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Home My WebLink AboutMC-1024 Adopted: June 15, 1998 Effective: JuIy 16, 1998 1 ORDINANCE NO. Me-1024 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF 4 THE PUBUC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 00 ORDAIN AS FOLLOWS: 8 SECTION 1. The Mayor is hereby authorized and directed to approve an amendment 9 to the contract between the City of San Bernardino and the Board of Administration of the 10 California Public Employees' Retirement System. A copy of said amendment is attached hereto 11 as Exhibit "A" and by such reference made a part hereof as though herein set out in full. 12 13 SECTION 2. The authorization to execute the above-referenced amendment to Contract 14 is rescinded if the parties to the Contract fail to execute it within sixty (60) days of the passage 15 of this Ordinance. 16 1/1 17 //1 18 1// 19 20 1/1 21 1/1 22 //1 23 1/1 24 1/1 25 1// 26 27 I 28 Me-1024 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRA nON OF 3 THE PUBUC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, 7 held on the 15 day of 8 9 COUNCILMEMBERS 10 FSTRADA 11 LIEN 12 ARIAS 13 SCHNETZ 14 DEVLIN 15 16 ANDERSON 17 MILLER 18 June , 1998, by the following vote, to wit: AYES NAYS ABSENT ABSTAIN x x x x x x " 19 ~~ b C-L~~ City lerk 20 The foregoing resolution is hereby approved this 18th day of June 23 Approved as to 24 form and legal content: Lt--- J . Valles, Mayor i of San Bernardino 21 1998. 22 25 JAMES F PENMAN City mey 26 27 28 ~~ 2 ,I Me-1024 EXHIBIT A A.JWENDMENT 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 I, 1949, September I, 1951, January I, 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 I, 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 1 through 13 are hereby stricken from said contract as executed effective January I, 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 I, 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 HIRED ON OR AFrER JANUARY 1, 1952; b. LmRARY PAGES HIRED ON OR AFTER MARCH 17, 1975; Co LIFEGUARDS; d. SENIOR LIFEGUARDS; e. SUPERVISING LIFEGUARDS; f. RECREATION INTERNS; g. RECREATION AIDES; h. RECREATION LEADERS; L SENIOR RECREATION LEADERS; j. RECREATION SPECIALIST; k. LOCKER ATfENDANTS; L VEmCLE OPERATORS; AND m. EXTRA REI.IEF 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 superseded this contract provision by providing that any such temporary and/or seasonaI 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 finaI 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 finaI 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 SO 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 1, 1980. c. Section 20042 (One- Year Final Compensation). I, " i d. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. e. Section 21222.2 (Special 5% Increase-I 971 ). Legislation repealed said Section effective January I, 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 miscellaneous members only i. Section 21635 (post-Retirement Survivor Allowance to Continue After Remarriage) for local fire members only. j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only 9. Public Agency, in lWCOrdance with Government Code Section 20790, ceased to be an "employer" for pmposes 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: I ,. a Per covered member, $0 per month on lWCOunt 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 lWCOunt, 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. I , I ir , i 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 sball be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and OD 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 sball 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 sball 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 sball be effective on the I g. day of O~ ' 19 jL. BOARD OF ADMINISTRATION CITY COUNCIL PUBUC EMPLOYEES' RETIREMENT SYSTEM OF TIm CITY OF SAN 18 11 g BY ~ H./ ~____ BY KENNETII . MARZION, CHIEF P ACTUARIAL & EMPLOYER SERVICES DMSION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attest: c~h.~ AMENDMENr PIl\lSoCON.70lA (Rev. 8\96) AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBUC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO WHEREAS, Govemmeot Code Section 21574 provides for a single employer rate to be established to provide benefits under said Section on aceount of members employed by CODtrlICling agencies electing to include the provision of said Section in their contracts; and WHEREAS, Govemmeot Code Section 21574, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of San Bernardino and its covcml employees shall be pooled pmsuant to the provisions of Government Code Section 21574. BOARD OF ADMINISTRATION CITY COUNCil. PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF SAN BY ~ ~~-e-.1 BY KENNETH W. MARZlON, CHIEF PRE G OFFICER AClUARIAL & EMPLOYER SERVICES DMSION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Date ~ (~/17f PEJlS.CON.S9 (Rev. 7196) \: CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services POBox 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 CODmOn 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. ~~J Cler cretary /} Cl.t~ City Clerk Title Date y-/{ -'1? PERS-CON-12A (rev 1/96) -=PERs Actuarial & Employer Services Division PO Box 942709 Sacramento, CA 94229-2709 Pt'I \: 5u Telecommunications Device for the Deaf - (916) 326-3240 98 ~UG \ 3 (916) 326-3420 FAX (916) 658-1586 CIVIL SER"'ICE ~m IIf S~N 8ERN&RDllllI August 10, 1998 Employer Code #0061 Reply to Section 220 Mr Edward S. Raya Acting Director of Personnel City of San Bernardino 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 dale of the contract amendment is August 1, 1998. If you have any questions regarding your contract, please do not hesitate to contact, Marily MacVicar, Employer Representative. at (916) 341-2198. Sincerely, ~~~ Kelly Hunt Public Agency Contract Services KH:br ':;j .' Enclosure - ....., -0 C0308 (Rev. 12197) ~;,;, N ..., .-:~ California Public Employees' Retirement System Lincoln Plus - 400 P Street - Sacramento, CA 95814 I. [' -=PERs Actuarial & Employer Services Dlv/s/on 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 CIVIL SERVICE 0 Cl11llF S ~ ~ l\t\l.N~RDlN 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 Bemardlon, CA 92418 Dear Mr Raya: The contract amendment and 1959 Survivor Agreement has been executed by CarPERS. The effective dale of the contract amendment is August 1, 1998. If you have any questions regarding your contract, pie aee do not hesitate to contact, Marily MacVicar, Employer Representative, at (916) 341-2198. Sincerely, ~~~ Kelly Hunt Public Agency Contract SeMces \d :u co r:; i'= 2 <:: ~ .. -' - -...J J ~- " -'. :-; ~ -" N ex: KH:br Enclosure COJOS (Rev. 12197) California PubUc Employees' Retiremeat System Lincola Plaza - 400 P Street - SaCl'llmeato, CA 95814