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HomeMy WebLinkAboutMC-1366 Adopted: October 17, 2011 Effective: November 16, 2011 1 Ordinance No MC-IJ66 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLI EMPLOYEES' RETIREMENT SYSTEM. 3 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN AS FOLLOWS: 6 SECTION 1. That an amendment to the contract between the City of San Bernardin 7 and the Board of Administration of the California Public Employees' Retirement System i 8 9 hereby authorized; a copy of said amendment being attached hereto marked Exhibit "A" and b 10 such reference made a part hereof as though herein set out in full. 11 SECTION 2. The Mayor of the City of San Bernardino is hereby authorized 12 empowered and directed to execute said amendment for and on behalf of said Agency. 13 SECTION 3. This Ordinance shall take effect thirty (30) days after the date of it 14 adoption, and within 30 days from the passage thereof, shall be published at least once in the S 15 Bernardino County Sun, a newspaper of general circulation published and circulated in the Ci 16 of San Bernardino, and thenceforth and thereafter the same shall be in full force and effect. 17 III 18 III 19 III 20 III 21 III 22 23 III 24 III 25 -1- MC-1366 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDIN 2 AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLI EMPLOYEES' RETIREMENT SYSTEM. 5 the Common Council of the City of San Bernardino at a regular meeting thereof, hel 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor an 6 on 17th day of October , 2011, by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT MARQUEZ X 9 JENKINS x 10 BRINKER X 11 SHORETT X 12 KELLEY X 13 JOHNSON X MCCAMMACK X 14 15 ~~b.~ 16 Rac el G. Clark, City Clerk 17 The foregoing resolution IS hereby approved this /'l~ day 0 18 October ,2011. 19 ~ . Morris, May an Bernardino 20 21 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 genda lIemsIPERS\Ordinance.2.0%@55.2011.doc 25 -2- A CaIPERS California Public Employees' Retirement System " " EXHIBIT A . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of San Bernardino . The Board of Administration, California 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, July 1, 2001, January 1, 2008, January 1, 2009 and September 1, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective September 1, 2011, and hereby replaced by the following paragraphs numbered 1 through 17 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; age 50 for local safety members entering membership in the safety classification on or prior to September 1, 2011, and age 55 for local safety members entering membership for the first time in the safety classification after September 1, 2011. .-', ,,' ." ',~ ',""",," . . '. ~,' .~ 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. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) otTitle 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. "- ", <,~:-: f"":"'-1 ." ;--,.... :" ...., [\ ~ i; .,...-.,.., ~ I ~ ,-?, ,- . 4. 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). 5. 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). 6. 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 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 Government Code Section 20305 effective July 1,1994. 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 before and not on or after January 1, 2008 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). - ,. h.. -" ~ -- ,_ ; l' ,_i j , ,",.,! ~.'~, .,~., , 8. 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 January 1, 2008 and not entering membership for the first time in the miscellaneous classification 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). 9. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354 (2% at age 55 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in the safety classification on or prior to September 1, 2011 shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local safety member entering membership for the first time in the safety classification after September 1, 2011 shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. 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. j. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local safety members entering membership for the first time in the safety classification after September 1, 2011. Section 21354 (2% @ 55 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 13. 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. 14. Public Agency shall contribute to said Retirement System the contributions detenmined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 15. 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. 16. 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. 17. 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. , Thi~ amendment shall be effective on the day of .' ., BOARD OFAB.lyIINISTRATION PUBLIC EMPL.OYl;ES' RETIREMENT SYSTEM ''"- ~ .j', " CITY COUNCIL CITY OF SAN BERNARDINO " ...,/ \.. (. ,,' ,.~ BY ~L;:-}/ .1 DARRYL WATSON, CHIEF);',_ CUSTOMER ACCOUNT srnyrc,ES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM . BY.. PRE~ID!NG OFFICER '~"., - -~ ,~, .-. . c '>') , L. " Witness Date . " ...... '~. Attest: Clerk AMENDMENT ER#61 PERS-CON-702A CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AGtuaria: and Employer ServiGes BranGh PubliG AgenGY ContraGt ServiGes (888) CalPERS (225-7377) SUMMARY OF MAJOR PROVISIONS 2% @ 55 Formula (SeGtion 21354) LOGal MisGellaneous Members SERVICE RETIREMENT To be eligible for serviGe retirement, a member must be at least age 50 and have five years of CalPERS Gredited serviGe. There is no Gompulsory retirement age. The monthly retirement allowanGe is determined by age at retirement, years of serviGe Gredit and final Gompensation. The basiG benefit is 2% of final Gompensation for eaGh year of Gredited serviGe upon retirement at age 55. If retirement is earlier than age 55, the perGentage of final Gompensation deGreases for eaGh quarter year of attained age to 1.426% at age 50. If retirement is deferred beyond age 55, the perGentage of final Gompensation in Greases for eaGh quarter year of attained age to 2.418% at age 63. Final Gompensation is the average monthly pay rate during the last GonseGUtive 36 months of employment, or 12 months if provided by the employer's GontraGt, unless the member designates a different period of 36 or 12 GonseGutive months when the average pay rate was higher. DISABILITY RETIREMENT Members substantially inGapaGitated from performing the usual duties for the position for his/her Gurrent employer, and from performing the usual duties of the position for other CalPERS Govered employers (induding State agenGies, SGhools, and 10Gal pUbliG agenGies), and where similar positions with these other employers with reasonably Gomparable in pay, benefits, and promotional opportunities are not available, would be eligible for disability retirement provided they have at least five yeans of serviGe credit. The monthly retirement allowance is 1.8% of final Gompensation for each year of serviGe. The maximum perGentage for members who have between 10.000 and 18.518 years of serviGe credit is one-third of their final compensation. If the member is eligible for service retirement the member will receive the highest allowance payable, serviGe 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 serviGe to a maximum benefit of 50% of final compensation. INDUSTRIAL DISABILITY RETIREMENT If provided by the employer's contract, members permanently incapaGitated 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 Gompensation 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 Gompensation. 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 eaGh year of current service to a maximum of six months). PERS.CON-SO (Rev. 1/05) 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 ODtional 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 the 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-L1VING 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% @ 55 formula contribute 7% 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-50 (Rev. 1/05)