HomeMy WebLinkAboutMC-1001
Adopted:
Effective:
August 18, 1997
September 18, 1997
I
ORDINANCE NO Me-lOOl
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRA nON
3 OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN
BERNARDINO
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS
5
6
SECTION 1. The Mayor is hereby authorized and directed to approve an amendment
7
to the contract between the City of San Bernardino and the Board of Administration of the
8
California Public Employees' Retirement System. A copy of said amendment is attached
9
hereto as an Exhibit and by such reference made a part hereof as though herein set out in full.
10
SECTION 2. The authorization to execute the above-referenced amendment to
11
Me-lOO 1
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
2 OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN
BERNARDINO
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. regular meeting thereof, held on
, 1997, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
~~L Utl LIL
Rac I Clark
City Clerk
17
The foregoing Ordinance is hereby approved this 19th day of AUl!ust
~Jffi~
om Mmor ayor
City of San Bernardino
,1997
18
19
20
Approved as to
21 form and legal content:
22 JAMES F PENMAN,
City Attorney
A
24 By" 1v~ -:;
11
23
')
I
I ~ /l/1 ~__
25
26
27
28
SRA:tbm[pcrsordJ
2
MC-lOOl
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, hereinafter referred to as
Board, and the governing body of 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 I, 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, and July 3, 1997 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 July
3, 1997, and hereby replaced by the following paragraphs numbered 1 through 13
inclusive:
\
I All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defmed 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 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. 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);
MC- 1001
c. 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;
l. VEmCLE OPERATORS; AND
m. EXTRA RELIEF REA VY LABORERS (EXTRA BOARD).
5. Prior to January I, 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
6. The percentage of [mal 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 21353 of said Retirement Law (2% at age 60 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
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
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 (Special 5% Increase-1970). Legislation repealed said
Section effective January I, 1980.
c. Section 20042 (One- Year Final Compensation).
Me-Iool
d. Section 21024 (Military Service Credit as Public Service), Statutes of
1974
e. Section 21222.2 (Special 5% Increase-1971). Legislation repealed said
Section effective January 1, 1980.
f. Section 21319 (Special 15% Increase for Local Miscellaneous Members).
g. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only
h. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only
i. Section 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. Per covered member, $1.50 per month on account of the liability for the
1959 Survivor Benefits provided under Section 21573 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 fire members.
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
MC-lOOl
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
January
1998
'-
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
. ~~
BY ......A (.A /)1.1 oM ~ ) en<.
~W MARZION, CHlE~ - PRESiDING OF CER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
w~
tl ",/ '1 , 7
I
Attest:
~
\ "
j
I~ \,
/-;:;.,' ('b,.oJIe.,
,
AMENDMENT
PERS-cON-702A (Rev 8\96)
;;1/'~/,JO/
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION
OF
FINAL AcrION OF GOVERNING BODY
I hereby certify that the
MAYOR AJID COIlIIOB COURCIL
(governing body)
of the
on OP SAJI ..........vnlBO
(public agency)
adopted on ADGUST 18, 1997 , by an affirmative vote ofa majority of1he members of said
(date)
Governing Body,
ORDIlWICB
(Ordinance or Resolution)
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
ORDIJIABCB in the form furnished by said Board of Admini!<f:ration
No. lIe-lOOl
approving the
(Ordinance or Resolution)
being attached hereto.
~J.L ~. ~
Clerk/S tary
Cln CLEIlJ:
Title
Date ~ ),,&/1''17
PERS-CON.S (Rev. 1196)