HomeMy WebLinkAbout10- Personnel CITE OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: EDWARD S. RAYA Subject: AN ORDINANCE . . . AUTHORIZING AN AMEND-
MENT TO THE CONTRACT BETWEEN THE BOARD OF
t: PERSONNEL ADMINISTRATION OF THE PUBLIC EMPLOYEES'
1(0 n RETIREMENT SYSTEM AND THE CITY OF SAN
Date: APRIL 23, 1998 Lrr— BERNARDINO
Synopsis of Previous Council Action:
On April 20, 1998, the Mayor and Common Council approved a resolution of the Mayor and
Common Council of the City of San Bernardino expressing its intention to approve an
amendment to contact between the Board of Administration of the Public Employees' Retirement
System and the City of San Bernardino.
Recommended Motion:
Motion: That said ordinance be laid over.
Signature
Contact person: Edward S Raya Phone: 384-5161
Supporting data attached: Yes - Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
—ouncil Notes:
r
Agenda Item No
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On April 20, 1998, the Mayor and Common Council approved a resolution of the Mayor and
Common Council of the City of San Bernardino expressing its intention to approve an
amendment to contact between the Board of Administration of the Public Employees' Retirement
System and the City of San Bernardino to pay the employer contribution for the 4th Level of
1959 Survivors' Benefit for all miscellaneous employees (General, Middle-Management and
Management/Confidential units).
COSTING
The cost to the City will be $3.50 per month per each employee electing to be covered by this
benefit. These costs were part of MOU negotiations that were approved by the Mayor and
Common Council; the costs have already been included in the FY 97-98 budget and projections
for FY 98-99.
RECONEVIENDATION
• That said ordinance be laid over.
�I
1 ORDINANCE NO.
2!I
3I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
4 THE PUBLIC EMPLOYEES' REI MVIEW SYSTEM AND THE CITY OF SAN
BERNARDINO.
5
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
8 SECTION 1. The Mayor is hereby authorized and directed to approve an amendment
9 to the contract between the City of San Bernardino and the Board of Administration of the
10
California Public Employees' Retirement System. A copy of said amendment is attached hereto
11
12 as Exhibit "A" and by such reference made a part hereof as though herein set out in full.
13 SECTION 2. The authorization to execute the above-referenced amendment to Contract
14 is rescinded if the parties to the Contract fail to execute it within sixty (60) days of the passage
16 of this Ordinance.
1611 If
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1
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
3 THE PUBLIC EMPLOYEES' SYSTEM AND THE CITY OF SAN
BERNARDINO.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 1998, by the following vote, to wit:
8
g COUNC112dams AYES NAYS ABSENT AMAIN
10 ESTRADA
11 LIEN
12 ARIAS
13 SCHNETZ
14
15 DEVLIN
16 ANDERSON
17 MILLER
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
21 1998.
22 Judith Valles, Mayor
23 Approved as to City of San Bernardino
24 form and legal content:
25 JAMES F. PENMAN
26 City �7orney
27 By:
28
2
i
EXHIBIT A
kN ENDIN ENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC E,NIPLOYEES' 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, May 27, 1985,
September 16, 1988, August 27, 1990, August 1, 1996, July 3, 1997 and January 1, 1998 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 1, 1998, and hereby replaced by the following paragraphs numbered 1 through 13
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 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);
rUrASE DO IN:G SIG ` "iAIBI ONLY"
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;
E RECREATION INTERNS;
g. RECREATION AIDES;
h. RECREATION LEADERS;
L SENIOR RECREATION LEADERS;
i. RECREATION SPECIALIST;
k. LOCKER ATTENDANTS;
1. 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. 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.
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 21353 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-Retirement Survivor Allowance).
b. Section 21222.1 (Special 5% Increase-1970). Legislation repealed said
Section effective January 1. 1980.
C. Section 20042 (One-Year Final Compensation).
- CASE DO NOT SlGfi EArlidl 1 ONLY
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 1, 1980.
f. Section 21319 (Special 15%Increase 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
miscellaneous members only.
i. Section 21635 (Post-Retirement Survivor Allowance to Continue After
Remarriage)for local fire members only.
j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous 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 follows:
a. Per covered member, SO 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. Per covered member, $3.50 per month on account of the liability for 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
rhembers.
C. 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.
d. 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 a day of 19
BOARD OF ADMINISTRATION �O CITY COUNCIL ��
PUBLIC EMPLOYEES' RETIRE C SYSTENf OF THE
.�, CITY OF SAN BER14 INO
BY BY
KENNETH W- ,N,1ARZION-'.;ttHEF PRESIDING QWCER
ACTUARIAL & EMPL6R SERVICES DIVISION �..
PUBLIC EMPLOYE�� - TIREMENT SYSTEM
6,-
Witngp-Date
Attest:
Clerk
AMENDMENT
PERS-CON-7014(Rev.8196)
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
of the
(governing body)
(public agency)
on
(date)
Clerk/Secretary
Title
PERS-CON-12
CALIFORNIA PUBLIC EMPLOYEES' RETIREIMNT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916)326-3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code the future annual
costs as determined by the System Actuary and/or the increase in retirement benefit(s)have been
made public at a public meeting of the
(governing body)
of the
(public agency)
on which is at least two weeks prior to the adoption of the
(date)
Resolution/Ordinance.
Clerk/Secretary
Title
Date
P£RS-CON-12A(rev. li%)
AGREEMENT
TO POOL
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
WHEREAS, Government Code Section 21574 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contracting agencies electing to include the provision of said Section
in their contracts;and
WHEREAS, Government Code Section 21 574,requires pooling of all assets and liabilities of all
contracting agencies subject to said Section;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of San Bernardino
and its covered employees shall be pooled pursuant to the provisions of
Government Code Section 21574.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SAN BERNARDINO
BY BY
NTH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date
PERS-CON-59(Rev.71%)
AGREEIIENT
TO POOL
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMMNISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
WHEREAS, Government Code Section 21574 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contacting agencies electing to include the provision of said Section
in their contracts;and
WHEREAS, Government Code Section 21574,requires pooling of all assets and liabilities of all
contracting agencies subject to said Section;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of San Bernardino
and its covered employees shall be pooled pursuant to the provisions of
Government Code Section 21574.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SAN BERNARDINO
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date
PERS-CON-59(Rev.7196)