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C~TyQF SAN BERNARDINO- REQUIOT FOR COUNCIL ACOON
From: Gordon R, Johnson
Dept: Personnel Department
Date: July 25, 1988
Subject: Amendment to Contract between the
City and the Public Employee's Retire-
ment System to Exclude Certain
Temporary Positions from PERS Contr~~
tion Requirements, --J ,~
Synopsis of Previous Council action:
Council adopted Ordinance MC-360 amending PERS contract on July 5, 1988.
Recommended motion:
That further reading of said ordinance be waived and said ordinance
be laid over for final passage.
)J~tJJ~
, gnature
Contact person:
Gordon R. Johnson
Phone:
5161
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
n/a
Sou rce:
Finance:
Council Notes:
Agenda Item No
-.sr-
75.0262
C'IT+t. SAN BBRNARDINO- REQUOT FOR COUNCIL ~ON
STAFF REPORT
state Law requires a minimum of 20 days between the Council
Resolution of Intention to amend the City's contract with
state of California Public Employees Retirement system and
final Council adoption of an ordinance to effect the change.
The City approved the Resolution of Intention jl88-201 and the
first reading of the ordinance on June 20, 1988 and adopted
the final reading of Ordinance jlMC-360, July 5, 1988, which
is a total of only 15 calendar days. The city Attorney's
Office has determined that the ordinance needs to be re-
pealed, and a new ordinance be adopted. This ordinance
repeals ordinance jlMC-360 and serves as the first reading of
a new ordinance which is identical to the one adopted by
council on June 20 and July 5, 1988. If adopted, it will be
returned for second reading on August 15, 1988, and take
effect on September 15, 1988.
GRJ: j r
75~0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM, AND REPEALING ORDINANCE NUMBER MC-
360.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
That an amendment to the Contract between the
Mayor and Common.Council of the City of San Bernardino and the
Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. The Mayor of the City of San Bernardino is
hereby authorized. empowered and directed to execute said
amendment for and on behalf of said Agency.
SECTION 3. Ordinance No. MC-360 is hereby repealed.
SECTION 4. This ordinance shall take effect 30 days after
the date of its adoption, and prior to the expiration of 15 days
from the passage thereof shall be published at least once in The
Sun, a newspaper of general circulation, published and circulated
in the City of San Bernardino and thenceforth and thereafter the
same shall be in full force and effect.
I HEREBY CERTIFY that the foregoing ordnance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1988, by the following
vote, to wit:
7-22-88
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AYES:
Council Members
NAYS: .
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1988.
EVLYN WILCOX, MAYOR
City of San Bernardino
Approved as to form
and legal content:
"r-.9A-
C Attorney
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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 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 and May 27, 1985, 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 May 27, 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
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 contract-
ing 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 th~n local safety members (herein referred to as
local miscellaneous members).
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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 I, 19521
b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975,
c. LIFEGUARDS 1
d. SENIOR LIFEGUARDS,
e. SUPERVISING LIFEGUARDS,
f. RECREATION INTERNS,
g, RECREATION AIDES,
h. SENIOR RECREATION LEADERS,
i, RECREATION SPECIALISTS 1
j LOCKER ATTENDANTS,
k. VEHICLE OPERTORS, AND
1. 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. 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 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'
Retirement 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 I, 1980,
c. Section 20024,2 (One-Year Final Compensation).
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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, 1980.
f. Section 21222.6 (Special 15\ Increase) for local miscellaneous
members.
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 as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 0,045 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change,)
(2) 12.217 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 salaries earned as members of said
Retirement System:
(1) 26.659 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.
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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
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 SAN BERNARDINO
BY
BY
Presiding Officer
CHARLES F. CONRAD
ASSISTANT EXECUTIVE OFFICER
CONTRACT AND PROGRAM SERVICES
Witness Date
Attest:
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 9/86)