HomeMy WebLinkAbout2000-314
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2000-314
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RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM'
AND THE
CITY COUNCIL
CITY OF SAN BERNARDINO
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 procedures 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 of
its intention to approve an amendment to said contract, which resolution shall contain
a summary of the changes proposed in said contract; and,
WHEREAS, the following is a statement of the proposed change:
To provide Section 21354 (2% @ 55 Full formula) for local
miscellaneous members,
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of
San Bernardino does hereby give notice of intention to approve an amendment to the
contract between said City of San Bernardino and the Board of Administration of the
Public Employees' Retirement System, a copy of said amlilndment being attached
hereto, as "Exhibit A " and by this reference made a part hereof,
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2000-314
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a Joint Regular
meeting thereof, held on the 16th day of October 2000, by the following
vote to wit:
COUNCllMEMBERS AYES NAYS ABSENT ASTAIN
ESTRADA x
LIEN x
MC GINN IS x
SCHNETZ x
SUAREZ x
ANDERSON x
McCAMMACK x
~ruJd eJlVLb
~O hel Clark, ~~y J... J.J\iili L
The foregoing resolution is hereby ap~rOVe~day of October ~,"
Approved as to
Form and legal content:
JAMES F. PENMAN
City Attorney
By:
2000-314
A
. -
CalPERS
"
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of San Bernardino
.
The Board of Administration, California Public Employees' Retirement System, hereinafter referred
to as Board, and the governing body of the above public agency, hereinafter referred to as Public
Agency, having entered into a contract effective March 1, 1945, and witnessed February 6, 1945,
and as amended effective November 1, 1949, September 1, 1951, January 1, 1952, July 1, 1954,
February 1,1965, February 24,1969, March 8,1971, October 1,1973, October 28,1974, March
17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, January 7, 1985, May 27, 1985,
September 16, 1988, August 27, 1990, August 1, 1996, July 3, 1997, January 1, 1998, August 1,
1998 and November 1, 1999 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective
November 1, 1999, and hereby replaced by the following paragraphs numbered 1 through
13 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 55 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 March 1, 1945 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,
2000-314
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 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).
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:
a. CROSSING GUARDS HIRED OR OR AFTER JANUARY 1, 1952;
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975;
c. LIFEGUARDS;
d. SENIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RECREATION INTERNS;
g. RECREATION AIDES
h. RECREATION LEADERS;
i. SENIOR RECREATION LEADERS;
j. RECREATION SPECIALIST;
k. LOCKER ATTENDANTS;
I. VEHICLE OPERATORS; AND
m. EXTRA RELIEF HEAVY LABORERS (EXTRA BOARD).
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
CalPERS membership by contract. Government Code Section 20336 superseded
this contract provision by providing that any such temporary andlor seasonal
employees are excluded from CalPERS 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 each year of credited prior
and current service as a local miscellaneous member shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
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).
"
2000-314
8.
Public Agency elected and elects to be subject to the following optional provisions:
"
a. Sections 21624,21626 and 21628 (Post-Retirement Survivor Allowance).
b. Section 21222,1 (Special 5% Increase-1970), Legislation repealed said
Section effective January 1, 1980.
c, Section 20042 (One-Year Final Compensation),
d. Section 21024 (Military Service Credit as Public Service), Statutes of 1974,
e. Section 21222.2 (Special 5% Increase-1971), Legislation repealed said
Section effective January 1, 1980.
f. Section 21319 (Special 15% Increase for Local Miscellaneous Members who
retired or Died Prior to July 1, 1997).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members
and local miscellaneous members only.
h. Section 20903 (Two Years Additional Service Credit) for local miscellaneous
members only,
i. Section 21635 (Post-Retirement Survivor Allowance to Continue After
Remarriage) for local fire members only.
9. Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on April 28, 1975.
Accumulated contributions of Public Agency shall be fixed and determined as
provided in Government Code Section 20834, and accumulated contributions
thereafter shall be held by the Board as provided in Government Code Section
20834.
10. 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,
11. Public Agency shall also contribute to said Retirement System as follows:
a, Contributions required per covered member on account of the 1959 Survivor
Benefits provided under Section 21574 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 miscellaneous members and local fire 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,
2000-314
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.
.'
12. 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,
13, 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 / s, day of ,Jf IN G
,%2001.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN BERN
~~NNET~fo?1~~ ~~ESIDING
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
OCr1Oi5ER del ~coo
Witness Date
Attest:
yfewd4lYydJflcV; )'ufL1}
Clerk
AMENDMENT
PERS,CON- 702A (Rev. 8\96)
A
CalPERS
California
Public Employees' Retirement System
.....'.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of San Bernardino
., .---.'...
The Board of Administration, California Public Employees' Retirement System, hereinafter referred
to as Board, and the governing body of the above public agency, hereinafter referred to as Public
Agency, having entered into a contract effective March 1, 1945, and witnessed February 6, 1945,
and as amended effective November 1,1949, September 1,1951, January 1,1952, July 1,1954,
February 1,1965, February 24,1969, March 8,1971, October 1, 1973, October 28,1974, March
17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, January 7, 1985, May 27, 1985,
September 16,1988, August 27,1990, August 1,1996, July 3,1997, January 1, 1998, August 1,
1998 and November 1, 1999 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective
November 1, 1999, and hereby replaced by the following paragraphs numbered 1 through
13 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 55 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 March 1, 1945 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:
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),
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:
a. CROSSING GUARDS HIRED OR OR AFTER JANUARY 1,1952;
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975;
c. LIFEGUARDS;
d. SENIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RECREATION INTERNS;
g. RECREATION AIDES
h. RECREATION LEADERS;
i. SENIOR RECREATION LEADERS;
j. RECREATION SPECIALIST;
k. LOCKER ATTENDANTS;
I. VEHICLE OPERATORS; AND
m. EXTRA RELIEF HEAVY LABORERS (EXTRA BOARD).
5, Prior to January 1, 1975, those members who were hired by Public Agency on a
temporary andlor seasonal basis not to exceed 6 months were excluded from
CalPERS membership by contract. Government Code Section 20336 superseded
this contract provision by providing that any such temporary andlor seasonal
employees are excluded from CalPERS 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 each year of credited prior
and current service as a local miscellaneous member shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 55 Full),
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 21624,21626 and 21628 (Post-Retirement Survivor Allowance).
b. Section 21222,1 (Special 5% Increase-1970), Legislation repealed said
Section effective January 1, 1980,
c. Section 20042 (One-Year Final Compensation),
d, Section 21024 (Military Service Credit as Public Service), Statutes of 1974,
e, Section 21222,2 (Special 5% Increase-1971), Legislation repealed said
Section effective January 1, 1980,
f, Section 21319 (Special 15% Increase for Local Miscellaneous Members who
retired or Died Prior to July 1, 1997).
g, Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members
and local miscellaneous members only,
h, Section 20903 (Two Years Additional Service Credit) for local miscellaneous
members only.
I. Section 21635 (Post-Retirement Survivor Allowance to Continue After
Remarriage) for local fire members only,
9, Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on April 28, 1975,
Accumulated contributions of Public Agency shall be fixed and determined as
provided in Government Code Section 20834, and accumulated contributions
thereafter shall be held by the Board as provided in Government Code Section
20834,
10. 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,
11, Public Agency shall also contribute to said Retirement System as follows:
a, Contributions required per covered member on account of the 1959 Survivor
Benefits provided under Section 21574 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 miscellaneous members and local fire 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,
12, 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.
13. 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 /., day of ,j ,," , :\.9 ;/06 I.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY O~ SAN BERNARDINO,
BY' BY J(. 0 ,".l.. /) / /t L/
KENNE ARZIO ,CHIEF A'RESl1flll'\iG OFFICER
ACTUARIAL MPLOYER SERVICES DIVISION T
PUBLIC EM OYEES' RETIREMENT SYSTEM' ;
(JJ..~E...i~-1... :.L G .:( () () /)
Witness Date
Attest:
Qrc.e:j",,_( h. C_~,~
Clerk ~
AMENDMENT
PERS.CON.702A (Rev. B\96)