HomeMy WebLinkAbout _ 9.15(b)--Resolution of Intention and Ordinance - CalPERS GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: August 15, 2023 FROM: Kari Kibler,Personnel
ITEM NO. 9.15(b) Director
***APPROVED BY***
�,
.
� °
�y �� � s�����
,...
� i�lei-,P�rsan�zel I7ia��t�r 8J312423 ��� �r}r ippin,Ci ��� �na � �� �1712423
kkibler@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.15(b)--Consider Resol�ution of Intention and Introd�uction of Ordinance
amending the City of Redding's Contract (C-99) with the California Public Employees'
Retirement S stem.
Recommendation
Adopt Resolution of Intention; and offer an Ordinance for first reading by title only and waive
the fu11 reading, giving notice of the City of Redding's intent to amend the contract (C-99) with
California Public Employees Retirement System as allowed in Section 20516 of the Public
Employees' Retirement Law (Employees Sharing Additional Cost) for classic local
miscellaneous members in the International Brotherhood of Electrical Workers AFL-CIO —
Power Production Unit; waive the full reading; and direct the City Attorney to prepare and the
City C1erk to publish a summary ordinance according to law.
Fiscal Impact
There is no fiscal impact by adopting the resolution for the additional cost sharing. The
resolution reflects the City Council's (Council)previous action.
Alternative Action
The Council could choose not to adopt the attached resolution and not introduce for reading by
title only the attached ordinance, in which case, the City of Redding's (City) California Public
Employees Retirement System (Ca1PERS) contract for International Brotherhood of Electrical
Workers (IBEW)-Power classic miscellaneous employees would not be changed.
Background
On April 4, 2023, the Council adopted Resolution 2023-032 approving the Memorandum of
Understanding with the IBEW-Power Produetion Unit. Pursuant to the agreement, employees
have agreed to additional cost sharing of employer contributions to the Ca1PERS. The Classic
CaIPERS miscellaneous members agreed to pay a total of 2.125 percent of the City's employer
contribution.
Report to Redding City Council August 10,2023
Re: 9.15(b)--Resolution of Intention and Ordinance - Ca1PERS Page 2
In order for the City to amend its contract with Ca1PERS, there is a requirement by Ca1PERS that
specific procedures established by the State's statute be followed to initiate new retirement
contract amendments. Approval of the Resolution of Intention initiates the process for the
contract amendment. Ca1PERS requires that the City adopt this Resolution of Intention at least
20 days prior to adopting an Ordinance that approves the contract amendment. Attached is the
proposed Ordinance authorizing an amendment to the contract between the Board of
Administration of Ca1PERS and the Council of the City. This is the first reading of the
Ordinance, a second and final reading wi11 follow for adoption of the cost share agreement.
The cost-sharing modification is permitted in Government Code Section 20516 and the pre-tax
contributions are consistent with IRS Code Section 401(a). Per the Ca1PERS amendment
process, staff will seek final adoption of the ordinance at the September 5, 2023, Council
meeting with an e�fective date of the CaIPERS contract amendment being October 15, 2023.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Budget and Financial Management — "Achieve balanced and stable 10-year Financial
Plans for all funds."
Attachments
^CaIPERS Resolution of Intention
^Resol�ution of Intention Signat�ure Page
^Cost Sharing Ordinance
Amendment to CaIPERS Contract- Exhibit (C-99)
RESO�UTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBUC EMP�OYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF REDDING
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Pubiic Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said pubiic
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 contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost) of
2.125% for classic local miscellaneous members in the
Internationa) Brotherhood of Electrical Workers AFL-CIO — Power
Production Unit.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency 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.
By:
Presiding Officer
Title
Date adopted and approved
(Amendment)
CON-302(Rev.3/9/2016 rc)
I HEREBY CERTIFY that the �oregoing resolution was introduced and adopted at a regular
meeting of the City Council on the 15th of August, 2023,by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:
SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF REDDING AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
The City Council of the City of Redding does ordain as follows:
Section 1. That an amendinent to the contract between the City Council of the City o�
Redding and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment on file in the City Clerk's Office, and by such
reference made a part hereof as though herein set out in fu11.
Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior
to the expiration of 15 days from the passage thereof shall be published at least once in the Redding
Record Searchlight, a newspaper of general circulation, published and circulated in the City of
Redding, and thenceforth and thereafter the same shall be in full force and effect.
I HEREBY CERTIFY that this Ordinance was introduced and read at a regular meeting of
the City Council of the City of Redding on the 15�h day of August, 2023, and was read and adopted
at a regular meeting of the City Council on the day of , 2023, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUlYCIL MEMBERS:
MICHAEL DACQUISTO,Mayor
ATTEST: FORM APPROVED:
SHARI,ENE TIPTON,City Clerk BARRY E.DeWALT, City Attorney
i�
Ca1PERS
�XHIBIT
Califomia
Pubiic Employees' Retiremenf System
�
��������� �� �������
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Redcling
�
The Board of Administration, California Public Employees' Retiremenf System,
hereinafter referred to as Board, and the go�erning body af the abave public agency,
hereinafter referred to as Public Agency, having entered intn a contract effective Jan�ary
1, �954, and witnessed ❑ecember 8, 1953, and as amended effective October 1, 1956,
June 1, 1962, March 2�, 1965, Qctober 27, 1968, January 1, �969, Qecember 19, 1971,
February 1, 1974, December 26, 197fi, ,luly 1, 1977, Novem�er 26, 1978, April 1, 1979,
July 6, 1980, July 5, 1981, January 3, 1982, March 27, 1983, ,�une 3Q, 1985, June 29,
7 986, December 1, 1989, January 6, 1995, May 19, 1995, February 8, 1998, July 3, 1998,
February 2, 2001, November 24, 2002, December 8, 2002, Se�tember $, 2Q12,
September 25, 2Q16, January 1, 2017, Qctober 21, 2Q18, July 14, 2Q19, November 17,
2Q19, March 22, 2020, July 26, 202Q, December 27, 2Q20, September 19, 2Q21,
December 26, 202'#, August 21, 2022, and January 8, 2023, which provi�es for
participation of Public Agency in said System, Board and Pub�ic Agency l�ereby agree as
follows:
A. Paragraphs 9 through 18 are hereby stricken from said contract as execu#ed
effective January 8, 2Q23, and hereby replaced by the fallowing paragraphs
numbered 1 through 18 inclusive:
�� All words and terms used herein which are defined in the �ubGc Employees'
Retirement Law shall have the meaning as defined therein unless ot�erwise
specifically pro�ided. "Normal retirement age"shall mean age 55 for classic
local miscellaneous members, age 62 for new local misceHaneous
members, age 50 for classic local safety members enteri�g membership in
the safety classification on or prior to September 8, 2012, age 55 for classic
local safety members entering membership for the first time in the safety
classification after September 8, 2012, and age 57 for new local safety
members.
�a Public Age�cy shall participate in the PubHc Employees' Retirement System
from and after January 9, �954, making its emp�oyees as hereinafter
provided, members of said System subject to afl pravisions 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 pro�isions
thereof, apply only on the election of a contracting agency.
�a Pubiic Agency agrees to indemnify, defend and hold harmless the California
Public Employees' Re#irement System (CaIPERS) and its trustees, agents
and em�loyees, the CaIPERS Board of Administration, and the California =
Pubfic Employees' Retirement Fund from any claims, demands, actions,
losses, liabilities, damages, judgments, expenses and costs, including but
not limited to interest, penalties and attorney fees that may arise as a result
of any of the following:
{a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas pro�ided under the
Public Agency's prior non-CaIPERS retirement �rogram.
(b} Any dispute, disagreement, cfaim, or proceeding (including
wEthout limitation arbitration, administrati�e hearing, or fitigation)
betwesn Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Con#ract to provide retirement benefits, pro�isions or
-formulas that are different than such employees' existing
re#iremenf benefits, pro�isions or formulas.
(c} Public Agency's agreement with a third party ather than CaIPERS
to pro�ide retirement beRefits, provisions, or formuias that are
different thar� the retirement benefits, pro�isions or formulas
�rovided under this Contract and pro�ided #or under the California
Public Employees' Retirement Law.
4. Employees of Public Agency in the follawing classes shali become
members of said Retirement Sys#em except such in each such class as are
excluded by law or this agreement:
a. Local Fire Fighters {herein referred to as local safe#y members);
b. Local Police �fficers {herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local misceflaneous members).
5. [n addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shalf no# become
members of said Reti�ement System:
NO AQDIT[ONAL EXCLUSIONS
6. Prior#o January �, 1975, those members who were hired by Public Agency
'on a temporary andlor seasonal basis not to exceed 6 months were
excluded from PERS membership by contract. Go�ernment Code Section
20336 superseded this contract pro�ision by p�o�iding tl�at any such
temporary andlor seasonal emplayees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Sec#ion with Government Code Section 20305 effecti�e July
1, 1994.
7. This contract shall be a continuation of the benefits of the contract of the
Cascade Community Services District and the Enterprise Public Utility
District, hereinafter referred to as "Former Agencies," pursuant to Section
20508 of the Go�err�ment Code, Former Agencies having ceased ta exist
and succeeded by Public Agency on June 23, 1976, and December 22,
197fi, respecti�ely. Pubfic Agency, by this contract amen�ment dated July
9, '�977, assumes the accumulated contributions and assets d�rived
therefrom and liability for prior and c�rrent senrice under Former Agencies'
contracts with respect to the Former Agencies' employees. Legislation
repealed Section 2D508, Statutes of 1949, effecti�e January 1, 1988.
8. The percentage of final compensation to be provided for each year of
credited prior and current seniice for classic local miscellaneous members
shall be �etermined in accordance with Section 21354 of said Retirement
Law, su�ject to the reduction pro�ided therein for service on and aftEr
January 1, 1969, the effective date of Social Security co�erage, and prior to
December 31, 1981, termination of Social Sec�rity, for members whose
service has been included in Federal Social Security(2% at age 55 Full and
Modified).
9. The percentage o# final compensation to be praVided far each year of
credited prior and current service as a new Iocal miscellaneaus member
shali be determined in accordance with Section 7522.2{} af said Retirement
Law (2% at age 62 Full).
1 p: The percentage of �nal compensation to be provided for each year of
credited prior and current servEce as a classic local safety member entering
membership in the safety classifica#ion on or prior to September 8, 2012,
shalf be determined in accordance with Section 21362.2 of said Retirement
l.aw (3% at age 50 Full).
11. - The percentage of final compensation to be pro�ided for each year af
credited current service as a classic local safety member entering member
for the first time in the safety classi�cation after September 8, 2012, shall
be determined in accordance with Section 213fi3.1 of said Retirement Law
(3% at age 55 Full).
12. The percentage of final compensation to be provided for each year of
credited prior and current senrice as a new Iocal safety member shalE be
determined in accordance with Section 7522.25(d) of said Re#irement Law
(2.7% at age 57 Full}.
�3. Public Agency elected and elects to be subject to the foliowing optional
provisions:
a. Section 21222:1 (One-Time 5% Inc�ease - 197Q). Legislation
repealed said Section effective January 1, 1980.
b. Section 21024 {Military Seruice Credit as Public Service).
c. Sec#ian 20965 (Credit for Unused Sick Leave}.
d. Section 20�42 (One-Year Final Compensatian) for classic Iocal
miscellaneaus members and for those classic local safety members
entering membership on or prior to September 8, 2012.
e. Sections 21624, 2162fi and 21 fi28 {Post-Retirement Survivor
Allowance).
f. Section 21427 {Improved Nanindustrial Disability Al�owance} for
local safety members only.
�. Section 20614, Statut�s of 1978, {Reduction of Normal Member
Contribution Rate). From November 26, 1978, and until March 31,
1979, the normal local miscellaneous member and local safety
member contribution rates shal� be reduced by 1%; from April 1,
1979, thraugh Jufy 5, �98Q, the normal local miscellaneaus members
and loca! safety member contribution rates shal! be reduced by 2%;
from J�ly 6, 1980, through January 2, 1982, the normal local
miscellaneous member contribUtion rate shall be reduced by 3%;
and from July 6, 19$0, through March 26, 1983, the normal local
safety member cantribution rate shall be reduced by 3%. Legislation
repealed said Section effec#ive September 29, 1980.
�. Section 2069Q, Statutes of 1980, (To Prospecti�ely Re�oke Section
2Q614, Statutes of 1978).
�o Section 21574 (Fourt� Le�el of 1959 Survivar Benefits) for local
safety members only.
�o Section 21574.5 {Indexed Le�el of 1959 Surviuor Benefits) for local
misceilaneous members only.
�C. Section 20475 (Different Le�el of Benefits): Sectior� 21363.1 (3°/a @
55 Full formula) and Section 20037 (Three-Year Final
Compensation} are applicable to classic local safety mernbers
entering membership for the first time with t�is a�ency in the safety
classification after September 8, 2012.
IQ Section 20516 (Employees Sharing Additional Cos#}:
From and after September 25, 2Q�6, 1%o far classic local
miscellaneaus members in tf�e Redding Peace O�cers' Association.
From and after September 25, 2016, 3%o for classic local police
members in the Redding Police Managers Association.
From and after January 1, 2Q17, 3% for ciassic local police mernbers
in the Redding Peace Officers' Assaciation.
From and after Qc#ober 21, 2018, 3% for class�c �ocal fire members
in the United Public Employe�s of Califorr�ia, Local 792 Redding Fire
Management Unit.
From and after July 14, 2Q19, 1% for c�assic local miscellaneous
members in the Redding Peace Officers Association.
From and after July 14, 2019, 7% for classic local miscellaneous
members in the Redding Independent Employees' Organization
Clerical, Technical and Professional Unit.
From and after July 14, 2019, 1% far classic local miscellaneous
members in the Redding �ndependent Employees' Organization
Super�isorylConfdential Uni#.
From and after No�ember 17, 2019, 3% for classic iocal fire
members in the International Association of Firefighters.
From and after March 22, 2420, 1.275% for classic Jocal
miscellaneous members in the United Public Empioyees of California
Local 792 Technical Employees Unit.
From and after March 22, 2020, 1.275% for classic local
miscellaneous members in the InternatiQnal Brotherhood of
Electrical Workers AFL-CIO - Electric Department.
From and after March 22, 2020, 1.275% for classic local
miscellaneous members in the International Brotherhood of
Electrical Workers AFL-CIO - Maintenance Employees.
From and after July 26, 2020, and until September 19, 2021, 3% far
classic local safety members in the Unre�resented Public Safety
Management group.
from and after December 27, 202Q, and until August 21, 2Q22, 1%
for classic local miscellaneous members in the Unrepresented Non-
Safety Employees and Elected Officials group. ,
From and after September 19, 2021, and untl December 26, 202�,
4.5% for classic local safety members in the Unrepresented Public
Safety Management group.
From and after December 26, 2021, and until January8, 2023, 6.5%
for classic local safety members in the Unrepresented Public Safety
Management group.
From and after August 2�, 2022, 2.125% for classic local
miscellaneous members in #he Unrepresented Non-S�fety
Employees and Elected Officials group.
From and after January 8, 2Q23, $.5% for classic local safety
members En the Unrepresented Public Safe#y Management group.
From and after the effective date of this amendment to contract,
2.125% for classic loca! miscellaneous members in the International
Brotherhood of Electrical Worke�s AFL-CIO—Power Productian Un�t.
The portion of the em�loyer's contribution that the member agrees
to cantribute from his ar her com�ensation, over and above the
member's normal cor�tribution ("Cost Sharing Percentage"), shall not "
exceed the Employer Normal Cost Rate, as that rate is defined in the
CaIPERS Actuarial Valuation for the relevant fiscal year. If the Cost
Sharing Percentage wll exceed the relevant Ern�loyer Norrnal Cost
Rate, the Cost Sharing Percentage shal! automatically be reduced to
an amount equal to, and not to exceed, the Emp�oyer Normal Cost
Rate for the rele�ant fiscal year.
14. Public Agency, in accordance with Goaernment Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effecti�e on
December 26, 1976. Accumulated contribu#ions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834, ar�d
accumula�ed contributions thereafter shall be held by the Board as provided
in Government Code Section 20834.
15. Public Agency shall contribute to said Retirernent System the contributions
determined by actuarial valuatEons of prior and future service liability with
respect to local miscelfaneous members and local safety members of said
Reti�ement System.
1fi. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonabfe amount, as fixed by the Board, Payable in one
instaliment 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 speciaa valuations or of the
periodic ir�vestigation and valuations required by law.
b. A reasonable amount, as fixed by the Board, payable in one
installmer�t as the occasions arise, to co�er the costs of specia!
valuations on account of empfoyees of Public Agency, and costs of
the periodic investigation and valuations required by law.
17. Contributions required of Public Agency and its employees shall be subject
` to adjustment by Board or� account of amendments to the P�blic
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic in�estiga#ion and
�aluation required by said Re#irement Law.
18. Contributions required af Public Agency and its employees shap be paid by
Public Agency to the Retirement System within fifteen days after the end of
the period to which said cantributians refer or as m�y be prescribed by
-Board reg�lation. If more or less than the correct amount of contr�butions
is paid fvr any p�riod, proper ad�ustment shall be made in connection with
subsequent remittances. Adjustm�nts on account of errors in contributions
required vf any emplayee may be made by direct payments befinreen the
employee and the Board.
B. This amendment shall be effective an the day of , :
BQARD QF ADMINISTRATI4N GITY C4fJNCIL
PUBE.IG EMPLQYEES' RETIREMENT SYSTEM GITY C?F REQQING
BY BY
MEL4QY BENAVIDES, GHIEF �, PRESIDING OFFICER ,��`
PENSIQN CONTRAGTS A�EFUNDING 0�1�'
PRQGRAMS DIVIS�QN �� `��'<
PUBLIG EMPLQYEE�TIREMENT SYSTEM ,��.
5��� � �
0�,�� Wi#ness Date �.�
O �
Q,S�' Attest: �q�
Q�'� k,P�'
Q�
Clerk
AMENDMENT CaIPERS ID#4091792151
PERS-CON-702A