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HomeMy WebLinkAboutMC-450 . . 1 ORDINANCE, NO. ~C-450 2 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 POLICE MEMBERS. II THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO IORDAIN AS FOLLOWS: SECTION 1. That an amendment to the Contract between the 3 4 5 6 7 8 Mayor and Common Council of the City of San Bernardino and the 9 Board of Administration, California Public Employees' Retirement 10 System providing for one year final compensation for retirement 11 purposes for local police members is hereby authorized, a copy of 12 said amendment being attached hereto, marked Exhibit "A", and by 13 such reference made a part hereof as though herein set out in 14 full. 15 SECTION 2. The Mayor of the City of San Bernardino is hereby 16 authorized, empowered, and directed to execute said amendment for 17 and on behalf of the City. 18 SECTION 3. This ordinance shall take effect May 15, 1985, 19 with May 27, 1985 as the effective date of the PERS amendment, and 20 prior to the expiration of ten days from the passage thereof shall 21 be published at least once in the Sun, a newspaper of general 22 circulation, published and circulated in the City of San 23 Bernardino and thenceforth and thereafter the same shall be in 24 full force and effect. 25 I HEREBY CERTIFY that the foregoing ordinance was duly 26 adopted by the Mayor and Common Council of the City of San 27 28 Bernardino at a meeting thereof, held rRr:'lll nr day of ~,Dril , 1985, by the following on the ,5tn MC-450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vote, to wi t: . . AYES: Council Members Castaneda, Reilly, Hernandez, NAYS: ABSENT: Marks, Quiel, Frazier, Strickler None None h /{;/, J./ . ',~'%2/</"]1t!cst/ / City Clerk The foregoing ordinance is hereby approved this 17th day of April Approved as to form: ? / / ''f.: {, rii / L-~....l-- ... ,/'_t City Attorney , 1985. . )/, J--', , ii"'" -2- P MC-:450 Ii ii II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 I[ 28 , . . STAT~ OF CALIFO?-':UA CO:;:~TY OF SAN B~R!~.::'.RDINb CITY OF SAN BERC<ARDINO , J. SS I, SHAU~A CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Ordinance No. MC-450 is a full, true and correct copy of that now on file in this office. 1:~ IHTNESS \-:HEREOF, I have hereunto set I'lY hand and affixed the official seal of the City of San Bernardino this 17th day of April , 1985. A Q' :l~Y/Y1/ cb/t'/ /' City Clerk : MC-450 . . 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 governing body of above public agency, here- inafter 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, 11arch 17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, and January 7, 1985, 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 January 7, 1985, and hereby replaced by the following paragraphs numbered 1 through 12 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) ; c. Employees other than local safety members (herein referred to as local miscellaneous members). MC-450 . . 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 SY3tem: 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 ~embers 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 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 (2% at age 60 Full). 7. 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 (2% at age 50 Full). . 8. The following additional provlslons of the Public Employees' Retire- men~ Law, which apply only upon election of a contracting agency, shall apply to the Public Agency 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 5% Increase - 1970). Legislation repealed said Section effective January 1, 1979. c. Section 20024.2 (One-Year Final Compensation). d. Section 20930.3 (Military Service Credit) as defined in Chapter 1437, Statutes of 1974. e. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said Section effective January 1, 1979. f. Section 21222.6 (Special 15% Increase for Local Miscellaneous Members) as defined pursuant to Government Code Section 21222.6. 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 MC-450 . . fixed and determined as provided in and accumulated contributions as of contributions thereafter made shall in Section 20759. Government Cede. Section 20759, Government Code, the aforementioned date and be held by the Board as provided 10. 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 3S local miscellaneous menbers 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 percentages of monthly salaries 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 liability for current service benefits. (Subject to annual change.) c. 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. 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. 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. MC.,450 . . B. 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 a~ount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittnnces. Adjustments on account of errors in contributions required of any employee may be ~ade by direct payments between the employee and the Board. This amendment shall be effective on the Z7"'" day of 19 $5'. ~a;J- . Witness our hands the 17th day of Apr il . 19 85_. BOARD OF ADMINISTRATION PUBLIC B~PLOYEESf RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SAN BERNARDINO BY SIDNEY C. McCAUSLAND, EXECUTIVE OFFICER Approved as to form: Attest: '~ Nr-\ i\ \\ ~ \ \~>f\ 'r ~!:i~/(S Afb//;;,:~/ ~h Margaret J. ~ehn, Leg~ 0 fice, Date Clerk' ,~ PERS CON-702 KC-450 . . CERTIFICATION OF FINAL AcrroN OF GOVERNING BODY DATE: April 17, 1985 PUBLIC ENPLOYEE3 RErIREMENT SYSTEM P. O. Box 1953 Sacramento, California 95809 r hereby certify: That the Common Council (Governing Body) of the City of San Bernardino (Public Agency) adopted on April 15, 1985 (Date ) , by an affirmative vote of a majority of the members of said Governing Body, Ordinance (Ordinance or Resolution) No. MC-450 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 in the form (Ordinance or Resolution) furnished by said Board of Administration being attached hereto. ~:I?/l-<~d-- ClerlvOr Secretary City of San Bernardino Name of Agency PERS-CON-5 (Rev. 3/78)