HomeMy WebLinkAboutRES NO 186-08RESOLUTION NO. ~ 8 6" ~ g
A RESOLUTION OF INTENTION TO APROVE AN
AMENDMENT NO. 4 TO CONTRACT 97-39
BETWEEN THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA 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 set 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 procedures to amend this contract is
the adoption by the governing 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 20475 (Different Level of Benefits): Section
21354.3 (3% C~ 60 Full formula) and Section 20042 (One-year
Final Compensation) are applicable to only those local
miscellaneous members entering membership in miscellaneous
classification on or prior to the effective date of this amendment to
contract. Section 21354.5 (2.7% ~ 55 Full formula) and Section
20037 (Three-Year Final Compensation) are applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
above agency does hereby give notice of intention to approve an amendment to
the contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by the reference made a part hereof.
GR:P:WGREEMENTSU'ERS Res~~ 2.7 3F month comp.DOC
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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 OCT 2 2 2008 , by the following vote:
AYES: COUNCILMEMBER l-LWYdOi'1T~Y'1,~~ VUP.I ~ ~IC1~1~~~ ~ /~~ V ~'~
NOES: COUNCILMEMBER~~Q
ABSTAIN: COUNCILMEMBER //~~ ,,,,~~-
ABSENT: COUNCILMEMBER l~ ~~ ~ ~~~~~~ Va~~~
~s-t~~ CITY CLERK and OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED OCT 2 2 2008
HARVEY' L. MfALL
MAYOR of the City of Bakersfield
APPROVF,~CS a(s to form:
VIRGINI~GENNAR~
CITY ATTORNEY of the City of Bakersfield
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California
Public Employees' Retirement System
EXHIBIT
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,
January 1, 1977, September 25, 1978, March 23, 1979, October 3, 1983, June 6, 1992,
April 15, 1993, February 20, 1995, February 19, 1997, November 20, 1999, May 26,
2001, July 15, 2002 and December 1, 2003 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective December 1, 2003, and hereby replaced by the following paragraphs
numbered 1 through 16 inclusive:
1. 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 local miscellaneous members entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract, age 55 for local miscellaneous members entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract and age 50 for local safety
members.
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PLEASE DO NOT SIGN "EXN181T QI`IL`("
2. 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 thereof, apply only on the election of a contracting
agency.
3. 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);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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:
a. 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
b. SCHOOL CROSSING GUARDS AND POLICE CADETS HIRED
ON OR AFTER FEBRUARY 1, 1974.
5. 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.
6. Assets heretofore accumulated with respect to fire members under the
Bakersfield Fire Department Disability and Retirement System who waived
their rights under that system on June 26, 1972 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.
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7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 15, 2002 shall be determined
in accordance with Section 21354 of said Retirement Law (2% at age 55
Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after July 15, 2002 and not after the effective date of
this amendment to contract shall be determined in accordance with
Section 21354.3 of said Retirement Law (3% at age 60 Full).
9. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21354.5 of said Retirement Law (2.7% at age 55
Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
b. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Section 21319 (One-Time 15% Increase for Local Miscellaneous
Members Who Retired or Died Prior to July 1, 1971). Legislation
repealed said Section effective January 1, 2002.
d. Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
e. Section 20042 (One-Year Final Compensation) for those local
miscellaneous members entering membership on or prior to the
effective date of this amendment to contract and local safety
members.
f. Section 20903 (Two Years Additional Service Credit). o~~AK~9s~
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~LE~SE D~ N~~ I~~~l "~.~~-~1~3iT ONLY"
g. Section 21574 (Fourth Level of 1959 Survivor Benefits).
h. Section 21024 (Military Service Credit as Public Service).
i. Section 20475 (Different Level of Benefits). Section 21354.3 (3%
@ 60 Full Formula) and Section 20042 (One-Year Final
Compensation) are applicable to only those local miscellaneous
members entering membership in the miscellaneous classification
on or prior to the effective date of this amendment to contract.
Section 21354.5 (2.7% @ 55 Full Formula) and Section 20037
(Three-Year Final Compensation) are applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
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.
13. 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.
14. Public Agency shall also contribute to said Retirement System as follows:
a. 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.
b. 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.
c. 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.
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15. Contributions required of Public ac count of amendments to the Publ c
subject to adjustment by Board on
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined Iba the periodic investigation and
valuation required by said Retirement
16. Contributions required of Public Age System iwithin pifteensdaysllafte pthe
by Public Agency to the Retirement y
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or Iros er ad ust ent shall be made in
contributions is paid for any period, p p 1
connection with subsequent remittancem I Aeeu may be made by di ect
errors in contributions required of any p Y
payments between the emploxee and the Board.
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g. This amendment shall be effe~t~~'en the day of
~"` CITY COUNCIL
BOARD OF ADMINISTRATIO~l~`'~
PUBLIC EMPLOYEES' RET~MENT SYSTEM CITY OF BAKERSFIELD
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BY PRESIDING OFFICER ,~u° `~
LORI MCGA D, CHIEF ,Y.~;;Y-~
EMPLOY RVICES DIVISION ;a ~:`,5 ~`
PUBL LOYEES' RETIREMENT SYSTEM ; - ",`ja
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Witness Date~~;~
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Attest: °~~;~~~'
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Clerk
AMENDMENT ER#36 ~PKF
PERS-CON-702A (Rev. 10\05) ~
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