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HomeMy WebLinkAboutRESO 9059Resolution No. 9059 Resolution of Intention of the Council of the City of Palo Alto to Approve an Amendment to Contract with the Board of Administration California Public Employees' Retirement 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, the City of Palo Alto ("City") contracts with the Public Employees' Retirement System and desires to amend its contract; 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 . follows: WHEREAS, the following is a statement of the proposed change: To provide section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members hired into a miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as SECTION 1. The City Council hereby gives notice of its intention to approve an amendment to the contract between the City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as Exhibit "A" and by this reference made a part hereof. II II II II II 100518 sh 8261314 1 PLEASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1942 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 election to file for bar)kruptcy under Chapter. 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election 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. PLEASE DO NOT SlGN tt~XHnltr ONL't" (g) Changes sponsored by Public Agency in existing rettrement benefits. provisIons or formulas made as a result of amendments. additions or deletions to Califomia statute or to the Callfomia Constitution. 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: a. PROJECT PROFESSIONAL; PROJECT MANAGER; PROJECT TECHNICIAN; PROJECT ASSISTANT; PROJECT LABORER; LANDSCAPE MAINTENANCE TRAINEE; LIBRARY PAGE; WATER SAFETY INSTRUCTOR IUFEGUARD; RECREATION LEADER; AND POOL MANAGER HIRED ON OR AFTER OCTOBER 14, 1999. 6. The percentage of final compensation to be provided for each year of credited prior· and current service as a local miscellaneous member in employment before and not on or after January 6, 2007 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after January 6t 2007 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 FUll). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 9. 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 21362.2 of said Retirement Law (3% at age 50 Full). PLEASE DO NOT SiGN tlEXHIB1T ONLY" 10. Public Agency elected and elects to be subject to the following optional provisions; a. Section 21571 (Basic Level of 1959 Survivor Benefits). b. Section 21222.1 (One-Time 5% Increase· 1970). Legislation repealed said Section effective January 1. 1980. c. Section 21222.2 (One-Time 5% Increase -1971). Legislation repealed said Section effective January 1, 1980. d. Section. 21319 (One-lime 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002. e. Section 21325 (One-lime 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. f. Section 20042 (Ooo-Year Final Compensation). g. Section 21317 (One-Time 15% Increase for Certain Local Safety Members Who Retired for Service Retirement). LegIslation repealed said Section effective January 1. 2002. h. Section 21326 (One-Time 1% to 7% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1. 2002. i. Section 21024 (Military Service Credit as PubUc Service). j. Section 20692. (Employer Paid Member Contributions Converted to Payrate During the Final Compensatio.n Period) for local miscellaneous members and local safety members in the following groups: local miscellaneous members who are Management and confidential employees; Local police members who are Management and confidential employees; Local fire members who are Management and confidential employees; Local miscellaneous members represented by local 715, SEIU AFL-CIO and CLC; and PLEASE DO NOT SIGN "EXHtB'T ONLY!! Local ponce members represented by the Palo AHo Peace Officer's Association. k. Section 20434.5 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perform hazardous materials services as described in Government Code Section 20434.5). I. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local fire members only. " m. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time In the mIscellaneous classification after the effective date of this amendment to contract. 11. Public Agency. in accordance with Govemment Code Section 20790, ceased to be an Ifemployer" for purposes of Section 20834 effective on September 11 t 1977. 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. 12. Public Agency shalt contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to I~cal miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. 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 I costs of special valuations or of the periodic investigation and valuations required by law. b. 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. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account qf 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. ** NOT YET APPROVED ** Ordimince No. --'-- Ordinance of the Council of the City of Palo Alto Authorizing an Amendment to the Contract with the Board of Administration of the California Public Employees' Retirement System The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. An amendment to the contract between the Council of the City of Palo Alto and the Board of Administration, California Public Employees' Retirement System· is hereby authorized, a copy of said amendment being attached hereto as Exhibit "A," and by such reference made a part hereof as though herein set out in full. SECTION 2. .The· City Manager of the City of Palo Alto is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Deputy City Attorney 100512 sh 8261315 This ordinance shall be effective on the thirty-first day after the Mayor APPROVED: City Manager Director of Human Resources Director of Administrative Services 1 PLEASE DO NOT SIGN uEXHIBIT ONLY" 2. Public Agency shall participate In the Public Employees' Retirement System from and after January 1 f 1942 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 caUfomia 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 retlrement benefits, provisions, or fonnulas that are different than the retlrement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election 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 election 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 provfsion of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CsIPERS' 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. PLEASE DO NOT SlGN ttEXH\9\T ONLYII (g) Changes sponsored by Public Agency In existing retirement benefits, proVisions or formulas made as a result of amendments, additions or deletions to Califomia statute or to the California Constitution. 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; a. PROJECT PROFESSIONAL; PROJECT MANAGER; PROJECT TECHNICIAN; PROJECT ASSISTANT; PROJECT LABORER; LANDSCAPE MAINTENANCE TRAINEE; LIBRARY PAGE; WATER . SAFETY INSTRUCTOR /lIFEGUARD; RECREATION LEADER; AND POOL MANAGER HIRED ON OR AFTER OCTOBER 14. 1999. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member 1n employment before and not on or after January 6, 2007 shall be determined In accordance with Section 21354 of said Retirement Law (2% a1 age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after January 6, 2007 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined In accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 9. 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 21362.2 of said Retirement Law (3% at age 50 FUll). F-LEA5E DO hl0T S!Gl\j !!S<HIBIT ONLY" 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21571 (Basic Level of 1959 Survivor Benefits). b. Section 21222.1 (One-Time 5% Increase ~ 1970). Legislation repealed said Section effective January 1, 1980. c. Section 21222.2 (One-Time 5% Increase -1971). Legislation repealed said Section effective JanuarY 1, 1980. d. Section 21319 (One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1 J 1971). Legislation repealed said Section effective January 1, 2002. e. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retlred or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. f. Section 20042 (One-Year Final Compensation). g, Section 21317 (One-Time 15% Increase for Certain Local Safety Members Who Retired for Service Retirement). Legislation repealed said Section effective January 1 , 2002. h. Section 21326 (One-Time 1% to 7% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to July 1. 1974). legislation rep~led said Section effective January 1 J 2002. \ i. Section 21024 (Military Service Credit as Public Service). 1. Section 20692 (Employer Paid Member Contributions Converted to Payrate During the Final Compensation Period) for local miscellaneous mem.,ers and local safety members in the following groups: . Local miscellaneous members who are Management and confidential employees; Local police members YJho are Management and . confidential employees; Locat fire members who are Mana~ement and confidential employees; Local miscellaneous members represented by local 715. SEIU AFL-CIO and CLC: and PLEf\SE DO NOT SiGr~ "[XH1£';1'r 01\llY" local police members represented by the Palo Alto Peace Officer's Association. k. Section 20434.5 ('Ilocal Fire Fighte .... shall include any officer or employee of a fire department employed to perform hazardous materials services as described in Government Code Section 20434.5). I. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local fire members only. m. Section 20475 (Different level of Benefits). Section 21353 (2% @ 60 Furl formula) is applicable to focal miscellaneous members entering membership for the first time In the miscellaneous classification after the effective date of this amendment to contract. 11. Public Agency, in accordance with GovernmenfCode Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on September 11, 1977. Accumulated contributions of P~blic Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided In Government Code Section 20834. 12. PubJjc 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. 13. Public Agency shall also contribute to said Retirement System as follows: a. 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 spedal valuations or of the periodiC investigation and valuations required by law. b. A reasonabJe 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. 14. Contributions required of Public Agency and, its employee~ 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.