HomeMy WebLinkAboutMC-450
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ORDINANCE, NO. ~C-450
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ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM PROVIDING FOR ONE YEAR FINAL COMPENSATION FOR
RETIREMENT PURPOSES FOR LOCAL POLICE MEMBERS.
II THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
IORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the Contract between the
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Mayor and Common Council of the City of San Bernardino and the
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Board of Administration, California Public Employees' Retirement
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System providing for one year final compensation for retirement
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purposes for local police members is hereby authorized, a copy of
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said amendment being attached hereto, marked Exhibit "A", and by
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such reference made a part hereof as though herein set out in
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full.
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SECTION 2. The Mayor of the City of San Bernardino is hereby
16 authorized, empowered, and directed to execute said amendment for
17 and on behalf of the City.
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SECTION 3. This ordinance shall take effect May 15, 1985,
19 with May 27, 1985 as the effective date of the PERS amendment, and
20 prior to the expiration of ten days from the passage thereof shall
21 be published at least once in the Sun, a newspaper of general
22 circulation, published and circulated in the City of San
23 Bernardino and thenceforth and thereafter the same shall be in
24 full force and effect.
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held
rRr:'lll nr
day of
~,Dril
, 1985, by the following
on the ,5tn
MC-450
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vote, to wi t:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
NAYS:
ABSENT:
Marks, Quiel, Frazier, Strickler
None
None
h /{;/,
J./ . ',~'%2/</"]1t!cst/
/ City Clerk
The foregoing ordinance is hereby approved this 17th day
of
April
Approved as to form:
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/ / ''f.: {, rii
/ L-~....l-- ... ,/'_t
City Attorney
, 1985.
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MC-:450 Ii
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STAT~ OF CALIFO?-':UA
CO:;:~TY OF SAN B~R!~.::'.RDINb
CITY OF SAN BERC<ARDINO
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I, SHAU~A CLARK, City Clerk in and for the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Ordinance No. MC-450 is a
full, true and correct copy of that now on file in this office.
1:~ IHTNESS \-:HEREOF, I have hereunto set I'lY hand and
affixed the official seal of the City of San Bernardino this
17th day of April , 1985.
A Q'
:l~Y/Y1/ cb/t'/
/' City Clerk
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MC-450
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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, herein-
after referred to as Board, and the governing body of above public agency, here-
inafter 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,
11arch 17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, and January 7,
1985, 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 7, 1985, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public Employ-
ees' 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 herein-
after 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 mem-
bers 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).
MC-450
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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 SY3tem:
a. CROSSING GUARDS HIRED ON OR AFTER JANUARY 1, 1952; AND
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975.
5. Effective October 28, 1974, those ~embers 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.
6. The fraction 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 fraction 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).
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8. The following additional provlslons of the Public Employees' Retire-
men~ Law, which apply only upon election of a contracting agency,
shall apply to the Public Agency and its employees:
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 1, 1979.
c. Section 20024.2 (One-Year Final Compensation).
d. Section 20930.3 (Military Service Credit) as defined in Chapter
1437, Statutes of 1974.
e. Section 21222.2 (Special 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1979.
f. Section 21222.6 (Special 15% Increase for Local Miscellaneous
Members) as defined pursuant to Government Code Section 21222.6.
9. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on April 28, 1975. Accumulated
contributions of Public Agency as of the aforementioned date shall be
MC-450
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fixed and determined as provided in
and accumulated contributions as of
contributions thereafter made shall
in Section 20759. Government Cede.
Section 20759, Government Code,
the aforementioned date and
be held by the Board as provided
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
3S local miscellaneous menbers of said Retirement System:
(1) 0.636 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 17.466 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said Retirement System:
(1) 0.212 percent until June 30, 2001 on account of the-
liability for prior service benefits. (Subject to annual
change. )
(2) 32.280 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
c. 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.
d. 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.
11. 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.
MC.,450
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12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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 cor-
rect a~ount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittnnces. Adjustments
on account of errors in contributions required of any employee may be
~ade by direct payments between the employee and the Board.
This amendment shall be effective on the Z7"'" day of
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Witness our hands the 17th
day of
Apr il
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BOARD OF ADMINISTRATION
PUBLIC B~PLOYEESf RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY
SIDNEY C. McCAUSLAND,
EXECUTIVE OFFICER
Approved as to form:
Attest:
'~ Nr-\ i\ \\ ~ \ \~>f\ 'r ~!:i~/(S Afb//;;,:~/ ~h
Margaret J. ~ehn, Leg~ 0 fice, Date Clerk'
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PERS CON-702
KC-450
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CERTIFICATION OF FINAL
AcrroN OF GOVERNING BODY
DATE: April 17, 1985
PUBLIC ENPLOYEE3 RErIREMENT SYSTEM
P. O. Box 1953
Sacramento, California 95809
r hereby certify:
That the
Common Council
(Governing Body)
of the City of San Bernardino
(Public Agency)
adopted on April 15, 1985
(Date )
, by an affirmative
vote of a majority of the members of said Governing Body, Ordinance
(Ordinance or Resolution)
No. MC-450
approving the attached contractual agreement between the Governing
Body of said Agency and the Board of Administration of the Public Employees'
Retirement System, a certified copy of said ordinance in the form
(Ordinance or Resolution)
furnished by said Board of Administration being attached hereto.
~:I?/l-<~d--
ClerlvOr Secretary
City of San Bernardino
Name of Agency
PERS-CON-5 (Rev. 3/78)