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Home My WebLink AboutRES NO 76-83RESOLUTION NO. 76-83 RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD TO APPROVE AN AMEND- MENT 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 elect to subject themselves and their said Law; and said public agencies may employees to amendments to contract agency of a resolution giving notice of its intention an amendment to said contract, which resolution shall summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: WHEREAS, one of the steps in the procedure to amend such is the adoption by the legislative body of the public to approve contain a To provide Section 21252.01 (2% @ 50 Full formula from 1/2 @ 55 and 2% @ 55 Full formula) for local safety members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bakersfield gives and it does hereby give notice of intention to approve an amendment to the contract between the City Council of the City of Bakersfield and the Board of Adminis- tration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as Exhibit "A", 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 8th day of June, 1983, by the following vote: CITY CLERK and/ Ex Officio Clerk of the Council of th~ City of Bakersfield Ap~RO~D this 8th day of June, 1983 MAYORal) the City of Bakersfield APPROVED as to form: AJS/bl 2. 6/1/83 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL ~ ~,- CITY owOFB~kH'EERsFIELD , , The Board of Ad~in-'stration, ~~oyees Retirement System, herein- after referred to as Board, and the gove~~of above public agency, hereinafter referred to as Public Agency, havin~ed into a contract effec- tive Au~ast 1, 194~, and witnessed July 17, t944, 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, Junuary 22, 1973, May 23, 1975, September 19, 1973, April 24, 1974, January 1~ 1977, September 25, 1978, and March 23, 1979, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 11 are hereby stricken from said contract as executed effective March 23, 1979, and hereby replaced by the following paragraphs numbered 1 through I3 inclusive: All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after August 1, ~944 making its employees as herein- after provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on elec'~ion of a contracting agency and are not pro,'ided l'or herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. ~ployees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). EXHIBIT A tn addition to the classes of employees excluded from membership by said Retir~n~ Law, the following classes of employees shall not become membe~aid Retirement System: a. EXCLUDE ALL FIRE~/~OYED ON OR PRIOR TO JUN~ 26, 1972 EXCEPT THOSE IN EM3-LOYMENT 0~ACT DATE ?HO WAIVED RIGHTS UNDER THE LOCAL SYSTEM; AND ~ . b. SCHOOL CROSSIN~ GU.~RDS AND POLICE ~i~_RED ON OR A?TER 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 ~o~1 ~mployeee are excluded from PERS membership subsequent to January 1, ~975. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. That portion of the assets so transferred repre- senting the accumulated contributions (plus interest thereupon) re- quired of the employee~ under said local system has been 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 local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). The fraction cf final compensati)n to be p~'~)vided for ~ach yuaz of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). The following additional provisions of the Public Employe/s' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: Section 20952.5 (Age 50 voluntary retirement for local safety members only. Section 21361.5 (Local System Service Credit for local fire members only. Sections 21263/21263.1 (Post-retirement surv~vor allowance) for local safety members only. 10. d. Sec~1380-21387 (1959 Survivors Program) excluding Section 21382.2 [~I~ea, sed 1959 Survivors benefits). e. Section 21222.1 ~p~ ~% increase - 1970). members as defined pursuant to Go~9~h~t Code Section 21222.6). g. SectiOn 21222.85 (Special 3%-15% increase to pre-l.-1-74 retirees). h. Section 20024.2 (One-year final compensation). Public Agency, in accordance with Section 20740, government 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 aforementioned date and contri- butions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 11. Public Agency shall contribute to said Retirement System as follows: With respect to miscellaneous members, the agency shall contri- bute the following percentages of monthly salaries earned as mis- cellaneous members of said Retirement System: (1) 14.974 percent until June 30, 2000 on account of the liability for current service benefits. With respect to local safety members, the agency shall contribute the following percenteges of monthly ~alar~e~ e~rned as local safety members of said Retirement System: (1) 3.160 percent until June 30, 2002 on account of the liability for prior service benefits. (2) 28.135 percent until June 30, 2000 on account of the liability for current service benefits. A reasonable amount, as fixed by the Board, payab!e in one instal- lment within 60 days of date of contract to cover the costs of ad- ministering said System as it affects the employees of Public Ag- ency, not including the costs of special valuations or of the per- iodic investigation and valuations required by law. A reasonable amount as fixed by the Board, payable in one instal- lment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be sub- ject to adjustment by Board on account of amendments to the Public ~- ployees' Retirement Law, and on account of the experience under the me- tiremerit System as determined by the periodic investigation and valua- tion required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days af- ter 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 adjust- ments 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 B. This amendment shall be attached to said contract and shall be effective on the 3rd day of October , 198__~ Witness our hands the day of , 19--. BOARD OF ADMINISTRATION PUBLIC E~LOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF BAKERSFIELD CARL J. BLECHING~R, EXECUTIV Presiding Officer Approved as to form: Attest: Margaret J(~oehn, ~;~.gal Office, C'l~r~: PERS CON-702