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Home My WebLink About2008-282 , (Note: Companion Ordinance MC-1285) Resolution No 2008-282 2 3 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO TH CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNI PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMO COUNCIL OF THE CITY OF SAN BERNARDINO. 4 5 6 WHEREAS, the Public Employees' Retirement Law permits the participation of pub Ii agencies and their employees in the Public Employees' Retirement System by the execution of contract, and sets forth the procedure by which said public agencies may elect to subjec themselves and their employees to amendments to said Law; and 7 8 9 10 WHEREAS, one of the steps in the procedures to amend this contract is the adoption b the governing body of the public agency of a resolution giving notice of its intention to approv an amendment to said contract, which resolution shall contain a summary ofthe change propose in said contract; and 11 12 13 14 WHEREAS, the following is a statement of the proposed change: 15 To provide Section 21362.2 (3,0% @ 50 Full formula) for local safety members. 16 17 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Council ofth City San Bernardino do hereby give notice of intention to approve an amendment to the contrac between said City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as Exhibit "A" and by this reference made part hereof. /1/ //1 /1/ /1/ //1 /1/ /1/ //1 18 19 20 21 22 23 24 25 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO TH CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNI PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMO COUNCIL OF THE CITY OF SAN BERNARDINO. 2 3 2008-282 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 5 the Common Council of the City of San Bernardino at a j oint regular meeting thereof, hel 6 on 21st day of July 7 8 COUNCILMEMBERS: ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 16 17 , 2008, by the following vote, to wit: The foregoing resolution IS 18 July ,2008. 19 20 21 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 25 -f~ nda Items:Reso.3.0%@50.2008 AYES NA YES ABSTAIN ABSENT x x X X X X X ~~h.~ Rac el G. Clark, City Clerk hereby approved this _~ day 0 ~ EXHIBIT "A" A CalPERS California Public Employees' Retirement System . AMENDMENT TO CONTRACT Between the Board of A~ministration California Public Employees' Retirement System and the City Council City of San Bernardino . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the 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, September 16, 1988, August 27,1990, August 1,1996, July 3,1997, January 1,1998, August 1,1998, November 1, 1999, June 1, 2001, July 1, 2001 and January 1, 2008 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective January 1, 2008, and hereby replaced by the following paragraphs numbered 1 through 14 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 55 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 contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members) 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS HIRED ON OR 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. RECREATION LEADERS; i. SENIOR RECREATION LEADERS; j. RECREATION SPECIALIST; k. LOCKER ATTENDANTS; I. VEHICLE OPERATORS; AND m. EXTRA RELIEF HEAVY LABORERS (EXTRA BOARD). 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary andlor seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary andlor seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. . . 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after January 1, 2008 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after January 1, 2008 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1,1980. c. Section 20042 (One-Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service). e. Section 21222.2 (One-Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. 1. Section 21319 (One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002. g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. h. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. i. Section 21635 (Post-Retirement Survivor Allowance to Continue After Remarriage) for local fire members only. ..~ ' ' 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 28, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to iocal miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by iaw. 13. 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. . . 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 1st day of January , 2009 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN BERNARDINO BY LO CG EMPLO SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM B~ PR SIDI G OFFICER v 9-1'i-o~ Witness Date Attest: ~/.J.~ Cieri< AMENDMENT ER# 0061 PER5-CON.702A (Rev. 10105) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuariaf and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 1 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase in retirement benefit(s) have been made public at a public meeting of the MAYOR AND COMMON COUNCIL (governing body) of the CITY OF SAN BERNARDINO (public agency) on JULY 21, 2008 which is at least two weeks prior to the adoption of the (date) Resolution /Ordinance. Cler Secretary Title Date . U p PERS-CON-12A(rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the MAYOR AND COMMON COUNCIL ofthe (governing body) CITY OF SAN BERNARDINO (public agency) on JULY 21, 2008 (date) Cler ecretary z Title rr PERS-CON-12(rev. 1/96)