HomeMy WebLinkAboutR-11092 approving an amendment to the Contract between the City of SLO and the Board of Administration for CalPERSRESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SAN LUIS OBISPO
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 20516 (Employees Sharing Additional Cost) of an
additional 1.5% for local miscellaneous members in the International
Association of Firefighters Local 3523, Unrepresented Management
group and Unrepresented Confidential group; an additional 1.5% for
local fire members in the International Association of Firefighters Local
3523; and an additional 1.5 % for local safety members in the
Unrepresented Management group.
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.
Title
Date adopted and approved
(Amendment) CON -302 (Rev. 3/9/2016 re)
R 11092
Resolution No. 11092 (2020 Series)
A
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 San Luis Obispo
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 July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January
16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987, November
16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000, September
21, 2001, March 28, 2002, July 18, 2002, January 30, 2003, February 27, 2003, July 14,
2005, December 29, 2005, August 30, 2012, December 6, 2012 and July 11, 2019 which
provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 19 are hereby stricken from said contract as executed
effective July 11, 2019, and hereby replaced by the following paragraphs
numbered 1 through 19 inclusive:
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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 classic
local miscellaneous members entering membership in the miscellaneous
classification on or prior to December 6, 2012, age 60 for classic local
miscellaneous members entering membership for the first time in the
miscellaneous classification after December 6, 2012 and age 62 for new
local miscellaneous members; age 50 for classic local police members and
for those classic local fire members entering membership in the fire
classification on or prior to August 30, 2012, age 55 for classic local fire
members entering membership for the first time in the fire classification after
August 30, 2012 and age 57 for new local safety members.
2 . Public Agency shall participate in the Public Employees' Retirement System
from and after July 1, 1952 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 (CalPERS) 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 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 provided under the
Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including
without limitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas that are different than such employees' 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.
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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:
a. CROSSING GUARDS.
6 . The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment before and not on or after January 30, 2003 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 classic local miscellaneous member
in employment on or after January 30, 2003 and not entering membership
for the first time in the miscellaneous classification after December 6, 2012
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 classic local miscellaneous member entering
membership for the first time in the miscellaneous classification after
December 6, 2012 shall be determined in accordance with Section 21354
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 new local miscellaneous member
shall be determined in accordance with Section 7522.20 of said Retirement
Law (2% at age 62 Full).
10 . The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local fire member entering
membership in the fire classification on or prior to August 30, 2012 and for
those classic local police members entering membership in the police
classification on or prior December 6, 2012 shall be determined in
accordance with Section 21362.2 of said Retirement Law (3% at age 50
Full).
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11. The percentage of final compensation to be provided for each year of
credited current service as a classic local fire member entering membership
for the first time in the fire classification after August 30, 2012 shall be
determined in accordance with Section 21363.1 of said Retirement Law (3%
at age 55 Full).
12 . The percentage of final compensation to be provided for each year of
credited current service as a classic local police member entering
membership for the first time in the police classification after December 6,
2102 shall be determined in accordance with Section 21362 of said
Retirement Law (2% at age 50 Full).
13 . The percentage of final compensation to be provided for each year of
credited prior and current service as a new local safety member shall be
determined in accordance with Section 7522.25(d) of said Retirement Law
(2.7% at age 57 Full).
14. Public Agency elected and elects to be subject to the following optional
provisions:
a . Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b . Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only
c . Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local safety members only.
d . Section 20965 (Credit for Unused Sick Leave).
e . Section 20042 (One-Year Final Compensation) for classic local fire
members entering membership on or prior to August 30, 2012 and
for those classic local police members and classic local
miscellaneous members entering membership on or prior to
December 6, 2012.
f . Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
g . Section 21024 (Military Service Credit as Public Service).
h . Section 21548 (Pre-Retirement Option 2W Death Benefit).
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i. Section 20475 (Different Level of Benefits). Section 21363.1 (3%@
55 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local classic fire members entering
membership for the first time with this agency in the fire classification
afterAugust30,2012.
Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-
Year Final Compensation) are applicable to classic local
miscellaneous members entering membership for the first time with
this agency in the miscellaneous classification after December 6,
2012.
Section 21362 (2% @ 50 Full formula) and Section 20037 (Three-
Year Final Compensation) are applicable to classic local police
members entering membership for the first time with this agency in
the police classification after December 6, 2012
j. Section 20516 (Employees Sharing Additional Cost):
From and after July 11, 2019 and until the effective date of this
amendment to contract, 1.5% for local miscellaneous members in
the International Association of Firefighters Local 3523,
Unrepresented Management group and Unrepresented Confidential
group.
From and after July 11, 2019 and until the effective date of this
amendment to contract, 1.5% for local fire members in the
International Association of Firefighters Local 3523.
From and after July 11 , 2019 and until the effective date of this
amendment to contract, 1.5% for local safety members in the
Unrepresented Management group.
From and after the effective date of this amendment to contract, 3%
for local miscellaneous members in the International Association of
Firefighters Local 3523, Unrepresented Management group and
Unrepresented Confidential group.
From and after the effective date of this amendment to contract, 3%
for local fire members in the International Association of Firefighters
Local 3523.
From and after the effective date of this amendment to contract, 3%
for local safety members in the Unrepresented Management group.
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The portion of the employer's contribution that the member agrees
to contribute from his or her compensation, over and above the
member's normal contribution ("Cost Sharing Percentage"), shall not
exceed the Employer Normal Cost Rate, as that rate is defined in the
CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost
Sharing Percentage will exceed the relevant Employer Normal Cost
Rate, the Cost Sharing Percentage shall automatically be reduced to
an amount equal to, and not to exceed, the Employer Normal Cost
Rate for the relevant fiscal year.
15 . Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on June
1, 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.
16. 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.
17. 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 21573 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 fire
members.
b. 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
miscellaneous members and local police 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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B.
18 . 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.
19 . 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.
This amendment shall be effective on the __ day of _________ _
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN UIS OBISPO
BY BY__,c,,.._-4-,.._~1=:a-4--------
ARNITA PAIGE, CHIEF PR
PENSION CONTRACTS AND PREFUNDING
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT CalPERS ID #7574628515
PERS-CON-702A
Witness Date
Attest:
ChN~~ Clerk
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