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HomeMy WebLinkAboutMC-1055 , , Adopted: August 16, 1999 Effective: September 16, 1999 1 ORDINANCE NO. Me-1055 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION 4 OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 DO ORDAIN AS FOLLOWS: 8 SECTION 1. The Mayor is hereby authorized and directed to approve an 9 amendment to the contract between the City of San Bemardino and the Board of 10 Administration of the California Public Employees' Retirement System. A copy of said 11 12 amendment is attached hereto as Exhibit A and by such reference made a part hereof 13 as though herein set out in full. 14 SECTION 2. The authorization to execute the above-referenced amendment to 15 Contract is rescinded if the parties to the Contract fail to execute it within sixty (60) days 16 of the passage of this Ordinance. 17 II/ 18 /11 19 III 20 21 III 22 II/ 23 II/ 24 /11 25 /11 26 /11 27 28 . , 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION 2 OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN 3 BERNARDINO. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a joint regular 16th day of August 1999, by the following vote AYES NAYS ABSENT ABSTAIN x x x x x x 17 18 19 ~ 1 C" . h c -~~C Rac I Clark, City Clerk The foregoing resolution is hereby approved this JilL day of August 20 1999. 21 22 ~~ CJ~<A_ Betty Dean Anderson Mayor Pro Tem 23 Approved as to 24 Form and legal content: 25 JAMES F. PENMAN City Attorney 26 27 By: 28 . <: MC-lOSS . . A CalPERS EXHIBIT A 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 and August 1, 1998 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 August 1, 1998, 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 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 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, MC-lOSS . . 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 and/or 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 21353 of said Retirement Law (2% at age 60 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). MC-lOSS . . 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). 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), Statutes of 1979. Legislation repealed said Section effective January 1, 1999 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. , : MC-lOSS . . c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the c<;>sts 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 1st day of November ,19~. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY 0 AN BERNARDINO BY KEN ET W. M ACTUARIAL & E PLOYER SERVICES DIVISION PUBLIC EMPLO EES' RETIREMENT SYSTEM ! tiC{l~ OFFICER i..-7Y~( '<'./l... 9 / < 1 co Witn ss Date Attest: ,....~ / . /...) (t ,I !.. 'x'1LG./u....J!..... .y ~~ Clerk "-- AMENDMENT PERS-CON.702A (Rev. 8\96)