HomeMy WebLinkAboutAgenda Report - November 21, 2012 J-01AGENDA ITEM J-01
' CITY OF LODI
COUNCIL COMMUNICATIONTM
AGENDA TITLE: Ordinance No. 1866 Entitled, "An Ordinance of the City Council of the City Lodi
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"
MEETING DATE:
PREPARED BY:
November 21, 2012
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1866.
BACKGROUND INFORMATION: Ordinance No. 1866 entitled, "An Ordinance of the City Council of
the City Lodi 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," was introduced at the special City Council
meeting of October 30, 2012.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov fCode§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi JohI
City Clerk
RJfjmr
Attachment
APPROVED:
onradt Bartlam, City Manager
N:\Hdministration\CLERK\Council\COUNCOM\Ordinance1.DOC
ORDINANCE NO. 1866
AN ORDINANCE CIE' THE CITY COUNCIL OF THE CITY LODI
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 CIE' THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to 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 A, 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 amendmentfor 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 one time 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 21St day of November, 2012
&A,I—. VrOA L
6 AN MOUNCE
Mayor
ATTEST:
RAN [51
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. 1866 was introduced at a special meeting of the City Council of the City of Lodi held
October 30, 2012, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held November 21, 2012, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1866 was approved and signed by the Mayor
on the date of its passage and the same has been publisrsuant to law.
RANDIJOHL
City Clerk
A"moo
Ca1PERS
California
Public Employees' Retirement System
: 0;9 -� -
EXHIBIT
AN[ENDMENT TO CO CT
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 PublicAgency, 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, May 17, 2003 and June 17, 2010 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective June 17, 2010, 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 55 for local miscellaneous members and age 50 for local safety
members entering membership in the safety classificatian on or prior to
the effective date of this amendment to contract and age 55 for local
safety members entering membership for the first time in the safety
classification after the effective date of this amendment to contract.
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. PublicAgency 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 PublicAgency's prior non-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
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 901) of Title 11 of the United States
Bankruptcy Code and/or PublicAgency's election to reject this
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) PublicAgency's election to assign this Contract without the prior
written consent of the CalPERS' Board of Administration.
(� The termination of this Contract either voluntarily by request of
PublicAgency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by PublicAgency in existing retirement
benefits, provisions or formulas made as a result cf
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of PublicAgency 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. 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 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 cf 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.
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 cf 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 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 year of
credited current 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
21363.1 of said Retirement Law (3% at age 55 Full).
11. 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 (One -Time 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 entering membership on or prior to the effective date of
this amendment to contract.
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).
i• Section 20965 (Creditfor 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).
Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 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
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.
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. PublicAgency 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 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.
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 PublicAgency, 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 COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF LORI
BY BY
KAREN DE FRANK, CHIEF PRESIDING OFFICER
CUSTOMERACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS D 16448562990
PERS-CON-702A
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employer Services Division
Contract Maintenance Unit
PO Box 942709
Sacramento, CA 94229-2709
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 20903
In accordance with Government Code Section 20903 and the contract between the Public
Employees' Retirement System, the City Council of the City of Lodi hereby certifies that:
1. Because of an impending curtailment of, or change in the manner of performing service, the
best interests of the agency will be served by granting such additional service credit.
2. The added cost to the retirement fund for all eligible employees who retire during the
designated window period will be included in the contracting agency's employer contribution
rate for the fiscal year that begins two years after the end of the designated period.
3. It has elected to become subject to Section 20903 because of impending mandatory
transfers, demotions, and layoffs that constitute at least 1 percent of the job classification,
department or organizational unit, as designated by the governing body, resulting from the
curtailment of, or change in the manner of performing, its services.
4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created
by retirements under this section or at least one vacancy in any position in any department
or other organizational unit permanently unfilled thereby resulting in an overall reduction in
the work force of such department or organizational unit.
THEREFORE, the City Council of the City of Lodi hereby elects to provide the benefits of
Government Code Section 20903 to all eligible members who retire within the designated
period, September 20, 2012 through March 17, 2013.
Atte
City Cle
December5,2012
Date
CITY COUNCIL
OF TH
CITY VF ODI
I
ayor
2yr certification -PA (Rev. 4/04)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employer Services Division
Contract Maintenance Unit
P.O. Box 942709
Sacramento, CA 94229-2709
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 20903
In accordance with Government Code Section 20903 and the contract between the
Public Employees' Retirement System, the City Council of the City of Lodi hereby
certifies that:
1. Because of an impending curtailment of, or change in the manner of performing
service, the best interests of the agency will be served by granting such additional
service credit.
2. The added cost to the retirement fund for all eligible employees who retire during
the designated window period will be included in the contracting agency's
employer contribution rate for the fiscal year that begins two years after the end of
the designated period.
3. It has elected to become subject to Section 20903 because of impending
mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the
job classification, department or organizational unit, as designated by the
governing body, resulting from the curtailment of, or change in the manner of
performing, its services.
4. Its intention at the time Section 20903 becomes operative is to keep all vacancies
created by retirements underthis section or at least one vacancy in any position in
any department or other organizational unit permanently unfilled thereby resulting
in an overall reduction in the work force of such department or organizational unit.
THEREFORE, the City Council of the City of Lodi hereby elects to provide the benefits
of Government Code Section 20903 to all eligible members who retire within the
designated period, September 19, 2012 through March 17, 2013
Alle,sl'.-
Clerklaecret5ry
September 24, 2012
Date
CITY COUNCI L
OF THE
CITY OF/LODI
8YX—x/co(�� 0� yy)92i'11�
�Iesiding Officer
2yr certification -PA (Rev. 4/04)
lAkk,,. CaIP t IZS
P.O. Box 942715 Sacramento, CA 94229-2715
888 CaIPERS (or 888-225-7377)1 Fax: (800)959-6545
www.calpers.ca.gov
California Public Employees' Retirement System
Please submit this cover sheet along with the corresponding documents to the fax
number listed above or mail to the following address:
P.O. Box 942715
Sacramento, CA 94229-2715
Date: September 19, 2012
From: City of Lodi
CalPERS ID: 6448562990
Document Type: Memorandum of Understanding (MOU)
Contract/Agreement Type: Two Year Additional Service Credit
Contract/Agreement Number: 30044
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