HomeMy WebLinkAboutAgenda Report - May 19, 2010 J-04awAkAGENDA ITEM
• CITY OF LODI
COUNCIL COMMUNICATION
7M
AGENDA TITLE: Adopt Resolution of Intention Approving an Amendment to the Contract Between
the Board of Administration of the Public Employees' Retirement System (PERS)
and the City of Lodi and Introduce Ordinance Amending the Contract Between
PERS and the City of Lodi With Regard to Providing Section 20903 (Two Years
Additional Service Credit) for Local Police Members
MEETING DATE: May 19,2010
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution of Intention approving an amendment to the
contract between the Board of Administration of the Public
Employees' Retirement System (PERS) and the City of Lodi and
introduce Ordinance amending the contract between PERS and the City of Lodi with regard to providing
Section 20903 (Two Years Additional Service Credit) for local police members.
BACKGROUND INFORMATION: The CalPERS Two Year Additional Service Credit program, as
established under California Government Code Section 20903,
allows the City (as part of a budget reduction process) to offer a
retirement incentive of two years service credit to eligible employees. The current PERS contract allows
the City, with Council approval, to offer the program to Miscellaneous and Fire (sworn) employees. The
City of Lodi would like to amend its contract with PERS to make local Police members eligible for the Two
Years Additional Service Credit program.
The first step in the process toward amending the contract between PERS and the City is to adopt the
Resolution of Intention and introduce the Ordinance amending the contract. The second reading will be
on June 16, 2010 which will be the final adoption of the Ordinance and the amendment to the contract.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
V
Dean Gualco,
Human Resources Manager
APPROVED:
Konradt Bartlam, Interim City Manager
RESOLUTION NO. 2010-70
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENTSYSTEM
AND THE
CITY COUNCIL
CITY OF IMI
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 cf 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 20903 (Two Years Additional Service
Credit) for local police members.
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" and by this reference made a part hereof.
4-FVli�O ® I6F
Mavor
Title
19, 2010
Date adopted and approved
(Amendment)
CON -302 (Rev. 4/96)
RESOLUTION OF INTENTION NO. 2010-70
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF LODI
Dated: May 19, 2010
I hereby certify that Resolution No. 2010-70 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 19, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS —None
N L
City Clerk
2010-70
Ca1PERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Lodi
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 June 1,
1966, and witnessed April 27, 1966, and as amended effective July 6, 1966, May 1,
1970,July 1, 1973, July 1, 1977,April 1, 1991, July 7, 1993,June 30, 1996, November
15, 1998, June 12, 2000 and May 17, 2003 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 May 17, 2003, and hereby replaced by the following paragraphs
numbered 1 through 75 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement taw 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,
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after June 1, 1966 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 harmlessthe
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS 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 cf 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 PublicAgency's priornon-CaIPERS 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
CaIPERS 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 rejectthis
Contract with the CaIPERS 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 cf the CaIPERS' Board of Administration.
( The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(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 focal 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. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE
HIRED JUNE 1, 1966 OR THEREAFTER.
6. Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retirement System and applied against the liability for prior service
incurred thereunder. That portion of the assets so transferred which
represent the accumulated contributions (plus interest thereof) required of
the employees under said local system has been credited to the individual
membership account of each such employee underthe Public Employees'
Retirement System.
7. Benefits paid to pensioners and annuitants under the local system on the
effective date of the contract were recalculated, as authorized by Section
20481 of the Government Code, to conform with benefits applicable to
persons retiring after the effective date of the contract except that no
benefit which would have been payable under the continuation of the local
system shall be reduced.
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service prior to June 30, 1977,
termination of Social Security, for members whose service has been
included in Federal Social Security (2% at age 55 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 shall be
determined in accordance with Section 21362.2 of said Retirement'Law
(3% at age 50 Full).
10, Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21536 (Local System Service Credit Included in Basic
Death Benefit).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
C. Sections 21624 and 21626 (Post -Retirement Survivor Allowance)
for local miscellaneous members only.
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 21427 (Improved Nonindustrial Disability Allowance) for
local miscellaneous members only.
f. Section 20042 (One -Year Final Compensation) for local safety
members only.
g. Section 20903 (Two Years Additional Service Credit).
h. 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 20965 (Credit for Unused Sick Leave).
j Section 20938 (limit Prior Service to Members Employed on
Contract Date) for elected officials employed on November 15,
1998.
k. Section 21024 (Military Service Credit as Public Service).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
July 1, 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.
12, Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations cf prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. 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 safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs cf
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.
c. 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.
14. 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.
15. 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 ADM INISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF LODI
:1
LORI MCGARTLANP, ...fEF
EMPLOYER SERMES DIVISION
PUBLIC EMPLOYt-ES' RETIREMENT SYSTEM
f ..
AMENDMENT ER# 626
PERS-CON-702A
BY _
PRESIDING OFFICER
Witness Date
Attest:
Clerk°'
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
City Council cfthe
(governing body)
C i t y of Lodi
(publicagency)
on May 19, 2010
(date)
CIerW
City Clerk
Title
PERS-CON-12 (rev. 1/96)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENTSYSTEM
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 7507
hereby certify that in accordance with Section 7507 of the Government Code
the future annual costs as determined by the System Actuary for the increase
in retirementbenefit(s) have been made public at a public meeting cf the
city Council
(governing body)
City of Lodi
(public agency)
of the
on May 19, 2010 which is at least two weeks prior to the adoption of the
(date)
Resolution/ Ordinance.
Clerk/Secretary
City Clerk
Title
Date Mav 20, 2010
PERS-CON-12A (rev. 1/96)
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF LODI AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment of the contract between the City Council of the City
of Lodi and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto, marked
Exhibit, and by such reference made a part hereof as though therein set out in full.
SECTION 2. The Mayor of the City of Lodi is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of said Agency.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. This ordinance shall be published onetime in the "Lodi News Sentinel", a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
take effect thirty (30) days from and after its passage and approval.
Approved this day of ,2010
PHIL KATZAKIAN
Mayor
ATTEST:
RANDI JOHL
City Clerk
State of California
County of San Joaquin, ss,
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. was introduced at a regular meeting of the City Council of the City of Lodi held
May 19, 2010, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held , 2010, by the following vote:
AYES: COUNCIL MEMBERS—
NOES: COUNCIL MEMBERS—
ABSENT: COUNCIL MEMBERS—
ABSTAIN: COUNCIL MEMBERS—
further certify that Ordinance No. was approved and signed by the Mayor
on the date of its passage and the same has been published pursuantto law.
Approved to Form:
D. STEPHEN SCHWABAUER
City Attorney
K4
RANDIJOHL
City Clerk
AfRR,,-0,k',
CAPERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees" Retirement System
and the
City Council
City of Lodi
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 June 1,
1966, and witnessed April 27, 1966, and as amended effective July 6, 1966, May 1,
1970, Juiy 1, 1973, July 1, 1977, April 1, 1991, July 7, 1993, June 30, 1996, November
15, 1998, June 12, 2000 and May 17, 2003 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 May 17, 2003, and hereby replaced by the following paragraphs
numbered 1 through 15 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.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after June 1, 1966 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 (CaIPERS) and its
trustees, agents and employees, the CaIPERS 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 priornon-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formufas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
Cal PERS 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) PublicAgency's election to file for bankruptcy under Chapter 9
(commencing with section 901j of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, d 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 CaIPERS' Board of Administration.
:� - "- :f; .. .
(fl The termination of this Contract either voluntarily by request of
PublicAgency or involuntarily pursuant to the Public Employees'
Retirement Law.
(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 focal safety members);
C. Employees other than focal 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. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE
HIREDJUNE 1,1966 OR THEREAFTER.
6. Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retirement System and applied against the liability for prior service
incurred thereunder. That portion of the assets so transferred which
represent the accumulated contributions (plus interest thereof) required of
the empioyees under said local system has been credited to the individual
membership account of each such employee under the Public Employees'
Retirement System.
7. Benefits paid to pensioners and annuitants under the local system on the
effective date of the contract were recalculated, as authorized by Section
20481 of the Government Code, to conform with benefits applicable to
persons retiring after the effective date of the contract except that no
benefit which woutd have been payable under the continuation of the local
system shall be reduced.
b • a., i,,..} � 4'a,.' !.w 1—.� k.J } ';, „,i l ' fo..+ i .: S i.. •:
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction providedtherein for service priorto June 30, 1977,
termination d Social Security, for members whose service has been
included in Federal Social Security (2% at age 55 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 shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21536 (Local System Service Credit Included in Basic
Death Benefit).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
C. Sections 21624 and 21626 (Post -Retirement Survivor Allowance)
for local miscellaneous members only.
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 21427 (Improved Nonindustrial Disability Allowance) for
local miscellaneous members only.
f. Section 20042 (One -Year Final Compensation) for local safety
members only.
g. Section 20903 (Two Years Additionai Service Credit).
h. 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).
I. Section 20965 (Credit for Unused Sick Leave).
Section 20938 (Limit Prior Service to Members Employed on
Contract Date) for elected officials employed on November 15,
1998.
k. Section 21024 (Military Service Credit as Public Service).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
July 1, 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.
12, 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 focal safety members of said
Retirement System.
13. 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, ali assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors cf all
local miscellaneous members and local safety members.
b. 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 bylaw,
C. 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.
14. 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.
15. 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.
8. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY r.
LORI MCGARTLAND; C,,HIEF
EMPLOYER SERVI�15S DIVISION
PUBLIC EMPLOYtFS' RETIREMENT SYSTEM
M't
AMENDMENT ER# 626
PERS-CON-702A
day cf
CITY COUNCI L
CITY OF LODI
BY
PRESIDING OFFICER.-, 3
ti � .,�s•Y
Witness Date
Attest:
Clerk/