HomeMy WebLinkAboutr10373resolutionofintentiontoapproveamendmentocontractbetboardofadmincalpersandcitycouncilcitysloRESOLUTION OF INTENTIO N
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN TH E
BOARD OF ADMINISTRATIO N
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTE M
AND TH E
CITY COUNCI L
CITY OF SAN LUIS OBISP O
WHEREAS, the Public Employees' Retirement Law permits the participation of publi c
agencies and their employees in the Public Employees' Retirement Syste m
by the execution of a contract, and sets forth the procedure by which sai d
public agencies may elect to subject themselves and their employees t o
amendments to said Law ; an d
WHEREAS, one of the steps in the procedures to amend this contract is the adoption b y
the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shal l
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 fir e
members entering membership for the first time in the fir e
classification after the effective date of this amendment t o
contract .
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agenc y
does hereby give notice of intention to approve an amendment to th e
contract between said public agency and the Board of Administration of th e
Public Employees' Retirement System, a copy of said amendment bein g
attached hereto, as an "Exhibit"and by this reference made a part hereof.
ate adopted and approve d
(Amendment )
CQN-302 (Rev . 4/96)
A
CaIPERS
EXHIBI T
Californi a
Public Employees' Retirement Syste m
AMENDMENT TO CONTRAC T
Between th e
Board of Administratio n
California Public Employees' Retirement Syste m
and the
City Counci l
City of San Luis Obisp o
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, Octobe r
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 and December 29, 2005 which provides for participation of Publi c
Agency in said System, Board and Public Agency hereby agree as follows :
A . Paragraphs 1 through 13 are hereby stricken from said contract as execute d
effective December 29, 2005, and hereby replaced by the following paragraph s
numbered I through 15 inclusive:
1 . All words and terms used herein which are defined in the Publi c
Employees' Retirement Law shall have the meaning as defined therei n
unless otherwise specifically provided . "Normal retirement age" shal l
mean age 55 for local miscellaneous members, age 50 for local polic e
members and for those local fire members entering membership in the fir e
classification on or prior to the effective date of this amendment to contrac t
and age 55 for local fire members entering membership for the first time i n
the fire classification after the effective date of this amendment to contract .
2.Public Agency shall participate in the Public Employees' Retiremen t
System from and after July 1, 1952 making its employees as hereinafte r
provided, members of said System subject to all provisions of the Publi c
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 provision s
thereof, apply only on the election of a contracting agency .
3.Public Agency agrees to indemnify, defend and hold harmless th e
California Public Employees' Retirement System (CaIPERS) and it s
trustees, agents and employees, the CaIPERS Board of Administration ,
and the California Public Employees' Retirement Fund from any claims ,
demands, actions, losses, liabilities, damages, judgments, expenses an d
costs, including but not limited to interest, penalties and attorneys fee s
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 tha n
the retirement benefits, provisions or formulas provided unde r
the Public Agency's prior non-CaIPERS retirement program .
(b)Public Agency's election to amend this Contract to provid e
retirement benefits, provisions or formulas that are different tha n
existing retirement benefits, provisions or formulas .
(c)Public Agency's agreement with a third party other tha n
CaIPERS to provide retirement benefits, provisions, or formula s
that are different than the retirement benefits,provisions o r
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 State s
Bankruptcy Code and/or Public Agency's election to reject thi s
Contract with the CaIPERS Board of Administration pursuant t o
section 365, of Title 11, of the United States Bankruptcy Cod e
or any similar provision of law.
Public Agency's election to assign this Contract without the prio r
written consent of the CaIPERS' Board of Administration .
The termination of this Contract either voluntarily by request o f
Public Agency or involuntarily pursuant to the Public Employees '
Retirement Law .
Changes sponsored by Public Agency in existing retiremen t
benefits, provisions or formulas made as a result o f
amendments, additions or deletions to California statute or t o
the California Constitution .
(e )
(f )
(9)
4 .Employees of Public Agency in the following classes shall becom e
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 a s
local miscellaneous members).
In addition to the classes of employees excluded from membership b y
said Retirement Law, the following classes of employees shall not becom e
members of said Retirement System :
a .CROSSING GUARDS .
6.The percentage of final compensation to be provided for each year o f
credited prior and current service as a local miscellaneous member i n
employment before and not on or after January 30, 2003 shall b e
determined in accordance with Section 21354 of said Retirement La w
(2% at age 55 Full).
7.The percentage of final compensation to be provided for each year o f
credited prior and current service as a local miscellaneous member i n
employment on or after January 30, 2003 shall be determined i n
accordance with Section 21354.5 of said Retirement Law (2 .7% at age 5 5
Full).
8.The percentage of final compensation to be provided for each year o f
credited prior and current service as a local police member and for those
local fire members entering membership in the fire classification on o r
prior to the effective date of this amendment to contract shall b e
determined in accordance with Section 21362 .2 of said Retirement La w
(3% at age 50 Full).
9.The percentage of final compensation to be provided for each year o f
credited current service as a local fire member entering membership fo r
the first time in the fire classification after the effective date of thi s
amendment to contract shall be determined in accordance with Sectio n21363.1 of said Retirement Law (3% at age 55 Full).
10.Public Agency elected and elects to be subject to the following optiona lprovisions:
a .Section 21573 (Third Level of 1959 Survivor Benefits) for local fir e
members only.
Section 21574 (Fourth Level of 1959 Survivor Benefits) for loca l
miscellaneous members and local police members only .
c.Sections 21624, 21626 and 21628 (Post-Retirement Survivo r
Allowance) for local safety members only .
Section 20965 (Credit for Unused Sick Leave).
e.Section 20042 (One-Year Final Compensation) for loca l
miscellaneous members, local police members and for those loca l
fire members entering membership on or prior to the effective dat e
of this amendment to contract .
f.Section 20903 (Two Years Additional Service Credit) for loca l
miscellaneous members only .
9 -Section 21024 (Military Service Credit as Public Service).
h.Section 21548 (Pre-Retirement Option 2W Death Benefit).
i.Section 20475 (Different Level of Benefits). Section 21363 .1 (3%
@ 55 Full formula) and Section 20037 (Three-Year Fina l
Compensation) are applicable to local fire members enterin g
membership for the first time in the fire classification after th e
effective date of this amendment to contract .
11.Public Agency, in accordance with Government Code Section 20790 ,
ceased to be an "employer" for purposes of Section 20834 effective o n
June 1, 1976 . Accumulated contributions of Public Agency shall be fixe d
and determined as provided in Government Code Section 20834, an d
accumulated contributions thereafter shall be held by the Board a s
provided in Government Code Section 20834 .
12.Public Agency shall contribute to said Retirement System the contribution s
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.Contributions required per covered member on account of the 195 9
Survivor Benefits provided under Section 21573 of said Retiremen t
Law. (Subject to annual change .) In addition, all assets an d
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of al l
local fire members .
b.Contributions required per covered member on account of the 195 9
Survivor Benefits provided under Section 21574 of said Retiremen t
Law . (Subject to annual change .) In addition, all assets an d
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of al l
local police members and 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 o f
administering said System as it affects the employees of Publi c
Agency,not including the costs of special valuations or of the
periodic investigation and valuations required by law .
A reasonable amount, as fixed by the Board, payable in on e
installment as the occasions arise, to cover the costs of specia l
valuations on account of employees of Public Agency, and costs o f
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 of amendments to the Publi c
Employees' Retirement Law, and on account of the experience under th e
Retirement System as determined by the periodic investigation an d
valuation required by said Retirement Law .
15.Contributions required of Public Agency and its employees shall be pai d
by Public Agency to the Retirement System within fifteen days after th e
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 o f
contributions is paid for any period, proper adjustment shall be made i n
connection with subsequent remittances . Adjustments on account o f
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 30 day o f
BOARD OF ADMINISTRATION CITY COUNCI L
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISP O
BY B Y
KAREN DE FRANK, CHIEF PRES I
CUSTOMER ACCOUNT SERVICES DIVISIO N
PUBLIC EMPLOYEES'RETIREMENT SYSTEM
Attest :
YI/Lb
Cler k
AMENDMENT Ca1PERS ID #757462851 5
PERS-CON-702A