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HomeMy WebLinkAbout1985-106 1 RESOLUTION NO. 85-l06 2 RESOLUTION OF INTENTION OF THE CITY OF SAN BERNARDINO TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF 3 ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR ONE YEAR 4 FINAL COMPENSATION FOR RETIREMENT PURPOSES FOR LOCAL POLICE MEMBERS. 5 6 WHEREAS, the Public Employees' Retirement Law permits the 7 participation of public agencies and their employees in the Public 8 Employees' Retirement System by the execution of a contract, and 9 sets forth the procedure by which said public agencies may elect 10 to subject themselves and their employees to amendments to said 11 Law1 and 12 WHEREAS, one of the steps in the procedure to amend this 13 contract is the adoption by the governing body of the public 14 agency of a resolution giving notice of its intention to approve 15 an amendment to said contract, which resolution shall contain a 16 summary of the change proposed in said contract1 and 17 WHEREAS, the following is a statement of the proposed change: 18 To provide Section 20024.2 (One-year final 19 compensation) for local police members. 20 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common 21 Council of the City of San Bernardino do hereby give notice of 22 intention to approve an amendment to the contract between the said 23 governing body and the Board of Administration of the Public 24 Employees' Retirement System, a copy of said amendment being 25 attached hereto, as an "Exhibit" and by this reference made a part 26 hereof. 27 I HEREBY CERTIFY that the foregoing resolution was duly 28 adopted by the Mayor and Common Council of the City of San ~-'--'--~"~--r-''''--- 2 1 [I Bernard ino reoular at a 3 to wit: the l8th day of March , 1985, by the following vote, 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 meeting thereof, held on AYES: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler NAYS: Council Member Hernandez ABSENT: None I 10f ~-vb~ / City Clerk The foregoing resolution is hereby March , 1985. Approved as to form: 7- )J ~';:...--==' &fl'" .' /' ~ .~tLcL City Attorney -2- ,/ Public ElIlPloyees' ,Retirement Syste... Field & Contracts Ser~ces Division Contracts Office, Section 900 Post Office Box 1953 Sacramento, CA 95809 - Telephone (916) 445-6570 445-4900 (TDD Interpreter) CERTIFICATION OF GOVERNINGS 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 (Governing Body) , of the City of San Bernardino . (N~ of Public,Agency) , on March l8, 1985 (Date) . appearing at Page , Volume - of the (Minutes) (Official Records) of the Mavor and Common Council (Governing Body) ..- - --------.--- . - , H\";-_4 , ')', -,''": I,{ -. c ,','j , , /.) / I.'..,I~ "/1 " ; ',.'\ .\ '.\. ',' i (.1. ,'. , , ,) , . I,' , ., ,,- ~ " >, ~/.61?d--:~H, , ;. CITY CLERK or Secretary of the Board '/ ii) \1,\')' PERS-CON-12 (5/84) C0600 Public Employees' Retirement System Field & Contracts Services Division Contracts Office, Section 900 Post Office Box 1953 Sacramento, CA 95B09 CERTIFICATION OF COMPLIANCE WITH GOVERNI1ENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting by the Mavor .::'.Inn f:nmmnn r("'\11nl"";l of City gf ~~ RQT"'n;:n-rHn~ (governing body) public agency at least two weeks prior to the adoption of the final Ordinance/Resolution. Date: ~ "u'/f'l~ MFlynr nr +h,:. r;t~ Qf SilR. officia'l title lilgrRardino PERS-CON-12A (Rev. 7/83) C0601 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO WHEREAS, the Publio Employees' Retirement Law permits the participation of pub- lic aseneies and their employees in the Publio Employe.s' Retirement System by the execution of s contract, and sets forth the prooedure by which seid pUblic a,enoles may elect to subject themselves end their employees to amendments to said ~w; and WHEREAS, one of the steps in the procedure to amend this oontract is the adop- tion by the sovernins body of the public sgeney of . resolution Siv- ing notice of ita intention to approve an amendment to seid contract, which resolution ahell contain a summary of the chenge proposed in aaid contract; end WHEREAS, the followins is a stetement of the proposed ohange: To provide Section 20024.2 (One-Year Finel Compensation) for local police members. NOW, THEREFORE, BE IT RESOLVED that the loverning body of the above agency does hereby give notioe of intention to approve 8ft ...ndment to the contract between the said governins body and the Board of Admini8- tration of the Public E.ployees' Retirement System, e copy of s&id emendment being attached hereto, a8 an -Exhibit- and by this reference made a part hereof. BY Mayor of the City of San Bernardino (TITLE) ~:Zoms (Dste adopted and approved) Ret. Form 122 C0302 SlATE OF CALIFORNIA ~;{)0 PUBLIC EMPLOYEES' RETIREMENT SYSTEM 1416 NINTH STREET, P,O, BOX 90109 SACRAMENTO, CA 95809-0109 Telepho"e (916) 445-6570 445-4900 (TDD Interpreter) Reply to Section 900 Field & Contracts Services Division June 13, 19B5 Employer Code #0061 Ms, Mary Jane Perlick Director of Personnel City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Ms. Perlick: The amendment to the contract between your agency and the Public Employees' Retirement System to provide Section 20024.2 (One-Year Final Compensation) for local police members, has been executed by our office. A copy of the contract as amended is enclosed for your file. The effective date of this amendment is May 27, 1985. If I can be of any further assistance, do not hesitate to contact me. Sincerely, ~. DCuth\. ~v:) S. Dawn Evans, Retirement Specialist Contracts Office Field & Contracts Services Division SDE:sr Attachment C0442 (Rev. 04/85) @...,::.::"', ~ ....,. 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, Publio Employees' Retirement System, herein- after referred to liS Board, and the governing body of above public agenoy, h8re- inafter referred to as Public Agency, having entered into a contraot effective Merch 1, 19-5, end witnessed Febru~ry 6, 1945, and es amended effective November 1, 1949. September 1, 1951, January 1, 1952, July 1, 1954, February 1, 1965. February 24, 1969, March a, 1971, October 1, 1973, October 28, 1974, Merch 17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, and January 7, 1985, which provides for partioipation of Public Agency in said System, Board and Public Agency hereby Blree as follows: A, Paragraphs 1 throuch 13 ere hereby stricken from said contraot as executed effective January 7, 1985, and hereby replaced by the fOllowing paragraphS numbered 1 through 12 inclusive: 1. All words end terms used herein which are defined In the Public Employ- ees' Retiremont Law shall hmve the meening 8S defIned therein unless otherwise specifically provided. RNor~el retirement ageR shall Illesn age 60 for 10cPl miscellaneous members end age 50 for loosl safety members. 2. Public Agency shall participate in the Publio Employees' Retirement System from and after March 1, 19q5 meking its employees as herein- after prOVided, members of ssid Sy&tem subJeot to all provisions of the Public Elllployees' Retirement Law except suoh as apply only on election of s contracting sgency and ere not provided for herein and to ell amendments to said Law hereafter enscted exoept those, which by express provisions thereof, apply only on the election of a contracting agenoy. 3, Employees of Public Agency in the following ol~sses shall become mem- bers of said Retirement Systelll exoept suoh in esch suoh class as sre excluded by lew or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as locsl safety membf;r s ) ; c. Employees other than local safety memb~rs (herein referred to es local miscellaneous members). 4. In addition to the c1esses of employees excluded from membership by said Retirement Law, the following c1a6ses of employees shell not become members of said Retirement System: a. CROSSING GUARDS HIRED ON OR AFTER JANUARY 1, 1952; AND b. LI8RARY PAGES HIRED ON OR AITER MARCH 17, 1975. 5. Effective October 28, 1974, those members who were hired by Public Asency on a temporary and/or aeasonal besis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing thst any such temporary and/or seasonal employees sre excluded from PEftS membership subsequent to January 1, 1975. 6. The fraction of final compensation to be provided for each year of credited prior and current service ss e local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Lew (21 et age 60 Full), 7. The fraction of final compensation to be provided tor each year of credited prior and current service 8S s local safety member shall be determined in sccordance with Section 21252.01 of ssid Retirement Lew (21 at age 50 Full). 8. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of ~ contracting Bsency, shall ~pply to the Public Agency and its employees: a. Sections 21263, 21263.1 end 21263.3 (Post-Betirement Survivor Allowance), for local miscellaneous members only. b. Section 21222.1 (Speoial 51 Increase - 1970). Lesisletion repealed said Section effective January 1, 1979. c, Section 2002Q,2 (One-Yeer Final Compensation). d. Section 20930.3 (Military Service Credit) as defined in Chapter 1Q37, Statutes of 197Q. e. Seotion 21222.2 (Special 51 Increase - 1971). Legialstion repealed said Section effective January 1, 1979, f. Section 21222.6 (Special 151 Increase for Local Misoellaneous 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 Lsw effective on April 28, 1975. AcculUlated contributions of Public Asency as of the aforementioned date shall be fixed and determined .a provided in Section 20759, Government Code, and accumulated contributions as of the eforementioned date end contributions thereafter mede shall be held by the Board 8S provided in Section 20759, Government Code. 10. Public Agency shall oontribute to said Retirement System as follows: e. With respeot to locel miscellaneous members, the &genoy shall contribute the following percentllg88 of monthly salaries earned as local misoellaneous members of said Retirement Syst~: (1) 0.636 percent until June 30, 2000 on aocount of the liability for prior service benefits. (Subject to ennuel change.) (2) 17.466 peroent 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 aaency shell contribute the following percentages of monthly salaries earned .s local safety members of said Retire.ent System: (1) 0.212 peroent until June 30, 2001 on account of the liability for prior servioe benefits. (Subjeot to ennuIOl ohllnge. ) (2) 32.280 percent until June 30, 2000 on acoount of the liability for current servioe benefits. (Subjeot to annual change. ) c. A reasonable amount, aa fixed by the Board, payable in one in- stallment within 60 days of date of oontract to cover the costs of administering aaid System a. it affeots the eaployees of Public Agency, not including the costs of speoial valuation. or of the p@riodic investigation and valuetions requirad by law. d, A reasonable amount, as fixed by the Board, payable in one in- stallment 88 the 00c8sions ariae, to cover the coats of special valuations on account of employees of Publio Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subJeot to adjustment by Board on aocount of amend.ents to the Public Employees' Retirement Law, and on account of the experience under the Retirement Syatem as determined by the periodic investigation and valuation required by aaid Retirement Lew. .' 12. Contributions required of Public Agency and its employees shell be paid by Public Alency to the Retirement Systes within thirty days after the end of the period to whioh said contributions refer or as mey be prescribed by Board regulation. If more or less than the oor- rect amount of contributions is paid for any period, proper adjustment shall be made in oonneotion with subsequent remittances, Adjustments on account of errors in contributions required of any employee may be made by direct payment. between the employee and the Board. B. This amend1llent shall be effective on the ~1.J!t. day of .~~ ' 19J.i:.. Ir/itness our hands the 17th day of Aori1 , 1 9 ..as.... . BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SAN BERNARDINO "~~'4/J -SID C. AU! liD, EXECUTIVE FICER BY Approved ",s to form: Attest: ~m/~M- Clerk PERS CON-Tal?