HomeMy WebLinkAbout1998-098
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RESOLUTION NO. 98-98
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO
3 CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO.
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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 procedure 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 change proposed in said
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contract; and
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WHEREAS, the following is a statement of the proposed change:
To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous
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members.
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency
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does hereby give notice of intention to approve an amendment to the contract between said public
agency and the Board of Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, as Exhibit" A" and by this reference made a part hereof
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SDE\dn\retire.res 1
98-98
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO
2 CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO.
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1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint regular
Common Council of the City of San Bernardino at a meeting thereof, held on the 20th day
of April, 1998, by the following vote, to wit:
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The foregoing Resolution is hereby approved this...:?/5~ay of April ,1998.
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22 Approved as to form
and legal content:
VALLES, Mayor
lty of San Bernardino
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JAMES F. PENMAN,
24 City Attorney
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By _~ -}'. I~~~-
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SDE\dn\retire.res
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98-98
EXHIBIT A
~WENDMENTTOCONTRACT
BETWEEN THE
BOARD OF ADMINISTRA nON
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAl"l BERNARDINO
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as
Board, and the governing body of 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 I, 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 and January I, 1998 which
provides for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs I through 13 are hereby stricken from said contract as executed effective
January 1, 1998, and hereby replaced by the following paragraphs numbered 1 through 13
inclusive:
I. 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.
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);
98-98
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 ON OR AFI'ER JANUARY 1,1952;
b. LmRARY PAGES HIRED ON OR AFI'ER MARCH 17, 1975;
Co LIFEGUARDS;
d. SENIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RECREATION INTERNS;
g. RECREATION AIDES;
b. RECREATION LEADERS;
i. SENIOR RECREATION LEADERS;
j. RECREATION SPECIALIST;
k. LOCKERA'ITENDANTS;
L VEmCLE OPERATORS; AND
m. EXTRA RET.TEF REA VY LABORERS (EXTRA BOARD).
5. Prior to January 1, 1915, those members who were hired by Public Agency on a
temporary and/or seasonal basis not to exceed 6 months were excl~ fiom.
PERS membership by contract. Government Code Section 20336 superseded this
contract provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January I, 1915.
. Legislation repealed and replaced said Section with Government Code Section
20305 effective July I, 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).
1. 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 I, 1980.
c. Section 20042 (One-Year Final Compensation).
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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 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
h. Section 20903 (fwo Years Additional Service Credit) for local
mi"""IIAnNlus members only.
i Section 21635 (post-Retirement Survivor Allowance to Continue After
Remmiage) for local fire members only.
j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous 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 detemUned 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. Per covered member, $0 per month on account of the liability for the 1959
Survivor Benefits provided under Section 21573 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees sha1l be pooled in a single account, based on
term insurance rates, for survivors of all local fire members.
b. Per covered member, $3.50 per month on account of the liability for 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.
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c. 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.
d. 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 sba11 be subject to
adjustment by Board on account of am~ to the Public Employees'
Retimuent Law, 8Dd on account of the experience under the Retimncnt System
as d..t~ulli..,.d by the periodic investigation' and valuation requitbd by said
Retirement Law.
13. Contributions required of Public Agency and its employees sba11 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 sba11 be made in connection with. subsequent
remittsonccs. 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 sha1l be effective on the I ~ day of 011~ ' 19.1L.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBUC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SAN ERNARDINO
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BY ~K/ ~,-/ BY
KENNETH . MARZION, CHIEF PRE
ACTUARIAL & EMPLOYER SERVICES DMSION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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Date
Attest:
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AMENDMENr
PERS-CON-702A (Rev. 11196)
98-98
AGREEMENT
TO POOL
1959 SURVIVOR BENEFITS ASSETS AND LIABn.ITIES
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNcn.
OF THE
CITY OF SAN BERNARDINO
WHEREAS, Gove.~ Code Section 21574 providCs for a single employer rate to be
establisbcd to provide be.Mib UDder said Section on acc:ountof ........hou
employed by ....uIk...1ing agencies electing to iDclude the provision of said Section
in their ....uIk&b, and
WHEREAS, Government Code Section 21574, requires pooling of all assets and liabilities of all
contracting agencies subject to said Section;
NOW, TIIEREFORE BE IT AGREED, that assets and liabilities of the City of San Bemmdino
and its c:o\'fRd employees shall be pooled pursuant to the provisions of
Government Code Section 21574.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF TIlE
CITY OF SAN
G OmCER
BY' ~ ~~k-~ BY
KENNE1H W. MARZION, CHIEF PRE
ACTIJARIAL & EMPLOYER SERVICES DMSION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date~ (~ 11?1
PEllS-CON.S9 (Rev. 7196)
98-98
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code the future annual
costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been
made public at a public meeting of the
Mayor and COIIDOn Council
(governing body)
of the City of San Bernardino
(public agency)
on
April 20, 1998
(date)
which is at least two weeks prior to the adoption of the
Resolution/Ordinance.
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Cler cretary
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City Clerk
Title
Date "1-~1-1&'
PERS-CON-I2A (rev. 1/96)
-=JiiEilS 98-98
Actuarial & Employer Services Division
PO Box 942709
Sacramento, CA 94229-2709 PM \: 54
Telecommunications Device for the Deaf - (916) 326-3240 98 ~UG \ 3
(916) 326-3420 FAX (916) 658-1586 CI'IIL SERVICE 0
elil OF SA!! 8ERII~RO\II
August 10, 1998 Employer Code #0061
Reply to Section 220
Mr. Edward S. Raya
Acting Director of Personnel
City of San Bemardino
300 North 0 STreet
San Bemardion, CA 92418
Dear Mr. Raya:
The contract amendment and 1959 Survivor Agreement has been executed by
CaIPERS. The effective date of the cOIlb'ad amendment is August 1, 1998.
If you have any questions regarding your contract, please do not hesitate to contact,
Marily Mac Vicar, Employer Repres8htative, at (916) 341-2198.
Sincerely,
~~wct-
Kelly Hunt
Public Agency Contract Services
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Enclosure
COJ08 (Rev. 12197)
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ClIIiforuia Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
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