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ORDIN~NCE NO.
ORDIN~NCE OF THE MAYOR AND'COMMON COUNCIL OF THE CITY OF S~N
BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
M~YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND THE
BOARD OF ADMINISTRATION OF THE C~LIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM PROVIDING FOR ONE YE~R FINAL COMPENSATION FOR
RETIREMENT PURPOSES FOR LOCAL POLICE MEMBERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF S~N 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 police 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 May 15, 1985,
with May 27, 1985 as the effective date of the PERS amendment, 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
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full force and effect.
I 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
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vote, to wi t :
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
cJ 1~j2-~' /!.
City Attorney
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AMENDMENT TO CONTRACT
BETWEEN TH[
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AN D THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
The Board of Administration, Public Employees' Retirement System, herein-
a:~er referred to as Board, and the governing body of above public agency, here-
:=cfter referred to as Public Agency, having entered into a contract effective
~ar:h " 1945, and witnessed February 6, 1945, and as amended effective
J:Tember " 1949, September 1, 1951, January " 1952, July 1. 1954. February 1,
. ;~5, February 211, 1969, March 8, 1971, October " 1973. October 28. 19711.
~a~ch 17. 1975. April 28, 1975, November 10, 1975, July 6, 1977, and January 7.
':~5. which provides for participation of Public Agency in said System, Board
~~ Public Alency hereby agree as follows:
1. Paralrapha 1 through 13 are hereby stricken from said contract as executed
effective January 7, 1985, and hereby replaced by the followinl parasraphs
numbered 1 throuih 12 inclusive:
1. All worda and terms used herein which are defined in the Public Employ-
ees' Retirement Law ahall have the meaninl as defined therein unless
otherwiae specifically provided. "Normal retirement ale" shall ..an
ale 60 for local miscellaneous members and ale 50 for local safety
members.
2. Public Alency shall participate in the Public Employeea' Retirement
System froa and after March 1. 1945 makinl 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 ~xcept those, which by
express provisions thereof, apply only on the election of a contractinl
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:
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a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety
member s) ;
c. Employees other than local saf~ty membf:rs (herein referred to c:s
local miscell"neous members).
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PLEAS: DR~0T S!GN "EXH~ ONLY"
_. In addition to the classes of employees excluded from membership by
aaid Retirement Law, the following classes of employees shall not
become members of said Retirement System:
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a. CROSSING GUARDS HIRED ON OR AFTER JANUARY 1, 1952; AND
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975.
5. Effective October 28, 1974, 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 Jlnuary 1, 1975.
6. The fraction of final compensation to be provided for elch yelr 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 It Ige 60 Full),
7. The fraction of final compensation to be provided for each year of
credited prior Ind current service as a local safety ...ber Iball be
determined in accordance with Section 21252.01 of said Retirement Law
(21 at age 50 Full).
8. The followinl additional provisions of the Public Employees' aetire-
ment Law, which ,apply only upon election of a contractinl alency.
shall apply to the Public Alency and its employees:
a. Sections 21263. 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance). for local miscellaneous members only,
b. Section 21222.1 (Special 51 Increase - 1970). Lelislation
repealed said Section effective January 1. 1979.
c. Section 2002Q.2 (One-Year Final Compensation).
d. Section 20930.3 (Military Service Credit) as defined in Chapter
1437. Statutes of 1974. '
e. Section 21222.2 (Special 51 Increase - 1971). 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.
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9. 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
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Plf/.~.r oQ.10! ~.!c.!~ "f.xlOT ONLY"
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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.
10. Public Agency shall contribute to said Retirement System as follows:
ao 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 or the
liability for current service benefits, (Subject to annual
change.)
b, With respect to local safety members, the agency shall contribute
the following percentages of monthly aalaries earned as local
safety members of said Retirement System:
(1) 0.212 percent until June 30, 2001 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 32,280 percent until June 30. 2000 on account of the
liabilitJ for current service benefits. (Subjeot to annual
change,)
c, & reasonable amount, as fixed by the Board. payable in ODe in-
stallment within 60 days of date of contract to cover the costs
of adalnistering 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 or special
valustions on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. 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.
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12. 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
19_.
day of
,
Witness our hands the
day of
,19_.
B01RD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
BY
SIDNEY C. McC1USLAND,
EXECUTIVE OFFICER
BY
Presiding Officer
Approved as to tonn
Attest:
PERS CON-702
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