HomeMy WebLinkAboutRES NO 068-02 068-02
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF BAKERSFIELD
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21354.3 (3% @ 60 Full formula) for
local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement. System, a .copy of said amendment being
attached hereto, as an "Exhibit and~by ' referen~~~~Tade a p ~e f.
Presiding Officer //
MAY 8 2002
Date adopted and approved
(Amendment)
CON-302 (Rev, 4/96)
HARVEY L HALL, HAYOR
Title
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting hereof held on
MAY 8 ~OOZ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER SALVAGGIO, CARSON, BENHAM, MAGGARD, COUCH, HANSON,,~U6L'{~N
COUNCILMEMBER ~',,.~0 N~
COUNCILMEMBER ~ ON~.-
COUNCILMEMBER ~l--L.-i ~[
CITY CLERK and Ex Offici~{~lerk of the Council
Of the City of Bakersfield
APPROVED
MAY 8 2~,,~,
HARV~L'H~LL ' /
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
CalPERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Bakersfield
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 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, April 15, 1993, February 20, 1995, February
19, 1997, November 20, 1999 and May 25, 2001 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs 1 through 15 are hereby stricken from said contract as executed effective
May 25, 2002, and hereby replaced by the following paragraphs numbered 1 through
15 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 60 for local
miscellaneous members and age 50 for local safety members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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:
a. Local Fire Fighters (herein referred to as local safety members);
b. 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 LOCAL SYSTEM; AND
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 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.
Assets heretofore accumulated with respect to members under the local
retirement system who waived their rights under that system have been
transferred to the Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder. That portion of assets so
transferred which represent the accumulated contributions (plus interest
thereof) required of the employees under said local system have been credited
to the individual membership account of each such employee under the Public
Employees' Retirement System.
ORIGltW
PLEASE DO NOT SIGN "EXHIBIT ONLY"
10.
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 21354.3 of said Retirement Law (3% at age 60 Full).
[Note that future legislative proposals are being considered. One
proposal could amend the 3% at 60 benefit formula under Government
Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula
under Section 21354.5 between the ages of 50 and 55. Another proposal
being considered could amend Government Code Section 21354.3 to
make the 3% @ 60 formula applicable to both active and inactive members
who have not yet retired. If enacted, this amendment could have an effect
on your agency's actuarial valuation and employer contribution rates in
future years.]
The percentage of final compensation to be provided for each year of credited
prior and current service as a local police member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in
accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
Public Agency elected and elects to be subject to the following optional
provisions:
Section 21536 (Local System Service Credit Included in Basic Death
Benefit) for local fire members only.
Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for
local safety members only.
c. Section 21571 (Basic Level of 1959 Survivor Benefits).
Section 21222.1 (One-Time 5% Increase - 1970). 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.
Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous
Members Who Retired or Died Prior to January 1, 1974). Legislation
repealed said Section effective January 1,2002.
g. Section 20042 (One-Year Final Compensation).
~RIGINA[
PLEASE DO NOT SIGN "EXHIBIT ONLY"
11.
12.
h. Section 20903 (Two Years Additional Service Credit).
repealed said Section effective January 1, 1999.
i. Section 21574 (Fourth Level of 1959 Survivor Benefits).
Legislation
Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
Public Agency, in accordance with Government Code Section 20790, ceased to
be an "employer" for purposes of Section 20834 effective on January 1, 1977.
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.
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.
13. Public Agency shall also contribute to said Retirement System as follows:
14.
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 safety 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.
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.
15.
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'on the
BOARD OF ADMINISTRATION__
PUBLIC EMPLOYEES' RETIREI~NT SYSTEM
BY
day of
CITY COUNCIL
CITY OF BAKERSFIELD
BY ,~x
KENNETH W. MARZI~HIEF PRESIDING OFFICE~ '
ACTUARIAL & EMP~,.OYER SERVICES DIVISION ," '""
PUBLIC EMPLOY,~,J~' RETIREMENT SYSTEM
Witnes~t~
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
ORIGINA~