HomeMy WebLinkAboutORD NO 2010 ORDINANCE NO. 2010 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AUTHORIZING AMENDMENT, TO
INCLUDE FIREMEN, TO THE CONTRACT BETWEEN
CITY OF BAKERSFIELD AND CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND DIRECTING
MAYOR TO EXECUTE ON BEHALF OF CITY.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That: a Contract between the City Council of the City of
Bakersfield and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said
Contract being attached ~hereto, marked "Exhibit ~', and by such
reference made a part hereof as though herein set out in full.
SECTION 2.
That the Mayor of the City of Bakersfield is hereby authorized,
empowered, and directed to execute said Contract for and on behalf
of the City of Bakersfield.
SECTION 3.
This ordinance shall become effective thirty days from and
after the date of its passage.
o0o
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 the 15th day of May , 1972,
by the following vote:
AYES: COUNCIl. MEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE
NOES:
COUNCILMEN:
ABSENT COUNC!LM*~N: ~'J ~,c~.~ ~ :
CITY CLERK and Ex-Officio Clerk of the
Council of the City of Bakersfield
APPROVED this !Sth/day of May , ]L972
/'~ JJ/L~, ~7~e/~A'j~ ./~
MAYOR~i~ ~.~it-~ of Bakersfield
APPROVED:
CITY A~ORNEY
"Exhibit A"
AMEND~T TO CONTRACT BET~fK.EN THE
BOARD OF AD~INISTRATION
PUBLIC E~LOYEES' RETIRE~ENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF BAKERSFIELD
The Board of Administration, Public Employees, Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OF BAKERSFIELD, hereinafter
referred to as Public Agency, having entered into a contract under date of July 17,
19~J., effective J~ly l, 19~4, and as amended effective January l, 1950, November l,
1957) October l, 1958, April l, 1965, October l, 1967, and January l, 1971, and as
provided by Chapter 170, Statutes of 1971,'which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs i through ll are hereby stricken from said contract as executed
· effective July l, 19~+, and are hereby replaced by the following paragraphs
numbered i through ll 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 other~ise
specifically provided. ':Normal retirement age" shall mean age 60 for
miscellaneous members and age 55 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July l, 19~, making its employees as herein-
after provided, members of said system subject to ali 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 such as by
express provision thereof apply only on the election of contracting
agencies.
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 policemen (herein referred to as local safety members);
b. Local firemen (herein referred to as local safety members);
c. ~ployees other than local firemen and local policemen (herein
referred to as miscellaneous members).
The follow,lng employees shall be excluded from membership in said
Retirement System:
EXCLUDE ALL FIRE~.N F2~PI~DTED ON OR PRIOR TO CONTRACT
DATE EXCEPT THOSE IN E~°LOYMENT ON COntRACT DATE WHO
WAIVED RIC~rrs UNDE~ T~ LOCAL SYSTEM.
EXCLUDE PERSONS CO~ENSATED ON AN HOURLY BASIS V~0
ENTER SUCH E~.~PLO~G¥~r ON OR AFTER APRIL l, 1965.
Ret. Form 702-1
~. Assets heretofore accumulated with respect to members in ·the locz~l·
Bakersfield ~Fire Department Disability and Retirement .System who be-
come. members of the Public Employees' Retirement System~under this
contract shall be transfer.red to tho Public. Employees' Retirement
System within 60 days after the effective date of this contract and
applied against the liability for prior service incurred hereunder.
That portion of the assets so transferred which represents the
accumulated contributions (plus interest thereupon) required of the
employees under said local system shal~l be credited to the individual
membership account of each such employee under the Public Employees'
Retirement System.
5. The fraction of final compensation to be provided for each year of
'~ ~· credited prior and current service as a miscellaneous member upon
retirement at normal retirement age shall be 1/50 and shall be ap-
plied'as provided in Section 21251.1~ of said Retirement Law.
~ 6. The fraction of final compensation to be provided for each year of
~· credited prior and current service as a local safety member shall
be det'ermined in accordance with Section 21252.1 of~ Said ~etirement
~ ,
7- Contributions for miscellaneous an~ safety members` sha~l be ·subject
to Sections 20603 and 20602 respectively, of~ said Retirement Law.
8. The follo~,~ng additional provisions of the Public Employees' Retire-
ment Law which apply only upon election ~of a contracting agency shall
apply to the ~Public Agency and its employees:
a. Section 20952.5 (providing for age 50 as the minimum VOluntary
retirement age for local safety members with benefit payments
commencing prior to age 55 subject to actuarial discount).
b. 'Section 21~61.5 (Providing that years of service rendered as a
member of the Bakersfield Fire Department Disability and Retire-
ment System ·prior to the effective date of this amendment to con-
tract shall be included in the computation of the basic death
~ ~· benefit' provided in Section 21361 Upon the death of any member
who was also member of said Local System).
c. ·Section ~2126A (providing upon death of'a local safety member
who retired for service or industrial disability for the con-
tinuation of one-half the retirement allowance to certain ~sur-
vivors).
9. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the public agency shall
contribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) O.11 percent uhtil June 30, 1980 on account of the liability
for prior service benefits.
~?~ ~' (2) 7.65 percent on account of the liability for current service
· benefits said percentage being f~xed by Section 20750 of the
Retirement Law.
Ret. For~ 702~2
b. With respect to local safety m~.~mbers, the ~ublic agency shall
contribute the following percentages of monthly salaries earned
as local safety members of said System:
(1) 1.570 percent until June 30, 2002 on account of the liability
for prior service benefits, less O.110% of total salaries
paid to members for each $100,O00 of assets transferred to
the Public Employees' Retirement System to the extent such
transferred assets exceed the accumulated local system con-
tributions of members transferred under Paragraph &.
(2) 12.&03 percent on account of the liability for current
service benefits.
c. A reasonable amount per annum, as fixed by Board to cover the
· costs of administering said System as it affects the employees
of Public Agency, not including the costs' of special valuations
or the periodical investigations and valuation required by law,
provided that said amount shall be determined on the basis of
. the number of employees of Public Agency who are~ reported as
~' '~ members On a payroll designated by the System covering one month
of each year, or with respect to the first~year of participation,
'on the effective date'of said participation~ :
d. A reasonable 'amount as fixed by the Board, payable in one install-
ment as the occasions arise, to cover costs of special valuations
on account of employees of Public Agency, and costs of the period-
ical investigation and valuation required by law.'
10. 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 experience' under the
Retirement System, as determined by the periodical investigation and
valuation required by said Retirement Law.
ll. Contributions req6ired of Public Agency and its employees shall be
paid'by Public Agency to the Retirement System within thirty days
after the end of the period to which said contributions refer. If
more or less than the correct amount of contribution is paid for any
period, proper adjustment shall be made in connection with subsequent
ren~ttances or adjustment on account of errors in contributions re-
quJ.red of any employee may be made by direct cash payments between
the employee and Board. Payments by Public Agency to Board may be
made in the form of warrants, bank checks, bank drafts, certified
checks, money orders, or cash.
B. This 8m~endment shall be effective on the day of
Witness our hands this ~day of .
BOARD OF ADI~NISTRATION CITY COUNCIL OF T~
PUBLIC ~MPLOYF~'., RETIREMENT SYSTF~ CITY OF BAKERSFIELD
..:... BY
BY -. Presiding Officer
William E. Pa2ne, Executive Officer
Attest:
Clerk
Ret ~ Form ?02~3 .... ~
Aff av ! of j ostmg r man es
STATE OF CALIFORNIA,~ ss.
County of Kern J
MARIAN S. IRVIN, 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 ................. .~...a:y......1...6. ..................................................... 19...7_2... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............. .M...a.y.....1...5. ..................................... 19..Z.2.., which ordinance
was numbered ........... .2...0...1..0.. ................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING AMENDMENT~ TO INCLUDE
FIREMEN~ TO THE CONTRACT BETWEEN CITY OF
BAKERSFIELD AND CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND DIRECTING MAYOR TO
EXECUTE ON BEHALF OF CITY.
· City Clerk ~ "
Subscribed and sworn to before me this
Notary Public in and for the County of Kern. State o~ California
~jJ k~.~,~j PRINCIPAL OFFICE ,IN Jt
~J ~11~if.J,,~~ KERN COUNTY Il
~L MY COMMISSION EXPIRES JUNE 9 1974 - JJ