HomeMy WebLinkAboutMC-734
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1 ORDINANCE NO. MC-734
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON
3 COUNCIL AND THE BOARD OF ADMINISTRATION OF THE .CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO DO ORDAIN AS FOLLOWS:
6
SECTION 1.
That an amendment to the Contract between
7 I the Mayor and Common Council of the City of San Bernardino
8 I and the Board of Administration, California Public Employees'
9 I Retirement System is hereby authorized, a copy of which is
10 I attached hereto, marked Exhibit "A" and incorporated herein
11 by reference as fully as though set forth at length.
12
SECTION 2. The Mayor of the City of San Bernardino is
13 hereby authorized, empowered and directed to execute said
14 amendment for and on behalf of said Agency.
II
15 !'
16
SECTION 3.
This ordinance shall take effect 30 days
17 after the date of its adoption, and prior to the expiration
18 of 15 days from the passage thereof shall be published at
19 least once in the Sun, a newspaper of general circulation,
20 published and circulated in the city of San Bernardino and
21 thenceforth and thereafter the same shall be in full force
22 and effect.
23 I HEREBY CERTIFY that the foregoing ordinance was.duly
24 adopted by the Mayor and Common Council of the city of San
25
26
Bernardino at a regular
meeting thereof,
held on the
16th
day of July
, 1990 by the
27 following vote to wit:
28
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06/04/90
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10 J
ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE 1959 SURVIVOR
BENEFITS (THIRD LEVEL) FOR LOCAL FIRE MEMBERS ONLY.
Council Members AYES NAYS ABSTAIN
ESTRADA X
REILLY X
FLORES X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER X
g,ktur7"'. ~~.~ riRjJ~L,jJ ~
c~ty Cle ~~
The foregoing ordinance is hereby approved this ~~~
day of Jul y
, 1990.
Approved as to form
and legal content:
PD: ORDINANCE
Page 2 of 2
06/04/90
,
lil
!
Exhibit "A"
AMEIiDMEN'l' TO COIl'l'RACT
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 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 and September 16, 1988, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective September 16, 1988, 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 agel'
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);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
/J1{ 73./
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 AF'l'ER JANUARY 1, 1952;
b. LIBRARY PAGES HIRED ON OR AF'l'ER MARCH 17, 1975;
c. LIPBGUARDS;
d. SBIIIIOR LIFEGUARDS;
e. SUPERVISING LIFEGUARDS;
f. RBC:RBla!ION IN'l'ERNS;
g. RBCRBA!l'ION AIDES;
h. SBllIOR RBCRBA'I'ION LEADERS;
L RBCRBA'I'ION SPBCIALISTS;
j. I.lY"1r1m A'l"l'BNDAN'l'S;
k. VBIIICLB OPERATORS; AND
1. EX'l'RA RBLIEI' HEAVY LABORERS (EX'l'RA BOARD).
5. 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 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. 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 accordance with Section 21251.13 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 21252.01 of said Retirement Law
(2% at age 50 Full).
8. Public Agency elected to be subject to the following optional
provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
b. Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Section 20024.2 (One-Year Final Compensation).
d. Section 20930.3 (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.
/71/-/ _:'11
f. Section 21222.6 (Special 15% Increase for Local Miscellaneous
Members) .
g. Sections 21380-21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local fire
members only.
9. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
April 28, 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 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 in-
stallment 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 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.
jfl(.7.; 'I
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
,19_
day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
tAaL01tV &cuk.~ ifJ~~
Clerk iIf} "'7'
' 0,'1
)11(' /;'11
AMBNDMBIl'1' '1'0 CON'1'RAC'l'
BB'l'lfBBII THB
BOARD OF AIlMIlIIS'l'RA'1'ION
OF THB
PUBLIC EMPLOYBIlS' RB'l'IREMEN'l' SYSTEM'
AND '1'BB
CITY COOlICIL
OF '1'BB
CITY OF SAlI BBIUlARDIlIO
Exhibit "A"
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 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 la, 1975. July 6. 1977,
January 7, 1985, May 27, 1985 and September 16, 1988, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective September 16, 1988. 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 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) ;
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
Ii 'if- ;~;;-'I'
I j /....
4. In addition ~o 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. CROSSIBG GUARDS HIRED ON OR AP'l'BR JAIlUARY I, 1952:
b. LIBRARY PAGBS HIRED ON OR AP'l'BR MARCIl 17, 1975:
c. LII'BGUAIIDS:
d. SBRIOR LIPBGUARDS:
e. SUPBIlVISIBG LIPBGUARDS:
f. RlICRBA!'IOR IIl'rBRRS:
g. "-IIA'l'IOR AIDBS:
h. SBRIOR a-.....!'IOR LBADBRS:
i. RlICRBA!'IOR SPB:IALIS!'S:
j. LC-.In('A~r
k. VIlBICLB OPIlRA!'ORS: AIlD
1. Brl'RA- RBLIBP IlBAVY LABORBRS (KX'I'RA 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 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January I, 1975.
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 accordance with Section 21251.13 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 21252.01 of said Retirement Law
(2\ at age 50 Full).
8. Public Agency elected to be subject to the following optional
provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
b. Section 21222.1 (Special 5\ Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Section 20024.2 (One-Year Final Compensation).
d. Section 20930.3 (Military Service Credit as Public Service ),
Statutes of 1974.
e. Section 21222.2 (Special 5\ Increase - 1971). Legislation
repealed said Section effective January I, 1980.
..
lIJl-I}"!
f. Section 21222.6 (Special 15\ Increase for Local Miscellaneous
Members) .
g. Sections 21380-21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local fire
members only.
9. Public Agency. in accordance with Government Code Section 20740.
ceased to be an "employer" for purposes of Section 20759 effective on
April 28. 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759. and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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 Syste~as
follows:
a. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 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 in-
stallment 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 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.
..
/1J/-73V
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
, 19
day of
BY
~~T~aiOUNCIL DI~
CITY OF SAN BERNAR~~ ~
~ /~---7
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
~d-) (!lad- ~ AJ~ ~
Clerk ~
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
.'
)I>"/- 7~;'lj
Attachment "A"
SU~7 of Benefit Provi.ion.
Third Level 1'5' Survivor Benefit.
Gover~nt Code Section. 21310-21317, including Section 2l3~.4
Gen.rals The 1'5' Survivor Benefit. are paid .ontbly to c.rtain .urvivor.
of a .e.b.r who di.. b.fore retir...nt. Th. cov.r.d ae.oer'.
.urvivor. rec.iv. the following .onth1y a110wance.,regardl... of
whetber ,the ..~r wa. .ligible to ntin at tbe ti.. of d.atb.
Surviving .poII.e witb two or 80re d.pendent cbildren, or tbr..'or
80ce depeDdent cbl1dren, .1on.....................................tO
Surviving .poII.e witb one d.pendent ch11d, or two d.pendent children,
aloae.......................................................... .'700
Surviving .pou.e, alon., age &2 or over, depend.nt .other and depen'
dent fatber, ag. '2 or ov.r, or on. de~ftt cbild..............350
Definitton. of Survivor.
1. A d.pend.nt cbild i. one under the age of, 22 and ~rri.~ or a
di.abled cb11d of any ag. wboae di.ab11ity'begaJt>befor..an4 baa.
continued without interruptiOD aft.r att.i_t.of. .g...22.
2. A .poII.e c..... to be .ligible for a ben.fit u~ re..rri.ge.
3. A .urviving .poII.. .u.t be ..rri.d to the ..-ber prior to the
occurrance" of the injury or onNt of th." 111n.... whicb- r..ulted in
de.tb.
Concurrent Ben.fit.
The 1'5' Survivor Ben.fit. would be pay.bl. in addition to the following
benefit., if applic.bles
sa.ic Death Ben.fit - Thi. b.nefit provided i. ..r.fundof the ...oer'.
accu.ul.ted contribution., with int.re.t, plu. an addition.l a.aunt equal
to one aontb'. ..l.ry for .ach y.ar of ..rvice, up to . ..xi.u. of .ix
.onth. ..l.ry.
1'57 Survivor Benefit - Thi. benefit i. . .ontbly allowanc.-equal to
one-half of wbat the unaodified r.tire..nt allowance would have been bad
the .e~r be.n r.tired .t the ti.. of de,th.
Special De.tb Benefit (appli.. to local ..f.ty ..~r. only) - Thi.
benefit i. a .onth1y .llow.nce equal to one-balf of your -fin.l coapenaa-
tion-. The 1'5' Survivor Benefit. pa7.ble in an7 aonth .hall be r.duced
by the' &8OUDt of the .peeial de.th benefit allowanc..
Coat To The -10VM - '!'be co.t to the .-ployee i. $2.00 aonthly (non-
refund.ble), in addition to nor..l retire..nt contribution..
PBRS-COR-24b
C100U (3/'0)
1/1'/'" )'71
~ .
-=PERS
Contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION
OF
FINAL ACTIOH OF GOVERNING BODY
DATE:
July 20, 1990
I hereby certify:
That the Mayor and Common Council
(Governing Body)
of
the
City of San Bernardino
adopted
(Public Agency)
on July 16, 1990
(Date)
, by an affirmative vote of a majority of the
members of said Governing Body, Ordinance
(Ordinance or Resolution)
No.
MC-734
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said
Ordinance
(Ordinance or Resolution)
in the form
furnished by said Board of Administration being attached hereto.
Jkvna {'lku-L ~~&~~-dt~
(Clerk or Sec,r arYl ~p; '. ~ -
Shauna Clark, City Clerk by Melanie Vale, Deputy
City of San Bernardino
(Public Agency)
PERS-CON-5
C06l4 (Rev. 4/89)