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HomeMy WebLinkAbout07/17/2001, C6 - AMENDMENT OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE INCREASED SU counaL -o, j Ac,EnbA wpopt CITY OF SAN LUIS 0 B I S P 0 FROM: Ann Slate,Director of Human Resourcesav", Prepared By: Karen Jenny, Risk Manager SUBJECT: AMENDMENT OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM(PERS)CONTRACT TO PROVIDE INCREASED SURVIVOR BENEFITS AND MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR MISCELLANEOUS MEMBERS CAO RECOMMENDATION Adopt a resolution of intention to amend the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 Survivor Benefits and military service credit as public service for miscellaneous members and to rescind Resolution No. 9191 (2001 Series). DISCUSSION On June 5, 2001, the Council adopted Resolution No 9191 (2001 Series),which was a resolution of intention to amend the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 Survivor Benefits and military service credit as public service for miscellaneous members. At the same time, the Council conducted a public hearing and introduced an ordinance authorizing the amendment. These were the initial steps required by PERS to implement these benefits as approved in the 2001-02 Memorandum of Agreement with the San Luis Obispo City Employees' Association(SLOCEA). Language was included in that resolution to apply the military service credit to "active and separated" employees, at the request of a former City employee who wishes to purchase military service credit. Although we were advised by one section of PERS that this was possible, the contract amendment unit has advised us that the previous resolution with the addition of the language to apply military service credit to "active and separated" local miscellaneous members is unacceptable. Only active employees may purchase service credit once the City's contract with PERS is amended under Government Code Section 21024. There is no provision for former employees to access this benefit,despite previous advice from PERS to the contrary. In order to continue with the implementation of this benefit for active miscellaneous employees, we must rescind the previous resolution and adopt a new resolution of intention that does not include the unacceptable language. There must be at least 20 days between the adoption of the resolution of intention and final adoption of the ordinance, which is now tentatively set for August 21, 2001. Cb -� Council Agenda Report—Amendment of PERS Contract to Provide Page 2 Increased Survivor Benefits and Military Service Credit as Public Service for Miscellaneous Members FISCAL IMPACT The annual cost to provide the fourth level 1959 Survivor Benefit to 257 miscellaneous members of the PERS retirement system is estimated to be $15,728. The actuarial valuation from PERS hasindicated that surplus funds of $64,910 in that account will pay the costs for at least five years. It is likely that the surplus will fund those costs for several years, since a claim for benefits as the result of the death of an active employee is rare. There is no cost to the City to implement the Military Service Credit as Public Service. Future employer rates may be increased as a result of the additional service credit,but it isnot anticipated to be significant. ALTERNATIVES Since this change was approved as part of the 2001-02 MOA, failure to pass this resolution and ordinance would place the City in breach of contract with SLOCEA. ATTACHMENTS Resolution of Intention C6 �z RESOLUTION NO. (2001 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AND TO RESCIND RESOLUTION NO. 9191 (2001 SERIES) 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 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service) for local miscellaneous members. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9191 (Series 2001) is herewith rescinded. SECTION 2. 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 Administrationof the Public Employees' Retirement System, a copy of said amendment being attached hereto as an"Exhibit"and by this reference made a part hereof. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 72001. Resolution No (2001 Series) Page 2 Mayor Allen Settle ATTEST: Lee Price,City Clerk APPROVED AS TO FORM: . Jo ens ' Ci ttomey