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
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2
1
[I Bernard ino
reoular
at a
3 to wit:
the l8th day of March
, 1985, by the following vote,
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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:
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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)
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, ;. CITY CLERK or
Secretary of the Board
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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)
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
The Board of Administration, 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?