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Home My WebLink AboutMC-1255 I.. Adopted: September 17, 2007 Effective: October 18, 2007 Ordinance No. MC-1255 2 3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CI OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRAC BETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNI PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN AS FOLLOWS: 7 SECTION 1. That an amendment to the contract between the Mayor and Commo 8 9 Council of the City of San Bernardino and the Board of Administration, California Publi 10 Employees' Retirement System is hereby authorized, a copy of said amendment being attache 11 hereto, marked Exhibit "A" and by such reference made a part hereof as though herein set out' 12 full. 13 SECTION 2. The Mayor of the City of San Bernardino is hereby authorized, empowere 14 and directed to execute said amendment for and on behalf of said Agency. 15 SECTION 3. This Ordinance shall take affect thirty (30) days after the date of it 16 adoption, and prior to the expiration of 30 days from the passage thereof, shall be published a 17 least once in the San Bernardino County Sun, a newspaper of general circulation, published an 18 circulated in the City of San Bernardino and thenceforth and thereafter the same shall be in ful 19 force and effect. 20 III 21 III 22 23 III 24 III 25 III III -1- HC-1255 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CI OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRAC 2 BETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNI 3 PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor an 5 the Common Council of the City of San Bernardino at a joint regular meeting thereof, hel 6 on 17th day of September ,2007, by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x 9 10 11 12 13 14 15 (-I-?e.1u..( h. ~ Rachel G. Clark, City Clerk 16 17 18 The foregoing resolution is hereby approved this \ v."!J-- day 0 19 September ,2007. 20 21 22 Approved as to form: 23 JAMES F. PENMAN, 24 City Attorney 25 By: -2- 1- A CalPERS ~i ~~l!IBIT "A" .. ",' " ....... ,J \,.;...,: ,,~ ; " ':>. ....,_-'; , 1, .-.:...' (. t: ?,::-~~"!r~r\::-,,",: . '-,- <".' .~ -" .'-' 2001 NOV 26 ArHf: 10 _"1"'. -' i;L..:' '" CWi f,;: ;" '" i, ,: F(;'~( -, California ~ Public Employees' Retirement System . AMENDMENT TO CONTRACT Between the Board of A~ministration California Public Employees' Retirement System and the City Council City of San Bernardino . The Board of Administration, Califomia 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 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, September 16, 1988, August 27,1990, August 1,1996, July 3,1997, January 1,1998, August 1,1998, November 1, 1999, June 1, 2001 and July 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 July 1, 2001, and hereby replaced by the following paragraphs numbered 1 through 14 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 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. I ". 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). 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 and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Govemment 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 Govemment 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 in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance 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 miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 8. 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 21363.1 of said Retirement Law (3% at age 55 Full). 9. 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). 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). Legislation repealed said Section effective January 1, 2002. g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and 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. 10. 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. 11. 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. 12. 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 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 miscellaneous members and 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. 13. 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. 14. 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 .Tallnllary I 'OOR . BY LO EMP 0 SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL :~ O~'~ARDINO PR~ ~ ~5", ;t6iJ7 Witness Date .. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Att~ h.~ Clerk AMENDMENT ER# 0061 PERS-CON-702A (Rev. 10105) 1-_-- CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services (888) CalPERS (225-7377) SUMMARY OF MAJOR PROVISIONS 2.7% @ 55 Formula (Section 21354.5) Local Miscellaneous Members SERVICE RETIREMENT To be eligible for service retirement, a member must be at least age 50 and have five years of CalPERS credited service. There is no compulsory retirement age. The monthly retirement allowance is determined by age at retirement, years of service credit and final compensation. The basic benefit is 2.7% of final compensation for each year of credited service upon retirement at age 55. If retirement is earlier than age 55, the percentage of final compensation decreaseS for each quarter year of attained age to 2% at age 50. Final compensation is the average monthly pay rate during the last consecutive 36 months of employment, or 12 months if provided by the employer's contract, unless the member designates a different period of 36 or 12 consecutive months when the average pay rate was higher. DISABILITY RETIREMENT Members substantially incapacitated from performing the usual duties for the position for his/her current employer, and from performing the usual duties of the position for other CalPERS covered employers (including State agencies, schools, and local public agencies), and where similar positions with these other employers with reasonably comparable in pay, benefits, and promotional opportunities are not available, would be eligible for disability retirement provided they have at least five years of service credi!. The monthly retirement allowance is 1.8% of final compensation for each year of service. The maximum percentage for members who have between 10.000 and 18.518 years of service credit is one-third of their final compensation. If the member is eligible for service retirement the member will receive the highest allowance payable, service or disability. If provided by the employer's contract, the benefit would be a minimum of 30% of final compensation for the first five years of service credit, plus 1 % for each additional year of service to a maximum benefit of 50% of final compensation. INDUSTRIAL DISABILITY RETIREMENT If provided by the employer's contract, members permanently incapacitated from performing their duties, as defined above under Disability Retirement, and the disability is a result of a job- related injury or illness may receive an Industrial Disability Retirement benefit equal to 50% of their final compensation. If provided in the employer's contract and the member is totally disabled, the disability retirement allowance would equal 75% of final compensation in lieu of the disability retirement allowance otherwise provided. If the member is eligible for service retirement, the service retirement allowance is payable. The total allowance cannot exceed 90% of final compensation. PRE-RETIREMENT DEATH BENEFITS Basic Death Benefit: This benefit is a refund of the member's contributions plus interest and up to six months' pay (one month's salary rate for each year of current service to a maximum of six nnll1()f1t~~ L._ m___m .m__' .-'-- n PER5-CON-57 (rev. 2/05) 1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death Benefit or the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance equal to one-half of the highest service retirement allowance the member would have received had he/she retired on the date of death. The 1957 Survivor Benefit is payable to the surviving spouse or registered domestic partner until death or to eligible unmarried children until age 18. 1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered under social security.) A surviving spouse or registered domestic partner and eligible children may receive a monthly allowance as determine by the level of coverage. This benefit is payable in addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under age 22 and unmarried. Pre-Retirement Ootional Settlement 2 Death Benefit: (If provided by the employer's contract.) The spouse or registered domestic partner of a deceased member, who was eligible to retire for service at the time of death, may to elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit in lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount 'he member would have received if he/she had retired for service on the date of death and elected Optional Settlement 2, the highest monthly allowance a member can leave a spouse or registered domestic partner. COST -OF-L1VI NG ADJUSTMENTS The cost of living allowance increases are limited to a maximum of 2% compounded annually unless the employer's contract provides a 3, 4, or 5% increase. DEATH AFTER RETIREMENT The lump sum death benefit is $500 (or $600, $2,000, $3,000. $4,000 or $5.000 if provided by the employer's contract) regardless of the retirement plan chosen by the member at the time of retirement. TERMINATION OF EMPLOYMENT Members who have separated from employment may elect to leave their contributions on deposit or request a refund of contributions and interest. Those who leave their contributions on deposit may apply at a later date for a monthly retirement allowance if the minimum service and age requirements are met. 'Members who request a refund of their contributions terminate their membership and are not eligible for any future benefits unless they return to CalPERS membership. EMPLOYEE CONTRIBUTIONS Miscellaneous members covered by the 2.7% @ 55 formula contribute 8% of reportable earnings. Those covered under a modified formula (coordinated with Social Security) do not contribute on the first $133.33 earned. The employer also contributes toward the cost of the benefits. The amount contributed by the employer for current service retirement benefits generally exceeds the cost to the employee. In addition. the employer bears the entire cost of prior service benefits (the period of time before the employer provided retirement coverage under CaIPERS). All employer contribution rates are subject to adjustment by the CalPERS Board of Administration. PERS-CON-57 (rev, 2/05)