HomeMy WebLinkAboutRES NO 4-97RESOLUTION NO.'~:- ~ 9 ~
RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND 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 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 contact; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21024 (Military Service Credit as
Public Service) for local miscellaneous members and
local safety members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Bakersfield 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 this reference made a part hereof.
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ORIGINAL
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
~JAN 0 8 1997 , by the following vote:
'~: CO~CI~EMBER ~ ~ ~ : -
the Council of the City of:Bakersfield - - -:'
APPROVED
JAN 0 8 19~7
MAYOR of the C~ty of Bakersfield
APPROVED astoform:
JUDY SKO:USEN
CITY ATTOR~N'EY of the City of Bakersfield
CH.rg
res.96/res_intent
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ORIGINAL
CONTRACT NO.
AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRAIION OF ~
PUBLIC EMPLOYEES' REllREMENT SYSTEM
AND ~ CITY OF BAKERSFIELD
The Board of Administration, Public Employees' Retirement System, bereinaiter referred to as Board,
and the governing body of above public agency, hereinalter 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 29, 1978, March 23, 1979, October 3, 1983, June 6,' 1992, April
15, 1993 and February 20, 1995 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 born said contract as executed effective February
20, 1995, and hereby replaced by the following paragraphs numbered 1 through 14 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 pa~cipate in the Public Employees' Retirement System from and
after August 1, 1944 making its employees as herv~mfier 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.
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)
EXHIBIT "A"
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:
ORIGINAL
be
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 supersedes 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 trek 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 represents 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.
7
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 safety member shall be determined in accordance with
Section 21362 of said Retirement Law (2% at age 50 Full).
9. 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) for local safety
members only.
Section 21222.1 (Special 5% Increase-1970). Legislation repealed said
Section effective January 1, 1980.
e. Section 21319 (Special 15% Increase for Local Miscellaneous Members).
2
ORIGINAL
Section 21325 (Special 3% - 15% Increase) for or on behalf of those local
miscellaneous members and local safety members who retired or died prior to
January 1, 1974.
g. Section 20042 (One-Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
I. Section 21573 (Third Level of 1959 Survivor Benefits).
j. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
10.
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
therealter shall be held by the Baord as provided in Government Code Section 20834.
11.
Public Agency shall contribute to said Retirement System the contributions
determined by actuadal valuations of prior and future service liability with respect to
local miscellaneous members and local safety members of said Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
Public Agency shall contribute $1.50 per member, per month on account of
the liability for the 1959 Survivor Benefits provided under Section 21573 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 the term insurance rates, for survivors of all local
miscellaneous 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, an costs of the periodic investigation and
valuations required by law.
13.
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.
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ORIGINAL
14.
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
day of ,19
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1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, this
__ day of ,19
BOARD OF ADMINISTRATION
CITY OF BAKERSFIELD
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
BOB SHERFY
Chief Assistant City Attorney
APPROVED AS TO CONTENT:
By
JOHN W. STINSON
Assistant City Manager
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
BY
MAYOR, CITY OF BAKERSFIELD