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HomeMy WebLinkAbout29-Personnel .<;>F,SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . From: BARBARA DILLON Subject: RESOLUTION OF THE MA YOR&COMMON COUNCIL . . . EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO Date: PERSONNEL MARCH 18, 1997 ORIGINAL Dept: AN ORDINANCE. . . AUTHORIZING AN AMEND- MENT TO THE CONTRACT BE1WEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO Synopsis of Previous Council Action: On March 17, 1997, the Mayor and Common Council approved a motion to receive and file the mid-year budget report and to instruct the Director of Personnel to meet with the "miscellaneous" employee bargaining units to discuss the following: Two (2) years additional service credit to PERS members who retire during a designated period if a mandatory transfer, layoff or demotion is imminent and specific PERS requirements are met. (This benefit is also know as the "golden handshake. ") Recommended Motion: Motion 1: Adopt the resolution of the Mayor and Common Council of the City of San Bernardino expressing its intention to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City of San Bernardino. lllli! Motion 2: That said ordinance be laid over. ~~d/7A.2'J/ ///'JJ?} Signature Contact person: Barbara Dillon Phone: 384-5161 Supporting data attached: Yes Ward: Council Notes: Amount: Source: (Acct. No.) (Acet. D~ri*o~) :; Finance: tlf. .. . 'l. \I u: l -. FUNDING REQUIREMENTS: d..CjA -Res 97- C; '1 J..1 g-Laid OVer Agenda Item No. ~9 ~ i-13 'I /'1 91 .OF, SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND On March 17, 1997, the Mayor and Common Council approved a motion to receive and file the mid-year budget report and to instruct the Director of Personnel to meet with the "miscellaneous" employee bargaining units to discuss the following: Two (2) years additional service credit to PERS members who retire during a designated period if a mandatory transfer, layoff or demotion is imminent and specific PERS requirements are met. (This benefit is also known as the "golden handshake. ") Pursuant to PERS regulations, the Mayor and Common Council must adopt a Resolution of Intention and an ordinance approving an amendment to the PERS contract. ANALYSIS The attached Resolution of Intention (Exhibit A) states the intention of the Mayor and Common Council of the City of San Bernardino to amend its contract with the Public Employees' Retirement System to provide Section 20903 (Two (2) Years Additional Service Credit) for local miscellaneous members. Exhibit B is the ordinance, which is presented for a first reading. COSTING Although Section 20903 does not increase the employer contribution rate, there is a dollar cost for this benefit. After the expiration of the designated period, the agency will need to submit to PERS a list of members eligible to receive the additional service credit who retired during the designated period. The designated period must be subsequent to the effective date of the contract amendment and cannot be less than 90 nor more than 180 days in length. The agency will be notified of the actual costs and payment options available after all eligible members have received the additional service credit. RECOMMENDATION Based on the foregoing, it is recommended that the Mayor and Common Council adopt: * Resolution of the Mayor and Common Council of the City of San Bernardino expressing its intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City of San Bernardino. and, * That said ordinance be laid over. EXHIBIT A 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 I, 1945, and witnessed February 6, 1945, and as amended effective November I, 1949, September 1, 1951, January 1, 1952, July I, 1954, February I, 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 and August 1,1996: A. Paragraphs I through 13 are hereby stricken from said contract as executed effective AugUst I, 1996, and hereby replaced by the following paragraphs numbered I through 13 inclusive: I. All words and terms used herein which are dermed 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 I, 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 prov\sions 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); PLEASE DO NOT SIGN "EXH!S:T Of.iLY" 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; I. VEHICLE OPERATORS; Ai"ID m. EXTRA RELIEF HEAVY 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 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January I, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July I, 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 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 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-Retireme~t Survivor Allowance) for local miscellaneous members and local fire members only. PLEASE DO NOT SIGN "EXi1iSIT CiLY:' b. Section 21222.1 (Special 5% Increase-1970). Legislation repealed said Section effective January I. 1980. c. Section 20042 (One-Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. e. Section 21222.2 (Special 5% Increase-I971). Legislation repealed said Section effective January I, 1980. f. Section 21319 (Special 1 5% Increlise 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 misceIlaneoll$ 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 foIlows: a. Public Agency shall contribute S1.50 per member, 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 v.ithin 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. 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 ~oard 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 day of ,19_. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF TIlE CITY OF SAN BERNARDINO BY. ~~ BY ~ KENNET~ IARZION. CHIEF PRESID~ OFFICER ACTUARIAL MPLOYER SERVICES DIVISION ~~ PUBLIC EMPLO ' RETIREMENT SYSTEM ~~ ~ ~~ ,~ ~ it.;, ~'" '1..!-:~ Witness Date 11-, "~" ~' ~/., I ,~ ~ ~. ~. "'~", Anest: "'....;- <;.k <')-:, Clerk A.\IENDMENT PERS-CON.702A (Rev. 11196) . . 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 GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the MAYOR ARD COMIIOIIJ COUllleIL (governing body) of the CITY OJ!' SAII1 BBRII1ARDIIIJO (public agency) on April 7. 1997 (date) . C~~ CITY CLERK Title PERS-CON-12 (rev. 1/96) ", " EXHIBIT A A.VlENDMENT 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 ~f 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 I, 1945, and witnessed February 6, 1945, and as amended effective November I, 1949, September I, 1951, January I, 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 and August 1,1996: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective August 1, 1996, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are dermed 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 pro~sions 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); '. I PLEASE DO NOT SIGN "EXHIS:: Ol.iL'i" 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 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January I, 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 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 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-Retiremel!t Survivor Allowance) for local miscellaneous members and local fire members only. ., I .' PLEASE DO NOT SIGN "EXi1iSiT miLY:l b. Section 21222.1 (Special 5% lncrease-I 970). Legislation repealed said Section effective January I, 1980. c. Section 20042 (One-Year Final Compensation). 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 I, 1980. f. Section 21319 (Special 15% 1ncre8se for Loca1 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 miscellaneoU$ 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 sha1I 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 valuatiODs 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 $1.50 per member, 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. 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 day of ,19_. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SAN BERNARDINO BY~ BY~ ICENNE ~~ON. CIIIEF PRESID""P. OFFICER ACTUARIAL LOYER SERVICES DIVISION ~<2 PUBLIC EMPLO . RETIREMENT SYSTEM Z'A. ~~ ."'... 7~ '~ ~~~~.~ Witness Date t~ ~ ~~. <-~ q.!", ~'\. .:,~> Attest: ~;- qz.. "r.) Clerk A....ENDMENT fERS.CON-702A (Rev. 1196) .' (g(Q)[?)'l! EXHIBIT B I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION 3 OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. 4 5 6 7 8 9 10 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to approve an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. A copy of said amendment is attached hereto as Exhibit "A" and by such reference made a part hereof as though herein set out in full. SECTION 2. The authorization to execute the above-referenced amendment to 11 Contract is rescinded if the parties to the Contract fail to execute it within sixty (60) days of the " " 1 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 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on . 1997, by the following vote, to wit: AYES NAYS ABST A1N ABSENT 15 16 17 18 Rachel Clark City Clerk The foregoing Ordinance is hereby approved this day of ,1997. 19 Tom Minor, Mayor City of San Bernardino