HomeMy WebLinkAboutMC-1366
Adopted: October 17, 2011
Effective: November 16, 2011
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Ordinance No MC-IJ66
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDIN
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLI
EMPLOYEES' RETIREMENT SYSTEM.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN
DO ORDAIN AS FOLLOWS:
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SECTION 1. That an amendment to the contract between the City of San Bernardin
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and the Board of Administration of the California Public Employees' Retirement System i
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hereby authorized; a copy of said amendment being attached hereto marked Exhibit "A" and b
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such reference made a part hereof as though herein set out in full.
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SECTION 2. The Mayor of the City of San Bernardino is hereby authorized
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empowered and directed to execute said amendment for and on behalf of said Agency.
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SECTION 3. This Ordinance shall take effect thirty (30) days after the date of it
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adoption, and within 30 days from the passage thereof, shall be published at least once in the S
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Bernardino County Sun, a newspaper of general circulation published and circulated in the Ci
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of San Bernardino, and thenceforth and thereafter the same shall be in full force and effect.
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MC-1366
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDIN
2 AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLI
EMPLOYEES' RETIREMENT SYSTEM.
5 the Common Council of the City of San Bernardino at a regular
meeting thereof, hel
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor an
6 on 17th
day of
October
, 2011, by the following vote, to wit:
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8 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
MARQUEZ X
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JENKINS x
10 BRINKER
X
11 SHORETT X
12 KELLEY X
13 JOHNSON X
MCCAMMACK X
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15 ~~b.~
16 Rac el G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
/'l~
day 0
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October
,2011.
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~
. Morris, May
an Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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genda lIemsIPERS\Ordinance.2.0%@55.2011.doc
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A
CaIPERS
California
Public Employees' Retirement System
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EXHIBIT A
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AMENDMENT TO CONTRACT
Between the
Board of Administration
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, January 1, 2008, January 1, 2009 and
September 1, 2011 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed
effective September 1, 2011, and hereby replaced by the following paragraphs
numbered 1 through 17 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; age 50 for local safety
members entering membership in the safety classification on or prior to
September 1, 2011, and age 55 for local safety members entering
membership for the first time in the safety classification after September 1,
2011.
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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. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CalPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) otTitle 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CalPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
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4. 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).
5. 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).
6. 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 superseded this contract provision by providing that any
such temporary and/or 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.
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 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).
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8. 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 and not entering membership for
the first time in the miscellaneous classification after the effective date of
this amendment to contract shall be determined in accordance with
Section 21354.5 of said Retirement Law (2.7% at age 55 Full).
9. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21354 (2% at age 55 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member entering
membership in the safety classification on or prior to September 1, 2011
shall be determined in accordance with Section 21362.2 of said
Retirement Law (3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of
credited current service as a local safety member entering membership for
the first time in the safety classification after September 1, 2011 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
12. 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.
f. 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.
j. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local safety members entering
membership for the first time in the safety classification after
September 1, 2011.
Section 21354 (2% @ 55 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
13. 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.
14. Public Agency shall contribute to said Retirement System the contributions
detenmined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
15. 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 law.
16. 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.
17. 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. , Thi~ amendment shall be effective on the
day of
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BOARD OFAB.lyIINISTRATION
PUBLIC EMPL.OYl;ES' RETIREMENT SYSTEM
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CITY COUNCIL
CITY OF SAN BERNARDINO
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BY ~L;:-}/
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DARRYL WATSON, CHIEF);',_
CUSTOMER ACCOUNT srnyrc,ES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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BY..
PRE~ID!NG OFFICER
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Witness Date
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Attest:
Clerk
AMENDMENT ER#61
PERS-CON-702A
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AGtuaria: and Employer ServiGes BranGh
PubliG AgenGY ContraGt ServiGes
(888) CalPERS (225-7377)
SUMMARY OF MAJOR PROVISIONS
2% @ 55 Formula (SeGtion 21354)
LOGal MisGellaneous Members
SERVICE RETIREMENT
To be eligible for serviGe retirement, a member must be at least age 50 and have five years of
CalPERS Gredited serviGe. There is no Gompulsory retirement age.
The monthly retirement allowanGe is determined by age at retirement, years of serviGe Gredit
and final Gompensation. The basiG benefit is 2% of final Gompensation for eaGh year of Gredited
serviGe upon retirement at age 55. If retirement is earlier than age 55, the perGentage of final
Gompensation deGreases for eaGh quarter year of attained age to 1.426% at age 50. If
retirement is deferred beyond age 55, the perGentage of final Gompensation in Greases for eaGh
quarter year of attained age to 2.418% at age 63.
Final Gompensation is the average monthly pay rate during the last GonseGUtive 36 months of
employment, or 12 months if provided by the employer's GontraGt, unless the member
designates a different period of 36 or 12 GonseGutive months when the average pay rate was
higher.
DISABILITY RETIREMENT
Members substantially inGapaGitated from performing the usual duties for the position for his/her
Gurrent employer, and from performing the usual duties of the position for other CalPERS
Govered employers (induding State agenGies, SGhools, and 10Gal pUbliG agenGies), and where
similar positions with these other employers with reasonably Gomparable in pay, benefits, and
promotional opportunities are not available, would be eligible for disability retirement provided
they have at least five yeans of serviGe credit. The monthly retirement allowance is 1.8% of final
Gompensation for each year of serviGe. The maximum perGentage for members who have
between 10.000 and 18.518 years of serviGe credit is one-third of their final compensation. If
the member is eligible for service retirement the member will receive the highest allowance
payable, serviGe or disability. If provided by the employer's contract, the benefit would be a
minimum of 30% of final compensation for the first five years of service credit, plus 1 % for each
additional year of serviGe to a maximum benefit of 50% of final compensation.
INDUSTRIAL DISABILITY RETIREMENT
If provided by the employer's contract, members permanently incapaGitated from performing
their duties, as defined above under Disability Retirement, and the disability is a result of a job-
related injury or illness may receive an Industrial Disability Retirement benefit equal to 50% of
their final compensation. If provided in the employer's contract and the member is totally
disabled, the disability retirement allowance would equal 75% of final Gompensation in lieu of
the disability retirement allowance otherwise provided. If the member is eligible for service
retirement, the service retirement allowance is payable. The total allowance cannot exceed
90% of final Gompensation.
PRE-RETIREMENT DEATH BENEFITS
Basic Death Benefit: This benefit is a refund of the member's contributions plus interest and up
to six months' pay (one month's salary rate for eaGh year of current service to a maximum of six
months).
PERS.CON-SO (Rev. 1/05)
1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death
Benefit or the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance
equal to one-half of the highest service retirement allowance the member would have received
had he/she retired on the date of death. The 1957 Survivor Benefit is payable to the surviving
spouse or registered domestic partner until death or to eligible unmarried children until age 18.
1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered
under social security.) A surviving spouse or registered domestic partner and eligible children
may receive a monthly allowance as determine by the level of coverage. This benefit is payable
in addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under
age 22 and unmarried.
Pre-Retirement ODtional Settlement 2 Death Benefit: (If provided by the employer's contract.)
The spouse or registered domestic partner of a deceased member, who was eligible to retire for
service at the time of death, may to elect to receive the Pre-Retirement Optional Settlement 2
Death Benefit in lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance
equal to the amount the member would have received if he/she had retired for service on the
date of death and elected Optional Settlement 2, the highest monthly allowance a member can
leave a spouse or registered domestic partner.
COST-OF-L1VING ADJUSTMENTS
The cost of living allowance increases are limited to a maximum of 2% compounded annually
unless the employer's contract provides a 3, 4, or 5% increase.
DEATH AFTER RETIREMENT
The lump sum death benefit is $500 (or $600, $2,000, $3,000, $4,000 or $5,000 if provided by
the employer's contract) regardless of the retirement plan chosen by the member at the time of
retirement.
TERMINATION OF EMPLOYMENT
Members who have separated from employment may elect to leave their contributions on
deposit or request a refund of contributions and interest. Those who leave their contributions
on deposit may apply at a later date for a monthly retirement allowance if the minimum service
and age requirements are met. Members who request a refund of their contributions terminate
their membership and are not eligible for any future benefits unless they return to CalPERS
membership.
EMPLOYEE CONTRIBUTIONS
Miscellaneous members covered by the 2% @ 55 formula contribute 7% of reportable earnings.
Those covered under a modified formula (coordinated with Social Security) do not contribute on
the first $133.33 earned.
The employer also contributes toward the cost of the benefits. The amount contributed by the
employer for current service retirement benefits generally exceeds the cost to the employee. In
addition, the employer bears the entire cost of prior service benefits (the period of time before
the employer provided retirement coverage under CaIPERS). All employer contribution rates
are subject to adjustment by the CalPERS Board of Administration.
PERS-CON-50 (Rev. 1/05)