HomeMy WebLinkAboutMC-1097
Adopted:
Effective:
May 21, 2001
June 21, 2001
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Ordinanee No Me-l097
3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 AN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT
ETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 ERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
UBLlC EMPLOYEES' RETIREMENT SYSTEM (3% @ 55 BENEFIT) AND
6 EPEALlNG ORDINANCE NO. MC-1096.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
OES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the contraet between the Mayor and
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10 ommon Council of the City of San Bemardino and the Board of Administration,
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alifornia Public Employees' Retirement System is hereby authorized, a copy of said
mendment being attached hereto, marked Exhibit "A," and by such reference made a
art hereof as though herein set out in full.
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16 mpowered and directed to exeeute said amendment for and on behalf of said Agency.
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SECTION 2. The Mayor of the City of San Bernardino is hereby authorized,
SECTION 3. Ordinance No. MC-1096 is hereby repealed in its entirety.
18 SECTION 4. This Ordinance shall take affect thirty (30) days after the date of its
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doption.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 AN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT
ETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
ERNARDlNO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
UBLlC EMPLOYEES' RETIREMENT SYSTEM (3% @ 55 BENEFIT) AND
EPEALlNG ORDINANCE NO. MC-1096.
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8 eld on the
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
ommon Couneil of the City of San Bernardino at a joint regular
meeting thereof,
21st
o wit:
OUNCILMEMBERS:
STRADA
IEN
C GINN IS
CHNETZ
UAREZ
NDERSON
C CAMMACK
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23 pproved as to form and
egal eontent:
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The foregoing
Ma
AMES F. PENMAN,
25 City Attorney
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27 By:
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day of
, 2001, by the following vote,
May
AYES
NAYES
ABSENT
ABSTAIN
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~i;J.t~
Ra el G. Clark, City Clerk
ordinanee
is hereby approved this
22nd
of
,2001.
HRlAgenda Items:ORD.PERS.Amend.3%@55.2 05/02/01
Me-I097
A
CalPERS
EXHIBIT "A"
California
Public Employees' Retirement System
.
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 contraet 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 and June 1, 2001 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective June 1, 2001, 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
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 and age 55 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 hereinafter
provided, members of said System subjeet 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 exeept those, which by express provisions
thereof, apply only on the election of a contracting agency.
Me-1097
3. 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);
e. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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).
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary andlor seasonal basis not to exceed 6 months
were excluded from PERS membership by contract Government Code
Section 20336 superseded this contract provision by providing 1hat 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.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in aceordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in aceordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full). The required member contribution rate is 9% of
reportable compensation.
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8. 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), Statutes
of 1974.
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).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members and local miscellaneous members only.
h. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
I. Seetion 21635 (Post-Retirement Survivor Allowance to Continue
After Remarriage) for local fire members only.
9. 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.
10. 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.
11. 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 ehange.) 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 fire members and local miscellaneous members only.
Me-l097
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 Publie 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 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 1st day of
July
, 2001
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
CITY OF SAN BERNARDINO
BY
TH . MA ION, CHIEF PR
L & EMPLOYER SERV CES DIVISION
PLOYEES' RETIREMENT SYSTEM
;);;). ;;;>'00 (
Attest:
~h,~
AMENDMENT
PERS-CON-7Q2A (Rev. 8\96)