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Home My WebLink AboutMC-974 Adopted: July 1, 1996 r Effective: August 1, 1996 ORDINANCE NO. MC-974 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDINO 2 AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 3 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS 6 SECTION 1. The Mayor is hereby authorized and directed to approve an amendment to 7 the contract between the City of San Bernardino and the Board of Administration of the California 8 Public Employees' Retirement System. A copy of said amendment is attached hereto as Exhibit 9 "A" and by such reference made a part hereof as though herein set out in full. 1 0 SECTION 2. The authorization to execute the above-referenced amendment to Contract 11 is rescinded if the parties to the Contract fail to execute it within sixty (60) days of the passage 12 of this Ordinance. 13 1111 14 1111 15 1111 16 1111 17 1111 18 1111 19 1111 20 1111 21 1111 22 1111 23 1111 24 1111 25 1111 26 1111 27 1111 28 DAB:js[PERS.Ord] 1 May 30.1996 MC-974 AN ORDINANCE...AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOARD OF I ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 2 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, 4 held on the ~ day of July , 1996, by the following vote, to wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE X 7 CURLIN X ~- --- 8 ARIAS X 9 OBERHELMAN X -- -- 10 DEVLIN X -- II ANDERSON X -- -- 12 MILLER X --- --- 13 14 ()~ ~ IS '-... CITY CLERK 16 The foregoing Ordinance is hereby approved this..2!h.. day of _Ju~_, 1996 17 18 19 20 Approved as to form 21 and legal content. 22 JAMES F PENMAN, City Attorney 23 24 r t (e~ 25 By Uw.- 26 () 27 28 DAHjs[PERSOrdj 2 Mav 30 19% /Ill/fly AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO I -rl i .r{" ro, -1 1\11 :02 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 I, 1945, and witnessed February 6, 1945, and as amended effective November I, 1949, September I, 1951, January 1, 1952, July I, 1954, February I, 1965, February 24, 1969, March 8, 1971, October I, 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 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: 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 mRED ON OR AFTER JANUARY 1, 1952; b. LIBRARY PAGES mRED ON OR AFTER MARCH 17, 1975; c. LIFEGUARDS; , /J/I-471/ 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 - /)/( 17tj 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 $2.00 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 vaiuations 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 / :>1/ day of (It{ c;r-d ,19?t BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SAN BERNARDINO BY~W~4~~ ----- B~llt(iit~ DIVIS N CHIEF Pfesiding Officer ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM a~..AAI Witn s Date IS"J/'j9~ . I Attest: AMENDMENT PER-CON-702A (Rev 1/96) ftdJ.. h. ~ Cler