HomeMy WebLinkAboutORD NO 4003ORDINANCE NO. 4 0 0 3
AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING
AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF
BAKERSFIELD MAKING SECTION 21362.2 (3% ~ 50
FULL FORMULA) FOR LOCAL FIRE MEMBERS ONLY
APPLICABLE TO THE CITY
WHEREAS, the Public Employees' Retirement System (PERS) will allow a contracting
agency to adopt an amendment to their contract with PERS to provide 3% ~ 50 Full formula for
the City's local Fire group; and
WHEREAS, the cost is shared by both employee and employer.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1
An amendment to the contract between the City of Bakersfield and the Board of
Administration, California Public Employees' Retirement System (PERS) is hereby authorized, a
copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part
hereof as though fully set forth herein.
SECTION 2
The Mayor of the City of Bakersfield is hereby authorized, empowered and directed to
execute said amendment for and on behalf of the City.
ORIGINAL
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 APR ~,5 Z001 ,bythe
following vote:
AYES: COUNCILMEMBER CARSON,BENHAM,MAGGARD,COUCH,HANSON,SULLIVAN,SALVAGGIO
NOES: COUNClLMEMBER ~
ABSTAIN: COUNCILMEMBER ~_/;~.~ ~
ABSENT: COUNCILMEMBER ~-'/?~ ~_
CITY CLERK and EX OFFI~,IO CLERK of
the Council of the City of Bakersfield
APPROVED /~pP, 25 ZOItl
HARVEY L HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of BakerSfield
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ORIGINAL
CalPERS
California
Public Employees' Retirement System
EXHIBIT"A-
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Bakersfield
The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter
referred to as Public Agency, having entered into a contract effective August 1, 1944, and
witnessed July 17, 1944, and as amended effective January 1, 1950, November 1, 1957,
October 1, 1958, April 1, 1965, October 1, 1967, January 1, 1971, June 26, 1972, January
22, 1973, May 23, 1973, September 19, 1973, April 24, 1974, Janaury 1, 1977, September
25, 1978, March 23, 1979, October 3, 1983, June 6, 1992, April 15, 1993, February 20,
1995, February 19, 1997 and November 20, 1999 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective November 20, 1999, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members and age 50 for local safety members.
Public Agency shall participate in the Public Employees' Retirement System
from and after August 1, 1944 making its employees as hereinafter provided,
members of said System subject to all 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 those, which by express provisions
only on the election of a contracting agency.
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 Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become
members of said Retirement System:
EXCLUDE ALL FIREMEN EMPLOYED ON OR PRIOR TO JUNE 26,
1972 EXCEPT THOSE IN EMPLOYMENT ON CONTRACT DATE
WHO WAIVED RIGHTS UNDER LOCAL SYSTEM; AND
SCHOOL CROSSING GUARDS AND POLICE CADETS HIRED ON
OR AFTER FEBRUARY 1, 1974.
Prior to January 1, 1975, 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
superseded this contract provision by providing that any such temporary
and/or seasonal employees are excluded from PERS membership
subsequent to January 1, 1975. Legislation repealed and replaced said
Section with Government Code Section 20305 effective July 1, 1994.
Assets heretofore accumulated with respect to members under the local
retirement system who waived their rights under that system have been
transferred to the Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder. That portion of assets so
transferred which represent the accumulated contributions (plus interest
thereof) required of the employees under said local system have been
credited to the individual membership account of each such employee under
the Public Employees' Retirement System.
The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall be
determined in accordance with Section 21354 of said Retirement Law (2% at
age 55 Full).
The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2% at
age 50 Full).
)RtGIN^L
10.
The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be determined
in accordance with Section 21362.2 of said Retirement Law (3% at age 50
Full). The required member contribution rate is 9% of reportable
compensation.
Public Agency elected and elects to be subject to the following optional
provisions:
Section 21536 (Local System Service Credit Included in Basic Death
Benefit) for local fire members only.
Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for
local safety members only.
Section 21571 (Basic Level of 1959 Survivor Benefits).
Section 21222.1 (One-Time 5% Increase 1970).
repealed said Section effective January 1, 1980.
Legislation
Section 21319 (One-Time 15% Increase for Local Miscellaneous
Members Who Retired or Died Prior to July 1, 1971).
Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members and Local Safety Members Who Retired or
Died Prior to January 1, 1974).
Section 20042 (One-Year Final Compensation).
Section 20903 (Two Years Additional Service Credit), Statutes of
1979. Legislation repealed said Section effective January 1, 1999.
Section 21574 (Fourth Level of 1959 Survivor Benefits).
Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
11.
12.
Public Agency, in accordance with Government Code Section 20790, ceased
to be an "employer" for purposes of Section 20834 effective on January 1,
1977. Accumulated contributions of Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as provided
in Government Code Section 20834.
Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and liabilities
of Public Agency and its employees shall be pooled in a single
account, based on term insurance rates, for survivors of all local
miscellaneous members and local safety members.
A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the periodic
investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14.
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 the experience under the Retirement
System as determined by the periodic investigation and valuation required by
said Retirement Law.
15.
Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of
the 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 with subsequent
remittances. Adjustments on account of errors in contributions required of
any employee may be made by direct payments between the employee and
the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF BAKERSFIELD
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
PRESIDING OFFICER
Witness Date
AMENDMENT
PERS-CON-702A (Rev. 8\96)
Attest:
Clerk
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
APPROVED AS TO CONTENT:
CITY DEPARTMENT
By:
ALAN TANDY
CiTY MANAGER
COUNTERSIGNED:
By:.
GREGORY J. KLIMKO
Finance Director
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 the 26th day of April , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4003 , passed by the
Bakersfield City Council at a meeting held on the 25th day of April 2001 and
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AND ADOPTING AN AMENDMENT TO THE
SOUTHEAST BAKERSFIELD REDEVELOPMENT PLAN.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU/TY ~'ity Clerk
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May 1, 2001