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HomeMy WebLinkAbout07/06/1993, C-5 - AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO PROVIDE SECTION 20818 (TWO YEARS ADDITIONAL SERVICE CREDIT) FOR LOCAL MISCELLANEOUS MEMBERS. Illlu^I��I�IIIIIII�I IIUI�I MEETING DATE: IIII ii city or san Luis oBIspo 7/6/93 COUNCIL AGENDA REPORT ITEM NUMBER FROM Ann Slate, Personnel Director PREPARED BY: Wendy George, Personnel Analyst SUBJECT: Amendment to the contract between the City of San Luis Obispo and the Public Employees' Retirement System (PERS) to provide Section 20818 (Two Years Additional Service Credit) for local miscellaneous members. CAO RECOMMENDATION: Give passage to Ordinance No. 1241 amending our contract with the Public Employees' Retirement System to add Section 20818. DISCUSSION: The Council took action at its meeting of June 8, 1993, to introduce to print Ordinance No. 1241 which amends the City's contract with PERS to include Section 20818 (Two Years Additional Service Credit) for local miscellaneous members. Under this section, eligible employees who are retiring in lieu of layoff are eligible to receive two additional years of service credit. FISCAL IMPACT: The employer cost of this benefit is directly related to the age and annual pay rate of the employees retiring. PERS will perform a valuation on an individual basis to determine the actual cost for each employee. It is estimated that the cost to the City would average approximately $16,000 per employee electing this option. Additionally, there is a $10.00 fee for each valuation performed. Cost of including this benefit in an employee's severance package is provided'for in the Financial Plan. ALTERNATIVES: Leave the contract as it currently exists, without the option of providing two additional years of service credit for employees retiring in lieu of layoff. Without this option, retirement benefits would be less for those employees. Attachment: Ordinance 1241 Ordinance Summary ORDINANCE NO. 1241 (1993 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETRZEMENT SYSTEM WHEREAS, the City of San Luis Obispo wishes to provide a benefit for certain employees who are choosing to retire in lieu of being laid off for budgetary reasons; and WIEREAS, the City Council has passed a Resolution of Intention to approve an amendment to the contract between the City of San Luis Obispo and the Board of Administration of the Public Employees' Retirement System to provide Section 20818 (Two Years Additional Service Credit) for local miscellaneous members; BE IT NOW ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That an amendment to the contract between the City Council of the City of San Luis Obispo and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of San Luis Obispo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. A synopsis of this ordinance, together with the names of councilmembers voting for and against, shall be published once in full, at least five(5)days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 8th day of .rune , 1993, on motion of 0-1241 -��� Ordinance No. 1241 (1993 Series) Contract Amendment with the Public Employees' Retirement System Page 2 Council Member Romero , and seconded by Council Member Ray-Da , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None Mayor Aeg Pinard ATTEST: 2�i�- , & CitX16rg Diane R. G dwell APPROVED: City Ad istrative Officer CityAtto ey �-5-3 PLEASE .DO NOT SIGN "EXHIBIT ONLY` AMENDMENT TO CONTRACT COPY BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of 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 and November 16, 1989,which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through I 1 are hereby stricken from said contract as executed effective November 16, 1989, and hereby replaced by the following paragraphs numbered 1 through 12 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 60 for local miscellaneous members and age 50 for 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. 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). 4. 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. C'-51A' PLEASE DO NOT SIGN "EXHIBIT ONLY" 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. 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 21252.01 of said Retirement Law (2% at age 50 Full). 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387(1959 Survivor Benefits) including Section 21382.4(Third Level of 1959 Survivor Benefits). b. Sections 21263 and 21263.1 (Post-Retirement Survivor Allowance) for local safety members only. C. Section 20862.8 (Credit for Unused Sick Leave). d. Section 20024.2 (One-Year Final Compensation) for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. e. Section 20461.6(Different Level of Benefits). Section 20024.2 (One-Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986 and to local police members entering membership after July 23, 1987. f. Section 20818 (Two Years Additional Service Credit). for local miscellaneous members only. 8. Public Agency, in accordance with Government Code Section 20740 ceased to be an "employer" for purposes of Section 20759 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. 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. 10. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute$2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 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 safety members. �-s s b. 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. C. 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. 11. 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. 12. 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. B. This amendment shall be effective on the day of , 19_ BOARD OFMSTRATION CITY COUNCIL PUBLIC EMPL ES' RETIREMENT SYSTEM OF THE c� CITY OF AAN LUIS OBISPO BY Z BY CHIEF, CONTRA SERVICES DIVISION Presiding wcer PUBLIC EMPLOYED' RETIREMENT SYSTEM y GZ �: ► Witness Date � Attest: d Q Clerk PERS-CON-702 (AMENDMENT) (Rev. 10/92) ORDINANCE NO. 1241 (1993 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM On June 8, 1993, the San Luis Obispo City Council voted 5-0 to introduce Ordinance No. 1241(1993 Series), which amended the contract between the City of San Luis Obispo and the Board of Administration of the California Public Employees' Retirement System as follows: Section 20818 (Two Years Additional Service Credit) for local miscellaneous members was added to the existing contract. This section allows certain employees who are retiring in lieu of lay off to receive two additional years service credit if they meet the requirements imposed by the Public Employees' Retirement System. The Council must vote again to approve the ordinance before it takes effect. That action is tentatively scheduled for July 6, 1993, at a regular City Council meeting to begin at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Copies of the complete ordinance are available in the City Clerk's Office in Room #1 of City Hall, 990 Palm Street. For more information, contact the Personnel Department at 781-7250. Diane Gladwell, City Clerk APPROVED AS TO FORM: deffisy Q JOrpenq f Clty Attomay J`. 7