The URL can be used to link to this page

Home My WebLink AboutORD NO 2480ORDINANCE NO. 2480 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND THE BOARD OF ADMIN- ISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. BE as follows: IT ORDAINED by the Council of the City of Bakersfield SECTION 1. That an amendment to the 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 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 on behalf of said Agency. SECTION 3. This ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Bakersfield Californian, a newspaper of general circulation, pub- lished and circulated in the City of Bakersfield and thenceforth and thereafter the same shall be in full force and effect. 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 21st day of February , 1979, by the following vote: $CEALES, ~ CITY ~RK~CiO Clerk of the Council of the of Bakersfield APPROVED this 21sty/daY of February , ~LA 0 C~ of Bakersfield 1979 APPROVED as to form: ./-~"~-~'~' "Z../ CITY ATTORNEY off'the City of Bakersfield AffiXave! of r uan es STATE OF CALIFORNIA, f County of Keru ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ..................................................~e.];).2.~l~.l~.y.._2.~. ..............................., 19.....7.~ he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .............................~..e...t2.~.~.g$?X.....~.~_ .............., 19...."~..~.., which ordinance was numbered. ..........2~8Q ...................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND THE BOARD OF ADMIN- ISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Subscribed and sworn to before me this ~..~.~.. day of ~.~ry ,1979 BOARD OF ~%DAI.,IS rRATION PUBLIC ~LOYEES ' CI~ OF B~FI~ ~e Board of A~inistration,' Public ~ployees' Retir~ent Syst~, herein- ~erred ~o as "Board", and ~he governing body of above public a~ency, ~e~nafger referred to as "Public Agency", ~vln~ entered in~o a contract date of July 17, 1944, effective Augus~ 1, 1944, and as ~ended ef[e~[ive Jan~ 1, 1950, :lov~ber 1, 19~7, October 1, 195~, April 1, 1965, ~Z~ber 1, 1967, Jaunty 1, 1971, June 26, 1972, January 22, 19~3, ~y 23, 1973, $epte~er 19, 1973, April 24, 1974, January 1, 1977, Sept~ber 25, 1978, provides for pargicipa~iou oi Public ~ency ~ said Sysco, Board and · ~lic A~ency hereby asree as follows: P&ragraphs 1 through 11 are hereby stricken from said contract as executed effective September 25, 1978, and hereby replaced by the follo~ring paragrapt~ number 1 throush ll inclusive: All ~ords and terms used herein which are defined in the Public ~ployees' Retirement Law shall have the meaning as defined therein · ,~less other%rise speciiically provided. "Nol~lal retirement age" shalt mean age 60 for miscellaneous members and age 55 for local ~afe~y members. Public Agency shall participate in the Public Employees'.Retirement System from and after August 1, 1944, making its employees as h~l~millafter provided, members of said System subject to all provisions of ~he Public Employees' Retirement La~ except such as apply only on ~e¢~ion of a contractin~ agency mid are not provided for herein ~d ~o all amendments to said Law hereafter enacted except such as by mxpress provisions thereof apply only on the election of contracting · sployees of Public A~ency in the following classes shall become ~berm of said Retirement System except such in each such class as are excluded by law or tb.is a~reemeut: &. ~ Firemen (herein referred to as loc~ safely members); b. ~ Policexen (herein referred to as local safety uembers); Employees other than local safety nenberu (herein ze/erred to as miscellaneous members). ~&ddition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not becom~ ~embers of said Retirement System: ~UDB ALL FIP. E/~i! EI~LOYED ON OR PRIORTO J-o/;E 26, 1972 THOSE IN ~LOY}~:~ ON CONTRACT DATE WltO WAIVED RIGHTS ~R~DERTRE LOCAL SYSTEM. ~0II-702-1 ~XCLUDE ALL PERSONS ~.E~LOYEO AS "SCHOOL CROSSING GUARDS" AND ALL PERSONS HfPLOYED AS "POLICE CADETS" %CHO ARE HIRBD ON OR AFTI 'EBRUARY 1, 1974. Aase~s heretofore accum'ulated with respect to members in the local Retirement System upon contract date who waived their rights under that system shall be transferred to the Public Employees' Retirement System upon the effective date of this contract and applied against the liability for prior service incurred hereunder. That portion of ~he assets so transferred which represents the accumulated contributions (plus interest thereupon) required of the employees under said local system shall be credited to the individual membership account of each such employee under the Public Employees' Retirement System. · he fraction of final compensation to be provided for each year of ~redited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). The fraction of final compensation to be provided for each year of ~redited prior and current service as a safety member'shall be determined in accordance with Section 21252.6 of said Retirement Law (2~ at 55). · he following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: Section 20952.5 (providing for age 50 as the minimum voluntary ~etirement aSe for local safety members, with benefit payments ~o~encing prior to age 55 subject ~o acttmrial discount). Section 21361.5 (providing that years of service rendered as a ~ember of the Bakersfield Fire Department Disability and Retire- ~p. mt System prior to the effective date ~ thi~ amendment to contract shall be included in the computation of the basic death ~efit provided in Section 21361 upon the death of any member I~o ~ras also a member of said Local System). Sections 21263 and 21263.1 (providing upon the death of a $~e~ber who retired for service or disability for continuance of · post-retirement survivor allowance to certain survivors)~ £o~ local safety members. ~ections 21380-21~88 (providing for allowances for survivors Of ~bers covered under the 1959 Sur~ivor's Program upon the ~ber's death before retirement). Section 21222.1 (providing a five-percent increase in allowance ~owhich the annual cost-of-living provisions apply, payable for time c~aencing on the first day of the calendar month eoimctding ~rith or next following the effective date of the ~mendment to add this section to this contract, to or on account ~f i~mbere retired or deceased on or prior to December 31, 1970). Section 21222.6 (providing a fifteen-percent increase in &llo~ances to which the annual cost-of-living provisions apply, payable for time co~encing on the first day of the calendar · o!lth coinciding with or next following the effective date of ~ amendment to add this section to this contract, to or on ~ount of certain miscel]-neous members retired or deceased 9~or ~o July 1, 1971). C0N-702-2 Section 21222.85 (providing increases ranging from 3~ to 15%, depending date of retirement or death, allowances to which the ...nual cost-of-living provisions ~ply, payable for time co~encing on the first day of the calendar m~nth coinciding vith or next following the effective date of the amendment to add this section to t[~ contract, to or on account of members retired ~r deceased on or prior to December 31, 1973). he Section 20024.2 (defining "final compensation" on the basis of ~versge compensation earnable during the year immediately preceding retirement or any other one year period elected by the member). Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on January 1, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, ~overnment Code, and accumulated contributions as of the afore- ~entioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 9, Public Agency shall contribute to sa/d Retirement System as follows: With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries · at~ed as miscellaneous members of said Retirement System: (1) 1.063 percent until June 30, 1980 on account of the l/ability for prior service benefits. (2) 12.294 percent on account of the liability for current ~rvice benefits. (3) 0.242 percent on account of the liability for ~he 1959 Survivor Program. With respect to local safety members, the agency shall ¢o~ribute the following percentages of monthly salaries earned as local safety members of said Retirement System: · (1) 1.700 percent until June 30, 2002 on account of the Liability for prior service benefits. (2) 19.148 percent on account of the liability for current set'vice benefits. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the e~apl~yees of Public A~ency, not includln~ the costs of specia~ ~ltmtions or of the periodical investigation and valuations Eequired by law. & masonable amount as fixed by the Board, payable in one installment a~ the occasions arise, to cover the costs of ~pecial valuation on account o~ employees of Public Agency, ~d costs of the periodical investi~ation and valuations ~quired by law. CON-702-3 10. Contributions 'qu/red of Public Agency and it employee~ shall be subject to ad~ ~tment by Board on account of ~ ndments to the Public ~mployees' Retirement Law, and on account of ti'e experience under the Retirement Symt~ as determined by the periodical ~nvestigation and valuation required by said Retirement Law. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of :he period to which said contributions refer or as may be prescribed by Board regulation. If more or lass than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors lm contributions required of any employee may be made by direct cash papaants between the employee and the Board. ~ayments by Public Azency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. amendment shall be attached to said contract and shall be effective on day of , 19 Witness our hands this choy of , 19 BOARD OF ADHINISTRATION PUBLIC ~LOYEE$' RETIR~2tE~NT SYST~.[ Presiding Officer Legal Office, PERS C0~-702..~