HomeMy WebLinkAbout1990-08-21; City Council; 10790; AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS' ASSOCIATION AND AMENDMENT TO PERS CONTRACT FOR POLICE SAFETY EMPLOYEESa
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AB# jo! ' 9o - AMENDMENT TO MEMORANDUM OF UNDERSTANDING D
MTG. 8-21-90 WITH CARLSBAD POLICE OFFICERS' ASSOCIATION c
AND AMENDMENT TO PERS CONTRACT FOR POLICE DEPT. HR SAFETY EMPLOYEES C
RECOMMENDED ACTION:
1, Adopt Resolution NO. 4ig -:I/' 6 amending the Memorandum of Understi
with the Carlsbad Police Officers' Association.
Adopt resolution of intention to amend PERS contract Resolution ~0.96 --g/T .
Introduce Ordinance No. ;?(;-(a& amending the PERS contract for Po
Safety Employees.
2.
3.
ITEM EXPLANATION:
On August 7, 1990, the City Council adopted Resolution No. 90-265 approving
Memorandum of Understanding with the Carlsbad Police Officers' Association.
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recommended that the Council amend this Memorandum of Understanding to:
1) Correct ARTICLE 32, VACATION to reflect the vacation accrual
schedule which became effective as of July 1, 1989, as outlined i
Exhibit A, and
Amend Article 24. RETIREMENT BENEFITS to include a clause, i
agreed upon by both parties in negotiation of the MOU, authoriz
the City to initiate the amendment of the City's contract with the
Public Employees' Retirement System to provide the Military Ser
Credit Option, as outlined in Exhibit B.
2)
The City and the Carlsbad Police Officers' Association have agreed to amend tl
retirement contract with the Public Employees' Retirement System (PERS). Tf
amendment would involve including the Military Service Credit Option and wc
include the Single Highest Year Provision for Police Safety Employees. The Si
Highest Year Provision will allow Police Safety Employees to base retirement
benefits on a formula that utilizes the single highest year of earnings. Previou
the formula was based on an average of the three highest years.
The City Council needs to take two actions to implement the proposed revisior
the retirement contract; adoption of a resolution of intention and introduction
ordinance to amend the contract.
FISCALIMPACX:
An actuarial evaluation was conducted by PERS to determine the cost of exten
the Single Highest Year Provision to Police Safety Employees. There will be n
direct cost impact to the City until July 1, 1992. At that time the City's contri
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PAGE 2 OF AB# 10 7 +C 4-
rate will be increased by 2.053%. This represents an increase of approximatel
$56,000.
The Military Service Credit amendment will not increase the City‘s contributioi
The cost is borne entirely by the employee.
EXHIBITS:
1. Resolution No. 90-316 amending the Memorandum of Understanding w
the Carlsbad Police Officers’ Association.
2. Exhibit A: Amended Article 32. Vacation.
3. Exhibit B: Amended Article 24. Retirement Benefits.
4. Resolution of intention to amend PERS contract Resolution
NO. 90-317.
5. Ordinance No. NS-126 amending the PERS contract for Police Safety
Employees.
Exhibit C: Amendment to Contract Between the Board of Administratio:
the Public Employees’ Retirement System and the City Council of the Cii
Carlsbad.
6.
a m
EXHI
ARTICLE 32. VACATION
32.1 All eligible miscellaneous and uniformed police employees shall bi
entitled to a vacation according to the number of continuous full
calendar years of employment based on the following scale:
1 through 5 full calendar years of continuous service
10 working days
15 working days
16 working days
17 working days
18 working days
19 working days
19 working days
20 working days
6 through 10 full calendar years of continuous service
10 through 11 full calendar years of continuous service
11 through 12 full calendar years of continuous service
12 through 13 full calendar years of continuous service
13 through 14 full calendar years of continuous service
14 through 15 full calendar years of continuous service
16 and over full calendar years of continuous service
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ARTICLE 24. RETIREMENT BENEFITS
24.1 The City agrees to continue to pay the employer’s contribution ra
required by the Public Employees’ Retirement System to maintain
current level of benefits for employees covered by this Memorand
Understanding during the term of this Memorandum of Understai
The City will continue to pay on behalf of all sworn represented I
employees the nine percent (9Vo) employees’s retirement contribu
to PERS.
The City will continue to pay on behalf of all represented
miscellaneous employees the seven percent (7%) employee’s retir
contribution to PERS.
As soon as practical following the execution of this Agreement, tl
City shall undertake to amend its contract with the Public Emplo: Retirement System to include the Military Service Credit Option,
thereby providing to each employee the option to “buy back” pric
military service; in accordance with the provisions of Section 205
of the California Government Code.
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ORDINANCE NO, NS-126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN CITY
COUNCIL AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM.
The City Council of the City of Carlsbad does ordain as follows:
SECTION 1. That an amendment to the contract between the City (
the City of Carlsbad and the Board of Administration, California Public Em
Retirement System, is hereby authorized a copy of said amendment being i
hereto, marked "Exhibit Cy" and by such reference made a part hereof as tl:
herein set out in full.
SECTION 2. The Mayor of the City of Carlsbad is hereby authorize(
empowered, and directed to execute said amendment for and on behalf of
1 Agency.
~ SECTION 3. This Ordinance shall take effect 30 days after the date I adoption, prior to the expiration of 15 days from the adoption thereof shal
, published at least once in the Carlsbad Journal, a newspaper of general cir
published and circulated in the City of Carlsbad and thenceforth and there;
same shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
held on the 21st day of August , 1990, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the C
Carlsbad, California, on the 28th day of August , 199(
following vote, to wit:
AYES: Council Members Lewis, Larson and Pettine
NOES: None
ABSENT: Council Members Mamaux and Kulchin
ATTEST: I
/ /i -
ALE&kAiENkiG*\
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0 0 EXHIBIT C *** copy ***
AHE"T To CONTRACT
BETWEEN TBE
OF TEE
PWLIC EKPLOPEES' RETIREMENT SYSTEM
CITY COUNCIL
~$f' BOARD OF ADMINISTRATION \\#\%n
@ s'." ANDTHE
OF THE
CITY OF CARLSBAD
&i51 DO
The Board of Administration, Public Employees' Retirement System, herei~
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contraci
effective January 1, 1956, and witnessed December 23, 1955, and as amenc
April If 1975, August 18, 1977, June 211 1980f January 1, 19811 June 21
November 22, 1982 and June 26, 1989, which provides for participation o
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as e
effective June 26, 1989, and hereby replaced by the following parag
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 thl
unless otherwise specifically provided. "Normal retirement agi
shall mean age 60 for local miscellaneous members and age 50 fi
safety members.
effective July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975,
2. Public Agency shall participate in the Public Employees' Retir
System from and after January 1, 1956 making its employees as
hereinafter provided, members of said System subject to all pr
of the Public Employees' Retirement Law except such as apply o
election of a contracting agency and are not provided for here
to all amendments to said Law hereafter enacted except those,
express provisions thereof, apply only on the election of a
contracting agency.
3. Employees of Public Agency in the following classes shall beco
members of said Retirement System except such in each such cla
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety m
b. Local Police Officers (herein referred to as local safety
members) :
c. Employees other than local safety members (herein referre
local miscellaneous members).
4. In addition to the classes of employees excluded from membersh
said Retirement Law, the following classes of employees shall
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
r,** copy *** 0
5. The percentage of final compensation to be provided for local
laneous members for each year of credited prior and current se
shall be determined in accordance with Section 21251.13 of sai
Retirement Law, subject to the reduction provided therein for
on and after June 1, 1958, the effective date of Social Securi
coverage, and prior to December 31, 1980, termination of Socia
Security, for members whose service has been included in Feder
Social Security (2% at 60 Full and Modified).
6. The percentage of final compensation to be provided for each y
(2% at age 50 Full).
credited prior and current service as a local safety member sh
determined in accordance with Section 21252.01 of said Retirem
7. Public Agency elected to be subject to the following optional L provisions: z a. Sections 21263 , 21263.1 and 21263.3 (Post-Retirement Surv
Allowance). 0
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b. Section 20020 ("Local Police Officer" shall include emplo
police department who were employed to perform identifica
communication duties on August 4, 1972 and who elected to
local safety members).
- - g
<$
6 G5 c. Section 20862.8 (Credit for Unused Sick Leave).
d. Sections 21380-21387 (1959 Survivor Benefits) excluding S
21382.2 (Increased 1959 Survivor Benefits) and Section 21
(Third Level of 1959 Survivor Benefits) for local safety
only.
9-, 5
0 Q 2 s e. Section 20024.2 (One-Year Final Compensation). 3
f. Section 21298 (Improved Non-Industrial Disability Allowan
local miscellanous members only.
g. Sections 21380-21387 (1959 Survivor Benefits) including S
21382.2 (Increased 1959 Survivor Benefits) for local misc
members only.
h. Section 20930.3 (Military Service Credit as Public Servicc
Statutes of 1976, for local police members only.
8. Public Agency, in accordance with Government Code Section 20741
ceased to be an llemployer" for purposes of Section 20759 effec
August 18, 1977. Accumulated contributions of Public Agency s
fixed and determined as provided in Government Code Section 20
accumulated contributions thereafter shall be held by the. Boar(
provided in Government Code Section 20759.
0 e *** copy ***
9. Public Agency shall contribute to said Retirement System the
contributions determined by actuarial valuations of prior and 1
service liability with respect to local miscellaneous members d
local safety members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System ,
follows :
a. A reasonable amount, as fixed by the Board, payable in on(
stallment within 60 days of date of contract to cover the
of administering said System as it affects the employees
Public Agency, not including the costs of special valuati
of the periodic investigation and valuations required by .
b. A reasonable amount, as fixed by the Board, payable in ont
stallment as the occasions arise, to cover the costs of si
valuations on account of employees of Public Agency, and (
the periodic investigation and valuations required by law
11. Contributions required of Public Agency and its employees shal
subject to adjustment by Board on account of amendments to the
Employees' Retirement Law, and on account of the experience unc
Retirement System as determined by the periodic investigation <
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shal
paid by Public Agency to the Retirement System within fifteen (
after the end of the period to which said contributions refer (
may be prescribed by Board regulation. If more or less than ti
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittar
Adjustments on account of errors in contributions required of i
employee may be made by direct payments between the employee a1
Board.
B. This amendment shall be effecti on the
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BY * 6? BY ,$ &
BOARD OF ADMINISTRATION % CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT &M OF THE j < 3 CITY OF CARLSBAD @-e z 47
CHIEF, CONTRACT S Presiding Officer
PUBLIC EMPLOYEES' RmNT SYSTEM
i %i Witness Date
@ 49
Attest: 9 4? ??
00 .$ Clerk
Q PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
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RESOLUTION NO. 90-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE MEMORANDUh
UNDERSTANDING WITH THE CARLSBAD POLICE OFFICER
ASSOCIATION.
WHEREAS, the City Council adopted Resolution No. 90-265 approv
Memorandum of Understanding between representatives of Management a
Carlsbad Police Officers’ Association on August 7, 1990; and
WHEREAS, it has been determined, by both parties, that it is neces:
amend this Memorandum of Understanding to correct ARTICLE 32. VACA’
reflect the vacation accrual schedule which became effective as of July 1, 1
outlined in Exhibit A; and
WHEREAS, it has been determined, by both parties, that it is neces5
amend ARTICLE 24. RETIREMENT BENEFITS to include a clause as agreec
negotiation of the MOU, authorizing the City to initiate the amendment to
contract with the Public Employees’ Retirement System to provide the Mili
Service Credit Option, as outlined in Exhibit B.
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Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the Carlsbad I
Officers’ Association and representatives of management is hereby amendec
Exhibit A and Exhibit B.
3. There is no immediate fiscal impact associated with the aforemer
amendments to the Memorandum of Understanding.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the Z1st day of August
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and
NOES: None
ABSENT: None
ATTEST:
rL (u%.&< ALETHA L. RAUTENKRANZ, City Clerk ]
(SEAL)
I
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EX
ARTICLE 24. RETIREMENT BENEFITS
24.1 The City agrees to continue to pay the employer's contribution I
required by the Public Employees' Retirement System to maintaj
current level of benefits for employees covered by this Memorar
Understanding during the term of this Memorandum of Underst,
The City will continue to pay on behalf of all sworn represented
employees the nine percent (9%) employees's retirement contrit
to PERS.
The City will continue to pay on behalf of all represented
miscellaneous employees the seven percent (7%) employee's reti
contribution to PERS.
As soon as practical following the execution of this Agreement, 1
City shall undertake to amend its contract with the Public Emplc
Retirement System to include the Military Service Credit Option
thereby providing to each employee the option to "buy back" pri
military service; in accordance with the provisions of Section 20
of the California Government Code.
24.2
24.3
24.4
0 0
RESOLUTION N0.90-317
RESOLUTION OF 1"TION
TO APPROVE AN - TO CONTRACT
BETWEN THE
WARD OF ADMINISTRATION
OF THE
PUBLIC EM)?LOYEBS' RETIREMENT! SYSTEM
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
WHERMS, the Public Employees' Retirement Law permits the participation
public agencies and their employees in the Public Employees'
Retirement System by the execution of a contract, and sets for
the procedure by which said public agencies may elect to subjec
themselves and their employees to amendments to said Law: and
WHEREAS, one of the steps in the procedure to amend this contract is thc
adoption by the governing body of the public agency of a resoli
giving notice of its intention to approve an amendment to said
contract, which resolution shall contain a summary of the chant
proposed in said contract: and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20930.3 (Military Service Credit
as Public Service) and Section 20024.2 (One-Year
Final Compensation) for local police members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above age1
does hereby give notice of intention to approve an amendment tc
the contract between the said governing body and the Board of
Administration of the Public Employees' Retirement System, a CI
of said amendment being attached hereto, as an "Exhibit" and b
this reference made a part hereof.
BY
CLAUDE A. LEWIS, MAYOR
(TITLE)
August 21, 1990
(Date adopted and approved) Ret. Form 122
C0302
C/rr)4Y# I m m
p$J3g PUBLIC EMPLOPEES' RETI- SYS'PEM
*** copy *** - TO CONTRACT
BETWEW THE
WlARD OF ADMINISTRATION t \y.n QHfl OF THE
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSRAD
o $s ";ad v*P.sE I)
The Board of Administration, Public Employees' Retirement System, herei
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contrac
effective January 1, 1956, and witnessed December 23, 1955, and as amen
effective July I, 1957, January 1, 1959, March 5, 1959, March 18, 1975,
April I, 1975, August 18, 1977, June 21, 1980, January 1, 1981, June 21
November 22, 1982 and June 26, 1989, which provides for participation o
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as e
effective June 26, 1989, and hereby replaced by the following parag
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Publi
Employees' Retirement Law shall have the meaning as defined th
unless otherwise specifically provided. "Normal retirement ag
shall mean age 60 for local miscellaneous members and age 50 f
safety members.
2. Public Agency shall participate in the Public Employees' Retir
System from and after January 1, 1956 making its employees as
hereinafter provided, members of said System subject to all pr
of the Public Employees' Retirement Law except such as apply o
election of a contracting agency and are not provided for here
to all amendments to said Law hereafter enacted except those,
express provisions thereof, apply only on the election of a
contracting agency.
3. Employees of Public Agency in the following classes shall beco
members of said Retirement System except such in each such cla
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety m
b. Local Police Officers (herein referred to as local safety
members ) ;
c. Employees other than local safety members (herein referre
local miscellaneous members).
4. In addition to the classes of employees excluded from membersh
said Retirement Law, the following classes of employees shall
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
J 0 @
*it copy ***
5. The percentage of final compensation to be provided for local I
laneous members for each year of credited prior and current sei
shall be determined in accordance with Section 21251.13 of saic
Retirement Law, subject to the reduction provided therein for !
on and after June I, 1958, the effective date of Social Securi.
coverage, and prior to December 31, 1980, termination of Socia
Security, for members whose service has been included in Feder,
Social Security (2% at 60 Full and Modified).
The percentage of final compensation to be provided for each yi
credited prior and current service as a local safety member sh
determined in accordance with Section 21252.01 of said Retirem
(2% at age 50 Full).
6.
7. Public Agency elected to be subject to the following optional L provisions : z a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Surv
Allowance). 0
a cz
b. Section 20020 ("Local Police Officer" shall include emplo]
police department who were employed to perform identifica
communication duties on August 4, 1972 and who elected to
local safety members).
- s
c. Section 20862.8 (Credit for Unused Sick Leave).
d. Sections 21380-21387 (1959 Survivor Benefits) excluding S
21382.2 (Increased 1959 Survivor Benefits) and Section 21
(Third Level of 1959 Survivor Benefits) for local safety
s
6 3
2
0 Q 4r only.
v2 G e B Sect ion 20024.2 (One-Year Final Compensation) B n"
f. Section 21298 (Improved Non-Industrial Disability Allowan
local miscellanous members only.
g. Sections 21380-21387 (1959 Survivor Benefits) including S
21382.2 (Increased 1959 Survivor Benefits) for local misc
members only.
h. Section 20930.3 (Military Service Credit as Public Servicl
Statutes of 1976, for local police members only.
8. Public Agency, in accordance with Government Code Section 2074
ceased to be an "employer" for purposes of Section 20759 effec
August 18, 1977. Accumulated contributions of Public Agency s
fixed and determined as provided in Government Code Section 20
accumulated contributions thereafter shall be held by the Boar
provided in Government Code Section 20759.
I
$ m e *** copy ***
<
9. Public Agency shall contribute to said Retirement System the
contributions determined by actuarial valuations of prior and
service liability with respect to local miscellaneous members
local safety members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System
follows :
a. A reasonable amount, as fixed by the Board, payable in 01
stallment within 60 days of date of contract to cover thc
of administering said System as it affects the employees
Public Agency, not including the costs of special valuat
of the periodic investigation and valuations required by
b. A reasonable amount, as fixed by the Board, payable in or
stallment as the occasions arise, to cover the costs of E
valuations on account of employees of Public Agency, and
the periodic investigation and valuations required by lab
11. Contributions required of Public Agency and its employees shal
subject to adjustment by Board on account of amendments to thc
Employees' Retirement Law, and on account of the experience ur
Retirement System as determined by the periodic investigation
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shal
paid by Public Agency to the Retirement System within fifteen
may be prescribed by Board regulation. If more or less than t
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remitta
Adjustments on account of errors in contributions required of
employee may be made by direct payments between the employee a
Board.
after the end of the period to which said contributions refer
-b B. This amendment shall be effecti&,on the
I e.
BY * 3 BY 3 s?
BOARD OF ADMINISTRATION "4 CITY COUNCIL
PUBLIC EMPLOYEES I RETIREMENT @EM OF THE
CITY OF CARLSBAD
4 -c' &
CHIEF, CONTRACT SER ES DIVISION Presiding Officer
PUBLIC EMPLOYEES ' IREMENT SYSTEM .- - .r,"
t' Witness Date 62 + @@
Attest: 2
Clerk 2
PERS-CON-702 (AMENDMENT) 47. a
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(Rev. 6/88)