HomeMy WebLinkAbout2010-07-27; City Council; 20330; PROPOSED CHARTER AMENDMENT NOVEMBER 2010 ELECTIONCITY OF CARLSBAD - AGENDA BILL 19
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DEPT.
20,330
7/27/10
Clerk/HR
General Municipal Election
November 2, 2010
Proposed Charter Amendment
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RECOMMENDED ACTION:
The City Council has determined that the retirement formula for safety employees hired after
October 4, 2010 shall be the 2% @50 formula. If the Council wishes to place this matter on the
ballot for consideration by the voters, it's action is to adopt Resolution No. 2010-201
specifying the question to be submitted to the voters at the General Election of November 2, 2010.
Adopt Resolution No. 2010-202 amending Resolution No. 2010-137, calling and giving
notice of a General Municipal Election to be held in the City of Carlsbad on November 2, 2010, for
the purpose of submitting a Charter Amendment to the qualified voters of Carlsbad; and, amending
Resolution No. 2010-138, requesting the San Diego County Board of Supervisors consolidate the
Carlsbad General Municipal Election with the Statewide General Election on November 2, 2010.
Adopt Resolution No. 2010-203 , authorizing certain council members to file a written argument.
Adopt Resolution No. 2010-204 directing the City Attorney to prepare an impartial analysis.
Adopt Resolution No. 2010-205 , providing for the filing of rebuttal arguments.
ITEM EXPLANATION:
• At its May 18, 2010 meeting Council directed staff to amend the City's contract with the
California Public Employees' Retirement System (CalPERS) to create a 2nd tier retirement
plan for fire safety employees hired after October 4, 2010, at the 2% @ 50 retirement formula,
Resolution No. 2010-117.
• At its June 8, 2010 meeting, Council directed staff to amend the City's contract with the
California Public Employees' Retirement System (CalPERS) to create a 2nd tier retirement
plan for police employees hired after October 4, 2010, at the 2% @ 50 retirement formula
effective October 4, 2010, Resolution No. 2010-141.
• At its June 29, 2010 meeting, Council directed staff to amend the City's contract with the
California Public Employees' Retirement System (CalPERS) to create a 2nd tier retirement
plan for police management employees hired after October 4, 2010, at the 2%@ 50
retirement formula, Resolution No. 2010-170.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
XDnnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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On June 29, 2010, Council adopted Resolution No. 2010-171, adopting a Resolution of Intention to
approve an amendment to the contract with CalPERS, and introduced Ordinance No. CS-093,
amending the CalPERS contract covering local safety members.
Therefore, a Charter Amendment is proposed be submitted to the qualified voters of Carlsbad that
states:
Section 502 Retention of Benefits
Safety employees hired on or after October 4, 2010 (the effective date of the ordinance
amending the City's contract with CalPERS to create a second tier of retirement benefits
for safety employees) shall not have their retirement benefit formula (commonly known as
the 2% at 50 years of age formula) increased without an amendment to this section. The
City Council may reduce this formula as provided in state law without an amendment to
this section.
The documents attached will accomplish the following:
Resolution No. 2010-201 orders the submission of the Proposed Charter Amendment
regarding "Retention of Benefits" to the qualified voters of Carlsbad.
Resolution No. 2010-202 . amends Resolutions Nos. 2010-137 and 2010-138 calling the
November 2, 2010 General Municipal Election and election consolidation with the County of
San Diego and by ordering the submission of the Charter Amendment by adding Section 502-
"Retention of Benefits" to the qualified voters of Carlsbad for consideration.
Resolution No. 2010-203 authorizes certain council members to file a written argument.
Resolution No. 2010-204 directs the City Attorney to prepare an impartial analysis.
Resolution No. 2010-205 provides for the filing of rebuttal arguments.
FISCAL IMPACT:
Charter Amendment:
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.
Election Costs:
The cost of the election is estimated at $115,000, however, variables which could change the
cost are number of candidates and the number of registered voters. By adding a Charter
Amendment to the ballot, the election cost increases to $150,000 (an increase of $35,000).
The recommended budget for FY 2010-11 includes the necessary funds to cover the costs
related to the ballot measure/election.
Page 3
EXHIBITS:
1. Resolution No. 2010-201 ordering the submission of the Proposed Charter Amendment
regarding "Retention of Benefits" to the qualified voters of Carlsbad.
2. Resolution No. 2010-202 amends Resolution No. 2010-137, calling the General
Municipal Election, and amends Resolution No. 2010-138, consolidating with the County of
Diego for the Statewide General Election on November 2, 2010.
3. Resolution No. 2010-203 authorizing certain council members to file a written argument.
4. Resolution No. 2010-204 directing the City Attorney to prepare an impartial analysis.
5. Resolution No. 2010-205 providing for the filing of rebuttal arguments.
6. Ballot Measure Timeline.
DEPARTMENT CONTACT: Lorraine Wood, City Clerk 760.434.2808
Julie Clark, Human Resources Director 760-602-2440
lorraine.wood@carlsbadca.gov / julie.clark@carlsbadca.gov
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RESOLUTION NO. 2010-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ORDERING THE SUBMISSION
OF A PROPOSED CHARTER AMENDMENT TO THE QUALIFIED
ELECTORS OF THE CITY AT THE GERNERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010
WHEREAS, the City Council has determined that the retirement formula for safety
employees hired after October 4, 2010 shall be the 2% at 50 formula; and
WHEREAS, pursuant to authority provided by Article XI, Section 5 of the
Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9,
Chapter 3, Article 3 (commencing at § 9255) of the Elections Code of the State of
California, the City Council of the City of Carlsbad, California, desires to submit to the
voters a proposed Charter Amendment relating to Retention of Benefits; and
WHEREAS, the City Council is authorized to submit the proposed Charter
Amendment to the voters:
Shall the Charter of Carlsbad, California be amended to
add Section 502 Retention of Benefits limiting increases in safety
retirement benefits without an amendment to this section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 (the effective date
of the ordinance amending the City's Contract with CalPERS to create a
second tier of retirement benefits for safety employees) shall not have
their retirement benefit formula (commonly known as the 2% at 50
years of age formula) increased without an amendment to this section.
The City Council may reduce this formula as provided in state law
without an amendment to this section.
YES
NO
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That a charter amendment, Section 502, "Retention of Benefits" for safety
5 employees hired after October 4, 2010, is to be submitted to the qualified voters
6 of Carlsbad at the November 2, 2010 General Municipal Election.
7 2. That the City Clerk shall certify to the passage and adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Blackburn.
ABSENT: None.
ATTEST:
(SEAL)
M.(A/GlOD, CityClerkQ
1 RESOLUTION NO. 2010-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO.
2010-137, CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
4 NOVEMBER 2, 2010 AND AMENDING RESOLUTION NO.
2010-138, REQUESTING CONSOLIDATION WITH THE
COUNTY OF SAN DIEGO WITH THE STATEWIDE
ELECTION ON NOVEMBER 2, 2010, BY ORDERING THE
SUBMISSION OF A PROPOSED CHARTER AMENDMENT
TO THE QUALIFIED ELECTORS OF THE CITY
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WHEREAS, on June 8, 2010, City Council adopted Resolution No. 2010-137,y
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calling and giving notice of holding a General Municipal Election on November 2, 2010
for the purpose of electing a Mayor, two Council Members, a City Treasurer and City
Clerk for full terms of four years; and
WHEREAS, on June 8, 2010, City Council also adopted Resolution No. 2010-138,
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Carlsbad's General Municipal Election with the Statewide General Election to be held on
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November 2, 2010, and permit the Registrar of Voters to render specified services
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relating to the conduct of an election; and
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WHEREAS, the City Council hereby amends Resolution No. 2010-137 by ordering
the submission of a proposed charter amendment to the voters of Carlsbad in addition to
the election of a Mayor, two Council Members, a City Treasurer and City Clerk for full
terms of four years; and
WHEREAS, the City Council hereby amends Resolution No. 2010-138, requesting
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Municipal Election with the Statewide General Election to be held on November 2, 2010,
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for the purpose of electing a Mayor, two Council Members, a City Treasurer, City Clerk
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and the submission of a proposed charter amendment to the voters of Carlsbad.28 r
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3 1. That pursuant to the requirements of the laws of the State of California
4 relating to Charter Law Cities within the State, the election of the qualified
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electors of the City of Carlsbad is called for the purpose of the election of a
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Mayor, two Council Members, a City Treasurer, City Clerk and the
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submission of a ballot measure.8
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
2. BE IT FURTHER RESOLVED that the Board of Supervisors of the County
of San Diego is hereby requested to consolidate this election with the other
elections to be held on the same day, in the same territory, or in territory
that is in part the same.
13 3. BE IT FURTHER RESOLVED that if this consolidation is ordered, then
14 pursuant to Section 10411 of the Elections Code (a), the election shall be
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held in all respects as if they were only one election; (b) only one form of
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ballot shall be used; and (c) the Registrar of Voters of the County of San
Diego shall canvass the returns of the subject election as part of the
canvass of the returns of the election or elections consolidated hereby.
4. BE IT FURTHER RESOLVED that if this consolidation is ordered, then
pursuant to Section 10410 of the Elections Code, within the territories
affected by this order of consolidation, the election precincts, polling places,
23 voting booths and polling hours shall, in every case be the same, and there
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shall be only one set of election officers in each of the precincts.
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1 5. BEIT FURTHER RESOLVED that the County of San Diego shall be
2 reimbursed in full for the services performed by the Registrar of Voters for
3 the City of Carlsbad upon presentation of a bill for them.
6. BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the
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City of Carlsbad is hereby directed to deliver this Resolution to the Clerk of
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the Board of Supervisors of the County of San Diego and to the Registrar of
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Voters of the County of San Diego.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Blackburn.
ABSENT: None.
ATTEST:
L/ORRA)NE M
(SEAITJ
'OOD, City ClerKj
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RESOLUTION NO. 2010-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING
THE CHARTER AMENDMENT REGARDING RETENTION
OF BENEFITS
WHEREAS, a General Municipal Election is to be held in the City of Carlsbad,
California, on November 2, 2010, at which there will be submitted to the voters the
following measure:
Shall the Charter of Carlsbad, California be
amended to add Section 502 Retention of Benefits
limiting increases in safety retirement benefits
without an amendment to this section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010
(the effective date of the ordinance amending the
City's Contract with CalPERS to create a second
tier of retirement benefits for safety employees)
shall not have their retirement benefit formula
(commonly known as the 2% at 50 years of age
formula) increased without an amendment to this
section. The City Council may reduce this formula
as provided in state law without an amendment to
this section.
YES
NO
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
3 1. That the City Council authorizes the following Council Members:
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Claude A. Lewis (For) Ann J. Kulchin (For)
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Matt Hall (For) Mark Packard (For)
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Keith Blackburn (Against)
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to file a written argument in support of the measure, not to exceed 300 words,
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9 accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in
10 accordance with Article 1, Chapter 3, Division 9 of the Elections Code of the State of
11 California and to change the argument until 5:00 p.m. on August 17, 2010, as fixed by
12 the City Clerk after which no arguments for or against the amendment may be
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14 2. That the City Clerk shall certify to the passage and adoption of the Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Blackburn.
ABSENT: None.
ATTEST:
LORRAINE
(SEAL)
OOD, City Ck&k
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RESOLUTION NO. 2010-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF A CITY
MEASURE
WHEREAS, a General Municipal Election is to be held in the City of Carlsbad,
California on November 2, 2010, at which there will be submitted to the qualified voters
the following Charter Amendment, to wit:
Shall the Charter of Carlsbad, California be amended to
add Section 502 Retention of Benefits limiting increases
in safety retirement benefits without an amendment to
this section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 (the
effective date of the ordinance amending the City's
Contract with CalPERS to create a second tier of
retirement benefits for safety employees) shall not have
their retirement benefit formula (commonly known as
the 2% at 50 years of age formula) increased without an
amendment to this section. The City Council may
reduce this formula as provided in state law without an
amendment to this section.
YES
NO
WHEREAS, the City Council desires to have an impartial analysis prepared
showing the effect of the amendment on existing law and the operation of the
amendment.
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3 1. That the City Council directs the City Clerk to transmit a copy of the
4 amendment to the City Attorney.
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2. Pursuant to the provision of Section 9280 of the Elections Code of the
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State of California, this City Council does direct the City Attorney to prepare
an impartial analysis of the amendment showing the effect of the8
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
amendment on the existing law and operation of the amendment.
3. That the impartial analysis shall not exceed 500 words in length.
4. That the impartial analysis shall be filed in the Office of the City Clerk by
the date and time set by the City Clerk for the filing of rebuttal arguments.
13 5. That the City Clerk shall certify to the passage and adoption of this
14 Resolution; and shall enter the same in the file of Original Resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Blackburn.
ABSENT: None.
LEWIS', Ivlaytfr
ATTEST:
LQRRAttiE M
(SEAL)
OOD, City Cle
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SUBMITTED AT MUNICIPAL ELECTIONS.4
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WHEREAS, Section 9285 of the Elections Code of the State of California
authorizes the City Council, by majority vote, to adopt provisions to provide for the filing
of rebuttal arguments for measures submitted a municipal elections;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. That pursuant to Section 9285 of the Elections Code of the State of
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California, rebuttal arguments, not to exceed 250 words, shall be filed with the City
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/"'t J...-<
RESOLUTION NO. 2010-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS FOR CITY MEASURES
Clerk, by the author or a majority of the authors of an argument relating to a city
measure or may authorize in writing any other person or persons to prepare, submit, or
sign the rebuttal argument not more than 10 days after the final date for filing direct
arguments. Rebuttal arguments are due by 5:00 p.m. on August 27, 2010, as fixed by
the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct
19 arguments. Each rebuttal argument shall immediately follow the direct argument which
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it seeks to rebut.
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3. That the provisions listed above shall apply only to the election to be held22
on November 2, 2010.23
4. That the City Clerk shall certify to the passage and adoption of this
Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Blackburn.
ABSENT: None.
rfL/l r/j
^^X^f /^//zA\EWIS, (Mayor'
ATTEST:
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L/ORF$INE NM/VOOD, City'ClerkQ
(SEAL)
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Exhibits
City of Carlsbad Ballot Measure Timeline - November 2, 2010 Election
August 3 Last Council Meeting for Council to Call Election for Ballot Measure,
Impartial Analysis, Rebuttals
August 6 Last Day for Ballot Measure to be Received by Registrar of Voters
August 11 Last Day to Withdraw Ballot Measure
August 12 Clerk to Publish Ballot Argument Deadline Notice
August 12 Clerk to Publish Notice of Election for Measure
August 17 Arguments in Favor of or in Opposition to Ballot Measure to Clerk
August 17 Suggested Date for City Attorney to File Impartial Analysis w/Clerk
August 18 Clerk to Trade Arguments for Preparation of Rebuttals
August 27 Rebuttal Arguments Filed w/Clerk
August 30 Final Ballot Measure Materials to Registrar of Voters
November 2 Election Day
December 14 Certification of Election
Charter Amendment Proposal
Debbie Porter
July 27, 2010
CalPERS Retirement Benefit
Safety Employees
Formula Basis for Calculating Final
Average Earnings (FAE)
Current 3% @ 50 Single highest year
2nd Tier
Employees hired after
10/4/10
2% @ 50 Final 3-year average
Section 502 Retention of Benefits
Safety employees hired on or after October 4, 2010 (the
effective date of the ordinance amending the City’s contract
with CalPERS to create a second tier of retirement benefits for
safety employees) shall not have their retirement benefit
formula (commonly known as the 2% at 50 years of age
formula) increased without an amendment to this section. The
City Council may reduce this formula as provided in state law
without an amendment to this section.
QUESTIONS?
Pension Benefit Comparison -Safety
Ex. Final salary = $91,000 Total years of service = 28
1.0%
1.5%
2.0%
2.5%
3.0%
50 51 52 53 54 55 56 57 58 59 60Factor
Retirement Age
2% @ 55 2% @ 50 3% @ 55 3% @ 50
1Does not include the effect of EPMC or other special compensation (ex. uniform allowance)
3@50: 28 yrs x 3% x $91,000 = $76,440
2@50: 28 yrs x 2.7% x $91,000 =$68,800
Sample Benefit1 at Age = 55
Estimated Savings (thousands)
Year SAFETY
2@50
3-yr FAE1
2010/11 $12
2011/12 $25
2012/13 $46
2013/14 $85
2014/15 $141
2015/16 $216
2016/17 $285
2017/18 $360
2018/19 $440
2019/20 $531
Total Over 10 yrs $2,141
Projected Savings of 2nd Tier Formula
1Final Average Earnings (FAE) used to calculate retirement benefit