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HomeMy WebLinkAbout08/20/2002, PH 1 - INTRODUCTION OF ORDINANCE TO PROVIDE 2.7% @55 RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS OF PERS r . . Counat Mcch D.w oL j acEnba REpoRt �N C I T Y OF SAN LUI S O B I S P 0 FROM: Ann Slate,Director of Human Resources Prepared By: Karen Jenny,Risk Manager vv�� SUBJECT: INTRODUCTION OF ORDINANCE TO PROVIDE 2.7% @ 55 RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS OF PERS CAO RECOMMENDATION Introduce an ordinance to print approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the 2.7% @ SS retirement formula for miscellaneous members of the retirement system. DISCUSSION Resolutions also presented for Council approval on the August 20, 2002, consent calendar included provisions to provide the 2.7% at 55 retirement formula to miscellaneous members of the PERS retirement system. Government Code Section 21354.5 allows a contracting agency to provide retirement benefits for miscellaneous employees based on 2.7%of salary at age 55 for each year of service. The current wording in Section 21354.5, as approved by the state legislature in 2001 (AB 616), states that the benefit formula will apply only to active members in the plan. This means that employees who have left City service prior to the implementation of the new formula will not be eligible for this benefit. They will continue to be covered under the current 2% at 55 formula. Government Code Section 20474 requires a secret ballot election by the employees affected whenever the PERS retirement contract is amended to provide a benefit which changes the employees' rate of contribution. Upon implementation of the 2.7% at 55 retirement formula; the employees' contribution rate will change from 7% to 8%. The voting period closed on August 16, and the results of the secret ballot will be announced at the August 20 Council meeting. The City Clerk will certify compliance with the election requirements on a form provided by PERS. Government Code Section 7507 requires that the change in benefits of the proposed contract amendment be made public at a public meeting at least two weeks prior to the adoption of the final ordinance. The City Clerk will certify compliance with this requirement on another form provided by PERS. Although the ordinance authorizing the amendment to the contract will go into effect thirty days following its final passage; the contract amendment for the 2.7% at 55 retirement formula will not be effective until January 30, 2003, which is the first day of the pay period closest to February 1. Council Agenda Report—Amendment of PERS Contract to Provide the 2.7% @ 55 retirement Formula for Miscellaneous Members Page 2 FISCAL IMPACT Upon implementation of the improved retirement formula on January 30, 2003, the City's contribution rate for the miscellaneous retirement plan will go to 4.982% plus the increase in the employees' rate of 1% for those groups where the City has agreed to continue to make the employees' contribution. This will result in a cost to the City of$322,000 in fiscal year 2002-03 and $772,000 on an ongoing annual basis. Salary and benefit concessions in 2002 and 2003 meet the requirement that the enhanced retirement benefit be cost neutral within the parameters provided by the Council. ALTERNATIVES Do not approve the ordinance and direct staff to negotiate a different economic package in exchange for the 2.7% at 55 retirement formula. This alternative is not recommended, as the agreements are consistent with the Council's previous direction and the City's employer-employee relations policies. ATTACHMENTS Ordinance G:\agenda reports\2.7%at 55 Ordinance Report Z etchmen4- ORDINANCE NO. (2002 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 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 an ordinance authorizing the amendment and directing the Mayor to execute said amendment. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That an amendment to the contract between the 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, marked "Exhibit I", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City of San Luis Obispo. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the day of 2002, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2002, on the following roll call vote: AYES: NOES: ABSENT: Ordinance No. (2002 Series) Page 2 Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: 0G. rg se ity Attorney �y Ca1PERS EXHIBIT1 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 Luaus 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 and July 18, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 28, 2002, and hereby replaced by the following paragraphs numbered 1 through 13 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 55 for local miscellaneous members, age 55 for local fire members, and age 50 for local police members. �S PLEASE DO NG 1 SIGN "EXHIBIT O NLY" 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. 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 21354.5 of said Retirement Law (2.7% at age 55 Full). [Note that a future legislative proposal is being considered which could amend Government Code Section 21354.5 to make the 2.7% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.] 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). l-� 7 SIGN "EXHIBIT ONLY" PEASE DO 8. 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 local miscellaneous members and local police members, and for those local fire members entering membership on or prior to July 1, 1986. f. Section 20475 (Different Level of Benefits Provided for New Employees). Section 20042 (One-Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986. g. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 9. 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. 10. 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. 11. 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. /-7 • • 1 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 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 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. 12. 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. r 13. 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 contritkions required of any employee may be made by direct payments betwTn the employee and the Board' v B. This amendment shA a effective on the 30thday of Januar = , 2003 BOARD OFADMINISTR ON CITY COUNCIL PUBLIC EMPLOYEES' TIREMENT SYSTEM CITY OF SAN LUIS O O BY BY KENNETH W. MARZ�I, CHIEF PRESIDING OFFIGR ACTUARIAL & EMPO)YER SERVICES DIVISION PUBLIC EMPLOYE. ' RETIREMENT SYSTEM QWitness Date 14 J Attest:GO Q Clerk IT AMENDMENT v 4/ PERS-CON-702A(Rev.8\96) �'V