HomeMy WebLinkAbout1992-05-12; City Council; 11683; AMENDMENT TO PERS CONTRACT FOR LOCAL MISCELLANEOUS AND LOCAL FIRE MEMBERS*’
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CIT~F CARLSBAD - AGEN~BILL l.i-5
AB#* TITLE: DEP
MTG. 5-12-92 AMENDMENT TO PERS CONTRACT FOR LOCAL CIT‘
CIT‘ DEPT. HR
RECOMMENDED ACTION:
MISCELLANEOUS AND LOCAL FIRE MEMBERS
1. Adopt Resolution No. %-la9 , a resolution of intention to amend PERS
contract .
Introduce Ordinance No.OS-aul amending the PERS contract for local
miscellaneous and local fire members.
2.
ITEM EXPLANATION:
An agency participating in the California Public Employees’ Retirement System
(PERS) may amend its contract to permit PERS’ members to purchase up to four
years of service credit for any continuous active military or merchant marine
service prior to employment. Any member electing this option must contribute ai
amount equal to the contribution for current and prior service that the employer a
the employee would have made with respect to that service.
On January 14, 1992, the City Council adopted Resolution No. 92-16 resolving tt
impasse and adopting and implementing certain salary, benefits, and employer-
employee relations procedures for employees represented by the Carlsbad City
Employees’ Association (CCEA). Article 38, RETIREMENT includes a clause
authorizing the City to initiate the amendment of the City’s contract with the PER:
to provide the Military Service Credit as Public Service option. Staff has had
discussion with the Carlsbad Fire Association (CFA) and is also recommending
that local fire members be covered by this amendment. Members of the Carlsba
Police Officers’ Association are currently provided this option by a previous
amendment. With the adoption of this Resolution and Ordinance, all employees
the City of Carlsbad will be provided the opportunity to participate in this option.
It is staff‘s recommendation that the City Council adopt the attached Resolution
authorizing the City to amend the City’s contract with PERS to provide the Militar
Service Credit Option to employees designated as “miscellaneous” by PERS an
to local fire members. This amendment will not increase the City’s contribution i
the cost is borne entirely by the employee. By this amendment, all City employe
will have the Military Service Credit Option.
The City Council needs to take two actions to implement the proposed revisions
the retirement contract: adoption of a resolution of intention, and introduction oft
ordinance to amend the contract. Adoption of the final Ordinance cannot be ear
than 20 days after adoption of the Resolution of Intention. Adoption of final
Ordinance is scheduled for June 2, 1992. The effective date of the
Ordinance is July 2, 1992.
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FISCAL IMPACT:
The Military Service Credit as Public Service will not increase the City’s
contribution. The cost is borne entirely by the employee.
EXHIBITS:
1. Resolution No. GIA-f%Cr , resolution of intention to amend the PERS contract
for local miscellaneous and local fire members.
Ordinance No. I1S-dol amending the PERS contract for local miscellaneous
and local fire members.
2.
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ORDINANCE NO. NS-201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE
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:
SFCTION 1. That an amendment to the contract between the City Cour
of the City of Carlsbad and the Board of Administration, California Public
Employees’ Retirement System is hereby authorized, a copy of said amendmc
being attached hereto, marked “Exhibit A,” and by such reference made a part
hereof as though herein set out in full.
SECTION 2. The Mayor of the City of Carlsbad is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of sai
Agency.
SFCTION C. This Ordinance shall take effect 30 days after the date of ii
adoption, prior to the expiration of 15 days from the adoption thereof shall be
published at least once in the Carlsbad Journal, a newspaper of general
circulation, published and circulated in the City of Carlsbad and thenceforth a
thereafter the same shall be in full force and effect.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of , 1992, and therefore
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City c
Carlsbad, California, on the day of , 1992, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
? Exhibit A . cfjJpy 0% *
%
+Q? AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
4-
ut. f, %
The Board of Administration, Public Employees’ Retirement System, hereinafter referred to as Boa
and the governing body of above public agency, hereinafter referred to as Public Agency, having entei
into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effect
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, August 18, 1977, June 21, 19
January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989 and November 16 1990, wk
provides for participation of Public Agency in said System, Board and Public Agency hereby agrec
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Noven
16, 1990, and hereby replaced by the following paragraphs numbered 1 through 12 inclusiv
1. All words and terms used herein which are defined in the Public Employees’ Retiren
Law shall have the meaning as defined therein unless otherwise specifically provic
“Normal retirement age” shall mean age 60 for local miscellaneous members and agt
for local safety members.
Public Agency shall participate in the Public Employees’ Retirement System from
after January 1, 1956 making its employees as hereinafter provided, members of
System subject to all provisions of the Public Employees’ Retirement Law except
as apply only on election of a contracting agency and are not provided for herein ar
all amendments to said Law hereafter enacted except those, which by express provi:
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes shall become members of
Retirement System except such in each such class as are excluded by law ox
agreement:
a.
b.
c.
2.
3.
Local Fire Fighters (herein referred to as local safety members);
Local Police Officers (herein referred to as local safety members).
Employees other than local safety members (herein referred to as
miscellaneous members).
0 PlfASE 06 NUT SIGN "EXHIBIT ONLY 0
4. In addition to the classes of employees excluded from membership by said Retiremer
Law, the following classes of employees shall not become members of said Retiremc
System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for local miscellaneous members
each year of credited prior and current service shall be determined in accordance H
Section 21251.13 of said Retirement Law, subject to the reduction provided therein
service on and after June 1, 1958, the effective date of Social Security coverage, a
prior to December 31, 1980, termination of Social Security, for members whose sen
has been included in Federal Social Security (2% at 60 Full and Modified).
The percentage of final compensation to be provided for each year of credited prior
current service as a local safety member shall be determined in accordance with Sect
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
a.
b.
6.
7.
Sections 21263, 2 1263.1 and 21263.3 (Post-Retirement Survivor Allowance
Section 20020 ("Local Police Officer" shall include employees of a PC
department who were employed to perform identification or communica
duties on August 4, 1972 and who elected to be local safety members).
Section 20862.8 (Credit for Unused Sick Leave).
Sections 21380-21387 (1959 Survivor Benefits) excluding Section 213
(Increased 1959 Survivor Benefits) and Section 21382.4 mird Level of
Survivor Benefits) for local safety members only.
Section 20024.2 (One-Year Final' Compensation).
C.
d.
e.
f. Section 2 1298 (Improved Non-Industrial Disability Allowance) for
miscellaneous members only.
Sections 21380-21387 (1959 Survivor Benefits) including Section 21:
(Increased 1959 Survivor Benefits) for local miscellaneous members only.
Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1976.
g.
h.
8. Public Agency, in accordance with Government Code Section 20740, ceased to 1
"employer" for purposes of Section 20759 effective on August 18, 1977. Accumi
contributions of Public Agency shall be fixed and determined as provided in Goverr
Code Section 20759, and accumulated contributions thereafter shall be held by the 1
as provided in Government Code Section 20759.
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9. Public Agency shall contribute to said Retirement System the contributions determint
by actuarial valuations of prior and future service liability with respect to loc
miscellaneous members and local safety members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
a.
10.
A reasonable amount, as fixed by the Board, payable in one installment witt
60 days of date of contract to cover the costs of administering said System as
affects the employees of Public Agency, not including the costs of spec
valuations or of the periodic investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one installment as
occasions arise, to cover the costs of special valuations on account of employ
of Public Agency, and costs of the periodic investigation and valuations requii
by law.
b.
11. Contributions required of Public Agency and its employees shall be subject to adjustm
by Board on account of amendments to the Public Employees’ Retirement Law, and
account of the experience under the Retirement System as determined by the perio
investigation and valuation required by said Retirement Law.
Contributions required of Public Agency and its employees shall be paid by Pul
Agency to the Retirement System within fifteen days after the end of the period to wl said contributions refer or as may be prescribed by Board regulation. If more or
than the correct amount of contributions is paid for any period, proper adjustment s be made in connection with subsequent remittances. Adjustments on account of er
in contributions required of any employee may be made by direct payments between
employee and the Board.
12.
day B. This amendment shall be on the
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREbQENT SYSTEM OF THE
CITY OF CARLSBAD & c
BY p“ BY 2
Presiding Officer CHIEF, CONTRA ERVICES DIVISION
PUBLIC EMPL S’ RETIREMENT SYSTEM &g . -
\ * Witness Date
ClW
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
u
PUBLIC EMPLOYEES' R SPSTW 0
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3240 (Telecommunications
Device for the Deaf)
CWTIFICATION OF GOVERNING BODY'S ACTION
1
I hereby certify that the foregoing is a true and correct copy of a
Resolution adopted by the CITY COUNCIL
(Governing Body)
of the CITY OF CARLSBAD
(Name of Public Agency)
on May 12, 1992
(Date)
(5kz.XLsB CITY @-LA CLERK -BL~ -
CSD-CON-12
C0600 (Rev. 4/91)
e 9
RESOLUTION NO. 92-129
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies an
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 subjc
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 1
change 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) for local miscellaneous members and local fire
members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does heret
give notice of intention to approve an amendment to the contract between the said
governing body and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as an "Exhibit" and by this
reference made a part hereof.
B
CLAUDE A. LEWIS, Mayor
(TITLE)
May 12, 1992
(Date adopted and approved)
C0302 (AMENDMENT) (Rev. 6/9 1)
Ret. Form 122
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May 4, 1992
TO: PRESIDENT, CARLSBAD ADMINISTRATIVE SUPPORT PERSONNEL ASSOCIATIOF PRESIDENT, CARLSBAD CITY EMPLOYEES ASSOCIATION
FROM: Assistant City Manager
PETITION FOR MODIFICATION
A Petition for Modification of an Existing Bargaining Unit, dated November 27, 1991 was filt
with the City of Carlsbad on December 27, 1991 by the Carlsbad Administrative Support Personnel Association (CASPA). The petition was subsequently reviewed to determine if it
met the requirements of the City of Carlsbad’s Employer/Employee Relations Rules and Regulations and the Carlsbad Municipal Code. It was subsequently determined that the petition met the requirements and a hearing on the petition was scheduled for March 31,
1992. I conducted the hearing on behalf of the City. After review of the petition, all
correspondence relating to the issue, and of the testimony at the hearing, I have made the
following determination.
At the hearing on March 31, 1992, Mr. Olins, representing CCEA, stated that the petition fil
by CASPA is illegal, improper and deficient on its face. The basis for the objection by CCt is that confidential employees inappropriately participated in formulating CASPA and that ii
inappropriate for confidential employees to serve in a leadership capacity or to represent
CASPA. Although this is a highly technical argument, I have interpreted the Carlsbad Municipal Code and state law to allow confidential employees to participate in the formatic
of a new association, rather than to represent other employees in the meet and confer
process. Once employees are organized, the status of a representative of an employees
organization as a confidential employee is much more significant. In order to avoid conflic
of interest for both the employer and the employee organization, constraints on the ability
confidential employees to participate on matters within the scope of representation are
appropriate. To prevent CASPA from receiving consideration and a determination on its
petition based on this argument, would deprive CASPA of a substantive review of issues
raised in its petition. Therefore, I am not persuaded the petition is improper and will decic
on its merits.
1200 Carlsbad Village Drive * Carisbad, California 92008-1989 * (619) 434
e e k
President, CASPA
President, CCEA May 4, 1992
Page 2
In making a determination as to the appropriateness of the proposed modified unit, the
criteria listed in Section 2.48.1 00 of the Carlsbad Municipal Code were considered, The
principle criterion in making this determination is whether or not there is a community of
interest among the petitioning employees. Based upon the evidence presented by CASPA
have not been persuaded that the unit proposed by CASPA has such a separate communi
of interest to warrant its removal from the existing unit. The proposed unit primarily contair
a mix of clerical, accounting, and data processing classifications. Although there are somt
similar skills and a common working environment, the same can be said about a number c
other classifications currently represented by CCEA which were not included in CASPAs
petition. There are also distinct differences in skills, working conditions, job duties and
educational requirements between the classifications proposed for the unit by CASPA. As
Hearing Officer I am also concerned with the unnecessary fragmentation of units. I am
concerned that the unit as proposed by CASPA may encourace a proliferation of bargainir
units. More bargaining units does not necessarily ensure effecrive employer/employee
relations, and an unnecessary proliferation of bargaining units may adversely effect the
efficient operation of the City and may frustrate sound employer/employee relations.
The preponderance of testimony from affected employees dealt with the quality of
representation provided by the existing bargaining unit, or the quality of representation ths would be provided by the proposed bargaining unit. The quality and extent of represental
provided to employees is only indirectly a factor in my determination. Sound
employer/employee relations are best served when employees are effectively represented.
Although some employees currently represented by CCEA may be dissatisfied with the
representation provided, in the history of employee relations in Carlsbad the current unit h
been able to represent the interests of the classifications included in that unit. If any
employees represented by CCEA are dissatisfied with their representation, they retain the
ability to influence that issue through the internal process within their association.
Therefore, it is my determination that the appropriate unit for the classifications proposed
CASPAs petition dated November 27, 1991, is with CCEA. As a result, the processing of
CASPAs petition will stop at this point, since CCEA is already the formally recognized
majority representatives for these job classifications.
?4L-
FRANK MANNEN
mhs
c: City Manager
City Attorney
Human Resources Director
Department Heads
Effected Employees
Doug Olins