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Home My WebLink About1996-119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-1.19 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE 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 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 contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21624, 21626, and 21628 (Post-Retirement Survivor Benefits) for local fire members, including an extension of the funding period to the year 2011. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency 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 an "Exhibit" and by this reference made a part hereof. RES 96-.119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th Milj'_ day of , 1996, by the following vote, to wit: Council Members AYES NAYS ABSENT ABSTAIN NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER x x x x x ---lL- X -r/{}lcuJu ~ to-., (j nriJ/f)..-J "JIYt.l rI /Y; f1.)/ lJIA--t.. () . Rachel Clark City Clerk The foregoing resolution is hereby approved this d'3M day of 1996. ~~~ ~iior, Mayor City of San Bernardino May .. Approved as to form and legal content: James F. Penman City Attorney t-)I~ RESOLUTIONS/lntention/ecg RES 96-119 , . EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN 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 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, Apri128, 1975, November 10, 1975, July 6, 1977, January 7, 1985, May 27, 1985, September 16, 1988 and August 27, 1990, 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 27, 1990, 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. 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 IDRED ON OR AFTER JANUARY 1, 1952; b. LIBRARY PAGES IDRED ON OR AFTER MARCH 17, 1975; c. LIFEGUARDS; RES 96-119 PLEASE DO NOT SIGN IIEXHIBIT ONLYII d. SENIOR LIFEGUARDS; e. SUPERViSING LIFEGUARDS; f. RECREATION INTERNS; g. RECREATION AIDES; h. RECREATION LEADERS; i. SENIOR RECREATION LEADERS; j. RECREATION SPECIALISTS; k. LOCKER ATTENDANTS; I. VEmCLE 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 PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS 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 21251.13 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). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members and local fire members only. 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 21573 (Third Level of 1959 Survivor Benefits) 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. RES 9'6-119 to. 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. Public Agency shall contribute $2.00 per member, 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 shall be pooled in a single account, based on term insurance rates, for survivors of all 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 , 19_ BO~~F ADMINISTRATION CITY Ct;HJNCIL PUBL~MPLOYEES' RETIREMENT SYSTEM OF THE~ ~ CITY OF 1{~ BERNARDINO BY <?O BY <b DIVISION ~F Presiding Off. ACTUARIA~~JvlPLOYER SERVICES DIVISION r<? PUBLIC EMPL~S' RETIREMENT SYSTEM ~ ~ Witness Date ~. ~ \ CJt . Attest: 1?- '~h. ~ ~~ AMENDMENT PER-CON-702A (Rev. 1/96) Clerk RES 96-119 . 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 75(J] of the Government Code the future annual costs as detennined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the Mayor and Common Council (governing body) of the City of San Bernardino. (public agency) on May 22, 1996 (date) which is at least two weeks prior to the adoption of the Resolution/Ordinance. ~ ~ City Clerk Title Date~ Jc, It.?c, PERS-CON-llA (rev. 1196)