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RESOLUTION NO. 90-249
RESOLUTION OF INTENTION OF THE CITY OF SAN BERNARDINO TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE MAYOR AND COMMON COUNCIL OF 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
I contract , and sets forth the procedure by which said public
!agenCieS may elect to subject themselves and their employees
Ito amendments to said Law; and
I
I WHEREAS, one of the steps in the procedure 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;
I
land
WHEREAS, the following is a statement of the proposed
change:
To provide sections 21380-21387 (1959 Survivor Benefits)
including section 21382.4 (Third Level of 1959 Survivor
Benefits) for local fire members only.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common
Council of the city of San Bernardino do hereby give notice
of intention to approve an amendment to the contract between
the said governing body and the Board of Administration of
the Public Employees' Retirement System, a copy of said
amendment being attached hereto, marked Exhibit "A" and by
this reference made a part hereof.
Page 1 of 2
05/31/90
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RESOLUTION
RETIREMENT
LEVEL) FOR
TO AMEND CONTRACT WITH THE PUBLIC EMPLOYEES'
SYSTEM TO PROVIDE 1959 SURVIVOR BENEFITS (THIRD
LOCAL FIRE MEMBERS ONLY.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof,
rp.a1l1ar
held on the
day of
, 1990 by the
1 Ath
June
following vote to wit:
Council Members
NAYS
ABSTAIN
AYES
ESTRADA
....lL-
REILLY
....lL-
FLORES
....lL-
MAUDSLEY
....lL-
MINOR
....lL-
POPE-LUDLAM
....lL-
MILLER
v
.....>.-.-
~$/('?/~Jt/
/ city Clerk
The foregoing resolution is hereby approved this ~~~
)
day of
,111nA
, 1990.
~/
Approved as to form
and legal content:
7--
city Attorney
PD:PERS 5/30/90 jyr
Page 2 of 2
05/31/90
'.
AMENIJMEN'J' TO CONTRACT
8B'1'WKEN THB
BOARD OJ!' ADMINISTRATION
OJ!' THB
PUBLIC EMPLOYEES' RBTIREMEH'l' SYSTEM
AND THB
CITY COUNCIL
OJ!' THB
CITY OJ!' SAN BERNARDINO
Exhibit "A"
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, April 28, 1975, November 10, 1975, July 6, 1977,
January 7, 1985, May 27, 1985 and September 16, 1988, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective September 16, 1988, 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).
L
4. In addition ~o 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 AJi"l'ER JANUARY I, 1952;
b. LIBRARY PAGES HIRED ON OR AJi"l'ER MARCH 17, 1975;
c. LIFEGUARDS;
d. SENIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RllCREATION IN'l'ERIIS;
g. RllCREATION AIDES;
h. SENIOR RllCREATION LEADERS;
i. RllCREATION SPECIALISTS;
j. LOCKER A'l"l'ENDANTS;
k. VEHICLE OPERATORS; ANU
1. EX'l'RA RELI BY HEAVY LABORERS (EX'l'RA BOARD).
5. Prior to January I, 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 I, 1975.
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 21252.01 of said Retirement Law
(2\ at age 50 Full).
8. Public Agency elected to be subject to the following optional
provisions:
A. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
b. Section 21222.1 (Special 5\ Increase - 1970). Legislation
repealed said Section effective January I, 1980.
c. Section 20024.2 (One-Year Final Compensation).
d. Section 20930.3 (Military Service Credit as Public Service I,
Statutes of 1974.
e. Section 21222.2 (Special 5\ Increase - 1971). Legislation
repealed said Section effective January I, 1980.
f. Section 21222.6 (Special 15\ Increase for Local Miscellaneous
Members) .
g. Sections 21380-21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local fire
members only.
9. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
April 28, 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local fire
members.
b. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
L-_____
13. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the
AUGUST , 19~
27th
day of
BY
4fffrAl( 5$- ~ ~
ClEF, CONTRACT S:ERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OFT~ ;V)
CITY ~;~AN BERNARDIN, ,/" ,,/
/ / ';/. -;I /
/ /'>" /. ;',//
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Y~"" ~-_.
Pfei~dlfi9 ~ v~ ,.,
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
ik.ut1.:V
Clerk
t!illiJ .Ly rIf)&~ h.[rV
/f2~~
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
P, i
, ,\
U5\l
f <t'
AGREEMENT
AU'l'HORIZING THE RELEASE OF
SURVIVOR BENEFITS ASSETS AND LIABILITIES
INTO THE
THIRD LEVEL 1959 SURVIVOR BENEFIT POOL
BETWEEIl THE
BOARD OF ADHINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
~-- '
WHEREAS, the City Council of the San Bernardino has adopted a Resolution of
Intention to include in its contract with the Board of Administration,
Public Employees' Retirement System, pursuant to Government Code
Sections 21380-21387, including Government Code Section 21382.4, the
Third Level of 1959 Survivor Benefits for local fire members; and
WHEREAS, Government Code Section 21382.4, requires all assets and liabilities
of all contracting agencies subject to this section, and their
employees who are covered by this section, to be pooled into a single
account:
NOW THEREFORE BE IT AGREED:
Accumulated and/or future contributions required of the City of San
Bernardino and its covered employees are to be released, pursuant to
the provisions of Government Code Section 21382.4, to a single account
referred to herein as the Third Level 1959 Survivor Benefits Pool.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY
BY
Date ' k'l<<- ,) to, /7",9'(,
,-
"-
,<)
C0505 (Rev. 4/89)
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a
Resolution adopted by the
Mayor and Common Council
(GovernIng Body)
of the
City of San Bernardino
(Name of Public Agency)
on June 18, 1990
(Date)
h&$$~
. CITY CLERK or
Secretary of the Board
FCSD-CON-12
C0600 (Rev. 11/88)
Public S.ployees' Retirement System
Public Agency Contract Services
Contract Service. Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF COMPLIANCE WI'l'B
GOVERNMEN'l' CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual coata as determined by the System Actuary and/or the
increase.in retirement benefit(.) have been made public at a public meeting
by the Mayor and Common Council of
(governing body)
at least two weeka prior to the adoption of
the City of San Bernardino
(public agency)
the final Ordinance/Re.olution.
(\
\ .
Date I \ ~,:21,/'?1r)
~-, .
~$4/~JI/
,
. original signature
lJ
Citv Clerk
official title
PERS-CON-l2A (Rev. 11/88)
C0601