to the modification set forth in subparagraph nQn below. b. Benefits on account of each year of prior ser- vice shall be 100 percent of the fraction of final compensation provided under the Law and this contract for current service benefits earned by service at the date of membership. c. The fraction of final compensation specified subparagraph 'tan shall be reduced to 1/90 for application to the first $350.00 per month of final compensation in the computation of ser- vice retirement allowances on account of ser- vice credited after the effectivity of member- ship in the Group B classification. d. Any miscellaneous member who, upon retirement for service before age 65, is fully insured under Federal Old -Age, Survivors, and Disabili- ty Insurance may elect to receive the actuarial equivalent of his unmodified service retire- ment allowance in the form of an increased monthly income until he reaches age 65, and a reduced income thereafter in accordance with Government Code, Section 21703. e. The retirement benefits payable upon retire- ment for ordinary disability shall not be af- fected by paragraph 6c of this contract as amended and for the purposes of the limit on any such allowance imposed under Section 21297, Government Code, allowances for retirement for service shall be computed according to the for- mula set out in paragraph 6a of the contract as amended both as to service before and after the effectivity of membership in the Group B classification. All other provisions of this amendment shall be fully applicable to the computation of allowances upon retirement for disability. f. Contributions to be made by miscellaneous Group B members with respect to service rendered af- ter the effectivity of membership in the Group B classification shall be at two - thirds the rate provided in said Retirement Law for the n1/60n formula as that rate applies to compensation which is equal to or less than $350 per month (or its equivalent for any other pay period) and at 100 per cent of such rate as it applies to compensation which is in excess of $350 per month (or its equivalent for any other pay period). g. The following provisions of the State Employeest Retirement Law which apply only upon election of a contracting agency shall apply: - 4 - (1) Section 21251.1 (providing for a guaran- teed percentage of final compensation for each year of current service as a miscel- laneous member). (2) Section 20024.01 (defining "Final Compen- sation" on the basis of a period of 3 consecutive years). (3) Section 21258(b) (providing a minimum retirement allowance of $720.00 per year). (4) Section 21367.51 (providing a $400.00 death benefit upon death after retirement). (5) Section 20025 (providing for inclusion of compensation without limit in computations of benefits) . 7. Public Agency shall contribute to said Retirement System as follows: a. The sum of $25,7$6.14 per annum in installments as Board shall require for 25 years, less the years elapsed between the effective date of this contract and this amendment, on account of the liability for benefits based on prior service. b. 8.923 per cent of total salaries paid by Public gency each month to its employees who are and hereafter become members of said Retirement System, provided that only salary earned as members of said System shall be included in said total salaries. 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 of the periodical investigation and valuation required by law, provided that said amount shall be determined on the basis of the number of em- ployees of Public Agency who are members on July 1 of the respective fiscal years, or with respect to the first year of participation, on the effective date of said participation. d. A reasonable amount as fixed by the Board, pay- able in one installment as 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. 8. Contributions required of Public Agency and its em- ployees shall be subject to adjustment by Board on account of amendments to the State Employees' Re- tirement Law, and on account of experience under the Retirement System, as determined by the periodi- cal investigation and valuation required by said Retirement Law. - 5 - r 9. Contributions required of Public Agency and its em- ployees shall be paid by Public Agency to the Re- tirement System within thirty days after the end of the period to which said contributions refer. If more or less than the correct amount of contri- bution is paid for any period, proper adjustment shall be made in connection with subsequent remit- tances, or adjustments 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. D. This amendment shall be attached to said contract and shall become effective on the day of . Witness our hands this day of BOARD OF ADMINISTRATION STATE EMPLOYEES' RETIREMENT SYSTEM Attest: Executive Officer CITY COUNCIL of the CITY OF EL SEGUNDO B Presiding Officer Attest: er Approved by the Board of Administration, State Employees' Retire- ment System, at the meeting held . STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF EL SEGUNDO I, ___ UNZQ __ III___ CREA ,BQN_______________________ _ 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 ----- ! Qr- dixance------------------------------------ - - - - -- being ---------- Qrdj name __N_a.__$29__________________ _ was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the -------- 28th --- day of -------------- J_ ulyr-------------------------------- 19.5_$__, and that the same was so passed and adopted by the following vote: AYES: and_________________ Mayor... enfield_;----------------------------------------------------------------- - - - - -- NOES: Councilmen-- Nenet------------------------------------------------------------------- - - - - -- ABSENT: Q aur.cilman -- Bake r_•------------------------------------------------------------------ WITNESS my hand and the official seal of said City this___ 2$th_______________day of ------ - - - - -- July--------------------------- - - - - -- 19._5_$.. City Clerk of the City of El Segundo, California (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I EUNICE U. CREASON .................................................... 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 ordinance, being Ordinance No...529........ is a full, true and correct original of Ordinance No..._.529 ........... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM. which 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 ----- $th ..... day of ---------- uly_______________ 9.58 -, and that the same was so passed and adopted by the following vote: AYES: Councilmen --- G4rdoA, --- Freder!ck.,_.Xeschuk ----- and ____________________ .- KaX9r_. DeAfle1ji;--------------------------------------------- ----- - - - - -- NOES: Councilmen --- N' ane; ------------------------------------- - - - - -- ----------------- - - - - -- ---- - - - --- ABSENT: Co.uncxlman.. Bakes.-------------------------------------------------------------------- - - - - -- I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No._S29- -_. was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub- lished therein on the following date, to wit: --- AuZust_. 7_,,___ 1. 95 $----------------------------- City Clerk of the City of El Segundo, California. By-------------------------------------------------------------- (SEAL) Deputy. Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF EL SEGUNDO ) ._. Marion Newcomb .............. .- .............. being first duly sworn, deposes and says: That !6 he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that die was, at, and during all of the time of the publication of the instrument hereunto attached the ............ _.principal -- cje rk Etfi• of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, -trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, race; or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, eallings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and- correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; -that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, a� will appear from an inspection of the said annexed instru- ment; that the Ordinanco No* 529 of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least... ............. ;k .... week ......... by ••- ---............................ nsecutive publication ........I commencing on the -------- %thl• day of ........... August. A. D.195�..., and ending on the nth• day of ........................ Au$ugt ......... I..... A. D. 19.x%8....., and as often during said time as said newspaper was regu- larlyissued, to- wit: . ..- ..... ....................... --..._. ...._.......................... °........ - ......._..• .... ...... ..... August '],195 Subscribed and dssworn to before me this ..� ................ day of ...L A. D. 19..4 �. ........... ................................ ............................... ...... .•------.....-- - City clerk of the City of -El Segundo, County of Los Angeles, State of California. By...... ...................................... ............................... ..................... r Deputy City Clerk of said City.