HomeMy WebLinkAbout2016-053 I RESOLUTION NO. 2016-53
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A
5 CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
6 WHEREAS, the Public Employees' Retirement Law provides for the participation of a
7 Public Agency in the California Public Employees' Retirement System, making its employees
8 members of said System; and
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10 WHEREAS, the Mayor and Common Council of the City of San Bernardino, acting as the
11 Successor Agency to the Redevelopment Agency of the City of San Bernardino, on February 1,
12 2016 adopted Resolution 2016-14, giving notice of intention to approve a contract providing for
13 such participation; and
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15 WHEREAS, the employees of said public agency, whose memberships in said Retirement
16 System are contemplated, have approved said participation, by majority vote;
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
19 BERNARDINO,AS FOLLOWS:
20 Section 1. That a contract between the Mayor and Common Council of the City of San
21 Bernardino acting as the Successor Agency to the Redevelopment Agency of the City of San
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Bernardino and the Board of Administration, California Public Employees' Retirement System is
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hereby authorized, a copy of said contract being attached hereto as Exhibit "A" and by such
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25 reference made a part hereof as though herein set out in full; and
26 Section 2. That the presiding officer of said governing body is hereby authorized,
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empowered and directed to execute said contract for and on behalf of said public agency.
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1 Section 3. This Resolution shall take effect upon its adoption and execution in the
2 manner as required by the City Charter.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A
3 CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor
5 Agency to the Redevelopment Agency of the City of San Bernardino, at a joint regular meeting
6 thereof, held on the 21 St day of March, 2016, by the following vote, to wit:
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Council Members Ayes Nays Abstain Absent
8 MARQUEZ X
9 BARRIOS X
10 VALDIVIA X
11 SHORETT X
12 NICKEL X
13 RICHARD X
14 MULVIHILL X
16 George Hanna, CMt City Clerk
17 The foregoing Resolution is hereby approved this day of March, 2016.
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20 R. Carey DavYncy Chairman
21 Successor Ag to the Redevelopment Agency
of the City of San Bernardino
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23 Approved as to Form:
24 Gary D. Saenz, City Attorney
25 By:
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SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
RESOLUTION AUTHORIZING A CONTRACT
N0. 2016-53
WHEREAS, the Public Employees' Retirement Law provides for the participation of a
Public Agency in the California Public Employees' Retirement System,
making its employees members of said System; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Agency to the Redevelopment Agency of the City of San
Bernardino of the Successor Agency to the Redevelopment Agency of the
City of San Bernardino on V-Mares- 747--'_t Feb ,1, 2016 , adopted a
Resolution giving notice of intention to approve a contract providing for such
participation; and
WHEREAS, the employees of said public agency, whose memberships in said
Retirement System are contemplated, have approved said participation, by
majority vote;
NOW, THEREFORE, BE IT RESOLVED, that a contract between the Mayor and
Common Council of the City of San Bernardino Acting as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino of the
Successor Agency to the Redevelopment Agency of the City of San
Bernardino and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said contract being
attached hereto and by such reference made a part hereof as though
herein set out in full; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the presiding officer of said
governing body is hereby authorized, empowered and directed to execute
said contract for and on behalf of said public agency.
Adopted this 21St day of March 2016 ,
xe," /, , &
Presiding Officer
Attest:
Clerk or Secrdiary
New Agency
PERS-CON-21 (Rev. 1198)
2016-53
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GaIPERS
California
Public Employees'`Retirement System
CONTRACT
Between the
Board of Administration
California Public Employees' Retirement Systems '
axed the
Mayor and Common Council 0.... the 'City of San
Bernardino ;Acting ' as 'the Successor` Agency to ' the
Redevelopment Agency of.::-the City of San
Bernardino..j
Successor Agency to the Redevelopment Agency
of the ` City of San Bernardino
In consideration of the covenants and agreement hereafter contained and'on the part of
ooth parties to be kept and performed, the governing body of above public .agency,
hereafter referred to as' "Public Agency"„ and the Board 'of Administration, Public
Employees` Retirement System, hereaft er' referred to as ''Board", hereby agree as
follows: '
1. ;All words and terms used herein which. are defined in the Public 1
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Employees''Retirement Law shall have the meaning as defined therein i
nless otherwise'specifically provided
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2: Public Agency shall participat e the ;Public Employees'. Retirement
System from and after March L6, zolb making its
employees.as hereinafter provided, members of said System subject to all
provisions of the<Public Employees' Retirement except$uch'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 l
by express`provisions thereof, apply only on the election'of a contracting
agency.
2016-53
3. Public Agen cy agrees to indemnify, defend;and hold harmless the
California Public Employees' Retirement System (C60ERS) and Its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabil_ities,;damages, judgments, expenses and
costs,`including but not limited to interest, penalties and attorneys fees
hat may arise as a result of any of the following: 1
(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 prodded under
the Public Agency's prior non-CaIPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding(induding without
Imitation arbitration, administrative'hearing, or litigation) ei.
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Public Agency.and its employees or their'representatives) which !
relates to Public Agency's election to amend#his'Cantract to proyide..
retirement benefits, provisions or formulas; hat are different#han such
employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party:o. er:than
CaIPERS 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' Retlrement;Raw
4. Employees of Public Agency !n 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. Employees;'other than local safetymembers (herein referred to as
local miscellaneous members).
5. Any exclusions) ;shall remain in effect until such line as the Public
Employees System determines that continuing. said
exclusions) would risk a finding of noncompliance with.any federal tax
:caws or regulations. If uch a determination is contemplated,.the Public
Employees'? Retirement System will meet with the Public Agency to
discuss the'matter and coordinate any required changes or amendments
o fkp contract.
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. SAFETY EMPLOYEES.
2016=53
6. This contract shall be a continuatibri bf the benefits of the contract . San
Bernardino Economic Development Agency, herein after referred to as
"Former Agency". The.accumulated contributions, assets, and liability for
prior and current service under Former Agency's contract shall be merged
pursuant to Section 20508 of Government Code Such merger
occurred onT.ebruary 1,'2012.
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a. A!1 benefits, provided under this contract sha! apply to all past
service for former employees of the San Bernardino Economic
Development Agency.
7. The.contract of San Bernardino Economic Development Agency shall b&:a.
continuation of the benefits of the contract of Redevelopment Agency of
the City. of San Bernardino between August 1, 1982 and prior to the
effective . date of this contract pursuant to` Section......20508',,..of t.:e l
Government Cade,.Redevelopment Agency of the City of San Bernardino t
having ceased to exist and succeeded by San Bernardino Economic
Development Agency on August 1`, 1982. San Bernardino Economic
Development Agency, by this contract, .assumes the accumulated
contn u#ions and: assets derived therefrom and Ila6i J y for prior and
current service under the contract of Redevelopment Agency of the.City of
San Bernardino with respect,#o its employees.
r 'no Eco omic Deve.lo' ment' A enc and the. Cit of San
8 San Bema,di n p g y Y
Bernardino have agreed to a merger of the redevelopment function of the
contract of City of San Bernardino.into the contract of San Bernardino
Economic, Development Agency. The' contract of San Bern:ardino
Economic`Development Agency steal[ be a continuation 6l, f the contract of
di.city of San;Bernardino between August 1; 1982 and prior to the effective
date of this contract, with respect to,the Redevelopment funct�an, pursuant
to Section 20508 of the Government Code. San Bernardino Economic
Development Agency, by its contract, assurrtes the accumulated
contributions and assets derived 'therefrom and 1'iability far prior and
current service under the contract of 0 i y 6 San Bernardino with respect
to its employees; performed redevelopment function. Such merger is
eff ective as of August 1! 1982.
a, Service performed for the: City of San Bernardino `and . the
Redevelopment Agency of the City of San Bernardino prior to
August 1, 1982'shall be subject to'the terms and conditions of the
City of San Bernardino's contract as they,werein eff ect at that time
in addition; to the benefits provided in San Bernardino Economic
Development Agency's contract. Service performed on and af#er
August 1, 1982 and prior to the effective`date of this contract shall
be subject to the terms and conditions of the San Bernardino
Economic Development Agency's contract. For purposes of
computing retirement allowances, separate C.61016tipris. shall be
made for services performed under eac o nt ract.
2016.7-5
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9. The percen#age of #final campensa#ion #o be provided for each year of
creditetl current service as a. new local miscellaneous member shall be i
determined in accordance with Section 7522.20 of said Retirement Law
1.(2% at age s2 Full}
10 The percentage of final compensation .o!be prouidetl for each year of
credited prior and current service as a classic local miscellaneous in
employment before and not on`or after Juiy 1, 2003`shall be determine_ n
accordance ;with Section 21354 of sold Retirement Law {2% at is 55
Full},
11. The percentage of final compensation td be provided for each year of
credited prior and current service as a classic local miscellaneous member {
in employment on or after,July 1, 2003 shall be determined in accordance
With Sec tion`21354.3 of said Retirement Law (3%at age 60 Full},
12. Public Agency elects to be subject to'the following optional provisions.
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a. Section 20042 (One-Year Final Compensation) for, classic loca!
miscellaneous members only.
b. Sections 21624 and 21626 (Post-Refirement Survivor Allowance} f
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1.3. Public:Agency shall con!ributeao said Re#irement System the contributions
determined by actuarial;valuations of prior and future :service liability with
respect#o local misceilaneous'members of;said Retirement System. a
14. PublioA enc shall also contribute to saidRetirement System as follows:
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a. Contribu#ions 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 asse#s >and
liabilities o. Public Agency and its employees shall.be pooled in a ;1
single account, based on term insurance' ra#es' for survivors of all '
local miscellaneous members;
b. A reasonable amount; as fixed by the Board, payable in one
installment'withir 60 days of:date of contract to cover the"costs of
administering said System as' it affects the employees of Public i
Agency, not including the costs of special valuations or of the
periodic iriYestigation 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 valua#ions required by law.
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15. 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.
16. 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.
BOARD OF ADMINISTRATION MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN
BERNARDINO
PUBLIC EMPLOYEES' RETIREMENT SYSTEM SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
BY BY 4'41 Al
RENEE OSTRANDER, CHIEF PRESIDING OFFICER
EMPLOYER ACCOUNT MANAGEMENT DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
NEW AGENCY CaIPERS ID#1122763437
PERS-CON-702N
2016-53
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employer Account Management Division
Retirement and Social Security Contracts Unit
P.O. Box 942709
Sacramento, CA 94229-2709
(888) Ca1PERS (225-7377)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
Mayor and Common Council of the
I hereby certify that the. City of San Bernardino of the
(governing body)
Successor Agency to the Redevelopment Agency of the
City 9i Ran Bernardine (public agency)
considered and adopted on March 21, 2016 ,by an affirmative vote of a
(date)
majority of the members of said Governing Body, Ordinance/ Resolution No. 2016-53
approving the attached contractual agreement between the Governing Body of said Agency
and the Board of Administration of the California Public Employees' Retirement System, a
certified copy of said Ordinance / Resolution in the form furnished by said Board of
Administration being attached hereto.
Adoption of the retirement benefit increase/change was not placed on the consent
calendar.
Clerk/S retary
City Clerk, City of San Bernardino
Title
Date
PERS-CON-5 (Rev.2/8/2016)