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CITO OF SAN, 'BERNARDIO - REQUE(7 FOR COUNCIL AC'C))N
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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.
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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.
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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
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~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:
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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, 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) ;
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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.
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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.)
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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