HomeMy WebLinkAbout1999-253
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Resolution No, 1999-253
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RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO, 1999-236 AND AUTHORIZING THE CITY OF SAN BERNARDINO
TO REPORT THE VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC)
TO CALPERS AS ADDITIONAL COMPENSATION FOR ALL LOCAL FIRE AND
POLICE MEMBERS,
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WHEREAS, the City of San Bernardino has the authority to implement
Government Code Section 20636(c )(4) pursuant to Government Code Section 20691;
WHEREAS, the City of San Bernardino has a written labor policy or agreement
which specifically provides for the inclusion of normal member contributions paid by the
employer on behalf of the members as additional compensation;
WHEREAS, one of the steps in the procedures to implement this section is the
adoption by the governing body of the City of San Bernardino of a Resolution giving
notice of its intention to commence reporting the value of Employer-Paid Member
Contributions (EPMC) as compensation for all local fire and police safety members;
WHEREAS, the following is a statement of the proposed change in reporting '-
compensation to PERS:
The City of San Bernardino elects to pay nine percent (9%) of employees'
compensation earnable as Employer Paid Member Contributions and report the
same percent (value) of compensation earnable {excluding Government Code
Section 20636(c )(4)} as additional compensation.
This benefit shall apply to all employees of all local fire and police safety
classes.
The effective date of this Resolution shall be January 1, 2000.
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1999-253
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RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO. 1999-236 AND AUTHORIZING THE CITYOF SAN BERNARDINO
TO REPORT THE VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC)
TO CALPERS AS ADDITIONAL COMPENSATION FOR ALL LOCAL FIRE AND
POLICE MEMBERS,
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WHEREAS, on September 22, 1999, the Mayor and Common Council of the City
of San Bernardino adopted Resolution No, 1999-236, expressing its intent to amend the
contract between the Board of Administration of the Public Employees' Retirement
System (PERS) and the City of San Bernardino to implement the provisions of Section
414 (h)(2) of the Internal Revenue Code;
WHEREAS, it is now necessary to correct said resolution to authorize the
reporting of the value of Employer-Paid Member Contributions (EPMC) to CalPERS as
additional compensation for all local fire and police members,
BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No, 1999-236, adopted by the Mayor and Common
Council of the City of San Bemardino on September 22, 1999, entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO EXPRESSING ITS
INTENT TO AMEND THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(PERS) AND THE CITY OF SAN BERNARDINO TO IMPLEMENT THE
PROVISIONS OF SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE."
Is hereby rescinded in its entirety,
SECTION 2, The governing body of the City of San Bernardino shall implement
Government Code Section 20636(c )(4) pursuant to Section 20691 by paying and
reporting the value of Employer-Paid Member Contributions for all employees of the
local fire and police safety classes as indicated above,
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1999-253
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RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO, 1999-236 AND AUTHORIZING THE CITYOF SAN BERNARDINO
TO REPORT THE VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC)
TO CALPERS AS ADDITIONAL COMPENSATION FOR ALL LOCAL FIRE AND
POLICE MEMBERS,
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a joint regular meeting thereof,
held on the 18th
day of October
, 1999, by the following vote,
to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
VACANT -5th Ward
NAYES
ABSTAIN ABSENT
AYES
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x
x
ANDERSON
MILLER
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x
AA.,..i (,.€ A1 ~
I G, Clark, City Clerk
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1999-253
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RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO, 1999-236 AND AUTHORIZING THE CITYOF SAN BERNARDINO
TO REPORT THE VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC)
TO CALPERS AS ADDITIONAL COMPENSATION FOR ALL LOCAL FIRE AND
POLICE MEMBERS,
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The foregoing resolution is hereby approved this
/<lhv
of
October
,1999,
Approved as to form and
Legal content:
JAMES F, PENMAN,
13 City Attorney
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By:
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1999-253
EXCERPT FROM FIRE SAFETY MOU
CONTRACT EFFECTIVE 1/1/99 TO 12131
ARTICLE III, SECTION 6 '
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A. Policv: It is the policy of the City to discourage overtime except when
necessitated by abnormal or unanticipated workload situations. The City has the right to
require overtime to be worked as necessary. Consistent with this policy, the Fire Chief,
Deputy Chief and Battalion Chiefs, will make every effort to assign overtime evenly among
the employees with similar skills or assignments.
B. Definition: Overtime is defined as all hours worked in excess of the regularly
scheduled workweek. All overtime shall be reported in increments of six (6) minutes and
is non-accumulative and non-payable when incurred in units of less than six (6) minutes.
Holiday leave, sick leave, vacation leave and court time shall be considered as time worked
for purposes of computing overtime compensation.
C. Comoensation: Payment for overtime shall be made on the first regular
payday following the pay period in which overtime is worked, unless overtime
compensation cannot be computed until some later date, in which case overtime will be
paid on the next regular payday after such computation can be made.
Section 6 . Retirement Plan
A. The City shall continue to participate in an employees' retirement plan for
Public Safety Officers, by contract with the California Public Employees' Retirement
System (PERS) under the current "2% at age 50" formula.
B. The City shall continue to provide the "highest 12 month" retirement formula
and Military Service Credit.
C. The City shall contract with PERS to provide the Fourth Level 1959 Survivor
Benefit. All costs will be bomeby the employee.
D. The City shall continue to provide the Post-Survivors' Retirement Benefit.
E. The City shall continue to provide the Post-Retirement Survivor Allowance
to Continue After Remarriage benefIt.
F. The City shall continue to pay through December 31,1999, nine percent
(9%) of the members' contribution to PERS credited to the employee's account as a fringe
benefit. for current, active employees hired prior to July 1, 1997. Effective January 1,
2000, Section H of this article will replace this section.
G. For any employee hired on or after July 1, 1997, the City will pay five percent
(5%) of the members' contribution to PERS credited to the employee's account as a fringe
benefit. Upon said employees completing five (5) years of service the City will pay nine
percent (9%) of the members' contribution to PERS credited to the employee's account as
a fringe benefit on the first pay period of the sixth year of service, Effective January 1,
Fire Safety MOU
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1999-253
2000, Section H of this article will replace this section.
H. The City will increase the base salary of all employees covered by this
agreement by converting the nine percent (%) Employer-Paid Member Contribution
(EPMC) to base salary. This base salary is "compensation earnable" as defined in
Section 20636 ( c ) of the California Government Code and shall be reported to the
Public Employees' Retirement System (hereinafter "PERS"). Employees will then
assume responsibility for payment of the nine percent (9%) employee retirement
contribution to PERS and all associated costs for the conversion of the EPMC to
base salary. The City shall designate such payment as an Employer Pick-lJp as
defined under the provisions of Section 414(h)(2) of the Internal Revenue Code (26
USC & 414(h)(2)). The employee contribution to PERS shall be made through
automatic payroll deductions from the base salary In accordance with PERS
regulations.
For purposes of detennining overtime compensation and other salary
payments, including but not limited to, payoffs of sick leave, vacation accruals,
holiday accruals and comp time balances, the aforementioned nine percent (9%)
base salary increase shall not be considered.
I. The City shall provide written notification to representatives of the union
prior to the end of each fiscal year, which identifies the applicable rate for the next
fiscal year.
Section 7 - On-<:aIi/Call-Back/Standbv
Any employee on .on-call- status will receive a minimum of two- (2) hours' pay at
time- and-a-half for all or any portion of a 24-hour day. If called back any time within the
first two (2) hours of on-call, the time worked will be deducted from the two (2) hours on-
call. If the call-back occurs after two (2) hours expire, call-back time will be clocked from
the time the employee receives the call to report. Compensation for that time is in addition
to the on-call status.
In the event an employee is placed on .standby" for court subpoena, the employee
will receive two (2) hours standby pay at time-and-a-half. If the employee is called to court
and does not go beyond 12:00 hours on that day, it will be considered part of the two (2)
hours standby, If the employee has to appear after the noon recess, any additional time
will be added to the two (2) hours standby, plus one-half hour travel time. In cases where
the subpoena is for 13:30 hours, or another time, the standby will start with time stated on
the subpoena. In those cases where the subpoena is for 13:30 or later, the employee's
time will be computed at the amount of time between the time of subpoena and 17:00, plus
30 minutes travel time, In the event the employee is required to pay parking fees, the
employee will be reimbursed, If the employee is required to stay through noon recess, he
Fire Safety MOU
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1999-253
EXCERPT FROM POLICE SAFETY HOU
CONTRACT EFFECTIVE 1/1/99 TO 12/31
ART]CL!_Jl1, SECTION 2 .
Section 2 - PERS/Retirement Plan
A, The City will continue to participate in an employees' retirement plan for
members by contract with the California Public Employees' Retirement System (PERS),
under the current "2% at age 50" formula,
B, The City will continue to contract with PERS to provide the "highest 12
month" retirement formula.
C, The City will pay nine percent (9"10) of the members' contribution to
PERS through December 31, 1999. Effective January 1, 2000, Section E below will
supercede this section.
D. The City will provide Post Survivors' Retirement benefit
E. PERS Salarv Conversion: The City will increase the base salary of all
employees covered by this agreement by converting the nine percent (9%)
Employer Paid Member Contribution (EPMC) to base salary. This base salary Is
"compensation earnable" as defined in Section 20636 ( c ) of the California
Government Code and shall be reported to the Public Employees' Retirement
System (hereinafter "PERS"). Employees will then assume responsibility for
payment of the nine percent (9"10) employee retirementcontrlbution to PERS and
all associated costs for the conversion of the EPMC to base salary. The City shall
designate such payment as an Employer Pick-lJp as defined under the provisions
of Section 414(h)(2) of the Internal Revenue Code (26 USC & 414(h)(s)). The
employee contribution to PERS shall be made through automatic payroll
deductions from the base salary in accordance with PERS regulations.
For purposes of detenninlng overtime compensation and other salary
payments, including but not limited to, payoffs of sick leave, vacation accruals,
holiday accruals and comp time balances, the aforementioned nine percent (9%)
base salary Increase shall not be considered.
F. The City shall provide written notification to representatives of the
union prior to the end of each fiscal year, which identifies the applicable rate for
the next fiscal year.
Section 3 - Overtime
A. Policv: It is the policy of the City to discourage overtime, except when
necessitated by abnormal or unanticipated workload situations. The City has the right
to require overtime to be worked as necessary. Consistent with this policy, the Chief
will make every effort to assign overtime evenly among the employees with similar skills
or assignments,
Police Safety MOU
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