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San Bernardino County Employees Retirement Association
File #: 19-1069    Name:
Type: Consent Item
File created: 8/26/2020 In control: BOARD OF RETIREMENT
On agenda: 9/3/2020 Final action: 9/3/2020
Title: Adopt SBCERA Resolution No. 2020-7 - Employer Pay Codes of Employee Compensation.
Attachments: 1. Exhibit A: Pay Code Resolution No. 2020-7 Redline, 2. Exhibit B: Summary of Changes to Pay Code Resolution 2020-7

 

FROM:                                            Amy McInerny, Chief Financial Officer

 

SUBJECT:                                           SBCERA Resolution No. 2020-7 - Employer Pay Codes of Employee Compensation

 

RECOMMENDATION:

title

Adopt SBCERA Resolution No. 2020-7 - Employer Pay Codes of Employee Compensation.

body

 

BACKGROUND:

The SBCERA Board of Retirement (Board) is required by Government Code Sections 31461, 31542, 7522.10, and 7522.34, as well as Board Benefits Policy No. 26, Compensation Earnable and Pensionable Compensation, to determine what items of member compensation are included or excluded in employee compensation upon which appropriate contribution rates should be applied and upon which retirement benefits are calculated. When an employer presents a new pay item/code, SBCERA staff initially determines whether such items will be considered “compensation earnable” or “pensionable compensation”, which determination will be effective immediately, subject to ratification by the Board. 

 

On June 4, 2020, the Board reviewed and adopted a pay code resolution.  Since the adoption, staff reviewed four additional pay code requests from participating employers and made the following determination.

 

Employer

Pay Item / Code

Earnable Compensation (Tier I)

Pensionable Compensation  (Tier II)

Crestline Sanitation

Sick Leave Cashout

Yes

No

County of San Bernardino

Nurses Extra Shift Incentive

No

No

Superior Court

Voluntary Separation Incentive

No

No

County of San Bernardino

Retro - Telestaff Differential

Yes

Yes

Mojave Desert AQMD

Flexible Benefit Dollars - Excess Cash Paid to Member

Yes*

No

City of Chino Hills

Flexible Benefit Opt-Out - Excess Cash Paid to Member

Yes*

No

City of Chino Hills

Flexible Benefit - Excess Cash Paid to Member

Yes*

No

City of Big Bear Lake

Flexible Benefit - Excess Cash Paid to Member

Yes*

No

City of Big Bear Lake

Flexible Benefit Opt-Out - Excess Cash Paid to Member

Yes*

No

DWP Big Bear Lake

Flexible Benefit - Excess Cash Paid to Member

Yes*

No

DWP Big Bear Lake

Flexible Benefit Opt-Out - Excess Cash Paid to Member

Yes*

No

*SBCERA currently includes in compensation earnable certain types of pay that are pending further review and determination pursuant to Government section 31461(b)(1)(A) and Alameda. Upon completion of the review, the Board will determine whether this item will continue to be included in, or will be excluded from, compensation earnable.  These items include pay for cash conversion.

 

Based on the initial determination, staff requests that the Board ratify staff’s determination of the inclusion or exclusion as compensation earnable or pensionable compensation of the above pay item/code.

 

On August 6, 2020, the Board passed Board Resolution 2020-5 in resonse to the  Alameda decision.  This resolution includes the changes required by that judicial decision.  Specifically, items for pay outside of normal working hours, including Stand-by Pay, On Call Pay, Call Back Pay, Canine Officer Pay, and Weekend Differentials for the Technical and Inspection Unit have been excluded effective January 1, 2013, the effective date of the PEPRA legislation.  Items for “in-kind” payments have also been removed and are referred to as “Alameda Exclusions” in Board Resolution 2020-5.

 

The resolution (Exhibit A) provides a redline version of the changes which includes Exhibits A through L sets out by employer these existing items of compensation, identified by employer pay codes, which will be included in compensation earnable for Tier I members, and Exhibit M sets out pensionable compensation for Tier II members, effective September 3, 2020 for all employers. Exhibit B is a summary of changes to the pay codes.  The changes highlight those changes as called out in the table above, and then specifically for those items excluded pursuant to Board Resolution 2020-5.

 

The resolution is intended to comply with the requirements of the Internal Revenue Code of 1986, the 1937 Act, PEPRA, and the regulations issued thereunder as applicable.

 

BUDGET IMPACT:

None.

 

STRATEGIC PLANNING GOAL/OBJECTIVE:

Prudent Fiscal Management

 

STAFF CONTACT:

Amy McInerny

 

ATTACHMENTS:

Exhibit A:                     Pay Code Resolution No. 2020-7 Redline

Exhibit B:                     Summary of Changes to Pay Code Resolution 2020-7