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ORDINANCE 775ORDINANCE NO. 775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING AN AMEND- MENT TO THE CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOY- EES' 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 Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, 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 El 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 thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the El Segundo Herald a newspaper of general circulation, published and circulated in the City of E1 Segundo and thenceforth and thereafter the same shall be in full force and eff e ct. 1971. ATTEST: PASSED, APPROVED and ADOPTED this 8th day of November, �� J. City Clerk (SEAL) "EXHIBIT A" r w ' •,. -n,,, C0:"Tnm C -i ,�V � �� U BEf.= T BOA,;D DF ADRIINTSTRATTIO d :'U3LIC EM -,0Y—,ES � RETIM' Elves SYSTEM AND THE CITY COUNCIL GOVERINING BODY OF TIM, C TTY OF EL SEGUNDO F:XFTTRTT A l` 10 . 1. The Board of Administration: PLiblic Employees' Retirement System, hereinafter referred to as Board, and the C1'rY WUNCIL Governing Body of the CITY OF EL SEGUNDO, hereinafter referred to as Public Agency, having entered into contract under date of August 25, 1943, effective October 1, 194j, and as amended effective November 11 1947, August 1, 1949, July 1, 1950, November 11 1955, September 11 1958, March 91 1959, November 7, 1964, and October 19, 1963, which provides for participation of Public Agency in said System, Board a nd Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effec- tive October 11 1943, and are hereby replaced by the following paragraphs numbered 1 through 8 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 mis- cellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System _. _4-,. , ,-,lc rcc� as hero ? .Wafter pr ^trided., from and aft'c.r vc:tOu=r l., W�, =Jr j members of said System subject to all provisions of the Public Employees= Retirement Law except such as apply oily 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 elec- tion of contracting agencies. 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 miscellaneous Group A members); d. Employees other than local safety members whose positions are subject to Federal Social Security coverage (herein referred to as miscellaneous Group B members). In addition to the employees excluded from membership by said Retirement Law, the following employees shall not become members of the Retirement wstem: NO ADDITIONAL EXCLUSIONS Bet. Fora: 990 -1 4. The following provisions shall apply to miscellaneous Group A members and safety members only: a. The fraction of final compensation to be provided for each year of credited current service as a miscellaneous member upon retirement at normal retirement age stall be 2% and shall be applied as provided in Section 21251.13 of said Retirement Law. b. The fraction of final compensation to be provided for each year of credited service as a local safety member shall be determined in accord- ance with Section 21252.1 of the Retirement Law. c. Benefits on account of prior service shall. be 100, of the fraction of final compensation specified for miscellaneous members in Paragraph 4 (a) above but computed in accordance with Section 21253 of the said Retire- ment Law and for local safety members shall be 100% of the fraction established in accordance with Paragraph 4 (b). d. Contributions for miscellaneous members shall be subject to Section 20603 and 20602 respectively of said Retirement Law. e. The following additional provisions of the Public Employees' Retirement, Law which apply only upon election of a contracting agency shall apply: (1) Section 21258.1 (providing a minimum retirement allowance of 1200.00 per year subject to certain conditions). (2) Section 21365.5 (providing for a monthly �o:+ance in 1--cu oi' tha basic death benefit for certain survivors of a member who dies in. employment after Qualifying for voluntary service retirement). (3) Section 2.1380 -7 (providing for allowances for survivors of Group A. and local safety members covered under the program upon death before; retirement). (4) Section 20952.5 (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). (5) Section 21251.35 (providing for the recalculation of allowances pay- able for time commencing July 1, 1950 to the amount the persons retired prior to July 1, 1950 would have been receiving if the pro- visions of the contract as amended July 1) _ 1950 had been in effect at retirement. (6) Section 21251.6 (providing for increases in allowances payable for time commencing November 1, 1964 to persons retired prior to January 1, 1962). (7) Section 21251.75 (providing for increases in allowances payable for_ time commencing on the first day of November 1) 1968 to persons retired prior to January 1, 1967)• (8) Section. 21264 (providing upon death of a local safety member who retired for service or industrial disability for the continuation of one-half the retirement allowance to service retirement). Ret. Form 990-2 5. The following provisions shall apply to misce:+.?aneous Group B members only: a. The effectivity of membership in Group B shall be September 1, 1958, or later entry into employment as a miscellaneous member. b. 150 shall be the fraction of final compensation to be provided upon re- tirement at normal retirement age for each credited year of current service as a miscellaneous member subject to the modification set forth in subparagraph (d) below. e. 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 current service benefits earned by service at the date of membership. d. The fraction of final compensation specified in subparagraph (b) above shall be reduced as to service in any period after January 1, 1956 for members covered under the Federal Social Security by one -third as applied to that part of final compensation which does not exceed $400 per month. e. The retirement benefits payable upon retirement for ordinary disability shall not be affected by the modification provided in Paragraph 5 (d) of this contract as amended except that for the purposes of the limit on any such allowance imposed under Section 212g7, Government Code, allow- ances for retirement for service shall be computed according to the formula set out in Paragraph 50). All other provisions of this contract shall be fully applicable to the computation of allowances upon retirement for disability. f. Contribution rates of miscellaneous Group B members shall be subject to Section 20603 and providing for a reduction in rates of contribution as it relates to the first $400 of monthly compensation and 1000 of such rates as they apply to the remainder of the monthly compensation. Contributions of miscellaneous Group B members accumulated as of September 12 195 8 were applied to retroactive payments of contributions for Social Security coverage as provided in Section 20498 Government Code. g. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply: (1) Section 21258.1 (providing a minimum retirement allowance of $1200.00 per year subject to certain conditions). (2) Section 21365.5 (providing for a monthly allowance in lieu of the basic death benefit for certain survivors of a member who dies in employment after qualifying for voluntary service retirement). (3) Section 21251.35 (providing for the recalculation of allowances pay- able for time commencing July 11 1950 to the amount the persons retired prior to July 11 1950 would have been receiving if the pro- visions of the contract as amended July 1, 1950 had been in effect at retirement. Ret. Form 990 -3 (4) Section 21251.6 (providing for increases in allowances payable for time commencing on November 11 1964 to persons retired prior to January 11 1962). (5) Section 21251.75 (providing for increases in allowances payable for time commencing on November 1, 1968 to persons retired prior to January 11 1967). 6. 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) 0.60 percent until June 302 1970 on account of the liability for prior service benefits. (2) 9.22 percent on account of the liability for current service benefits. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said System: (1) 0.10 percent until June 30, 2001 on account of the liability for prior service benefits. (2) 13.543 percent on account of the liability for current service benefits. 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 investi- gation 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 the payroll covering one month of each year to be designated by the System 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, payable in one installment as the occasions arise, to cover costs of special valuation on account of employees of Public Agency, and costs of the periodical investigation and valuation required by law. 7. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retire- ment Law, and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. Ret. Form 990-4 8. 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. 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 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. B. This amendment shall be attached o said December, contract 1d sho11 be effective on the 11th day Witness our hands this 8th day of November BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM GO %TRNING BODY OF THE BY William E. Payne, Executive Officer CITY OF EL SEGUNDO BY Presiding Officer a Attest: ez, R City Clerk ~ (Seal). Ret. Form 990-5 q57(o5_-A- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I JANE D. HOUGH ......... , 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. . 775. . is a full, true and correct original of Ordinance No. ..775 ....... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING AN AMEND- MENT TO THE CONTRACT BE TWEEN THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOY- EES' 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 ..8th ... day of . , Noyember ... . 19.71........ , and that the same was so passed and adopted by the following vote: AYES: Councilmen . 13almer r .Morgan, .Nagel .& Mayox .St?_phPns... . NOES: Councilmen .. None..... . ABSENT: Councilman... McGill . , , . 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. ..775 ... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ..................... JANE D. HOUGH ........... ............................... City Clerk of the City of E1 Segundo, California (SEAL) By . . L./ . ���✓i�t�.- Gera -:iC -! . . . Deputy L{stv 6--r3 Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) W CITY OF EL SEGUNDO ) TaniCe LR... BrRgp ........................................... _................ being first duly sworn, deposes and says: That he is, and a% 'alI of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen yeses, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the .----- - - - - -- ............ r nfipal... Clerk ................................................................................. ............................ . .. ..... ............................... Editor of EL SEGUNDDO H'ERUM, 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, L 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, pr ofessions, trades, callings, races 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, callings, races or denomin- ations, or any of such chases, 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, as will appear from an inspection of the said annexed instru- ment; that the .......... fix'dili.aa(z£ ... Nit.. .... 71 5 ............................................. ......... ...........- .........._....... •. --- .......................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ................ T1Ce...... week -ly., by ...... ne ................... consecutive publication commencing on the ......17........... day of ..... ...................... A. D.....71....... and ending on the .....17....................... day sf ............I�?OVemb.e_ ' . A. D. 1971....., and as often during said time as said newspaper was regu- . -• -- ...... larlyissued, to -wit: ........ .......... Tbx e_ mber.... 17. r -. 1. 9. 71._..........----.............................-.........._......... ............................... .-- - - ------ - - - - -- --• ......... ........................ . .• - -- .................................. .... ............ ... ............................... S Lribq ::and sworn to before me this day of - 1�-- ---- --- - ----• A. D. 19 -71-- �.t.C.tr IV• - - ° - - - --- - City clerk of the City of ffi Segundo, County of Los Aogelea, State of California. By--------------------------------------_...--------------------------------------_.....----- DepL* City Clerk of said City.