Loading...
HomeMy WebLinkAboutORD NO 2440EMERGENCY ORDINANCE NO. 2440 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF BAKERSFIELD AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 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, the Resolution of Intention to Approve an Amend- ment to Contract Between the Public Employees Retirement System (PERS) and the City of Bakersfield was adopted on the 23d day of August, 1978; and WHEREAS, it is necessary for the City Council to enact an ordinance to provide for the Amendment to the contract between PERS and the City of Bakersfield; and WHEREAS, said enactment is necessary for the immediate preservation of property rights. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 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. That 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 is an emergency ordinance under Section 24 of the Bakersfield City Charter for the immediate preservation of property and shall be effective immediately upon adoptlon by a two-thirds vote of the members present. .......... o0o .......... I HEREBY 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 the 6th day of September 1978, by the following vote: and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 6th day of September , 1978 VICE -MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the Ci-~y of Bakersfield Aff av of os ing STATE OF CALIFORNIA, t County of Kern 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 ...........................................~.~p.~...e....m....b....e..g._.~ ..........................................,19_Z~... 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 ..................................~.~]~..~.~.~.~....~ ................, 19...~_~..., which ordinance was numbereel .............~.~.~.Q ..................New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF BAKERSFIELD AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Subscribed and sworn to before me this ~.t..h.... day of .... ...... ..... .................. GUUNC 1L OF 'l'tl E Ci'f'~ OF i[AK£kSFIEi.,D under date oi .July Paragrapus ] through l[ are it, ruby stricken iron said executed etfcctive 3une 2o, V,?£. and t~ereby replaced following paragraphs number I ~.roug. i[ inclusive: All words and terms used herein which are dr: iu~d in the Pub! "~aployees' ReLlrement Law shall have the ~a,tlng ;is Oclilied t ~erel~ unless oti~e~iae specifically provided. "No~al retirement simll mean age oO for misccllaueous members and age 5 ~ tot safety members. Public Agency sin.J1 participate in the Publ kiap[oyo,::~' l(et [r*~metit 5yste~ from and after August 1, 1944, laaking its employees a hereinafter provided, mogbers of ~iaid System subject to all of tile Public ~ploye~s' Rt:tircmcnt Law cxcepl :;uch as appl" only election of a contracting agency and fire' ~1ot ptov~tlc,t for AND ALl, PER. SON~ I'~MPI,OYEI) AS "P()I,ICI CA!~r/f';" ~110 ARE ON OR AI'~I'ER F~BRt:ARY 1. 1914, Assets imretofore accumuloLed ~tLh respec~ ~o members tn E~ic local Retirement Syst~ upon contract date who waived their right~, under t~t syst~ s~11 be transferred to the Public Employees' Sy~t~ upon the effective date st this contract and applied ,main~l the l~blliCy lot prior :it. trice il{<urred hereunder. .'hat pm tim, ~,i (plus Interest taereu~on) required of the employ,.,,:; cnder system shall be credited ~o tht~ ir, dividual m~m~ecM~iI, acco.hi oJ t..~.",~ Law (2/. at age file tollswing addLtionai {,rovisL~na (>Jr tim Puslie to the Public Agency and its emp.[oye~:$; Section 209~)2.5 (providing [or age 50 at; th*., :Mni,aum vo]t,ntdrv retirement age for local safety membt. r% wttn bene£1t paFments commencing prior to age 55 subject to actuarlal dJ$co,.mt). Section 21361.5 (providing ttmt years ol service rendered a~ a member of the Bakersfield Fire Department Disaoility and Retire- ment System prior to t~e e~fectiv~ date of this amendment to contract s~m[l be included lu ~ne computation o[ the baszc de,~th benefit provided in Scction 21301 upon tae d~ath of an~ r~embe~ who was alas mereocr st ~ald Local Syste~O. Sections 21203 and~212O3.1 (provldLn}; upm~ '..he death of a member who reti. re~ for service ,or disabi. litv [or continuance for Local Satcry. do Section 2121'21.i (pr~,vi.,i,~g ,~ i ;vt'-pcrce;l~. incre.l:.e in ol]owance CO[i-.7U2-: prior to .h:ly wi~ich the aunu,~] cosL-ol~livin;;, t,rovishn'; a,,pty, paya~l~ for f~aployees' Retirement Law effective on January 1, 1977. date sitall be fixed and determ~ued as providt!d in Section mentioned date and contributions tilercarter made shall be acid by the ~oard as provided in Section 207~9, (',ow~rnmunt Code. Public Agency sitall contlibute to said ib.clrcment With respect to miscellaneous members, Lne agency shall contribute ti~e foilowing percentages of nonLilly salarieh earned as miscellaneous member:~ of naid ~et~remwnt Sys~e~: (1) 1.044 percent ttntil IlabillLy for prior :~erv~ce bene£ics. (z> ll. t71 percent on ac*_oml! ol Lhe I Labi. 1 ty ;,.~r curr,mt 21222.[ ot :;,lld iietLrcmu,~c Law. (2 ~ lkability {or prior serv£c,: uune[~t~. lb./13 percent on account of the liability [or current 8erv£ce beneLit:~. (3) ().i*bO percent until September :10, 1978 on account liability for the benellts provided m',uer 5ecti(,n 21Z22.1 of salt! Retirement haw. of thu -.% requited by law. special valuations on account of employees ot P,bli. c Agency, and costs of ttm periodits) investigatbm and valuations required by law. Coutributiona required oi Public Agency and its empluyees shall be subject to adjustment by Board 0n account of amendments to the Public ~ployees' Keriresent Law, aud on aceoust of the experience under the Retire~nt Syst~n a~ dctc~ntecd b'/ tile periodical lnvestigatiou and vaieatiol~ requi~cd by said Retirerot'hi lmw. 11. Contributioaa requlred ~.,; Public ,\~ency and it,i empl,o, ees shall be paid by PublLc Agency to Lhc K~tiremeat 3yst~m within thi':ty days after tile end of tm. pt:tied to which s.liO coatributions refer or as ~y oe l)ruscl ibrd ov i~oard rcgu[atitm. If ~re or less than the correct amount of cot~tributions is paid for anJ the d.E, of ~ ].9 Witness our nauds this BOARD OF ADMINISTRATION PUBLIC Ei.IPLOYEES' RET'[R~MENT SYS'f~2! BY ~ Carl J. Blechinger, Executive Offlc( OF 3AKERSF [ ELD Presidtag Of f.icor Approveo as Co form: Attest: Legal Office, PERS :Der; CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE: PUBLIC EMPI~DYE~ RETIReMenT P. O. BOX 1953 Sacramento, California 95809 I hereby certify: That the (Governing Boay) ado sted on of the (Date) (Public Agency) , by an affirmative vnte of a majority of tLe memb~:rs of said (]overnin~ Body, (Ordinance or Resolution) No. approving the attached contractual agreement between the Governing Body of said Agency and the Board of AdLministration of the Public E~nployees' Retirement System, a certified copy of said in the form (ordinance or Resolution) furnished by said Board of Adun~nistratJon being attached hereto. Clerk or Secretary Name of Agency PF~S-CON-5 (Rev. 3/7~!) STATE OF CALIFORNIA---IIOARD OP ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 1416 NINTH STREET, P.O. BOX 1953 SACRAMENTO, CALIFORNIA 95809 · Telephone (916) 4/45_~).~7L~ EDMUND G, BROWN JR, Governor Reply to Sectio~ 021 August 30, 1378 Mr. Richard R. Russell Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 CiTY [Vi,M~AGER'$ OFFICE Dear Mr. Russell: This will ac~]owledge receipt of your governing body's Resolution of Intention to amend your contract with this System as follows: To provide Section 21222.85 (One-time 3%-15% increase to pre-l-l-74 retirees). We are sending to you the following doct~ents in order to complete the proposed amendment: 1. Amendment to Contract, Form 702, in duplicate. Please sign and return two copies to this System. Ordinance, Form CON-il, in duplicate, approving amendment to contract. This Ordinance must be adopted by affirmative vote of a majority of the members of the governing body no earlier than twenty days after the adoption of the Resolution of Intention. The number of days and publications are to be inserted in Section 3 of the form to comply with local requirements. We want to direct your attention to the fact that the Ordinance will not become effective until 30 days after adoption. One copy is to be completed and returned to this System. 3. Certification of FLnal Action by the Governing Body, Form CON-5. One copy is to be completed and returned to this Syster~. City of Bakersfield -Z- August 30, 197~ Effective date of the amendment cannot be earlier than the first day of a payroll period following the effective date of final action of your governing body. Please be sure to notify your accounting division regarding the rate change because of the amendment. Please let us ~%ow if you tmve any q~estions. Yours truly, Ellen t(. Baltezore, DiVisio~;C~lef Contrac£s Division EHB;kmd enclosure cc:Los Angeles Area Office