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HomeMy WebLinkAbout1997-04-22; City Council; 14160; AMENDMENT TO PERS CONTRACT FOR FIRE MEMBERSt i z 0 F 0 4 =! 0 2 3 8 /q,:2 i. Ld.2/ %A ClTOOF CARLSBAD - AGEN)P BILL DEPT. HD. u!$ CITY ATTY 9 AB ’ a TITLE: MTG. 4-22-97 FOR FIRE MEMBERS AMENDMENT TO PERS CONTRACT DEPT. HR CITY MGR- RECOMMENDED ACTION: 1. Adopt Resolution No. $1- &,, a resolution of intention to amend the PER8 Gvntract, and 2. Introduce Ordinance No.~s- q&)6 amending the PERS contract for fire members. ITEM EXPLANATION: On March 4, 1997, the City Council adopted Resolution No. 97-79 implementing certain salary, benefits, and employer-employee relations procedures for employees represented by the Carlsbad Firefighters’ Association (CFA). Article 16, PROVISION OF 1959 PERS SURVIVORS’ BENEFIT, includes a clause authorizing the City to initiate an amendment of the City’s contract with PERS to provide the Fourth Level of the 1959 Survivor’s Benefit for fire members as soon as possible during the term of the contract. The City Council would need to take two actions to implement the proposed revisions to the PERS retirement contract: (1) adopt a Resolution of Intention and, (2) introduce the Ordinance to amend the contract. Adoption of the final Ordinance cannot be earlier than 20 days after adoption of the Resolution of Intention. Therefore, adoption of the final Ordinance is scheduled for May 13, 1997. The effective date of the Ordinance would be June 13, 1997. The effective date of the contract amendment would be June 14, 1997. FISCAL IMPACT: The current employer cost for the Fourth Level Survivor’s Benefit is $8.50 per member per month, for an increased annual cost of approximately $6,000. PERS calculates the employer cost for this benefit using a term insurance valuation method based on the pooled experience of all participating agencies rather than each individual agency’s experience. Payment is made annually or subtracted from any available employer 1959 Survivor Fund balances. According to the PERS actuarial valuation, OUT 1959 Survivor Fund balance for safety members has a surplus of $140,053. The surplus will be used to pay the employer cost for the increased benefit, and is projected to last approximately 21 years. EXHIBITS: 1. Resolution No. 011- 4 60 , including Exhibit A 2. Ordinance No. A/$ -406 I I Exhibit 1 @ RESOLUTION OF INTENTION NO. 9 7 - 4 6 0 TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD BOARD OP ADMINISTRATION 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 21382.5 (Fourth Level of 1959 Survivor Benefits) for local fire members only. NOW, THEREFORE, BE IT RESOLVED that 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 Retirement System, a copy of said "Exhibit" and by this reference made a MAYOR Title April 22, 1997 Date adopted and approved (Amendment) CON-302 (Rev. 4/96) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 a ORDINANCE NO. NS - 4 0 6 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: SECTION 1. That an amendment to the contract between the City Council of the City of Carlsbad and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment marked “Exhibit A” to Resolution No. - SECTION 2. The Mayor of the City of Carlsbad is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its ’ adoption, and prior to the expiration of 15 days from the adoption thereof shall be published at least once in the North County Times, a newspaper of general circulation, published and circulated in the City of Carlsbad and thenceforth and 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 Ill Ill Ill , 1997, and therefore /f 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Carlsbad, California, on the day of ,1997, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: 6 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 ‘6 F CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYST M Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (91 6) 326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the CITY COUNCIL (governing body) of the CITY OF CARLSBAD (public agency) on APRIL 22, 1997 which is at least two weeks prior to the adoption of the (date) 5Red&%dOrdinance. b A. hi?- ClerUSecretary CITY CLERK Title Date April 23, 1997 PERS-CON- 12A (rev. 1/96) a AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD WHEREAS, Government Code Section 21382.5 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21382.5, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Carlsbad and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21382.5. 6 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF THE BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES’ RETIREMENT SYSTEM Date April 23, 1997 PERS-CON-59 (Rev 7/96) I 0 0 EXHIBIT A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effective July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18,1977, June 21,1980, January 1,1981, June 21,1982, November 22,1982, June 26,1989, November 16,1990, July 3,1992, November 3,1993, June 30,1995, June 3,1996 and January 1, 1997, 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 January 1, 1997, 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 and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after Jan~my 1, 1956 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. 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. 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 local miscellaneous members). 7 / r! L :..L.;aul E?,qE ?? JJ I, jfg S\@j ~~~X~~~~~ ~~~~'1 0 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. SENIOR INSTRUCTOR/LIFEGUARD HIRED AFTER NOVEMBER 3,1993, 5. This contract shall be a continuation of the contract of the Carlsbad Municipal Water District, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred February 17,1992. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after June 1, 1958, the effective date of Social Security coverage, and prior to December 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions : a. b. 6. 7. 8. Sections 21624,21626 and 21628 (Post-Retirement Survivor Allowance). Section 20425 ("Local Police Officer'' shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). c, Section 20965 (Credit for Unused Sick Leave). d. e. Section 20042 (One-Year Final Compensation). Section 2 1427 (Improved Non-Industrial Disability Allowance) for local miscellaneous members only. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. f. g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. I m 0 PLEASE Drj MOT y@J “EXHIBIY ON[bys h. 1. Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits). Section 20434 (“Local Fire Fighter“ shall include any officer or employee of a fire department employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Government Code Section 20434). Section 21382.5 (Fourth Level of 1959 Survivor Benefits) for local fire members only. j. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an “employer” for purposes of Section 20834 effective on August 18, 1977. 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. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and fbture service liability with respect to local miscellaneous members and local safety members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: a. 10. 1 1. Public Agency shall contribute $1.50 per member, per month on account of the liability for 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 miscellaneous members and local police members. Public Agency shall contribute $8.50 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.5 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. c. - - 1 c m e d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees’ Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. 13. B. This amendment shall be effective on&e day of ~ 19 . BOARD OF ADMINISTRATION 9 & CITY COUNCIL * CITY OF CARL, PUBLIC EMPLOYEES’ RETIREMENT$YSTEM OF THE &4 BY R $ BY KENNETH W. MAFZION, C ACTUARIAL & EMPLO PUBLlC EMPLOYEES’ Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) / L