Loading...
HomeMy WebLinkAbout2010-06-29; City Council; 20293; Amend CALPERS Contract Local Safety MembersCITY OF CARLSBAD - AGENDA BILL AB# 20,293 MTG. 6/29/10 DEPT. HR AMENDMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PAT PFRS'l PONTR APT TMPAPTTNO T DP AT SAFETY MEMBERS DEPT. HEADcxir^— CITY ATTY. <^ CITY MGR. hj. RECOMMENDED ACTION: 1 . Adopt Resolution No. 2010-171 a resolution of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Carlsbad. 2.Introduce Ordinance No. safety members. cs-093 amending the CalPERS contract impacting local ITEM EXPLANATION: Under the City's contract with CalPERS, all sworn police and fire safety employees (i.e., those represented by the Carlsbad Police Officers' Association (CPOA), the Carlsbad Firefighters' Association, Inc. (CFA), the Carlsbad Police Management Association (CPMA) and safety employees in the unrepresented management group) are combined into one "safety" contract. On the dates listed below, the City Council approved resolutions which directed staff to initiate an amendment of the City's safety contract with CalPERS to create a 2nd tier retirement plan that includes the 2% at 50 retirement benefit (California Government Code Section 21362) and Three Year Final Compensation benefit (California Government Code Section 20037) for employees entering membership for the first time in a City of Carlsbad safety classification after the effective date of the amendment. This Council direction affected the following bargaining units. Date City Council Directed Amendment to CalPERS Benefit May 18, 2010 June8, 2010 June 29, 2010 Employee Group CFA, Inc. CPOA CPMA Under the City's Management Compensation and Benefits plan, Management employees who are considered fire safety employees are subject to the same retirement formula as that provided to employees represented by the CFA, Inc. As such, the future retirement plan changes were approved for fire safety management employees on May 18, 2010. DEPARTMENT CONTACT: Employee name 760-602-2441 Debbie.Porter@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XD D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 The City Council needs to take two actions to implement the proposed revisions to the 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 July 27, 2010. The effective date of the Ordinance would be August 27, 2010. The effective date of the contract amendment would be October 4, 2010. FISCAL IMPACT: There is no immediate fiscal impact associated with implementing the changes to the retirement provisions as described above. It is estimated that the City will realize long-term savings of $2,100,000 over the next ten years as a result of this action, but employee turnover and other factors will influence the extent of this projected savings. ENVIRONMENTAL IMPACT: This amendment is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15060(b)(5). EXHIBITS: 1. Resolution No. 2Q1Q-171 including its Exhibit 2. Ordinance No. cs-oaa 3. Certification of Governing Body's Action 4. Certification of Compliance with Government Code Section 20475 2010-171 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF CARLSBAD 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 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full formula) and Section 20037 (Three Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 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 Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" ayfa bythis reference matfeja part hereof. te adopted and approved (Amendment) CON-302 (Rev. 4/96) CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Carlsbad 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 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, January 1, 1997, June 14, 1997, June 25, 2001, December 22, 2003, and December 20, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective December 20, 2004, and hereby replaced by the following paragraphs numbered 1 through 16 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 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 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. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. f'L (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. 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). 5. 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. 6. 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. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after December 20, 2004 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 age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after December 20, 2004 shall be determined in accordance with Section 21354.3 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 (3% at age 60 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in the safety classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. The percentage of final compensation to be provided for each yearxrf credited service as a local safety member entering membership for the first time in the safety classification after the effective date of this amendment to contract shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). b. 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. Section 20042 (One-Year Final Compensation). e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service). g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. h. Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits). i. 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). j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. n i '*" *'"•".r Uu..; «.wx_ k. Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 12. 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. 13. 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. 14. 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 miscellaneous members and local police members. 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 fire 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. 15. 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. 16. 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. B. This amendment shall be effective on the day of , BOARD OF ADMINISTRATION CITY OF COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CARLSBAD BY : BY LORI MCGARTLAND, CHIEF PRESIDING OFFICER EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 0338 PERS-CON-702A 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 ORDINANCE NO. CS-093 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 WHEREAS, the City Council authorized the City to initiate an amendment of the City's contract with CalPERS to provide a 2nd tier retirement plan that includes the 2% at 50 retirement benefit (Section 21362) and Three Year Final Compensation benefit (Section 20037) for employees entering membership for the first time in a City of Carlsbad safety classification effective October 4, 2010. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: That an amendment to the contract between the City Council of the City of Carlsbad and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment marked "Exhibit" to Resolution No. 2010-171 The Mayor of the City of Carlsbad is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. This ordinance shall be effective thirty days after the date of its adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 19 20 21 22 23 24 25 26 27 28 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the day 29tb of JUNE , 2010, and thereafter 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 4 of the City of Carlsbad on the day of 5 2010, by the following vote: 6 " 7 M AYES:8 9 NOES: 10 ABSENT: 11 12 13 CLAUDE A LEWIS, Mayor 15 ATTEST: 16 17 LORRAINE M. WOOD, City Clerk18 (SEAL) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of thecKi Coo A O « fnnve»rni(governing body) on (date) (public agency) (JC^J-s-v-^- /) ~A Clerk/Secretary (J Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20475 I hereby certify that the 0 (4vi C..OOA OlO of the '(governing body) \ oP COJT (sh Q d (public agency) has fully discharged all of the obligation imposed by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, Government Code. By Title Date PERS-CON-30 (Rev. 1/96)