HomeMy WebLinkAboutMC-425U
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ORDINANCE NO.
I"C-425
2
ORDINANCE OF THE I1AYOR 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 FIRE MEMBERS, AND DECLARING THE
URGENCY THEREOF.
3
4
5
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
7
8
SECTION 1. That an amendment to the Contract between the
9 Mayor and Common Council of the City of San Bernardino and the
10 Board of Administration, California Public Employees' Retirement
11 System providing for one year final compensation for retirement
12 purposes for local fire members is hereby authorized, a copy of
13 said amendment being attached hereto, marked Exhibit "A", and by
14 such reference made a part hereof as though herein set out in
15 full.
16
SECTION 2. The Mayor of the City of San Bernardino is hereby
17 authorized, empowered, and directed to execute said amendment for
18 and on behalf of the City.
19
SECTION 3. This ordinance shall take effect immediately upon
20 its adoption, and prior to the expiration of ten days from the
21 passage thereof shall be published at least once in the Sun, a
22 newspaper of general circulation, published and circulated in the
23 City of San Bernardino and thenceforth and thereafter the same
24 shall be in full force and effect.
25
SECTION 4. Urgency. This ordinance is an urgency measure,
26 I which shall take effect and become operative upon its adoption and
I
27 I approval.
28 The facts constituting such urgency are that failure to have
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MC-425
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Ithis ordinance in effect on or before January 7, 1985, would place
the City in violation of a contract, and the urgency is permitted
.'
3 by Government Code Section 20460 prescribing the manner of the
4 adoption of an ordinance involving PERS contract amendments.
5 I HEREBY CERTIFY that the foregoing ordinance was duly
6 adopted by the Mayor and Common Council of the City of San
7
,Bernardino at a reoular
I
lion the 7th day of ,Januarv
Ivote, to wit:
, 1985, by the following
meeting thereof, held
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9
10
AYES:
Council Members
Castaneda. Reillv. Hernandez.
11
Marks. Ouiel. Frazier. Strickler
12
NAYS:
None
13
ABSENT: _Nppe
14
15
.#?..zafi't?/ ~~
/' City Clerk
16
The foregoing ordinance is hereby approved this 8th day
17
of
October
, 1985.
18
19
20
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II Approved as to form:
IV~~_
!City A'ttorney
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23
24
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26
27
28
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MC-425..
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STATE L.PLOYEES' RETIREMEN', ;YSTEM
SACRAMENTO. CALIFORNIA
Q:ontract
BETWEEN
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MA YOR AND COHMON COUNC IL
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NAMll OF LEGISLATIVE BODY
CITY OF SAN BERNARDINO
NAME 01' MUNll:IPAL Colli'OIlATION
AND THE
BOARD OF ADMINISTRATION
OF THE
CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM
1Chis :agreement made this. 6th
day oLmm..f~Q:r1,u:L.:r.Ymm.... mm' 194..5 . hy and between
the Legislative Body oL..
City of San Bernardino
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Name of Municipal Corporllion
hereafter referred to as Ueity," and the Board of Administration, California State Employees' Retirement System, hereafter
referred to as "Board,"
WITNESSETH:
In consideration of the covenants and agreements hereinafter contained and on the part of both parties to be kept
and performed. City and Board hereby agree as follows:
1. City is to participate in the State Employees' Retirement System, subject to the provisions of the State Employees'
Retirement Act. Said R~tileft1efttAe''''aMHlledh..eto marked Exhibit "A~t.Ad by aueb reference it,hereby-made a part of
-.fhi&'-il8&~Ud-llftt ....thwgh heFOia'Mt out. ill full.
2. City shall participate in said Retirement System, making its employees members of said System, from and
aftern.u...~!_~~._:J.um__._m. 194.2.
3. Employees of City in the followioR classes shall become members of said Retirement System in accordance with
the provisions of said Retirement Act, governioR membership in said Retirement System, and subject to the further exclusions
from membership in the next following sentence:
CLASSES Of EMI-'LOYEES
March 1
ON__n_____.__________........
5
_______1194....___
MINIMUM AGE
I'OR VOI,UNT AR Y
SERVICE RETIREMENT
NUMBI,R 01: EMrl.OYHS
ELlGIBl.E {.OR MEMfiERSlIIP
{J. City Firemen, as defined in Section Be of the 49 "
State Employees' Retirement Act . . . ._. _ _ _______________ ____u__._m...
b. City Policemen, as denned in Section 8b of 50
the State Employeei' Retirement Act . . ,___________ __________. .-m, .-:;-.
185
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e. Employees other than City Firemen and City
Policemen . . . . . . . . . . '00...._
As provided in the Retirement Act
In addition to the employees excluded from membership by said Retirement Act, the following employees shall not
become members of the Retirement System:
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3a. The provisIons (
,/ shall apply to L
System.
Section 84 of the State E
~loyees of City who become
~oyees' Retirement Act,
,,,embt-rs of said Retirement
3. Ccntinued from Page 1
No additional Exclusions'
3. GOn-Bo,lnl ;md City agree that, CXl.:cpl a~ provid<.'ll in paragraph 5. no adjut>tl11cnt shall be made in the amount of contributions
. in ued provided in paragraph 5a. on account of prior service, or in the percentage provided in paragraph sb, because of variations
in the numbers of employees who become members of said Retirement System on the effective date hereof, from the numbers
listed above, due to termination of service by such causes as death, resignation or dischaq~:c, or the employment of individuals
not incllU)ed in ~id num~rs.
..I.t!- .Bcnc~~ o~ ac~Ju~t of prior service, that is, service credited hereunder as rendered to City prior to the effective
date hereof, shall be allowed to city firemen and city policemen and to other employees, only as percentages of the respectivc
average platies specified in said Retirement Act, for each year of such service, and said percentages shall be equal to
),90.%_ _per ccnt of the analogous percentages now used under said Retirement System in calculating: benefits on aCl,:Ollnt of
prior service, allowed to members of the California State Highway Patrol and to other employees of the State of California,
respectively.
5. City shall contribute to said R~~ement System as follows:
a. The sum of $31.J5.99'_~ 2~r annum, payable in equal monthly or less frequent installments as lkurd shall
require, for a period oL__3-Q~ years, on account of the liability for benefits based on service rendered to
City yri.9r to the effective date hereof.
b.8_.A_7-b-5___per cent of total salaries paid by City each month to its employees who arc members of said
Retirement System, provided that only salary earned as members of said System shall be included in said
total salaries, and that employees who arc members of said System shall include employees who become
members upon the effective date hereof and employees who become members thereafter.
c. A reasonable amount as fixed by Board, payable in equal monthly or less frequent installments, as Board
shall require. to cover the costs of administering said System as it affects the employees of City, not including
the costs of special valuations or of the periodical investigation and valuation required by law, provided that
said amount shall not exceed A-~.U per fiscal 'year per member, on the basis of the number of employees
of City who are members on July 1st of the respective fiscal years, or with respect to the first year of
participation, on the effective date of said participation.
d. A reasonable amount as fixed by the Board, payable in one installment from time to time as the occasions
arise, to cover the costs of special valuations on account of employees of City and the costs of the periodical
investigation into the experience under said Retirement System. as it affects said employees, and the valua-
tion of the assets and liabilities of said System on account of said employees.
Contributions required of City and its employees shall be subject to adjustment by the Board of Administration on
account of amendments to the State Employees' Retirement Act, and on account of experience under the Retirement System,
as determined by the periodical investigation, valuation and determination provided for by said Retirement Act.
6. Contributions required of City under paragraph 5 immediately preceding, and contributions required of City's
employees who arc members of said System, shall be paid by City to the State Employees' Retirement System within thirt)'
days after the end of the month or longer period to which said contributions refer. If more or less than the correct .1Inount
of contribution required of City or its employees is paid for any period, proper adjustment shall be made in connCOi(lll with
subsequent remittances of the City to the Board, to rectify the errorSj or such adjustments on account of errors madl' in
contributions required of employees. may be made by direct cash payments between the employee in connection with whom
thl' error was made, and Board. Payments of City to Board may be made in the form of warrants, bank checks, bank drJ.fts,
certified checks, money orders, or cash.
WITNESS OUR HANDS the day and year first abuve written.
7
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BOARD 01' ADMINISTRATION
STATE EMPLOYEES' R~TIREMENT SYSTEM
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UAYuR ANDOOWAON COm~CIL
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C ITY OFu~N BER!lARDINO
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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
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The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract effec-
tive 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, and July 6, 1977, which
provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 9 of said contract amendment as executed October 1,
1973, and all paragraphs, inclusive, of the contract amendments as executed
effective October 28, 1974, March 17, 1975, April 28, 1975, November 10,
1975, and July 6, 1977 are hereby stricken from said contract as executed,
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 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) ;
.
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c. Section 20024.2 (One-year final compensation), for local
miscellaneous members and local fire members only.
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).
10. 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
fixed and determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held by the Board as provided
in Section 20759, Government Code.
11. 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
as local miscellaneous members 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) 0.211 percent until June 30, 2001 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 30.614 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
,
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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 AFTER JANUARY 1, 1952; AND
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975.
5. Effective October 28, 1974, those members who were hired by Public
Agency on a temporsry 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 temporsry and/or seasonal employees sre excluded from PERS
membership subsequent to January 1, 1975.
6. Public Agency and the San Bernardino Community Development Commission
have agreed to a merger of the Redevelopment function of the contract
of said Public Agency into the contract of the San Bernardino
Community Development Commission, pursuant to Section 20567.5 of the
Government Code. Such merger is effective as of November 16, 1981.
a. Service performed for the former agency prior to November 16,
1981 shall be subject to the terms and conditions of the former
agency's contract as it was in effect November 16, 1981. Service
performed after November 16, 1981 shall be subject to the terms
and conditions of this contract. For purposes of computing
retirement allowances, separate calculations shall be made for
service performed under each contract.
7. 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 (~ at sge 60 Full).
8. 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
(21 at age 50 Full).
9. The following additional provisions of the Public Employees' Retire-
ment Law, which apply only upon election of a contracting agency,
shall apply to the Public Agency and its employees:
a. Sections 21263/21263.1 (Post-retirement survivor allowance), for
local miscellaneous members only.
b. Section 21222.1 (Special 51 increase - 1970). Legislation
repealed said Section effective January I, 1979.
, 1
MC-425
c. Section 20024.2 (One-year final compensation), for local
miscellaneous members and local fire members only.
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 " 1979.
f. Section 21222.6 (Special 15~ increase for local miscellaneous
members as defined pursuant to Government Code Section 21222.6).
10. 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
fixed and determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held by the Board as provided
in Section 20759, Government Code.
11. 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 salariea earned
as local miscellaneous members 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) 0.211 percent until June 30, 2001 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 30.614 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
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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.
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 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 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 7th day of January.
1985.
Witness our hands the
16th
day of Januarv
, 1985.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY /
SIDNE C.
EXECUTIVE
{J7?1~
AUSLAND,
FlCER
Approved as to form:
Attest:
4&~/.?/~aN/
Clerk
PERS CON-702
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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
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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,
March 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).
-~~5
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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 System:
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 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.
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).
8. The following additional provisions of the Public Employees' Retire-
ment 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
o MC-426"
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fixed and determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held by the Board as provided
in Section 20759, Government Code.
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
as local miscellaneous members 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.
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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 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 27:!!!!.day of ~~
1 9...1i:.. .
Witness our hands the 17th
day of
Apr il
, 19.J!L.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
Approved as to form:
Attest:
,
~~il(s ,.c~2b'A?/~~A6-
Date Clerk
PERS CON-702
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AMENDMENT TO CONTRACT BE'lWEEN TIlE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
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CITY COUNCIL
OF TIlE
CITY OF SAN BERNARDINO
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OF SAN BERNARDINO, herein-
after referred to as Public Agency having entered into a contract under date of
February 6, 1945, effective March 1, 1945, 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, and November 10, 1975, which provide for participation of Public Agency in
said SYfttem, Board and Public Agency hereby agree as follows:
A. The following subparagraph shall be added to Paragraph 6 of said
contract:
6(e) Section 21222.2 (providing for increases in allowances to
which the annual cost-of-living provisions apply, payable
for time commencing on the first day of the calendar month
coinciding with or next following the effective date of
this amendment to or on account of persons retired or
members deceased on or after January 1, 1971 but before
July 1, 1971, are hereby increased by 5%).
6(f) Section 21222.6 of the Government Code(providing for 15% increases
in allowances payable for time commencing on the first day of the
calendar month coinciding with or next following the effective
date of this amendment or on account of certain miscellaneous
members retired or deceased prior to July 1, 1971).
B. Paragraph 7 (a) shall be stricken from said contract and the following
paragraphs shall be substituted therefor:
7. Public Agency shall contribute to said Retirement System as
follow..:
a. With respect to miscellaneous members, the Public Agency
shall contribute the following percentages of monthly
salaries earned as miscellaneous members of said System:
1\!.~!.lr~ -11
(1) 0.307 percent until June 30, 2000 on account of the lia-
bility for prior service benefits.
11'-"',111
(2)12.598 percent on account of the liability for current
service benefits.
C. This amendment shall be attached to said contract and shall become
effective on the ;:;t-h day of :Tnly, 1~77
Ret. Form 702-1
''.
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MC-425
Witness our hands this
7th
day of
June, 1977
BOARD OF ADMINISTRATION
PUBLIC >>lPLOYEES' RETIlIDlENT SYSTEM
Officer
Approved as to form:
2~-~,
Legal Office, P.E.R.S.
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
.-
Attest:
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Ret. Form 702-2
MC-425
CITY COUNCIL
OJ! THE
CITY OJ! SAN BERNARDINO
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AIolENDIlENT TO CONTRACT BEiWEEN THE
BOARD OJ! ADMINISTRATION
PUBLIC EMPLOYEES I RETIREMENT SYSTEIiI
AND THE
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OJ! SAN BERNARDINO, herein-
after referred to as Public Agency having entered into a contract under date of
J!ebruary 6, 1945, effective March 1, 1945, as amended effective November 1, 1949,
September 1, 1951, January 1, 1952, July 1, 1954, J!ebruary 1, 1965, J!ebruary 24,
1969, March 8, 1971, October 1, 1973, October 28, 1974, March 17, 1975, April 28,
1975, and as provided by Chapters 170 and 316, Statutes of 1971, which provide
for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Sub-paragraph (d) shall be added to Paragraph 6 of said contract:
(d) Section 20930.3 (providing service credit up to four years for
any continuous military or merchant marine service for persons
who are members because of employment by Public Agency).
B.
This amendment shall be attached to said contract and shall become
effective on the lOtih day of November, 1975
.
Wi tness our hands this
8th
day of
October, 1975
.
BOARD OJ! AlJIlNISTRATION
PUBLIC EMPLOYEES I RETIREMENT SYSTEM
CITY COUNCIL
OJ! THE
CITY OJ! SAN BERNARDINO
,
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presid~ Of
Attest:
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echinger, ecutive Officer
. Clerk
, / I
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Approved ae to form:
Ret. J!orm 702
MC-425 . I
AJrIENlBIEtlT TO CONTRACT BETREEN THE
BOARD OF ADKINISTRATION
l'OllLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUlllCIL of the CITY OF SAN BERNARDINO, herein-
after referred to as Public Agency having entered into a contract under date of
February 6, 1945, effective March 1, 1945, 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, and October 28, 1974, and as provided by
Chapters 170 and 316, Statutes of 1971, which provide for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Sub-paragraph (c) shall be added to Paragraph 6 of said contract:
(c) Section 20024.2 (defining "final compensation" for m1scellaneous
members only, on the basis of average compensation earnable during
the year elected by member).
B. Paragraph 6.5 shall be added to said contract:
C.
6.5 Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law effective as of the effective date
of this amendment to this contract. Accumulated contributions of
the Public Agency as of the date of such amendment shall be fixed
and determined as provided in Section 20759, Government Code and
such accumulated oontributions and contributions hereafter made
shall be held by the Board as provided in Section 20759, Government
Code.
Paragraphs 7 (a) and 7 (b) shall be stricken from said contraot and the
following Paragraphs 7 (a) and 7 (b) shall be substituted therefor:
7. Publio Agency shall contribute to said Retirement System from and
after the effective date of this amendment as follows:
a. With respsct to miscellaneous members, the agency shall contribute
the following percentages of monthly salaries earned as miscellaneous
members of said system:
(1) 0.29 percent until June 30, 2000 on account of the liability
for prior service benefits.
(2) 10.37 percent on account of the liability for current service
benefi ts.
(3) 0.20 percent until September 30, 1983 to provide the benefits
under Seotion 21222.1 of the Government Code.
Ret. Pom 702-1
MC-425'"
.
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b. With respect to local safety members, the public agency shall con-
tribute the following percentages of monthly salaries earned as local
safety members of said System:
(1)
0.0" ercent until
for pr1 r servic
ne 3D, 2001 on account of the liability
enefits.
(3)
account of the liability for current service
(2)
September 30. 1983 to provide the benefits
of the Governn.en t Code.
B.
This amendment sha~l be attached to said contract and shall become effective
on the 28th day of April 19....I5-
Iii tness our hands this
17th
day of
March, 197"
.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYS'l'EM
CITY COUNCIL
OF THE
CITY OF SAN BERNAR
BY
ecutive Officer
Attest:
,~: ;/,1 +.<
Clerk
Approved as to Form:
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n1strative Adviser
Ret. I'orm 702
KC-425
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OF SAN BERNARDINO, herein-
after referred to as Public Agency having entered into a contract under date of
February 6, 1945, effective March 1, 1945, 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, and October 28, 1974, and as provided by
Chapters 170 and 316, Statutes of 1971, which provide for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
(J
AJlENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES I RETIREMENT SYSTEM
AND THE
,1\
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
A. The words "EXCLUDE LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975 shall
be added to paragraph 3 of said contract and the following exclusions
shall exist:
EXCLUDE PERSONS HIRED ON OR AFTER OCTOBER 28, 1974 AND PRIOR
TO JANUARY 1, 1975 'IlHO ARE EMPLOYED ON A TEMPORARY AND/OR
SEASONAL BlSIS IF IT IS A CONDITION OF EMPLOYMENT AT TIME
OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS.
EXCLUDE CROSSING GUARDS WHOSE EMPLOYMENT COMMENCES JANUARY 1,
1952 OR AFTER.
EXCLUDE LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975.
B. This amendment shall be attached to said contract and shall become
effective on the 17th day of March, 1975
Witness our hands this
21st
day of
February, 1975
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES I RETIREMENT SYSTEM
CITY COUNCIL
OF iliE
CITY OF SAN BERNARDINO /"
/
BY
Carl
J/) 7.
, ' /
ecutive Officer
BY
rresiding O~ficer
f,
Attest:
Approved as to Fo m:
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inistrative Adviser
Ret. Form 702
I KC-425
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
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AJ4ENDMENT TO CONTRACT BE'.rfI&ISN THE
BOARD OF ADMINISTRATICli
PUBLIC DlPLOYEES I RETIRP:tlENT SYSTEM
AND THE
The Board ot Administration, Public Employees' Retirement System, hereina1'ter
rete=ed to as Board and the CITY COUNCIL of the CITY OF SAN BERNARDINO, herein-
after refe=ed to as Public Agency having entered into a contract under date of
February 6, 1945, effective March 1, 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, and October 1, 1973, and as provided by Chapters 170 and
316, Statutes of 1971, which provide for participation of Public Agency in said
System, Board and public agency hereby agree as tollows:
A. The words "EXCLUDE PERSONS HIRED ON OR AFTER OCTOBER 28, 1974 WHO ARE
DlPLOYED ON A Tl!JlIl'ORARY AND/OR SEASONAL BASIS IF IT IS A CONDITION OF
DlPLODlENT AT T])(E OF HIRE THAT SAID DlPLonIENT NOT EXCEED SIX MONTHS"
shall be added to Paragraph 3 of said contract and the following ex-
clusions shall exist:
EXCLUDE PERSONS HIRED ON CR AFTER OCTOBER 28, 1974 WHO ARE
EMPLOYED ON A TI!XPORARY AND/CR SEASONAL BASIS IF IT IS A
CONDITION OF l!JlIl'LonIENT AT TIME OF HIRE THAT SAID DIPLOY-
MENT NOT EXCEED SIX MONTHS.
EXCLUDE CROSSING GUARDS WHOSE DlPLOYMENT CCIlMENCES JANUARY 1,
1952 CR AFTER.
B.
This amendment shall be attached to said contra9tj and shall becOllle eftec-
tive on the ';;'15--"" day otcl'r.'-j.-4. /'f--';7,/,.
,
Wi mess our hands this /)_/
day of ;<~_~'l ;?;"u;/{'I-
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BOARD OF Aa4INISTRATION
PUBLIC l!XPL0YEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN
Attest:
-at;-;:t ~ u '~L- J;:~z//
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Ret. Form 702
""
AMENDlIlEHT TO CONTRACT BE'lWEEN TH3
BOARD OF ADMINISTllATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OF SAn BERNARDINO, herein-
after referred to as Public Agency havinS entered into a contract under date of
February 6, 1945, effective b~ch 1, 1945, and as amended effective November 1,
1949, Septelnber 1, 1951, January 1, 1952, July 1, 1954, February 1, 1965, February
24, 1969, and March 8, 1971, and as provided by Chapters 170 and 316, Statutes
of 1971, which provide for participation of Public Agency in said System, Board
and public agency hereby agree as follows:
A. Paragraphs 1 through 9 are hereby stricken from said contract as executed
effective t~ch 1, 1945, and arc hereby replaced by the following para-
graphs numbered 1 through 9 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 retire-
ment age" shall mean age 60 for 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 such as
by express provision thereof apply only on the election of contract-
1ng agencies.
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 firemen (herein referred to as local safety members);
b. .Local policemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to
as miscellaneous members).
The following employees shall be excluded from membership in said
~..Ret:l.remen t System:
. ,
EXCLUDE CROSSING GUARDS WHOSE EMPLOYMENT
COMMENCES JANUARY 1, 1952 OR AFTER.
Ret. Porm 702-~
MC-425
.
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4. The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member shall
be that provided in Section 21251.13 of said Retirement Law.
5. 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 wi th Section 21252.01 of said
Retirement Law.
6. The following additional provisions of the Public Employees I Retire-
ment Law which apply only upon election of a contracting agency
shall apply:
a. Section 21263 (providin" upon death of a miscellaneous member
who retired for service or disability for the continuation of
a post-retir'ement survivor allowance to certain survivors).
b. Section 21222.1 (prOviding for increases in allowances to which
the annual cost-of-living provisions apply, payable for time
commencing on the first day of the calendar month coinciding
wi th or next following the effective date of this amendment to
or on account of persons retired or members deceased on or
prior to December 31, 1970).
7.- Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall con-
tribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) 0.32 percent until June 30, 2000 on account of the liability
for prior service benefits.
(2) 10.33 percent on account of the liability for current service
benefi ts.
(3) 0.20 percent for ten (10) years on account of the liability
for the benefits prOvided under Section 21222.1 of the
Retirement Law.
b. With respect to local safety members, the agency shall contribute
the follOwing percentages of monthly salaries earned as lOcal
safety members of said System:
(1) 0.404 percent until June 30, 2001 on account of the liability
for prior service benefits.
(2) 19.696 percent on account of the liabUi ty for current
service benefits.
(3) 0.51 percent for ten (10) years on account of the liability
for the benefits provided under Section 21222.1 of the
Retirement Law.
Ret. Forin 702-2
KG--425 .... '
",
c. A reasonable amount per annum, as fixed by Doard 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 periodical investigation and valuation required by law.
d. A reasonable amount as fixed by the Board, payable in one install-
ment as the occasions urise, to cover costs of special valuations
on account of employecG of Public Agency, and costs of the period-
ical investigation and valuationG required b;1' law.
8. Contributions required of Public Agerlc;}' and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on acc01U1t of the experience under the
Retirement System, as determined by the periodical investigation and
valuation required by said Retirement J,sw.
9. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System wi thin thirty days
after 'the end of the period to which said contributions refer. 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, or adjustments on accoilllt of errors in
payments be~veen the employee and Board. Payments by Public Agency
to Board may be made in the form of warrants, banlc checks, bank
drafts, certified Checks, money orders, or cash.
B. This amendment shall be attached to said contract and shall become effec-
tive on the Fir~t- day of October. 1973 .
Witness our hands this 'I t /, day of I } /"'l' Ii!.')
- , I , "
I
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
>y~~p
, Presid g ffic r
Attest:
'_"--~-,~~:;t:.t'<-.
Clerk
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Ret. Form 702-3
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MC-425
CITY COU j JCIL
OF THE
CITY OF SAN BERiIAtWIilO
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AdElmNENT TO COHTlli',CT tJETlvE)'.;1 THE
BOARD OF ADNHIISTRATION
PU9LIC EHPLCYESS I r(ETIREl-LNT S{S1'Bi';
A1m THE
The Board of Administration, ?ublic Emplo:iees I l(etirement System, bereinafter
referred to as Board, and the CITY COUNCIL of the CITY OF SAN BERNi'.RDINO, hereinafter
referred to as Public Agency, having entered into a contract under date of February
6, 19h5, effective Barch 1, 1945, and as amended effective November 1, 1949, September
1, 1951, January 1, 1952, July 1, 1954, February 1, 1965, and ~'ebruary 24, 1969,
which provides for the participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective 11arch 1, 1945, and are hereby replaced by the following para-
graphs numbered 1 through 11 inclusive:
1. All words and terms used herein which are defined in the Public Employ-
ees I Retirement Law shall have the meaning as defined therein unless
otherwise specifically provided. "Normal retirement age" shall mean
age 60 for miscellaneous members and age 50 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after Barch 1, 1945, making its employees as [lerein-
after provided, members of said sYBtem 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 such as by
express provision thereof apply only on the election of contracting
agencies.
3. Employees of Public Agency in the following classes shall becOlne members
of said Hetirement System except sucb in each such class as are excluded
by law or this af'reement:
a. Local firemen (herein referred to as local safety members);
b. Local policemen (herein referred to as local safety members);
c. llinployees other than local firemen and local policemen (herein
referred to as miscellaneous members).
The following emfJloyees shall be excluded fron. membership in said
Retirement System:
EXCLUDE CROSSING QUAlmS 1',rhOS]!; EH?LOYhBHT
COIli'lL:NC.SS JANUhltY 1, 1952 OR A~'TER.
[(et. f'orm 702-1
-' --
MC-425
4. The fraction of final compensation to be provided for each year of
credited current service as a miscellaneous ,"ember upon retirement
at normal retirement age sh&ll be 1/60 and shall be applied as pro-
vided in Section 21251.1 of said Retirement Law.
5. The fraction of final compensation to be provided for each year of
credited current service as a local safety member shall be determined
in accordance with Section 21252.01 of said l(etirement Law.
6. Benefits on account of prior service shall be 100~ of the fraction
of final compensation specified for miscellaneous !"embers in Para-
graph 4 above, but computed in accordance with Section 21253 of said
Retirement Law, and for local safety members sDall be 100% of the
fraction established in accordance with Paragraph 5.
7. Contributions for miscellaneDus and local safety menillers shall be
subject to Sections 20601 and 20603.01 respectively of said Retire-
ment Law.
8. The following additional prDns~ons Df the Public r:;mployees' Retire-
ment Law which apply only upon election Df a contracting agency shall
apply to the Public Agency and its employees:
a. Section 20024.01 (defining "final cDmpensation" Dn the basis of
a period of three cDr.seclltive years).
b. Section 21258.1 (providing a minimum retirement allDwance Df
,!~1200.00 per year under certain conditions).
c. Section 21367.51 (providing a J500.00 death benefit UpDn death
after retirement).
d. Section 20025 (providing for inclusion of cor;lpensation without
limit in computations where cDmpensation is a factor).
e. Section 21365.5 (providing monthly allDwance in lieu of the basic
death benefit fDr certain survivDrs of a member who dies in employ-
ment after qualifyinf, for vDluntary service retirement).
f. Section 21264.1 (prDviding upDn death Df a local miscellaneous
n~mber who retired fDr service or disability for the cDntinua-
tion Df one-hali" the retirement allowance to certain survivors).
g. Section 21251.3 (prDviding fDr increases in allDwances payable
for time commencing on September 1, 1951 to persons retired on
and prior to September 1, 1951 in accordance with the contract
as amended on said date providing that no allowances be decreased).
h. Section 21251.6 (providing for increases in allowances payable
for time commencing on the First day of July 1965 to persons
retired prior to January 1, 1962).
i. Section 21251.75 (providing for increases in allowances payable
for time commencing on the First day of March 1969 to persons
retired prior to January 1, 1967).
ftet. eoru, 702-2
J
MC-425
9. Public A[Cency shall contribute to said Hetirement System as follows:
a. \h th respect to miscellaneous members, the public alSency sball
contribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) 0.348 percent until June 30, 2001 on account of the liability
for prior service benefits.
(2) 10.202 percent on account of the liability for current service
benefits.
b. \-lith respect to local safety men,bers, the public agency sball
contribute the following percentages of monthly salaries earned
as local safety members of said System:
(1) 0.404 percent until June 30, 2001 on account of the liability
for prior service benefits.
(2) 16.075 percent on account of the liability for current service
benefits.
c. A reasonable amount per annum, as fixed by Doard to cover the
costs of aruainistering said System as it affects the ~lployees
of Public Agency, not including the costs of special valuations
or the periodical investigations and valuation required by law,
9rovided that said amount shall be determined on the basis of
the number of ernploY8es of Public ,>gency who are reported as
members on a payroll designated by the System covering one month
of each year, or with respect to the first year of participation,
on the effective date of said participation.
d. A reasonable amount as i'i.xed by the Hoard, payable in one install-
ment as the occasions arise, to cover costs of special valuations
on account of employees of Public A,,;enc;{, and costs of the period-
ical investigiition and valuation required by law.
10. Contributions required of i'uulic I\"ency and its emploY88s shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of experience under the
Retirement System, as determined by the oeriodical ir>vestigation
and valuation required by said Retirement Law.
11. Contributions required of fublic I\gency and its ~ployees shall be
paid by Public Agency to the Retirement3ysLem within thirty days
after the end of the period to which said contributions refer. If
more or less than the corr8ct amount of ccntribution is paid for any
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:'(Adi_c::;t..Ci S or adjusLfll~I1L on ,-~I::';OUl.t ;_,,' t;f'C,;{,E:; )Ji c.'I:Lr'~il,j,l.lQ[l~:;:'t-
'l,i:.::'e,_; 0.;: atlY emplo,;ree .:.a~~' Ut; ,,:~:/le l~':': (E1'u:t (::,:511 ;J(:.I,:12I1tS ::(;li,',-.:'ll
thE: employef.j. and joa:.:'d. ...iayiTIt.;iit:-J by ,IuuLI C ~1.,)encJ' to ;~o~('r] .11,:.';/ DE:
made in the forla of warrants, bank cllecks, bank rlriifts, certifierl
checks, money orders, or cash.
B. This amendment shall be effective on the
"o/a1t"P/ d 7/ .
,f}-A/
day of
\iitness our hands this
.-,{.0'~/
day of
fh)/E,cz;;y/ /'/7/
.
J.jOArW OF' AD11INIST~1,TION
?\THLIC E:l"IPLOYBES I ft"Tlccc.I1;;HT SYSTJ;;jfl
CITY CaUl/elL
OF TIlE
CITY Of SJ\': B."lNA11J'L,'10
icer
Attest:
Clerk
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Ret. Form 702-4
MC-425
lUJElmMEHT TO C'J!JTIlACT BETIIEEJ! TEE
BOARD OF ADHIlIISTRATIOlI,
STATE EMPLOY:lES' RETIRE;,lENT SYSTEM
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AND !'~yn"(G~~e;~J'.~~n B~d0Cll
OF TIlE <1. ty nO '~~n 'lFrn"t'11no
Name 0 Pu lie Agency)
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The Board of Administration, State Employees I Retirement System, and the
, of the" of ~i II dernu,iilJo
1.~,OI(~e;nuflf/f'13o%-'r~l Name of Public Agency
hereinafter referred to as Agency, having entered into a contract under date of
Clo'^ll . r' ~ , 19J15.., effective Ilarch 1 , 1945.
which PI'ovfdes ~for the participation of said A.gency in said Retirement System, and
said contract being based on the Retirement Law as that Law existed prior to the ad-
dition of Section 20894.5 to said Law, referring to contributions for Military Ser-
vice, said Board of 1.dministration and said '~Cfo;'er~i~~n &d~{nUll"ll hereby agree
to amend said Contract as follows:
,
1. The following paragraph shall be added to said contract:
The provisions of Section 20B9h.5 of the State Employees' Retirement
Law, referring to contributions for Military Service, shall apply to per-
sons who are members because of employment by agency. Agency shall con-
tribute to the State Employees' Retirement System upon the effective date
hereof, the sum of' $ H 'M7 7:\ , toward the cost of such application.
Said amount and the delermination of said cost shall be subject to adjust-
ment by the Board of' J.dministration in the same manner as other contribu-
tions required of !\.gcncy under said Contract, and any adjustment determined
by tho Board as nocessary shall be included in the contributions thereafter
required of Agency under said Contract.
2. Benefits, including retir(;ment allowances, prior to the ei'fective date
of this amendment, shall not be affected by this amendment.
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3.
This amendment shall
as of November 11
attached to said contract and shall be effectiVe
, 19-19.
Witness our hand this
Attest.
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day of
Octo b r
L,<1
,19_.
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Meyor ~nd Common Council
Name of Lugislative Body
of
BOIJID OF J\DMIIIISTR!\.TIOIl
STJSE ~,IPLOYEES I RET}REMENT SYST~
By /7__ .r.d/~
\./ .~reS1.dent _
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Attest: {
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F328e (Mil.Contbs.)
:"~7
MC-425
AHENDNENT TO CONTRACT BEThEEll THE
BOARD OF ADMINISTRATION
STATE EMPLOYEES I RETlREMENT SYSTEM
AND THE HAYOR AND CO}n'lOll COUNCIL
OF THE CITY OF SAN BERN.~INO
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The Board of Administration, State Employees' Retirelllent 5#6temjDand
the MAYOR AND C01lMON COUNCIL of the CITY OF SAN BERllARDINO hereinafter
referred to as Agency, having entered into a contract under date of
February 6, 1945, effective March I, 1945, which provides for the partici-
pation of said Agency in said Retirement System, said Board of Administration
and said MAYCR AND COI1MON COUNCIL hereby agree to amend said Contract as
follows:
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1. The words "No Additional Exclusions" shall be and are hereby
stricken from paragraph 3 of said Contract.
2. The words "Employees of Agency whose service as Crossing Guards
commences after the effective date of this amendIoont are ex-
cluded with respect to such service", shall be and are hereby
added to said paragraph.
3. Benefits, including retirement allowances, prior to the effective
date of this amendment, shall not be affected by this amendment,
except as otherwise proVided herein.
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4. This amendment shall be attached to said contract and shall be ,",<{
effective the first day of U~~<li<~l! , 19 $J!:x. ,\::\
l.lanUar"l:T 1., .1:.10;:::: -"
, day of November 19 51 .
Iii tness our hand this
20th
Attest:
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MAYOR AND GOHMaN COUNCIL
Name of Legislative Body
Clerk
,
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STATE BOARD OF ADMINISTRATION
STATE E}IPLOYEES I RETIREHENT SYSTU!<
THE GI1'Y 01:<' SAN 3J:::hNARLINO
Name of Public Agency
By
President
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EORG~ G. B AIR
MAYOR
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Attest:
~~
' Exe tive Cf ioe;-
JAN 181952
Coos sing Guards Amend.
MC-425
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AMEWMENT TO CONTRACT BETWEEN TIlE
BOARD OF ADMINISTRATION
STATE mfi'LOIEES' RETIREMENT SYSTEN
AND TIlE MAYCE AND CCIlMON COONCn.
OF TIlE CITY OF SAN mmwmmo
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The Board of AdIIin1stration, state Dnployees' Retiremllnt Sy'stelll, and the MAYlE
AND COMMON CcmlCIL of the CITY OF SlN BE3NARDINO, bereinatter referred to as
AgeDq, having entered into a contract under date of P'8bruary 6, 1945, effect-
ive March 1, 1945, which pt'ovides for the participation or said Agency in said
Retirement Systu, and said Contract beiDg based on the Retirement Law, ex-
clunve ot amendments thereto which changed benefits and ages of retirement,
said Board ot Administration and said MAYOR All COHKCIf COONCIL hereby agree as
tollowsl
1. The tollowing paragraph shall be and is hereby added to said
Contract.
14. The provieiol18 or Section 20024.01 of the state Employees'
Retireaent Law, wb1ch provide that "final compensation"
shalllll8an the higheet average alUllUll compensation earn-
able by a I11811ber during any period of three consecutin
years during his ma.bership in the SyStelll, SIlA.LL APPLY to
8IIlp1oyees of PIlbl1c Agency who become members of said
Retirement Systu.
2. The cost ot such application, not lending itself to ready deter-
Jd.D&tion in advance, shall be determined by the Board of AcBinis-
tration at the proper time and in the same manner as other con-
tributions thareatter required of Agency under said Contract, and
8:D1' adjustment dete1'llined by the Board as necessary shall be in-
cluded in the contributions thereatter required of AgeDq under
said Contract.
3. This lUII8ndment shall be attached to said Contract and shall be effectin
as of JulY 1 19S4.
Witness our hand this
26th
day of
April
19,4.
BOARD OF .wmnSTRATION
:A~/7:~',~~~l SYSTEN
, President
Attestl, ~ J.
tM/tlJ.
MAYOR AND COMMCH COUNCIL
OF THE CIn IJF SAN BE3NARDINO
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Ps:eslding Om.cer
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KC-425
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iJl;jjLIC i~i'll)l,OYi~~~-.l1 iU':'-~;-il_';..l'~./r _) j ,.J C_"J d'H- 'Ilil~
The L:J;.rd ....:.1' rl';!lti:Listrc:.t:i(d~, j'>u(,Lic .~j:IJ-,lu./t.:cR I .,( t j rL.HJ~.:nt SYSt8"I, i.l~l\ ':rl:,{~t'r
r'\;ff_r1~f':d to ,-lS !,(J;:,rJ, and t.he C~Tf (;CJi'I'!l~;L 01' Ui(.' ','~'!'l' (,f Sb.~J lj:~l(!L:..ultJCJ) tt.:.r'I-dn0ftf'1'
1'l:ft~rr(:d to ;'5 :"IIL]i(~ llgenc,y, h,.".ili:: (;;jt.;'l"-~i ],.Le' ,:urd,[':,ctl.u.d(~r date 01' l"cbruury (,
191~:~, fd'feetiv8 l-;.:::rCf: 1, 1945, and CiS anl(:IHjC(1 el'L'o:-;ceJvtJ ;'~oveHi.bt.'l' 1, 1949, September 1,
19)1, Jam;ary 1, 1952, July 1, 1954, arId Fd l"l."r.:,' 1, lY65, which u!'(;viLles for Lhe
'1(;rtiei~ld1.i(Jn of Public 1l.genc~' .in s,s.id S:/stem, tk:d.l'ci. :Jnd J~.i.blicr:i;en('.;r hereby ;i[!'Ht.:.
.~~s I'ullows:
,:-. 'I'ht: rol1o~.rinr': ,:,ubp:'r.: I.r; ::,L s~~~,l.L r..e a ~l:l;d to ~l:lr:"T&pi: 7 ,~d' s.:...iu C(;ntl'.;~(:t:
7 (k) Su;ti on ?l~:'~.'l. 75 of tilt: ~~c.vo:::rIlIILr:ut ::ud(-~ ( L'C1V i ;-lllt~ 1'01" j ncr'er~.:..cs in
<J]lowhIJc8s r,ayable for tjJce c(';:'i,t:t.Lcln~~ {,n tLc fi.:--st dE--Y "f t.r,t: (; ]dHi;r
month coinciding "ith or next following the tfftctlve date of this
afl1endlHent to persons retir~~d prIor to January 1, 1967).
1'. "~ragranhs 3 (a) and 8 (b) sh"ll be str.lc\:en f'rG'" ',cia L()ntl'ocL ;""d Itl" fol-
lot.dng 9c;ragrapLs substitutt;d thl:r(~fcr:
8 (8) I,-li Lh respect. t,) mjsce11ctnecus HH2iT,Ler:" tht.; :",blle agency stl<.lll cOlltri-
bute the following percetltuges of lIIud.! \/ :>'lori,,", ean.ed as m1 sce11,,-
neOL<S men,bers of said Sysl.eJ:l:
(1) 1.788 o~.rcent b,nt.:il L<~bruar.>' 28, 19~'S on .;li."{.:{ILUit c1' Uw liroLdlit./
for prier service bc(lt:!Oi l s.
(2) 7.J73 !)crcer.t 011 u....l>,uLt 01 Ll,i~ lii.lLjli1'j F01' 1_':ll'l'i.nt :;'dJ'VjCC
be riefj ts..
d (b) ,ii tb respect. to local sa1'e ty Ji.,;:lx)'", the [luLU c :,<;,,1<,,"' ~h;,ll cOL1-ribd,,,
the fol1oT,Iing percent"ges of JiooIithly S~; 12.['j t~S c<Ttlecl ;~S lee.::..l .s,>.l.\~ty
members of said System:
(1) 2.29lJ p'T"Ccnt until i"ebrlul'.. 28, 19l~; "I< ""Gould.;)1 t"" li"bl1ty
for pri or service b"tJeflt s.
(2) 12.691, r-ercent CI< a"courrt, '.S LL"
bf;nefi 1 fj.
E-d-'1.~..:.. t,;- f'nr C'urreut sf::;:'vl ce
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l;"nt r":U:1._i.1UC ::~1'-i'11 b.1(;,-lmt::: effectlvB
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i!I. . .'1' OF ADNL.rISTr,' not<
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Al.1"ENll.!ENT TO CONTRACT BETUEEN THE
BOARTJ 0;;' ADMINISTl1A TICll
STA TE flIPLOYEr.s' RETIREMENT SYSTEl
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CITY OF SAN BERNARDINO
(Name of Public A(lency)
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MAYCR AlID COMHON COUNCIL
(Governing ~ody)
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The Board of \dministration, State Employees' Retirement System, and the
MAYOR AlID COMMON COUNCIL of the CITY OF SAN BERNARDINO
- (Governing Body) (Name of Public Agency)
hereinafter referred to as Agency, having entered into a contract under date of
FEBRUARY 6 , 19.Ji.L, effective MARCH 1 , 19...!IL,
which provides for the participation of said Agency in said Retirement System,
and said Contract being based on the Retirement Law exclusive of amendments
thereto ~mich changed benefits and ages of retirement, said Board of Administration
and said MAYOR AND CONMON COUNCIL hereby agref' as follows:
(Governing Body)
3a, 4, Sand 6
,
1.
Paragraphs
Contract.
shall be and are hereby stricken from said
2. The following paragraphs shall be and are hereby added to said Contract:
h. Abe 60 shall be the normal age for retirement for service, of persons
who are miscellaneous nembers because of emplo;yment by Public AGency,
that is, illembers other ~~an Local Piremen, Local Policemen or County
Peace Officers, and one-sixtieth shall be the fraction of final compensa-
tion, as defined in said Retirement Law, to be provided for each year
of service as a member upon retirement at age 60, and the provisions of
Section 21251.1 of said Retirement Lan, rrovidinc for a r,uaranteed percent-
age of said final compensation, shall ap:lly.
5. Prior service benefits to miscellaneous members el~ployed by Public Agency,
that is, members other than Local Firemen, Local Policemen, or County
Peace Officers, upon retirement for service, shall he allovred only as a
percentar,e of the average salary specified in qection 21253 of said
!tetirement Law, for each year of such service, and said percentage shall
he 10D per cent of the percentage determined under said Section for the
age at retirement.
6. 1ge 55 shall be the minimum age for retirement for service, of persons
who are members because of employment by Public Aeency as Local Firemen,
Local Poliee'nen or County Peace Officers and the provisions of Section
21252.4 of the State Employees' Retirement Law, providing for a guaran-
teed percenta~e of final compensation for each year of current service
as a mffiaber, shall apply to such mffinbers.
7. r.en'~fit3 on account of prior service, that is, service credited hereunder
as rendored to Public j\Gency prior to the effective date of participation,
to res!1ective persons liho are I:lenbers because of employment by Public
\r,ency as Local Firffinen, Local Policemen or County Peace Officers, shall
be ~llaNed only as a percentage o~ the avera~e s~lary specified in said
Tletirer.1mt I.m, for each rear of such service, and said percentage shall
be !Q2 per cent of the fraction of final compensation, as defined in the
F701-l (117-1,9 5ll) 6/<;1 ),<;0
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State Employees' Retirement Law, for each year of service rendered after
said date, as detel~ined for said respective members under said law, for
retire~ent for service at aGe 55, or upon qualification for service
retirement at a. hiGher !lge. Ira member retires for service before
at~"ining age 55, his prior service pension shall be reduced to that
amount ~,hich the value of the pension as cererred to age 55 ~ill purchase
at the actual age of retirement. --
n. The provisions of Section 21258b of the State Employees' Retirement Law,
guaranteein~ a minimum retirement allowance under certain conditions
shall apply to persons who are members because of employrnent by
Public AGency.
9. The provisions of Section 21;67.5 of the State Employees' Retirement Law,
providinc a $300 death benefit after retirffinent shall apply to
persons 1"!no are members because of employment b~' PubHc Agency.
10. The provisions of Section 20025 of the State Employees' Retirffinent Law,
providing t!nt there shall he no maximum limitation in the compensation
which shall be included in computations under the Retirffinent Law,
shall apply to employees of Public Agency who become members of
said Retirement System.
11. The retirement allowances of persons who were members because of em-
ployment by Public Agency and who were retired prior to the effective
date of this amendment shall be recalculated on the basis of this con-
tract, and said allowances shall be paid for time beginning with the
effective date of this amendment in the recalculated amounts. Para-
graph 7 of this contract shall apply to persons retired prior to
effective date of this amendment and who are entitled to receive a
retirement allowance based on time after said date because of employ_
ment by Public Agency.
l~Public A3ency shall contrihute to said Uetirement System as follows:
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a.
The stun of C 117 1 <;2.00 per annum, or more frequent installments as
Board shall require, for the period of years stated in said Contract,
less the time elapsed fro~ the date of participation to the effective
da te hereof.
b.
5.380 per cent of total salaries paid ~y Public Arency each month
to its employees who are members of said Retirecment System, provided
that on:J.y salary earned 'lS members of said Systen shall be included in
said total salaries, and the employees vmo are members of said System
shall include employees who are members upon the effective date hereof
and employees who become members thereafter.
c.
A reasonable amount per annum, as fixed by Board, to cover the costs
of administering snid System as it affects the employees of Public
Acency, not including the costs of special V31uations or of the peri-
odical investigation and valuation required hy law, provided that
said amount shall be det~~Gined on the basis of the number of employees
of Public Ar,ency ~~o are members on July 1st of the respective fiscal
years.
d.
A reasonable amount as fixed by the Board, payable in one instal~nent
from time to time as the oc~asions arise, to cover the costs of
special valuations on account of employeps of Public Agency, and the
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MC-425
PUBLIC
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
EMPLOYEES' RETIREMENT
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
SYSTEM
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The Board of Administration, Public Employees' Retirement syste~J~her~after
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 1, 1952, July I, 1954,
February I, 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 and May 27, 1985, 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 May 27, 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
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 contract-
ing 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).
.
"
MC-425
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 AFTER JANUARY 1, 1952;
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975;
c. LIFEGUARDS;
d. SENIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RECREATION INTERNS;
g. RECREATION AIDES;
h. SENIOR RECREATION LEADERS;
i. RECREATION SPECIALISTS;
j LOCKER ATTENDANTS;
k. VEHICLE OPERTORS; AND
1. 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.
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).
8. The following additional provlslons of the Public Employees'
Retirement 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, 1980.
c. Section 20024.2 (One-Year Final Compensation).
.
.
MC-425
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 I, 1980.
f. Section 21222.6 (Special 15\ Increase) for local miscellaneous
members.
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 as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 0.045 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 12.217 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 salaries earned as members of said
Retirement System:
(1) 26.659 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.
~
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.
MC-425
~
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
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
September , 19~.
16th
day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY
..brd(i1J (l r~r:t:/
CHARLES F. CONRAD
ASSISTANT EXECUTIVE OFFICER
CONTRACT AND PROGRAM SERVICES
BY
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Presiding Office'i r ('V'/",
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Witness Da te
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Attest:
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Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 9/86)
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MC-425
AVLENDMENT TO CONTRACT BETwEEN THE
BOARD OF AmlINISTRATIOll
STATE EMPLOYEES' RETIREHENT SYSTEH
AND 'mE
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The Board of Administration, State Employees' Retirement System, hereinafter
referred to as Board, and the CITY COUNCIL of the CITY OF SAN BER"fARDINO, herein-
after referred to as Public Agency, having entered into a contract under date of
February 6, 1945 effective March 1, 1945, and as amended effective November 1,
1949, September 1, 1951, January 1, 1952 and July 1, 1954, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Wherever in said agreement the word "City" appears, the term "Public
Agency" is hereby substituted.
B. The following phrase is added tc the sentence which constitutes
Paragraph Number 1 of said agreement:
"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 such as by express provision
thereof apply only on the election of contracting agencies."
C. Paragraphs 3 through 14 are hereby stricken from said contract as
executed effective March 1, 1945, and as amended effective November
1, 1949, September 1, 1951, January 1, 1952 and July 1, 1954, and
are hereby replaced by the following paragraphs numbered 3 throur,h
10 inclusive:
3. Employees of Public Agency in the following classes and groups
shall become members of said Retirement System except such in
each such class and group as are excluded by law or this agree-
ment:
a. Local Firemen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
miscellaneous members).
In addition to the employees excluded from membership by said Re-
tirement Law, the following employees shall not become members of
the Retirement System:
EXCLUDE CROSSING GUARllS vJHOSE El'lPLOYMENT COI1l"lliNCBS
JANUARY 1, 1952 OR AFTER.
Ht;:t.. Form ?n?_l
KC-425
4. All words and terms used herein which are defined in the State
Employees' Retirement Law shall have the meaning as defined
therein unless otherwise specifically provided. "Normal retire-
ment age" shall mean age 55 for miscellaneous members and age
55 for local safety members.
5. 1/60 shall be the fraction of final compensation to be provided
for each year of credited current service as a miscellaneous member
upon retirement at normal retirement age.
6. Benefits on account of each year of prior service shall be 100
percent of the fraction of final compensation provided uncler the
Law and this contract for each year of current service upon retire-
ment for service.
7. The following provisions of the State Employees' Retirement Law which
apply only upon election of a contracting agency shall apply to the
Public Agency and its employees:
a. Section 21251.1 and 21251 (providing for a guaranteed percentage
of final compensation for each year of current and prior service
as a miscellaneous member).
b. Section 21252.1.1 (providing for a guaranteed percentage of final
compensation for each year of current service as a local safety
member) .
c. Section 20024.01 (defining "final compensation" on the basis of
a period of three consecutive years).
d. Section 21258(b) (providing a minimum retirement allmmnce of
$720.00 per year).
e. Section 21367.5 (providing a $300.00 death benefit upor death
after retirement).
f. Section 20025 (providing for inclusion of compensation without
limit j'- computations of benefits).
g. Section 20804.5 (providing for an election by members to cortri-
b'lte a'ld receive current service credit for the service rendered
prior to membership).
h. Section 20952.5 (providing for age 50 as the minimum voluntary
retirement age for local safety members with benefit payments
commencing prior to age 55 subject to actuarial discount).
i. Secti.ons 21251.3 (proviciing for increases in allowances payable
for time comrnencing on September 1, 1951 to persons retired on
and prior to September 1, 1951 in accoroance with the contract as
amended on said date providing that no allowances are to be decreased
by such recalculation. "Final compensation"shall be determined in
accordance with Section 20024 instead of Section 20024.01).
Ret. Form 702-2
MC-425
j. Section 21251.6 (providing for increases in allowances pay-
able for time commencing on the first day of July 1965 to
persons retiring prior to January 1, 1962).
8. Public Agency shall contribute to said Retirement System as follows:
a. 2.155 percent of total salaries paid monthly to members until
February 28, 1975 on account of the liability for prior service
benefits.
b. 6.866 percent of total salaries paid by Public Agency each
month to its employees who are and hereafter become members
of said Retirement Systenl, provided that only salary earned
as members of said System shall be included in said total
salaries.
c. A reasonable amou"t per aClnmn, as fixed by Board 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 periodical investigation and valuation required by
law, provided that said amount shall be determined on the basis
of the number of employees of Public Arency who are members on
July 1 of the respective fiscal years, or with respect to the
first year of participation, on the effective date of said
participation.
d. A reasonable amount as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover costs of special
valuations on account of employees of Public Agency, and costs
of the periodical investilcation and valuation required by law.
9. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the State
Employees' Retirement Law, and on account of experience under the
Retirement System, as determined by the periodical investigation and
valuation required by said netirement Law.
10. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement Systenl within thirty days
after the end of the period to which said contributions refer. If
more or less than the correct amount of contribution is paid for any
period, proper adjustment shall be made in connection with subsequent
remittances, or adjustments on account of errors in contributions
required of any employee may be made by direct cash payments between
the employee and Board. Payments by P"blic Agency to Board may be
made in the form of warrants, ba:lk checks, bank drafts, certified
checks, money orders, or cash.
Ret. ~'orm 702-3
.
MC-425
D. This amendment shall be attached to said contract and shall become
effective on the _____ day of
Witness our hands this
day of
.
iJOAHD OF ADMINIS'rRATlON
STATE &lPLOYEES r RETIR&'U:;NT SYSTIi:M
CITY COUi~CIL
OF 'J'HE
CITY OF SAN BEHNAiillI NO
~<LIC(~'--d~
Presidin{Of icer
BY ,.-" .,.><' /' .".;..~
William E. Payne, Executive Officer--
Attest:
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/ 'Clerk
Ret. ~'orm 702-4
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MC-425
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D.
This amendment shall be attached to said contract
effective on thei ( d>/ day of :1<
and shall become ,
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Witness our hands this
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II.
BOARD OF ADMI}ITSTRATION
STATE J!:MPLOYEES I RETIRElfiliNT SYSTEM
Br~~/~~
illlam E. Payne, ecu ve Officer
day of
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CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
~~,e(~~-'d~
Presidin(Of icer
Attest:
I'j:V-J 0: ~ ,
&: lerk
Ret. Form 702-4
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MC-425
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costs of the periodical investigation into the experience under said
Retirement System, as it affects said erlployeps, and the valuation of
the assets ~nc liabilities of said System on account of said employees.
Contributions required of Puhlic \eency and its employees shall be subject
to ar.justment by the Board of 1\dministration on account of amendments to
the State Employees' Retirement Lo~7, and on account of experience under the
Retirement Systel1, as determined qy the periodical investigation, valuation
and determination provided for by said Retirement Law.
13. r:ontributions required of Public ,\gency under the paragraph immediately
----preceding, and contributions required of Public Agency's employees who are
memhers of said System, shall hI! paid by Public Agency to the State
&.Iplo:rees I Retirement System ~'d. thin thirty days after the end of the month
or lon;;er period to 1'1hich said contributions refer. If more or less than
the correct a~ount of contributions required of Public Agency or its
emplo)'ecn is paid for any period, proper adjustment shall be made in connec-
tion ;.1. th subsequent remittances of Public A.€;ency to the Board, to rectify
the errors; or such adjustments on account of errors made in contributions
required of employees, may be made by direct cash payments between the
employee in connection with r,hom the error 'las made, and Board. Payments
of Public Agenc~! to Board may be made in the form of warrants, bank checks,
bank drafts, certified checks, money orders, or cash.
3. Benefits, including retirenent all~ffances, prior to the effective date of this
amen~~ent, shall not be affected by this amendment, unless otherwise provided
herein.
4. This amendment shall be attached to said Contract and shall be effective as
of September 1st , 19.2!.
~itness our hand this
l'tth
day of
Au!!ust
, 19-5J,.
iYjAY0R & COj.n.ION COUNCIL of
Name of Legislative Body
Attest:
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Clerk
crn: OF 3AN BERNARDINO
llame of Public Agency
SEP 1 31951
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By~~.l" .l ~ .; _ _'-~, "
, Fresidinr Officer
Attest: tJ
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'J)~l{Jt A~
Executive Offic;
DOA.IlD Ol~ ADMINISTRATION
STATE EMPLOYEES' RETIRD.IENT SYSTEM
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B-J .;..:, I~
President, Board of \dministration '
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MC-425
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,
hereinafter referred to as Public Agency, having entered into a contract effec-
tive 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, and July 6, 1977, which
provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 9 of said contract amendment as executed October 1,
1973, and all paragraphs, inclusive, of the contract amendments as executed
effective October 28, 1974, March 17, 1975, April 28, 1975, November 10,
1975, and July 6, 1977 are hereby stricken from said contract as executed,
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 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) ;
"
,MC-425 ' . .
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 AFTER JANUARY 1, 1952; AND
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975.
5. Effective October 28, 1974, 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.
6. Public Agency and the San Bernardino Community Development Commission
have agreed to a merger of the Redevelopment function of the contract
of said Public Agency into the contract of the San Bernardino
Community Development Commission, pursuant to Section 20567.5 of the
Government Code. Such merger is effective as of November 16, 1981.
a. Service performed for the former agency prior to November 16,
1981 shall be subject to the terms and conditions of the former
agency's contract as it was in effect November 16, 1981. Service
performed after November 16, 1981 shall be subject to the terms
and conditions of this contract. For purposes of computing
retirement allowances, separate calculations shall be made for
service performed under each contract.
7. 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 (~ at age 60 Full).
8. 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
(~ at age 50 Full).
9. The following additional provlslons of the Public Employees' Retire-
ment Law, which apply only upon election of a contracting agency,
shall apply to the Public Agency and its employees:
a. Sections 21263/21263.1 (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), for local
miscellaneous members and local fire members only.
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).
10. 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
fixed and determined as provided in Section 20759, Government Code,
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held by the Board as provided
in Section 20759, Government Code.
11. 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
as local miscellaneous members 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) 0.211 percent until June 30, 2001 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 30.614 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
, .
.
. MC-425' "
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.
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 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 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 7th day of Januarv.
19!?
Witness our hands the
day of
,19_.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY
SIDNEY C. McCAUSLAND,
EXECUTIVE OFFICER
BY
Presiding Officer
Approved as to form:
Attest:
.
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Clerk
PERS CON-702