HomeMy WebLinkAboutORD NO 3740 3?40
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION O'F THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CI~TY OF BAKERSFIELD
MAKING GOVEII~N:IVtENT CODE S,ECTION 21024
APPLICABLE TO THE CITY (MILITARY SERVICE CREDIT
AS PUBLIC SERVICE)
WHEREAS, the Public Employees' Retirement System (PERS) will allow a
contracting agency to adopt an amendment to their contract with PERS to allow an
employee to purchase additional years of service credit toward retirement benefits if the
employee has served in the United States military; and
WHEREAS, the cost of this purchase is borne entirely by the employee; and
WHEREAS, the purchase of "military buy back" is entirely voluntary for the
employee.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION I
An amendment to the contract between the City of Bakersfield and the Board of
Administration, California Public Employees' Retirement System (PERS) is hereby
authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by
such reference made a part hereof as though fully set forth herein.
SECTION 2
The Mayor of the City of Bakersfield is hereby authorized, empowered and directed
to execute said amendment for and on behalf of the City.
S:\COUNCIL\ORD\PERS.ORD
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBERS: CARSON, DeMOND, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBERS ('k)O~/.._o -'" ..... '
ABSENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS
CITY CLERK and Ex Offic.!o'Cler~:~,bf the Council of the
City of Bakersfield ,' -
APPROVED FEB 1~ 1997
BO RIC~~'~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY of the City of Bakersfield
S 5COUNClLtORDtPERS,ORD
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ORIGINAL
CONTRACT NO.
AMENDMENT TO CONTRACT BETWEEN
~ BOARD OF AD~TRATION OF THE
PUBLIC EMPLOYEES' R~ ~TIREMENT SYSTEM
AND ~ CITY OF BAKERSFIELD
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of aboye public agency, hereina~er 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 l, 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 ~om 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 participate in the Public Employees' Retirement System from and
afi~er 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 hereaRer 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
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)
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:
EXHIBIT "A"
ORIGINAL
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 their fights 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.
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
10.
11.
12.
13.
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.
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
thereaf£er shall be held by the Baord as provided in Government Code Section 20834.
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.
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.
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.
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
.......... 000 ..........
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. ST1NSON
Assistant City Manager
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
BY
MAYOR, CITY OF BAKERSFIELD
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on
the 20th day of Febmaw, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3740, passed by the Bakersfield City Council at a meeting held
on the 19th day of February, 1997, and entitled:
AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING
AN AMENDMENT TO TI-IE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND TIlE CITY OF BAKERSFIELD
MAKING GOVERNMENT CODE SECTION 21024 APPLICABLE
TO THE CITY (MILITARY SERVICE CREDIT AS PUBLIC
SERVICE)
/s/
CITY CI~EP~i~f the City O'fBakersfield
DL~UTY City Clehk~
ORIGINAL