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HomeMy WebLinkAboutMC-14461 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC -1446 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1. That an amendment to the contract between the Mayor and City Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full. Section 2. The City Manager of the City of San Bernardino, California is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said City. Section 3. This Ordinance shall take effect on June 30, 2017. Prior to the expiration of 15 days from the date of final adoption thereof, the ordinance shall be published at least two (2) separate times in the San Bernardino County Sun Newspaper, a newspaper of general circulation, published and circulated in the County of San Bernardino. Upon expiration of the time periods and completion of the publication requirements listed above, thenceforth and thereafter the ordinance shall be in full force and effect. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 15th day of May 2017, by the following vote, to wit: Couneil Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X(S) BARRIOS X VALDIVIA X SHORETT X NICKEL X RICHARD X MULVIHILL X(M) L Georgeaai Hanna, C, City Clerk The foregoing Ordinance is hereby approved this /J ^day of 2017. R. Carey Dav' , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney (� By:A N i CAPERS California Public Employees' Retirement System 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, September 1, 2011 and October 4, 2011 which provides for participation of Public Agency in said System; Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective October 4, 2011, and hereby replaced by the following paragraphs numbered 1 through 20 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 classic local miscellaneous members and age 62 for new local miscellaneous members; age 50 for classic local safety members entering membership in the safety classification on or prior to September 1, 2011, age 55 for classic local safety members entering membership for the first time in the safety classification after September 1, 2011, age 57 for new 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. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS 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) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas (c) Public Agency's agreement with a third party other than CaIPERS 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. 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 classic 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). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment on or after January 1, 2008 and not entering membership for the first time in the miscellaneous classification after October 4, 2011 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 classic local miscellaneous'member entering membership for the first time with this agency in the miscellaneous classification after October 4, 2011 shall be determined in accordance with Section 21354 of said Retirement Law (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 new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full). 11. The percentage of final compensation to be provided 'for each year of credited prior and current service as a local classic 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). 12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time with this agency 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). 13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local fire member and a new local police member entering membership on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full). 14. The percentage of final compensation to be provided -for each year of credited prior and current service as a new local police member entering membership for the first time with this agency in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 7522.25(c) of said Retirement Law (2.5% at age 57 Full). 15. 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) for classic miscellaneous members and classic safety members only 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. 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. Section 21635 (Post -Retirement Survivor Allowance to Continue After Remarriage) for local fire members only. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to classic local safet y members entering membership for the first time with this agency in the safety classification after September 1, 2011. Section 20475 (Different Level of Benefits). Section 21354 (2% @ 55 Full formula) is applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after October 4, 2011. Section 20475 (Different Level of Benefits): Section 7522.25(c) (2.5% @ .57 Full formula) is applicable to new local police members entering membership for the first time with this agency in the police classification after the effective date of this amendment to contract. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 an1d15 thhe Board. T � V� B. This amendment shall be effective on the day of ,Zoll BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN BERNARDINO BY ARNITA PAIGE, CHIEF PENSION CONTRACTS AND PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS ID #6652305580 PERS-CON-702A BY PRESIDING OFFICER A1AjJWK+ 21 201"1 Witnegs Date Attest: c d'17A lztf� Clerk I