HomeMy WebLinkAboutORD NO 3625O IN CE NO.6 2 $
AN ORDINANCE OF THE COUNCIL AUTHORIZING
AMENDMENT TO THE CONTRACT WITH THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM PROVIDING SECTION
21382.4 (THIRD LEVEL OF 1959 SURVIVOR)
BENEFITS FOR LOCAL MISCE?.?.ANEOUS MEMBERS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
This Ordinance is adopted pursuant to California Government
Code Section 20460 and hereby authorizes an amendment to the
contract between the City Council of the City of Bakersfield and
the Board of Administration of the California Public Employees'
Retirement System, a copy of which amendment to be effective
February 20, 1995, is attached hereto as Exhibit "A" and by such
reference made a part hereof as though herein set out in full.
SECTION 2.
The mayor of the City of Bakersfield is hereby authorized,
empowered, and directed to execute said amendment for and on behalf
of the Council of the City of Bakersfield.
SECTION 3.
This Ordinance shall be posted in accordance with provisions
of the City Charter and shall become effective thirty (30) days
from and after the date of its passage.
.......... ooo ..........
- Page 1 of two pages -
ORfG;NA~ ~
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN ! i~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, ..... , SLAVAGGIO
NOES: COUNCILMEMBER ~ ~
ABSTAIN: COUNCILMEMBER '~ n~
ABSENT: COUNCILMEMBER ~fk fi ~l~c
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED JAN !
BOB PRICE
MAYOR
APPROVED AS TO FORM:
JUDY K, SKOUSEN
City Attorney
Attachment: Exhibit "A"
- Page 2 of two pages
ORIGINAL
~ITY OF BAKERSFIELD
Agreement No. 9 ~- '
Approved I'11:~ I ~1 ~
AMENDMENT TO CONTRACT
BETWEEN TH~-
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTE~4
AND THE
CITY COUNCI'L
OF THE
CITY OF BAKERSFIELD
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 August 1, 1944, and witnessed
July 17, 1944, and as amended effective January 1, 1950, November
1, 1957, October 1, 1958, April 1, 1965, October 1, 1967, January
1, 1971, June 26, 1972, January 22, 1973, May 23, 1973, September
19, 1973, April 24, 1974, January 1, 1977, September 25, 1978,
March 23, 1979, October 3, 1983, June 6, 1992 and April 15, 1993,
which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
Paragraphs 1 through 14 are hereby stricken from said contract
as executed effective April 15, 1993, and hereby replaced by
the following paragraphs numbered 1 through 14 inclusive:
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 50 for local safety
members.
Public Agency shall participate in the Public Employees'
Retirement System from and after August 1, 1944, 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.
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:
EXHIBIT "A" (page 1 of 5)
OR;~J?~AL
a. Local Fire Fighters (herein referred to as local
safety members);
Local Police Officers (herein referred to as local
safety members);
Employees other than local safety members (herein
referred to as local miscellaneous members).
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:
EXCLUDE ALL FIREMEN EMPLOYED ON OR PRIOR TO JUNE
26, 1972 EXCEPT THOSE IN EMPLOYMENT ON CONTRACT
DATE WHO WAIVED RIGHTS UNDER THE LOCAL SYSTEM; AND
b. SCHOOL CROSSING GUARDS AND POLICE CADETS HIRED ON
OR AFTER FEBRUARY 1, 1974.
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 1, 1975. Legislation
repealed and replaced said Section with Government Code
Section 20334 effective July 1, 1944.
Assets heretofore accumulated with respect to members in
the local retirement system have been transferred to the
Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder.
That portion of the assets so transferred which represent
the accumulated contributions (plus interest thereof)
required of the employees under said local system has
been credited to the individual membership account of
each such employee under the Public Employees' Retirement
System.
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 21251.132 of said Retirement Law
(2% at age 55 Full).
EXHIBIT "A"
(page 2 of 5)
OR:Gh',]AL
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 21252.01 of said Retirement Law (2% at age
50 Full).
Public Agency elected and elects to be subject to the
following optional provisions:
10.
Section 21361.5 (Local System Service Credit
Included in Basic Death Benefit) for local fire
members only.
de
Sections 21263 and 21263.1 (Post-Retirement
Survivor Allowance) for local safety members only.
Section 21382 (Basic Level of 1959 Survivor
Benefits) pursuant to Article 6 (commencing with
Section 21380) for local safety members only.
Section 21222.1 (Special 5% Increase - 1970).
Legislation repealed said Section effective January
1, 1980.
Section 21222.6 (Special 15% Increase for Local
Miscellaneous Members).
Section 21222.85 (Special 3% - 15% Increase) for or
on behalf of those local miscellaneous members and
local safety members who retired or died prior to
January 1, 1974.
g. Section 20024.2
h. Section 20818
Credit).
(One-Year Final Compensation).
(Two-Years Additional Service
Section 21382.4 (Third Level of 1959 Survivor
Benefits) pursuant to Article 6 (commencing with
Section 21380) for local miscellaneous members
only.
Public Agency, in accordance with Government Code Section
20740, ceased to be an "employer" for purposes of Section
20759 effective on January 1, 1977. 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.
EXHIBIT "A" (page 3 of 5)
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:
Public Agency shall contribute $2.00 per member,
per month on account of the liability for the 1959
Survivor Benefits provided under Section 21382.4 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.
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.
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.
This amendment shall be effective on the 20th day of February,
1995.
EXHIBIT "A" (page 4 of 5)
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"City"
CITY OF BAKERSFIELD
By p~ BOB
Mayor
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
MICHAEL O. Jr..FOI%D
Deputy City Attorney
COUNTERS IGNED:
APPROVED as to content:
Department Head
*'BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT
SYSTEM"
By
Title
EXHIBIT "A"
(page 5 of 5)
CONTRACT AMENDMENT COST ANALYSIS
DATE: October 26, 1994
EMPLOYER #0036 MEMBER CATEGORY: MISCELLANEOUS
EMPLOYER NAME: CITY OF BAKERSFIELD
Description of benefit being costed:
SECTION 21382.4 THIRD LEVEL 1959 SURVIVOR BENEFITS (FOR
LOCAL MISCELLANEOUSMEMBEr~)
Funding for the Third Level of 1959 Survivor Benefits
the pooled experience of all participating agencies
individual agency experience.
is based on
rather than
This categoryhas a projected surplus of assets for the Third Level
of the 1959 Survivor Benefit amounting to $1,134,634.00. This
surplus will be used to pay the employer cost for the Third Level.
If the surplus is reduced to an amount which is less than two years
of projected employer contributions, the balance of the surplus
will be transferred to the employer's current service reserve.
$2.00
EMi~LOk~u~ COST
per covered member per month (billed annually)
commencinq with the amendment effective date
$2.00
EMPLOYEE COST
per month ($.93 bi-weekly)
[Surplus projected to be enough for
25 years for miscellaneous category]
SLrRPLUS.CON
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 13th day of January, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3625, passed by the
Bakersfield City Council at a meeting held on the 11th day of
January, 1995, and entitled:
ORDINANCE OF THE COUNCIL AUTHORIZINGAMENDMENT
TO THE CONTRACT WITH THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEMPROVIDING SECTION
21382.4 (THIRD LEVEL OF 1959 SURVIVOR)
BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield