§ A8.506-2

MISCELLANEOUS SAFETY EMPLOYEES

Notwithstanding any other provisions of this Charter, the Board of Supervisors or the Community College Board shall have the power to contract with the Board of Administration of the Public Employees’ Retirement System of the State of California to provide that the probation officers, airport police officers, district attorney and public defender investigators, medical examiner investigators, juvenile court counselors, institutional police, fire safety inspectors and fire protection engineers who are not members of the Section A8.588 plans, shall be members of the Public Employees’ Retirement System, and the Board of Supervisors, the Community College Board and the Retirement Board shall have the power to perform all acts necessary to carry out the terms and purposes of such contract.

The Board of Supervisors shall have the power to amend such a contract to terminate the participation of certain airport police officers in the Public Employees’ Retirement System and to transfer to the San Francisco Employees’ Retirement System the accumulated assets and liabilities relating to the airport police officers that make such an election, and to exempt such a contract amendment from the cost-neutrality requirements of this Section A8.506-2, provided that the present value of any additional costs associated with said transfer and the related benefits under the San Francisco Employees’ Retirement System does not exceed $670,000 in the aggregate. All additional costs in the form of actuarial liability associated with said transfer and said benefits that exceed $670,000 in the aggregate shall be paid by the airport police officers that elect to terminate their participation in the Public Employees’ Retirement System and transfer the accumulated assets and liabilities relating to their service to the San Francisco Employees’ Retirement System. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contract.

The Board of Supervisors shall have the power to amend such contracts or contract amendments to terminate the participation of probation officers, district attorney investigators, and juvenile court counselors, in the Public Employees’ Retirement System for prospective service and to provide comparable benefits in the San Francisco Employees’ Retirement System and to exempt such contracts or contract amendments from the cost-neutrality provisions of this Section A8.506-2, provided the recognized employee organizations representing the impacted employees agree. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contracts or contract amendments.

For probation officers, district attorney investigators and juvenile court counselors, hired on and after January 7, 2012, the Board of Supervisors shall have the power to amend its contract or contracts with the Public Employees’ Retirement System to terminate the participation of said persons in the Public Employees’ Retirement System and to provide their retirement benefits in the San Francisco Employees’ Retirement System. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contract or contracts.

Except as provided in this Section A8.506-2, contracts and contract amendments shall be cost-neutral and employee bargaining units shall be permitted to trade salary or other employee paid benefits to achieve cost-neutrality. However, the employee contribution for persons who become employed by the City and County on and after July 1, 2010, and who become eligible for membership pursuant to this Section A8.506-2, shall be nine percent (9%). The nine percent (9%) employee contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said employees.

All contracts and contract amendments with the Board of Administration of the Public Employees’ Retirement System of the State of California for persons hired on and after July 1, 2010, shall provide, to the maximum extent permitted, that final compensation will be calculated based on a two-year formula.

The Board of Supervisors or the Community College Board is empowered to determine compliance under this Section. As provided in Section A8.409-5 of the City Charter, disputes under this paragraph shall not be subject to the dispute resolution procedures contained in Charter Section A8.409-4.

Any person who shall become a member of the Public Employees’ Retirement System pursuant to such contract shall have the right to be a member of the health service system and the Health Service Board shall make provision for the participation in the benefits of the health service system by such persons.

History

(Amended November 2003; Proposition F, Approved 11/6/2007; Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011)

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