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Home My WebLink About59-Personnel . 'CI~~ OF SAN BERNARDIN'6fttREQ~ST FOR COUNCIL A~ION Dept: Personnel Department Subject: Amendment to Contract between the City and the Public Employees' Retire- ment System to Provide 1959 Survivor Benefits (Third Level) for local Fire Members Only From: Gordon ~. Johnson Date: May 30. 1990 Synopsis of Previous Council action: ;;:; ;u ~r, ("11 c_. ,., :.':: ci ~. ,~ -, , (.J ~'" tJ -" .,"" , ,~""':' \.~ c) .." Co :-'1 Recommended motion: 1. Adopt resolution. 2. That the Mayor be authorized to sign the agreement authorizing the release of 1959 survivor benefits. assets and liabilities into the the third level 1959 survivor benefit pool. waive further reading of the Ordina c adoption on July 16. 1990. 3. ~,...~ Contact person: Gordon R. Johnson Phone: 5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: $5100 Source: IAcct. No.) 001-202-52110 (Acct. Descriotion) Fire Suppres sian - PERS Retirement ()~--y Finance: Council Notes: 75-0262 Agenda Item No .5Cf ~I~ OF SAN BERNARDI~ - REQQST FOR COUNCIL A~ION STAFF REPORT On April 2, 1990, the Mayor and Common Council adopted resolution no. 90-106 providing that the City would amend its contract with the Public Employees' Retirement System (PERS) to add the 1959 Survivor Benefits to members of the fire safety unit. This benefit provides monthly allowances to certain survivors of a member who dies before retirement. The benefits are summarized in Attachment "A". The attached agreement, resolution and ordinance are required to amend the PERS contract. Costs incurred by the City for this benefit are $2.50 per month per covered employee. The maximum annual cost is $5100 based on 170 fire safety employees. Management fire safety employees are also included in this contract amendment because PERS is unable to separate management from fire employees within the San Bernardino/Ria1to Fire Fighters Union, Local 891. The cost for each employee is $2.00 per month. This benefit is voluntary for existing employees and mandatory for new employees. AGENDAS SR. SURVIVOR jyr 5/30/90 75.0264 c - - - - - I"'"" :J '- .-..... RESOLUTION NO. 1 2 3 4 RESOLUTION OF INTENTION OF THE CITY OF SAN BERNARDINO TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. WHEREAS, the Public Employees' Retirement Law permits the S participation of public agencies and their employees in the 6 Public Employees' Retirement system by the execution of a 7 lcontract, and sets forth the procedure by which said public 8 \agencies may elect to subject themselves and their employees 9 Ito amendments to said LaW~ and 10 WHEREAS, one of the steps in the procedure to amend this 11 contract is the adoption by the governing body of the public 12 agency of a resolution giving notice of its intention to 13 approve an amendment to said contract, which resolution shall 14 contain a summary of the change proposed in said contract~ II IS I' and 16' WHEREAS, the following is a statement of the proposed 17 change: 18 To provide sections 21380-21387 (1959 survivor Benefits) 19 including Section 21382.4 (Third Level of 1959 survivor 20 Benefits) for local fire members only. 21 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common 22 Council of the city of San Bernardino do hereby give notice 23 of intention to approve an amendment to the contract between 24 the said governing body and the Board of Administration of 2S the Public Employees' Retirement system, a copy of said 26 amendment being attached hereto, marked Exhibit "A" and by 27 this reference made a part hereof. 28 Page 1 of 2 05/31/90 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 'I 15 I' . 16 17 18 19 20 21 22 23 24 2S 26 27 28 - - ,.... ~ .-..,1 :) -" RESOLUTION TO AMEND CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE 1959 SURVIVOR BENEFITS (THIRD LEVEL) FOR LOCAL FIRE MEMBERS ONLY. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city Of San Bernardino at a meeting thereof, held on the day of , 1990 by the following vote to wit: Council Members ~ lfAm ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER city Clerk The foregoing resolution is hereby approved this day of , 1990. MAYOR W.R. "BOB" HOLCOMB City of San Bernardino Approved as to form and legal content: City Attorney PD:PERS 5/30/90 jyr Page 2 of 2 05/31/90 - - . ',- '- r' ...... ....""'" ....) :J 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON 3 COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. That an amendment to the Contract between 7 the Mayor and Common Council of the City of San Bernardino 8 and the Board of Administration, California Public Employees' 9 IRetirement System is hereby authorized, a copy of which is 10 lattached hereto, marked Exhibit "An and incorporated herein 11 by reference as fully as though set forth at length. 12 SECTION 2. The Mayor of the city of San Bernardino is 13 hereby authorized, empowered and directed to execute said 14 amendment for and on behalf of said Agency. 15 16 SECTION 3. This ordinance shall take effect 30 days 17 after the date of its adoption, and prior to the expiration 18 of 15 days from the passage thereof shall be published at 19 least once in the Sun, a newspaper of general circulation, 20 published and circulated in the City of San Bernardino and 21 thenceforth and thereafter the same shall be in full force 22 and effect. 23 I HEREBY CERTIFY that the foregoing ordinance was duly 24 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, 2S 26 held on the day of , 1990 by the 27 following vote to wit: 28 page 1 of 1 06/04/90 . f''''' '- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 -- "...., -...I ::J !"".-....., -- ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE 1959 SURVIVOR BENEfITS (THIRD LEVEL) FOR LOCAL FIRE MEMBERS ONLY. Council Members ~ ~ ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1990. MAYOR W.R. "BOB" HOLCOMB City of San Bernardino Approved as to form and legal content: city Attorney po: ORDINANCE Page 2 of 2 06/04/90 . ",.,...... '- su~y of Bene!} providon. AttachmerJ'A" Thir~vel 1959 ~vivor Benefit. Governaent Code Section. 21380-21387, including Section 21382.4 Generali The 1959 Survivor Benefit. are paid aonthly to certain .urvivor. of a aember who dies before retireaent. The covered aeaber'. survivor. receive the following aonthly allowance. regardless of whether the aeaber wa. eligible to retire at the tiae of death. Surviving .pou.e with two or .ore dependent Children, or three or .ore dependent children, .lone..................................$840 Surviving .pou.e with one dependent Child, or two dependent children, .lone.......................................................... .$700 Surviving .pou.e, alone, age 62 or over, dependent .other and depen- dent father, age 62 or over, or one dependent child.............$350 Definition. of Survivor. 1. A aependent child i. one under the age of 22 and unmarried, or a di.abled child of any age who.e disability began before and has continued without interruption after attainment of age 22. 2. A .pou.e cease. to be eligible for a benefit upon reaarriage. 3. A surviving spouse au.t be married to the aeaber prior to the occur ranee of the injury or onset of the illne.s which re.ulted in death. Concurrent Benefits The 1959 Survivor Benefits would be payable in addition to the following benefits, if applicable: Basic Death Benefit - This benefit provided i. a refund of the aember's accuaulated contributions, with interest, plus an additional amount equal to one aonth's .alary for each year of .ervice, up to a aaxiaua of six aonths .alary. 1957 Survivor Benefit - This benefit i. a aonthly allowance equal to one-half of what the unmodified retireaent allowance would have been had the aeaber been retired at the tiae of de,th. Spacial Death Benefit (applie. to local .afety aeaber. only) - Thi. benefit i. a .onthly allowance equal to one-half of your -final coapen.a- tion-. The 1959 Survivor Benefits payable in any .onth .hall be reduced by the a.ount of the .pecial death benefit allowance. Co.t To The Baployee - The co.t to the eaployee i. $2.00 .onthly (non- refundable), in addition to noraal retireaent contribution.. PBRS-coH-24b CIOOn (3/90) "r "'" . . . 1"""",\ ~o p y .0. .:J Exhibit "A" ,,~<< AMBNIlMBH'1' TO CQH'1'RAC'l' ~I)..\'~ ~ BB'l'WBBIl TIIB ....\ "V" BOARD OF AllMINIS'l'RATIOH ~\G\"" OF TBB ~I..o\ PUBLIC EMPLOYEES' RIlTIRllMBN'l' ...~ ~ AND TBB -4~~ . CITY COONCIL OF TIIB CITY OF SAN IlBIUlARIlINO SYS'l'1!M The Board of Administration. Public Employees' Retirement System. hereinafter referred to as Board, and the governing body of above public agency. hereinafter referred to as Public Agency. having entered into a contract effective March 1. 1945. and witnessed February 6. 1945. and as amended effective November 1. 1949. September 1, 1951. January 1, 1952. July 1. 1954. February 1. 1965. February 24. 1969. March 8, 1971. October 1. 1973. October 28. 1974. March 17. 1975. April 28. 1975. November 10. 1975. July 6. 1977, January 7. 1985. May 27. 1985 and September 16. 1988, which provides for participation of Public Agency in said System. Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 16. 1988. and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after March 1. 1945 making its employees as hereinafter provided. members of said System subject to all provisions of the Public Jmployees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof. apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members), b. Local Police Officers (herein referred to as local safety lIembers): c. Employees other than local safety members (herein referred to as local miscellaneous members). - '"" . . .0: o p y Q. :) 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. CROSSIIIG GUARDS HIRBO OIl OR AP'1'BR JAHUARY b. LIBRARY PAGBS HIRBO OIl OR AP'1'BR MARCH 17, c. LIPBGUARDS: d. SBNIOR LIPBGUARDS: e. SUPBRVISIIIG LIPBGUARDS: f. RBCRBA'lIOIl Ilft'BRIlS: g. RBCRBA'lIOIl lUDBS: b. SBNIOR RBCRBA'I.'IOIl LBADBRS: i. RBCRBA'I.'IOIl SPBCIALIS'I.'S: j. I.n('1r"'l A'l'l'BRDAII'fS: k. VBIIICLB OPBRA'lORS: AHU 1. BX'l'RA RBLIBF IlBAVY LAIlORBRS (BX'l'RA BOARD). ~01 ~st 00 1, 1952: 1975: ...\ ,,~~\~n o~\..,. S\G\" 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 percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2\ at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2\ at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance) for local miscellaneous members only. b. Section 21222.1 (Special 5\ Increase - 1970). Legislation repealed said Section effective January 1, 1980. e. Section 20024.2 (One-Year Final Compensation). d. Section 20930.3 (Military Service Credit as Public Service ), Statutes of 1974. e. Section 21222.2 (Special 5\ Increase - 1971). Legislation repealed said Section effective January 1, 1980. 1. ~ o ~10. ~ =~ ~ 11. ~ 5 ~ a IJt ~ .' fi"""". "'- f"'"'. "" ***'-topy M* J -f. Section 21222.6 (Special 15\ Increase for Local Miscellaneous Members). g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. 9. Public Agency. in accordance with Government Code Section 20740. ceased to be an "employer" for purposes of Section 20759 effective on April 28. 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759. and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition. all assets and liabilities of Public Agency and its employees shall be pooled in a single account. based on term insurance rates. for survivors of all local fire members. b. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency. not including the costs of special valuations or of the ,periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board. payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency. and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. " c ***Qopy 'l *"--' * ~) 13. ~ontributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period. proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effe~ve on ~_. BOARD OF ADMINISTRATION ____~J;; PUBLIC EMPLOYEES' RETIR~~YSTEM ~ BY ~ CHIEF. CONTRACT ~VICES DIVISION PUBLIC EMPLOY~ RETIREMEIlT SYSTEM <:)0 ~ ~ the day of CITY COUNCIL OF THE I.- CITY OF SAN BERNARDINO ~ ~ :~esiding Officer~ It Witness Date ;."i Attest: ~ ~ #1 Clerk $ PERS-CON-702 (AMENDMENT) (Rev. 6/88) c o. """'I ....J .,) AGRBIlMB!I'1' AU'l'BORUIRG 'rIIB RBLBASB 01' 19S9 SURVIVOR BBliIlI'ITS ASSETS AND LIABILITIES IR'l'O TIIB THIRD LEVEL 1959 SURVIVOR BBliIlI'IT POOL BB'l'WEBN 'rIIB BOARD 01' ADMINISTRATION 01' 'rIIB PUBLIC BMPLOYBBS' RBTIRIlMBIiI'1' SYSTI!Il AND 'rIIB CITY COUNCIL 01' TIIB CI'l'Y 01' SAN BBRHARDIHO WHEREAS, the City Council of the San Bernardino has adopted a Resolution of Intention to include in its contract with the Board of Administration, Public Employees' Retirement System, pursuant to Government Code Sections 21380-21387, including Government Code Section 21382.4, the Third Level of 1959 Survivor Benefits for local fire members; and WHEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section, and their employees who are covered by this section, to be pooled into a single account~ HOW THEREFORE BE IT AGREED: Accumulated and/or future contributions required of the City of San Bernardino and its covered employees are to be released, pursuant to the provisions of Government Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SAN BERNARDINO , CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY BY Presiding Officer Date casas (Rev. 4/89)