HomeMy WebLinkAboutORD NO 3516EMERGENCY ORDINANCE NO. 3516
AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL AUTHORIZING AN AMENdMeNT TO
THE CONTRACT B~-',~ ','-~ BOARD OF
ADMINISTRATIO~ OF '~'~ PUBLIC
EMPLOYEE' S RETIREMENT SYST~ AND
THE CITY OF BAKEP~FI~T.n MAKING
GO~5~qT CODE SECTION 20818
APPLICABLE IN THE CITY OF
BAKERSFI~T.n FOR .£,w. PURPOSE OF
ENCOURAGING EARLY I~ETIREMENT OF
PERMANENT CITY E~PLOYEES
WHEREAS, the City of Bakersfield expects a substantial
revenue shortfall in fiscal year 1993-1994, and said shortfall
may only be met by a downsizing of operating departments which
will require the deletion of filled positions, causing the layoff
of permanent City employees, the City has determined to exercise
the provisions of Government Code section 20818 to mitigate,
where possible, the numbers of employees who must be laid off.
NOW, TwRWEF~RE, BE IT ORDAIR~u by the Council of the
City of Bakersfield as follows:
SECTION i
That an amendment to the contract between the City of
Bakersfield and the Board of Administration, 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 Mayor of the City of Bakersfield is hereby authorized,
empowered and directed to execute said amendment for and behalf
of said Agency.
SECTION 3
This emergency ordinance is necessary to provide for the
daily operation of municipal departments, and shall become
effective immediately upon its passage pursuant to the provisions
of Charter section 24 upon the basis of the following facts: the
City is experiencing a critical shortage of revenues necessary to
support essential City services. The adoption of the provisions
of said ordinance will result in the preservation of City
resources, reduce the impact of the budgetary shortfall on the
workforce and reduce curtailment of services.
.......... o0o ..........
ORIG;NAL
I H~RmY CERTIFY that the foregoing Emergency Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on APR ! 4 ~3 , by the
following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH. BRUNNI. KANE, McDERMOTT SALVAGGIO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS'
Council of the City of Bakersfield
APR 1 4 ~
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
of the City of Bakersfield
L~:~
O~CE\HA~r~HAKE
4/5/93
2
ORIGINAL
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF BAKERSFIELD
CITY OF BAKERSFIELD
AGREEMEN~ NO. 93-77
APPROVED 4/14/93
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, $anuary 22, 1973, May 23, 1973, September 19, 1973, April 24, 1974, January 1, 1977,
September 25, 1978, March 23, 1979, October 3, 1983 and June 6, 1992. which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs I through 14 are hereby stricken from said contract as executed effective June 6,
1992, and hereby replaced by the following paragraphs numbered I 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 an~endments 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 THE LOCAL SYSTEM; AND
SCHOOL CROSSING GUARDS AND POLICE CADETS HI.ON OR
APTER FEBRUARY 1, 1974. ~
10.
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.
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).
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 to be subject to tho following optional provisions:
Section 21361.5 (Local System Service Credit Included in Basic Death Benefit)
for local fire members only.
Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety
members only.
Co
Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits).
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).
fo
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 (One-Year Final Compensation).
h. Section 20818 (Two-Years Additional Service Credit).
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.
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:
A reasonable amount, ~ 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.
B. This amendment shall be effective on the 15th day of April
· 19 93 .
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF BAKERSFIELD
l~e/fdifi'g Officer --
~.~I~, Finance Director
APPROVED as to form:
SKOUSE~, Chief Assistant
\ City Attorney
PE.~S-CON-702 (AMENDMENT)
(Rev. 10/92)
Witness Date
Attest:
Clerk
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
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 15th day of April,
1993 she posted on the Bulletin Board at City Hall, a
and correct copy of the following: Ordinance No. 3516,
the Bakersfield City Council at a meeting held on the
April, 1993, and entitled:
full, true
passed by
14th day of
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield