HomeMy WebLinkAbout2017-0721
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WHEREAS, the California Public Employees' Retirement Law permits the participatio-
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of public agencies and their employees in the California Public Employees' Retirement Syster
(CalPERS) by the execution of a contractand sets forth the procedure by which said publi
agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption i'
the governing body of the public agency of a resolution gg notice of its 'intention to approv
an amendment to said contract, which resolution shall contain a summary of the change proposeli
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To provide Section 20475 (Different Level of Benefits). Section 7522.25(c) (2.5%
@ 57 Full formula) is applicable to new local police members entering
membership for the first time with this agency after the effective date of this
amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the Cit,
San Bernardino, California, hereby adopt and authorize the execution of the Resolution o
Intention document approving an amendment to the contract between the City of S
Bernardino and the Board of Administration of the Public EmployeesRetirement System,
copy of said amendment being attached hereto, as "Exhibit A" and by this reference made a p,.,
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Cit)
Council of the City of San Bernardino at a int regular. meeting thereof, held on the .1 71h day
April, 2017, by the following vote, to wit:
COUNCILMEMBERS.- AYES NAYES ABSTAIN ABSENT
MARQUEZ
x
BARRIOS
x
VALDIVIA
x
SHORETT
x
NICKEL
x
RICHARD
x
MULVIHILL
x
Approved as to form:
Gary D. Saenz, City Attorney
By:
111, 311 !K711 I
lilu mm I
[1611111N- 11,721, 1-1:4GI-S'
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEESRETIhis: EMENT SYSTEM
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by
the execution of a contract, and sets forth the procedure by which said public
agencies may elect to subject themselves and their employees to amendments
to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall
contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level of Benefits).
Section 7522.25(c) (2.5% @ 57 Full formula) is applicable to
new local police members entering membership for the first
time with this agency after the effective date of this
amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does
hereby give notice of intention to approve an amendment to the contract
between said public agency and the Board of Administration of the Public
Employees' Retirement System, a copy of said amendment being attached
hereto, as an "Exhibit" and by this reference made a part hereof
•
(Amendment) CaIPERS 1D# 6652305580
CON -302 (Rev. 3/9/2016 rc)
Ca1PERS
California
Public Employees' Retirement System
EXHIBIT
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,
September 1, 2011 and October 4, 2011 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 17 are hereby stricken from said contract as executed
effective October 4, 2011, and hereby replaced by the following paragraphs
numbered 1 through 20 inclusive:
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 classic local miscellaneous members and age 62 for new
local miscellaneous members; age 50 for classic local safety members
entering membership in the safety classification on or prior to September
1, 2011, age 55 for classic local safety members entering membership for
the first time in the safety classification after September 1, 2011, age 57
for new local safety members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
_ 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 CaIPERS 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) Any dispute, disagreement, claim, or proceeding (including
without limitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas that are different than such employees' existing
retirement benefits, provisions or formulas
(c) Public Agency's agreement with a third party other 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' Retirement Law.
_ 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).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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;
1. 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 classic 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).
8_ The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment on or after January 1, 2008 and not entering membership
for the first time in the miscellaneous classification after October 4, 2011
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 classic local miscellaneous member entering
membership for the first time with this agency in the miscellaneous
classification after October 4, 2011 shall be determined in accordance with
Section 21354 of said Retirement Law (2% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local miscellaneous member
shall be determined in accordance with Section 7522.20 of said
Retirement Law (2% at age 62 Full).
11. The percentage of final compensation to be provided for each year of
credited prior and current service as a local classic 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).
12. The percentage of final compensation to be provided for each year of
credited current service as a classic local safety member entering
membership for the first time with this agency 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).
13. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local fire member and a new
local police member entering membership on or prior to the effective date
of this amendment to contract shall be determined in accordance with
Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
14. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local police member entering
membership for the first time with this agency in the police classification
after the effective date of this amendment to contract shall be determined
in accordance with Section 7522.25(c) of said Retirement Law
(2.5% at age 57 Full).
15. 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) for classic
miscellaneous members and classic safety members only.
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.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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.
Section 21635 (Post -Retirement Survivor Allowance to Continue
After Remarriage) for local fire members only.
Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to classic local safet y members
entering membership for the first time with this agency in the safety
classification after September 1, 2011.
Section 20475 (Different Level of Benefits). Section 21354 (2% @
55 Full formula) is applicable to classic local miscellaneous
members entering membership for the first time With this agency in
the miscellaneous classification after October 4, 2011.
Section 20475 (Different Level of Benefits): Section 7522.25(c)
(2.5% @ 57 Full formula) is applicable to new local police
members entering membership for the first time with this agency in
the police classification after the effective date of this amendment
to contract.
16. 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.
17. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety, members of said
Retirement System.
18. 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.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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.
19. 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.
20. 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. This amendment shall be effective on the day of ,
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN BERNARDINO
BY BY
ARNITA PAIGE, CHIEF PRESIDING CER
PENSION CONTRACTS AND PREFUNDING �y
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ess Date .,
�QAttest:
QQ e
c,
Clerk r�
X;
AMENDMENT CaIPERS ID #6652305580 Q~
PERS-CON-702A