HomeMy WebLinkAboutRES NO 88-78 RESOLUTION NO. 88-78
RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF BAKERSFIELD.
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, one of the steps in the procedure to amend this
contract is the adoption by the legislative body of the public
agency of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a summary
of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed
change:
To provide Section 21222.85 (One time
3%-15% increase to pre-l-l-74 retirees).
NOW, THEREFORE, BE IT RESOLVED, that the governing body of
the above agency gives, and it does hereby give notice of intention
to approve an amendment to the contract between the said governing
body and the Board of Administration of the Public Employees' Retire-
ment System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part hereof.
-o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 9th day of August, 1978, by the following
vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, ~J,T~, ROGERS, SCF.~LES, STRONG
NOES: COUNCILMEN: ikiC)~--
ABSENT: COU C,L N:
ABSTAINING COUNCILMEN: ~ID N P;
CITY C~Ka~?n/ fici0 Clerk of
Council of t~jBakersfield
~~~rsfield
AP P ROVED' ~a-s - ~o~Fo rm:
/~w~~J the~~
f
,CITY ATTORNEY of akersfield
the
~NDbtENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC ~{PLOYEES' RETIREMENT SYSTF. M
AND THE
CITY COUNCIL
OF THE
CITY OF BAKERSFIELD
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as "Board", and the governing body of above public agency,
hereinafter referred to as "Public Agency", having entered into a contract
under date of July 17, 1944, effective August 1, 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, January 1, 1977, which
provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
AO
Paragraphs 1 through 11 are hereby stricken from said contract as
executed effective June 26, 1972, and hereby replaced by the
following paragraphs number 1 through 11 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 60 for miscellaneous members and age 55 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 such as
by express provisions thereof apply only on the el. ection of contractin~
agencies.
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 Policemen (herein referred to as local safety members);
b. Local Firemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
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 PERSONS HIRED ON OR AFTER. bb~Y 23, 1973, l~O ARE Eb~LOYED
ON A TFj. LPORARY BASIS IF IT IS A CONDITION OF E~{PLOYMENT AT THE
TIME OF HIRE TlblT SAID E~iPLOY~NT NOT EXCEED SIX MONTHS.
CON-702-1
L 0 . WHO.-WAIVED
RIGHTS UNDER THE LOCAL SYST'DI·
EXCLUDE ALL PERSONS EMPLOYED AS "SCHOOL CROSSING GUARDS"
AND ALL PERSONS k~{PLOYEI) AS "POLICE CADETS" WHO ARE HIRED
ON OR AFTER FEBRUARY 1, 1974.
Assets heretofore accumulated with respect to mex~ers 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
the assets so transferred whid~ 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.
The fraction of final compensation to be provided for each year of
credited 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 credited prior and current service as a safety member shall
be determined in accordance with Section 21252.1 of said
Retirement Law (One-half pay at age 55).
The following additional provisions of the Public ~nployees' 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
retirement age for local safety members, with benefit payments
commencing prior to age 55 subject to actuarial discount).
Section 21361.5 (providing tlmt years of service rendered as a
member of the Bakersfield Fire Department Disability and Retire-
ment System prior to the effective date of this amendment to
contract shall be included in the computation of the basic death
benefit provided in Section 21361 upon the death of any member
who was also member of said Local System).
Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post-retirement survivor allowance to certain survivors),
for Local Safety.
Sections 21380-21388 (providing for allowances for survivors
of members covered under the 1959 Survivor's Program upon the
member's death before retirement).
Section 21222.1 (providing a five-percent increase in allowance
to which the annual cost-of-living provisions apply, payable
for time commencing on the first day of the calendar month
coinciding with or next following the effective date of the
amendment to add this section to this contract, to or on account
of members retired or deceased on or prior to December 31, 1970)·
CON-702-2
Section 21 6 (providing a fifteen-percen ncreasd in ~
'~llowances to which the annual cost-of-living provisions apply,
payable for time commencing on the first day of t'he calendar
month coinciding with or next following tile effective date of
the amendment to add this section to this contract, to or on
account of certain miscellaneous members retired or deceased
prior to July 1, 1971).
Section 21222.85 (providing increases ranging from 3% to 15%,
depending on date of retirement or death, in allowances to
w~ich the annual cost-of-living provisions apply, payable for
time commencing on the first day of the calendar month coinciding
with or next following the effective date of the mnendment to add
this section to this contract, to or on account of members retired
or deceased on or prior to December 31, 1973).
Public Agency, in accordance with Section 20740, Govermnent 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,
Government Code, and accumulated contributions as of the afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System as follows:
ae
With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 1.044 percent until June 30, 1980 on account of the
liability for prior service benefits.
(2) 11.371 percent on account of the liability for current
service benefits.
(3) 0.242 percent on account of the liability for the
1959 Survivor Program.
(4)
0.400 percent until September 30, 1978 on account of the
liability for the benefits provided under Section
21222.1 of said Retirement Law.
With respect to local safety members, the agency shall
contribute the following percentages of monthly salaries
earned as local safety members of said Retirement System:
(1) 1.320 percent until June 30, 2002 on account of the
liability for prior service benefits.
(2) 16.213 percent on account of the liability for current
service benefits.
(3)
0.660 percent until September 30, 1978 on account of the
liability for the benefits provided under Section
21222.1 of said Retirement Law.
CON-702-3
A reasona] amount per annum, as fixed. Boar~ to Aver
the costs of administering said System as it affects the
employees of Public Agency, not includ~lg the costs of special
valuations or of the periodical 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 periodical investigation and valuations
required by law,
10.
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 periodical
investigation and valuation required by said Retirement Law.
11.
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 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, or adjustments 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.
B, This amendment shall be attached to said contract and shall be effective on
the day of , 19
Witness our hands this
day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREmeNT SYST~{
CITY COUNCIL
THE
.TY OF BAKERSFIELD
, 19
BY
Carl J. Blechinger, Executive
BY
Presiding Officer
Approved as to form:
Attest:
Legal Office, PERS
~lerk
CON-702-4
CERTIFICATION OF GOVERNING BODY'S ACTION
I her'eby certify that the foregoing is a true and correct copy
of a Resolution adopted by the
(Governing Bojy) '
of the
(Name of Publ ic Agency) "'
On
(Date)
, appearing at Page
Volume
of the (Minutes) (Off. icial Records) of the
(Governing Body)
CITY CLERK or
Secretary of the Board
PERS-CON-12 (~1/77)