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HomeMy WebLinkAbout32-Personnel , CITO OF SAN, 'BERNARDIO - REQUE(7 FOR COUNCIL AC'C))N -:'" From: M. J. Per1ick Subject: Adoption of Ordinance - Fire PEP,S Benefit (for January 7, 1985 meeting) Dept: Personnel Date: December 20, 1984 Synopsis of Previous Council ection: Approved Fire Safety and Fire Management "MOUS" which contained the implementation of the "one year final compensation" fonnu1a for retirement purposes. I Adopted Resolution of Intention to Amend Contract with the Public Employees' Retirement System to provide for "one year final compensation" for retirement purposes for Local Fire Members. Recommended motion: Adopt urgency ordinance. ~~~~ > , ,~ha r . Contact person: M .1 p"...lirk Phone: 383 5161 n/a Supporting data attached: FUNDlNG REQUIREMENTS: Amount: ~?nQ.noo * * Amount for a 12 month period as required per Pers disclosure rules. no Ward: Source: ixi5tiR~ Finance: ~)- budgetE (Polite ~ Fire) ~ICJ Council Notes: 75-0262 Ago,,, ,_ i "flU. ~ 0 1 2 3 4 5 6 I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 j 21 22 23 24 25 26 27 28 o o o ORDINANCE NO. ORDINANCE OF THE MAYOR 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. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the Contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration, California Public Employees' Retirement System providing for one year final compensation for retirement purposes for local fire members is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of San Bernardino is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. This ordinance shall take effect immediately upon its adoption, and prior to the expiration of ten days from the passage thereof shall be published at least once in the Sun, a newspaper of general circulation, published and circulated in the City of San Bernardino and thenceforth and thereafter the same shall be in full force and effect. SECTION 4. Urgency. This ordinance is an urgency measure, which shall take effect and become operative upon its adoption and approval. The facts constituting such urgency are that failure to have -- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o ~his ordinance in effect on or before January 7, 1985, would place the City in violation of a contract, and the urgency is permitted by Government Code Section 20460 prescribing the manner of the adoption of an ordinance involving PERS contract amendments. 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1985, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: of City Clerk The foregoing ordinance is hereby approved this , 1985. day Mayor of the City of San Bernardino Approved as to form: -2- ~ o o o o 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 gover.ning 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 ss 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) ; [::"'''~T 'f}i 0- o o o o c. Employees other than local safety members (herein referred to as local miscellaneous members). q. 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 HARCH 17, 1975. 5. Effective October 28, 197Q, 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 (21 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 (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 5S increase - 1970). Legislation repealed said Section effective January 1, 1979. .. o o o o 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 1431. Statutes of 1914. e. Section 21222.2 (Special 51 increase - 1911). Legislation repealed said Section effective January 1, 1979. f. Section 21222.6 (Special 151 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 peroentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.211 percent until June 3D, 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.) "" o o o o c. A reasonable amount, as fixed by the Board, payable in one in- stsllment 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. 1985. 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: Clerk PERS CON-702