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