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Home My WebLink AboutORD NO 2854ORDINANCE NO. 2854 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM RELATIVE TO PROVIDING PENSIONS FOR LOCAL SAFETY MEMBERS IN ACCORDANCE WITH SECTION 21252.01 OF THE CALIFORNIA GOVERNMENT CODE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. This ordinance is adopted pursuant to California Govern- ment 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 October 3, 1983, is attached hereto as Exhibit "A" and by this reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Bakersfield is empowered, and directed to execute said amendment behalf of the Council of the City of Bakersfield. SECTION 3. This ordinance shall be posted in accordance with City Charter provisions and shall become effective thirty (30) days from and after its passage. hereby authorized, for and on .......... 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 6th day of July , 19_~, by the following vote: CZT¥ CLERK and Ex ~fficio Cl~e~k-' of the Council of the city of Bakersfield APPROVED this 6th day of July , 1983 -? f the City of Bakersfield APPROVED as to Form: C T~OR~o~'fhe C-~ty of Bakersfield AJS/bl 2. 6/l/83 AMENDMENT TO CONTRACT BETI~EN THE BOARD OF ~J~M!NiSTRATION PUBLIC EMPLOYEES' RETIRE.~NT SYSTEM A~D THE CITY COUNCIL , The BJard of Adm~ni=tration, ~d'~oye..~ Retirement System, herein- hereinartec cefevred to as Public Agency, havin~ed into ~ contract effec- tivt, ;,ugast 1, 1944, and witnessed ~uly 17, 1944, ~d as ~ended effective January 1, ~950, November 1, 1957, October 1, 1958, ~pril 1, ~965, October 1, 1967, 0anus~ ~, ~q71, J~e 26, 1972, J~ua~ 22, 1973, M~ 23, 1975, September 19, 1973, April 24, ~974, aanu~c~ 1, 1977, September 25, ]978, and March 23, 1979, which provides for participation of Public Agency in said System, Board and Pub!Jr Agency h,~reby agree as follows: Paragraphs 1 throagh 11 are hereby stricken from said eontract as executed eff~,Pt[ve MaPch 2~',, 1979, .and hereby replaced by the following paragraphs numb.:r~.d 1 through 13 inclusive: AI'I words and terms used heroin which are defined in the Public Employ- e~,s' liaziroment Law shall have the meaning as defineJ therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 50 for local safety members. Public Ay, uncy :~hall participale 5n ~he Public Employees' Retirement System f£om and after August 1, 15344 making 5rs employees as herein- aft,or provided, members of said System subject to all provisions of the Puh]ie Employees' Retirement Law except such as apply only on election of a contractiag age-nor and are not pro,ideal For herein aud to all amendments to said Law }~ereafter enacted except such as by e):press provisions thereof apply only on the election of contracting agencies. ??~pLoyet~a of Public Agency in the following classes shall become mere~ bors of said Retirem~nt Systam except such in each such class as are excluded by law or this agreement: a. LoPal Firemen (herein rc~fcrred to as local safety members); b. Lob:a] Ps]icemen (herein referred to as local safety members); Emp]oyt~(!s other than local safety members (herein referred to as ]oc~] miscellaneous members). EXHIBIT A In addition to the classes of employees e.¢oluded from membership by said Retires~ Law, the following classes of employees shall not become membe~aid Retirement System: oO TH~SE IN }~MPLOY~NT ~ACT DATE WHO WAIVED RIGHTS UND~ THE LOCAL SYSTEM; AND b. SCHOOL CRO~StNG GUARDS AND POLICE C~,HI~D 0N OR AFTER FEBRUARY 1, 1974. Prior to January 1, 19'75, 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/o~ ~1 ~ployeea are excluded from PERS membership subsequent to January 1, ~975. Assets heretofore accumulated with respec~ to members in the local retirement system have been transferred to the Public Employees' Retirement ,%ystem and ~ppl[ed against the liability fer prior service ~ncurred t}mr~,under. That po~'tJon of the assets so transferred repre- senting the accumuluted contributions (plus interest thereupon) re- quired of the employees under said local ~ystem has been credited to the ~ndiv~dual membership sccuunt of each such employee under the Pub] [c Employees' Retirement [;ystem. The: fraction of final compensation to be provided for each year of crt~dLted pt:Yet and current se:~vice as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). The fraction cf fi,~al ooupensati~n to he p~'ovided £o~ ~ach y~ar 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). ?he following additional provisions of the Public Employe~s' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency an{! its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Section 21361.5 (Local System Service Credit) for local fire members only. Sections 21263/21263.1 (Post-retirement survivor allowance) for local safety members only. 21bS2.2 [~'I~sed 195' ourvivors benefits). member~; as defined pursuant to Goad;at Code Section 21222.6). g. SectiOn 21222.85 (Special ?~-151~ increase to pre--Irl-74 retirees). h. Section 20024.2 (One-y~'sr final compensation). Public A?~sncy, in accordance with Section 207~0, Gove]~mment Code, ceased to he an "employer" for purposes of Chapter 6 of the Public Employees' Eetirement Law effective on January I, 1977- Acc~ulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and ~ccumulated contributions as of th,. eforemertt~oned date and contri- butions th~r~q~fter made shall be held t~y thn Board as provided in [~e~!,[on PO'/Sq, Coyernest Cod,). 11. Public A~;ency shall contribute to said Retirement System as follows: With respect to m[:~cL'llaueous membern, th~ ngency shall contri- bute the following percentages of monthly salaries earned as mis- cellaneous members of sa:id Retirement System: 14.974 percent until June ~0, 2000 on account of the ].iability fo:r current servic,~ benefits. With resp*ct to local safety members, the agency shall contribute the following percentages of monthly salarJe~ e~rned as loc'~l safety members of said Retirement System: 'J.160 perc,-~nt until Juuc 30, 2002 on at:count of the ]Jabjl±ty for prior service b~.mefits. (2) ??,.1~5 j.~rcr, nt until June 30, 2000 on act;ount of the ]JohJlJty for current service benefits. A ressonsble amount, as fixe~ by the Board, payable in one instal- lment within 60 deys of date of contract to cover the costs of ad- ministy:ring said [;ystem ns it affects the employees of Public Ag- ency, not including the costs of spnci']l valuations or of the per- iodic Jnve~;tigstion and ¥aluations required by law. A r(asonab]e amount as fixed by the Board, payable in one instal- lment ~s the eccauionc arise, to cover the costs of special valus- tio~s en account of employees of Fublic Agency, and costs of the p~,rlo(tic Jnv~.slig~t!on a~,d valuations required by 12. Contributions requzr~:~ of Public Agency t~nd ~ts employees shall be sub- ject to adjustment by Board on account of amendments to the Public Em- ployees' Rrtirement Law, and on account of the experience under the Re- tircment System as determined by the periodic investigation and valua- tion required by said Retirement Law. Co~]tributions required of Public Agency as~ its employees shall be paid by Public Agency to tbu Retirement System within thirty days af- ter the end of tha 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 wiH] subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the 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. This amendment shall be attached to said co~tract and shall be effective on the 3r(1 .___day of October , 192k W~tness our hands day of , 19__/ BOARD OF ADMINISTRATION PUBLIC E~LOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF BAKERSFIELD CARL J. BLECHING.Z, EXECUTIV~r~ '~Presiding Officer ~Attest: Approved as to form: Margaret J~oehn,~egal Office, clerk PERS CON-702 Aff auil of osl ng ( r iaan ea STATE OF CALIFORNIA, ~ County of Kern ~ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oR ........................................~.~..1..~...._~ .................................................................,19...8.3.. he 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 ........................J. al~z.....6 ....................................................19.&g..., which ordinance was numbere&.__.2S.5.4 .....................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF ~ttE CITY OF BAKERSFIELD AUTHORIZING A~END~ENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES" RETIREMENT SYSTEM RELATIVE TO PROVIDING PENSIONS FOR LOCAL SAFETY MEMBERS IN ACCORDANCE WITH SECTION 2152,01 OF THE CALIFORNIA C~VERNMENT CODE. C~ty Clerk Subscribed and sworn to before me this 7th dnv.¢ July ~_q 83