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HomeMy WebLinkAboutORD NO 4548ORDINANCE NO. 4 5 4 8 AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF BAKERSFIELD MAKING SECTION 21354.5 (2.7% ~ 55 Full Formula) AND SECTION 20037 (Three-Year Final Compensation) FOR LOCAL MISCELLANEOUS MEMBERS ONLY WHEREAS, the Board of Administration of the Public Employees' Retirement System (PERS) will allow a contracting agency to adopt an amendment to their contract with PERS to provide Section 21354.5 2.7% ~ 55 Full Formula and Section 20037 Three-Year Final Compensation for the City's local Miscellaneous Members. 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 of Bakersfield and the Board of Administration of the Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 1 The Mayor of the City of Bakersfield is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City. ----------000---------- GR:P:WGREEMENTS~PERS Ordinance ?.7 36 month comp 10 22 08DOC o``gAKF9~ '' m ~ r U O ORIGINAL 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 NOV 1 9 2008 , by the following vote: AYE COUNCILMEMBER ~~h~ .tt nr-iYYI ~ W Q.l~l Gp ~~~ `~,,~~ ~yt ~~~~ ~ ~_/~~u~J NOES: COUNCILMEMBER~~e. ABSTAIN: COUNCILMEMBER (~l~Q-- ABSENT: COUNCILMEMBER V~.H~--- CITY CLERK and EX OFFICIO ERK of the Council of the City of Ba ersfield aPpRnvFn NOV 1 9 2008 APPROVE~Yas ~'o form: VIRGINY~ f- GENNARO CITY ATTORNEY of the City of Bakersfield GR:P:V~GREEMENTS~PERS Ordinance 2.7 36 month comp 10 22 OR.DOC ~gAKF9 O ~'.~ '•~ m H- r U ~ ORIGINAL MAYOR of the City of Bakersfield i- Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public E~loyees' Retirement System and the City Council City of Bakersfield The Board of Administration, Califomia 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: 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. o`~~AKF9~' y ~' ~ m r U O ORIGINAL PLEASE DO NflT ~lC~~ "E~~l~l~lT ~~11.`r", 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 transfenred 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 gAKF the individual membership account of each such employee under the o`` 9~.~ Public Employees' Retirement System. r v o ORIGINAL tF~~ l~ r, - ~ '~~d t,~ !sue ~`i,i ~9~~ ~ „09 ~L.$ f7 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 classiilcation 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. Section 20903 (Two Years Additional Service Credit). o``gAKF9~ T '' m ~' r v o ORIGINAL S ~, pq 6`° ~~,it ~ y~. ,~y. ~ ~ ~.°,~ ~ i .,."F~ ~ g~ ~ ~~.tlw. , ,. ~ i qy yr t?`, ~~q.~ r~ (f ~y) f 9 <.1s~Y -~a..~?4... ~~~ ~'~~ J f J ~ 3 ~~~441 ^~s~~y~ 'al il'i~l g. Section 21574 (Fourth Level of 1959 Survivor Benefits). h. Section 21024 (Military Service Credit as Public Service). 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 Govemment 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. o``gAKF9~ a r- m U Or ORIGINAL 15. 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. 16. 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. ff 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. k~ .,..i B. This amendment shall be effe~t~;i~~'on the day of , S't_ 4"t: ..7•.. ~~`•y BOARD OF ADMINISTRATION~~;~~:~`° CITY COUNCIL PUBLIC EMPLOYEES' RETfi~~MENT SYSTEM CITY OF BAKERSFIELD BY ~°.~~~,. BY LORI MCGAI~ ~~° D, CHIEF PRESIDING OFFICER EMPLOY~f~~'~ERVICES DIVISION :<L ~ ~ -~ PUBLIhCIdC~LOYEES' RETIREMENT SYSTEM ~;.: ~ , ~~ Witness Date-., `~-;' ''-„ a"...~~ .;~''` ~' Clerk AMENDMENT ER# 36 PERS-CON-702A (Rev. 10\05) O~OAK~c9~ ~ ~ U Q ORIGINAL