HomeMy WebLinkAboutReso 2012-067 - Cal PERS
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SIGNA TURE PAGE
RESOLUTION NO. 2012-067
NOTICE OF INTENTION AMEND CONTRACT WITH
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular
meeting of the City Council on the 17th day of July, 2012, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bosetti, Jones, McArthur, Sullivan & Dickerson
None
None
None
c/2J-dRtLe--
DICK DIC RSON, Mayor
ATTEST:
FORM APPROVED:
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PAMELA MIZE, City lerk
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RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' 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 Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public 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 20475 (Different Level of Benefits).
Section 21363.1 (3% @ 55 Full formula) and Section 20037
(Three-Year Final Compensation) are applicable to local
safety members entering membership for the first time in
the safety classification after the effective date of this
amendment to contract.
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: cJ;Lr ~
Presiding Officer
July 17, 2012
Date adopted and approved
Dick Dickerson, Mayor
Title
(Amendment)
CON-302 (Rev. 4/96)
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CalPERS
EXHIBIT
California
Public Employees' Retirement System
+.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Redding
.
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
January 1, 1954, and witnessed December 8, 1953, and as amended effective October
1,1956, June 1,1962, March 21,1965, October 27,1968, January 1,1969, December
19, 1971, February 1, 1974, December 26, 1976, July 1, 1977, November 26, 1978,
April 1, 1979, July 6, 1980, July 5, 1981, January 3, 1982, March 27, 1983, June 30,
1985, June 29, 1986, December 1, 1989, January 6, 1995, May 19, 1995, February 8,
1998, July 3, 1998, February 2, 2001, November 24, 2002 and December 8, 2002 which
provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective December 8, 2002, and hereby replaced by the following paragraphs
numbered 1 through 16 inclusive:
1. 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, age 50 for local safety
members entering membership in the safety classification on or prior to
the effective date of this amendment to contract and age 55 for local
safety members entering membership for the first time in the safety
classification after the effective date of this amendment to contract.
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 1, 1954 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 hereafter enacted except those. which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees. agents and employees, the CalPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands. actions, losses, liabilities, damages. judgments, expenses and
costs. including but not limited to interest. penalties and attorneys 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 provided under
the Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas..
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits. provisions, or formulas
that are different than the retirement benefits. provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's eJection to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's eJection to reject this
Contract with the CalPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
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4. 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 agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. 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:
. NO ADDITIONAL EXCLUSIONS
6. 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 superseded 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.
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 Government Code, Former Agencies having ceased to exist
and succeeded by Public Agency on June 23, 1976 and December 22,
1976, respectively. Public Agency, by this contract amendment dated July
1, 1977, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former Agencies'
contracts with respect to the Former Agencies' employees. Legislation
repealed Section 20508, Statutes of 1949, effective January 1, 1988.
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after January
1, 1969, the effective date of Social Security coverage, and prior to
December 31, 1981, termination of Social Security, for members whose
service has been included in Federal Social Security (2% at age 55 Full
and Modified).
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9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member entering
membership in the safety classification on or prior to the effective date of
this amendment to contract shall be determined in accordance with
Section 21362.2 of said Retirement Law (3% at age 50 Full).
10. The percentage of final compensation to be provided for each year of
credited current service as a local safety member entering membership for
the first time in the safety classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21363.1 of said Retirement Law (3% at age 55 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 21024 (Military Service Credit as Public Service).
c. Section 20965 (Credit for Unused Sick Leave).
d. Section 20042 (One-Year Final Compensation) for local
miscellaneous members and for those local safety members
entering membership on or prior to the effective date of this
amendment to contract.
e. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance).
f. Section 21427 (Improved Nonindustrial Disability Allowance) for
local safety members only.
g. Section 20614, Statutes 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 shall be reduced by 1 %; from April 1,
1979 through July 5. 1980, the normal local miscellaneous
members and local safety member contribution rates shall be
reduced by 2%; from July 6, 1980 through January 2, 1982, the
normal local miscellaneous member contribution rate shall be
reduced by 3%; and from July 6, 1980 through March 26, 1983, the
normal local safety member contribution rate shall be reduced by
3%. Legislation repealed said Section effective September 29.
1980.
h. Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978).
i. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
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j. Section 21574.5 (Indexed level of 1959 Survivor Benefits) for local
miscellaneous members only.
k. Section 20475 (Different level of Benefits). Section 21363.1 (3%
@ 55 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local safety members entering
membership for the first time in the safety classification after the
effective date of this amendment to contract.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 26, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
13. 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.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 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 term insurance rates, for survivors of all
local safety members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574.5 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 term insurance rates, for survivors of all
local miscellaneous members.
c. 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.
d. 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, and costs of
the periodic investigation and valuations required by law.
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15. 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.
16. 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.
8. This amendment shall be effective on the _ day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF REDDING
BY BY
KAREN DE FRANK, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS ID #4091792151
PERS-CON-702A