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HomeMy WebLinkAboutAgenda Report - December 4, 2019 I-01AGENDA ITEM ¡.OI Crrv or Lour CouNcrr-, CovTMUNIcATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Ordinance No. 1973 Entitled, "An Ordinance of the City Council of the City of 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" December 4,2019 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1973. BACKGROUND INFORMATION: Ordinance No. 1973 entitled, "An Ordinance of the City Council of the City of LodiAuthorizing 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 regular City Council meeting of November 6, 2019. 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. ld. 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't Code S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPAGT: Not applicable. FUNDING AVAILABLE: Not applicable. ifer M erraiolo Clerk JMF/PMF Attâchment APPROVED Stephen N :\Admin istration\CLERK\Cou ncil\COUNCOM\Ordinancel . DOC , City Manager @ Pleuse immediutely contirm receipt of this -føx by cullìng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 95241-I9TO ADVERTISING INSTRUCTIONS FULL TEXT OF ORDINANCE NO. I973 PUBLISH DATE: SATURDAY, DECEMBER 7, 2019 SUBJEGT: LEGAL AD TEAR SHEETS WANTED: One (1} please SEND AFFIDAV¡T AND BILL TO: LNS ACCT. #051OO52 DATED: ORDERED BY: THURSDAY, DECEMBER 5, 2019 JENNIFER M. FERRAIOLO GITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed tothe Sentinel atclassifiedl@lodinews.com at ltfiSO (time) on l2,l S/tQ gatel'-Tr-' N:\Administration\ClERK\OrdSummaries\Advins fi¡ll text.doc CITY OF LODI The text of Ordinance No. 1973, which is for the purpose of authorizing an amendment to the contract between the City of Lodi and the Board of Administration of the California Public Employees' Retirement System, is hereby published in its entirety below as adopted by the Lodi City Council on December 4,2019. ORDINANCE NO. 1973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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' RETI REM ENT SYSTEM THE CITY COUNCIL OF 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 true and correct copy of the Amendment to Contract ("Amendment") is available in the City Clerk's Office and made a part hereof as though fully set forth herein. SECTION 2. The Mayor of the City of Lodi is hereby authorized, empowered, and directed to execute the Amendment for and on behalf of the City of Lodi. SECTION 3. 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 days from and after the passage and approval by the City Council of the City of Lodi. Approved this 4th day of December,2019 ATTEST: Mark Chandler Mayor JENNIFER M. FERRAIOLO City Clerk l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. l9T3wasintroducedataregularmeetingof theCityCouncil of theCity of Lodi held November 6, 2019, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 4, 2019, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1973 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law, Approved as to Form JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney DECLARATION OF POSTING ORDINANCE NO. 1973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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' RETIREM ENT SYSTEM On Thursday, December 5, 2019, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1973 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 5,2019, at Lodi, California ORDERED BY JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LODIAND THE BOARD OF ADMINISTATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF 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 true and correct copy of the Amendment to Contract ("Amendment") is attached hereto as Exhibit A and made a part hereof as though fully set forth herein. SECTION 2. The Mayor of the City of Lodi is hereby authorized, empowered, and directed to execute the Amendment for and on behalf of the City of Lodi, SECTION 3. 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 days from and after the passage and approval by the City Council of the City of Lodi. Approved this 4th day of December, 2019 ATTEST MARK CHANDLER Mayor JENNIFER M. FERRAIOLO City Clerk l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1973 was introduced at a regular meeting of the City Council of the City of Lodi held November 6, 2019, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 4,2019, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1973 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CaIPERS EXHIBIT A California Public Employees' Retirement System .,0Þt*r-.==..=: A},TENDMBNT TO CONTRACT Between the Board of Àdmin¡stration Californta Publtc Bmployees' Retirement System and the City Council City of Lodi rr¡Fã¡=ÊFÉ t --*.The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public egency, hereinafter referred to as Public Agency, having entered into a contract effective June 1, 1966, and witnessed April27, 1966, and as amended effective July6, 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, June 17,2010, December 24,2012 and May 20, 2019 which provides for participation of Public Agency in Eald System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 18 are hereby stricken from said contract as exeouted effective May 20, 2019, and hereby replaced by the following paragraphs numbered'l through 18 inclusive: A, 1, All words and terms used herein whích are defined in the Publlc Employees' Retirement Law shall have the meaning as defined thereln unless otherwise specifically provided, "Normal retlrement age" shallmean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members entering mernbership in the safety classification on or prior to December 24,2012, age 55 for classic local safety members entering membership for the first tlme in the safety classification after Decomber 24,2012, and age 57 for new locsl safety members. 2, PLEASE DO NOT SIGI\I "EXHIBIT ONLY'' Public Agency shall participate in the Publio Employees' Retirement system from and after June 1, 1966 maklng 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 eleotion of a contracting agency and are not provided for herein and to all amendrnents to said Law hereafter enacted excapt those, which by express provisions thereof, apply only on the election of a contracting agency. Public Agency agrees to lndemnify, 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, llabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney 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 orformulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Any dispute, disagreernent, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agenoy's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retírement benefits, provisions or formulas. (c) PublicAgency's agreernentwith a thlrd partyotherthan CaIPERS to provide retirement benefits, provlsions, or formulas that are different than the retirement benefits, provisions or formulas provided underthis Contractand provided for underthe California Public Employees' Retirement Law. Employees of Publlc Agency ln the followlng 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 localsafety members); Local Police Officers (herein referred to as localeafety members); Employees other than local safety membêrs (herein referred to as local miscellaneous members), 3. 4 b. c. 6 5. 7, 10, 11, PLEASE DO NOT SIûI! "EXHIBIT OÍ{LY" ln 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: â. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE HIRED JUNE I, I966 OR THEREAFTER. 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 whlch 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 Publlc Employees' Retirement System, Benefits paid to pensioners and annuitants under the local systern 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 afterthe offective date of the contract except that no benefit which would have been payable under the continuation of the local system shall be reduced, The percentage of final compensation to be provided for each year of credited prior and current servioo for classic looal 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 pf Social Security, for members whose service has been included ln Federal Social Security (2% atage 55 Full and Modlfled), The percentage of final compensation to be provided for each year. of crediied prior ãnd current servioe as a new local mlscellaneous member shall be determined in accordance with Section 7522,20 of said Retirement Law (2o/o at age 62 Full), The percentage of final compensation to be provided for each year of credited prior ánd current service as a classic localsafety member entelinq rnembership in the safety classlficatlon on or prior to Decembe¡ 24,2O12 shall be determinEd ln accordance wlth Section 21362,2 of said Retirement Law (3% at age 50 Full). The percentage of final compensation to be provided for eaoh year. of crediied current service as a. classic local safety member entering membershíp for the first time in the safety classification after December 24, 2012 shall'be deterrnlned in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). I, o frLEA$E D0 N0T Slûf! ',t-XHlBlT 0l)Jl/,,12. The percentage of final compensation to be proviðed fo?'each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirernent Law (2.7o/o at age 57 Full). 13, Publlo Agency elocted and elects to be subject to the following optional provisions: a, Section 21536 (LocalSystem Service Credit lncluded in Basic Death Benefit). Section 21222.1 (One-Time 50/o lncrease - 1970). Legislation repealed said Section effective January 1, 1980, Sections 21824 and 21626 (Post-Retirement SurvivorAllowance) for local miscellaneous members only. Section 21573 (Third Levelof 1959 Survivor Benefits). Section 21427 (lmproved Nonindustrial Disability Allowance) for local miscellaneous members only. Section 20042 (One-Year Final Compensation) for classic local safety members entering membership on or prior to December 24, 2012, g, $ection 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 'prevênl¡on, fire trainlhg, hazardous matorlals¡ emergency medical services, or liie or ärson investigati'on services as ,described in Government Code Section 204341. i. Section 20965 (Credit for Unused Sick Leave). j, Section 20938 (Limit Prior Service to Members Employed on Contract Þate)for elected officiale employed on November 15; 1998. k. Section 21024 (Military Service Credit as Public Service). Section 20475 (Different Levelof Benefits): Section 21363.1 (3% @55 Full forumula) and $ection 20A37 $hree - Year Final Compensation), are applicable to classic local safety members entering membership for tho first time with thís agency in the safety classification after Decemebe r 24, 2012. b c. d, e, f m. Sestion 20516 (Employees Sharing Additional Cost): PLEASE DO NOT SIüN 'ËXHIBIT Of'ILY" From and after May 20, 2019, 3o/olor localmiscellaneous membersin the Unrepresented Confidential Mid-Management group, Unrepresented Confidential General Services groupr Unrepresented Executive Management group, Unrepresented Council Appointees group, Lodi Gity Mid-Management, AFSCMÉ Maintenance and Operators Unit Local 146 and Lodi Police Dispatchers group. From and after May 20, 2019,20/o lor local miscellaneous members in the AFSCME General Services Unit Local 146. From and after May 20, 2019, 3o/oÍor local fire members in the Lodi Professional Firefighters and Lodi Fire Mld-Management unit. From and after May 20, 2019, 3% for local police members in the Lodi Police Mid-Management unit. From and after May 20, 2019, 3o/oÍo¡ classic localpollce members in the Police Officers Association of Lodi. Frorn and after the effective date of this amendment to contract, 670 for new local police members in the Police Officers Association of Lodi, The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normalcontribution ("Gost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate ls defined ln the CaIPERS Actuarial Valuation for the relevant fiscal year. lf the Cost Sharing Percentage will exceed the relevant Employer NormalCost Rate, the Cost Sharing Percentage shallautomatically be reduced to an amount equal to, and not to exoeed, the Employer Normal Cost Rate for the relevant fiscalyear. 14. Public Agency, in accordance with Government Code Sectlon 20790, ceased to be an "employe/' for purposes of Section 20834 effective on January 1, 1977. Accumulated contributions of Public Agenoy shall be fixed and determined as provided in Government Code Section 20834, and accurnulated oontributions thereafter shall be held by the Board as provided in Government Code Section 20834, Public Agency shall contribute to said Retirement $ystem 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, 15, 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 Sectlon 21573 of said Retirement Law, (SubJect to annual change.) ln addition, allasEets and liabilfties of Public Agency and its employees shall be pooled in a single 16 A reasonable amount, aE 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 lncluding 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 employeee of Public Agency, and costs of the periodic lnvestigation and valuations required by law. 17, Contr¡but¡ons 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, 18. Contributions required of Public Agency and its employees shall be pald 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. lf 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 on the day of b. BOARD OF ADMINI PUBLIC EMPLOYEES' ñ. PENSION CO PROGRAMS toN PUBLIC AMENDMENT CAIPERS ID #6448562990 PËRS.CON.702A CITY COUNCIL SYSTEM CITY OF LODI ,{ , !^-r.'..j ),,¡+ BY P BY ER AND PREFUNDING ' RETIREMENT SYSTEM ,,.. ., r,. i Clerk DECLARATI OF POSTING ORDINANCE NO. I973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LODIAND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM On Thursday, November 7, 2019, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1973 (attached hereto, marked Exhibit "4") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 7, 2019, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Deputy City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING AN AMENDMENT TO THË CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LODI AND THE BOARÐ OF ADMINISTATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM === ======= = === == === = === == ===== ===== ========================= ===== ========= == THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Loli and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a true and correct copy of the Amendment to Contract ("Amendment") is attached hereio as Exhibit A and made a part hereof as though fully set forth herein. SECTION 2. The Mayor of the City of Lodi is hereby authorized, empowered, and directed to execute the Amendment for and on behalf of the City of Lodi. SECTION 3. This Ordinance shall be published one time in the "Lodi News Sentinel", a dailynewspaper of general circulation printed and published in the City of Lodi, and shall take effect thirty days from and after the passage and approval by the City Councii of the City of Lodi. Approved this 4th day of December, 201g ATTEST: MARK CHANDLER Mayor JENNIFER M. FERRAIOLO City Clerk l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. 1973 was íntroduced at a regular meetíng of the City Councit of tne iity ot Lodi hetd November 6,2019, and was thereafter passed, adopted, and ordered to print at a regular meeting ofsaid Council held December 4,2019, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1973 was approved and signed by the Mayor on the dateof its passage and the same has been published pursuant to law. Approved as to Form JENNfFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney EKþ"I Iffi¡î A CaIPERS EXHIBIT A Galifornia Publlc Employees' Retirement System ffi*--+ì-'*{}Þ-=: AMENDMENT TO CONTRACT Between the Board of ÀdrufuisF¿tion C.alifornia Public Employeest Retirement System and'the City Council City of l¡odi+l---¡l-,!'-1ìTE The Board of Administration, California Public Employees' Retirement System,hereinafter referred to as Board, and the governing UoOy of the above þubfic ré"nr',hereinafter referred !o_ as..P_1blic_Agency, naving entãred ¡ñto a oontract efiective ¡-une i,1966, and witnessedAp_ril27, 1966, anú as amènded effective.lu¡vo, ig6e, n¡ry 1, 1970; {1tft,.1973, ¡ulyl.: 1-977, April 1, 19.91, JuJy 7, 1ggg, June eq r'gg-6, ñouember 1s, 1998, June 12, 200a,-May 1.7,2009, 1rye 12, 2CI1o, Dbcember 24,2012 and May 20,2019 which provides for participation of Public Agency in said Systeñ.Èoãrd and public Agency hereby agree as follows: A' Paragraphs 1 through 18 are hereby stricken from said contract as executedeffective May 20, 2019, and hereby replaced by the following paragraphs numbered 1 through lB inclusive: 1, All words and terms used herein which are defined in the public Employees' Retirement Law shall have the meaning as defined therein unÈss oineñ,vbe specifically provided, "Normal retirement age" shallmean age SS for classiclocal miscellaneous members, age 62-for new local miscellaneous members, qge l_0 for classic local safety members entering membership inthe safety classification on or prior to Debemb er 24,2012, alge 55 for chåsiclocal safety members entering-memtership for the first tirãe in the sátetyclassification after December 24, 2012, and age 57 for new local sàfeti members. 2. PLËASE DO NOT SIGÍ! "EXHIB¡T ONLY" Pub I ic Agel cv s hall p.articþate in the.public Ëmployees' Retirement systemfrom and after June 1, lg66 making its empuyåuããri"rinafter provided,members of said system subject tıail provirräñã;iü* puulió Ërñpbñ;;,Retirernent Law except such es apr.pri. onv ãn..lläii"n ot a coñrã.tingagency and are not provided for herejn-and io all ameÁümãntr tffiilü;hereafter enacted except those, which oy expressirıúii¡ðns iË..r,åöprvonly on the election of a contracting agency. lrP!|.leelcy agr:gE to indemniff, defend and hotd hanntess the california P ub tic E m p roveel' R grir.e-Tg{ lfste m 1c-a 1ee ns i; il ¡ts trù steeı;ädï,and.emPloyees, the calPERs ebaro oi eomin¡stí"i¡on, and the CalifornlaPublic F.ryql9v".s' Retirement Fund.from ànv ãi"i;;, demands, actions,losses, liabilities, damages.,.judgments, expenses ànã'costs, including butnot limited to interest, penarties ánd attórndy feã; th"*uy arise as a resurtof any of the followingi (a) Public Agency's election !q provide retirement benefits,provisions or formulas under this öontract that are different inànthe retirement benefits, provisions or tormuËs provided under thepublic Agency's prior non-carpERS ret¡remàni nràj; sy' r¡r\ (b) Any dispute,. disagreement, gra.iry, or. proceeding (incrudingwíthout limítation arbitration, administrativå hearins, or litiqationìbetween. pubtic Asency and its empì;iäå -'(;;" ;iüirepresentatives) which rel{es to public Aþeñcy's elect¡on ióamend this.Contract to provide retirement beiefíté, proui.¡oir òiformutas that are dirrerent than suón -ã*jroiö*,- Ë*niinéretirement benefits, provisions or formulas. (c) Public Agency.'s agreement with a third party other than calpERSto--provide retirement benefits, provisiòns,'or formulas tnat aiãdifferent than the retirement'benetits, irouisions or formurasprovided under this Contract and providåci rot underthe cal¡foiniaPublic Employees, Retirernent Ldw. Employees of publlc Agen:cy in the following classeE shall becomemembers of said Retirement $ystem except sucfi¡n ãach such ctass 8s areexcluded by law or this agreement: a. Local Fire Fighters (herein referred to as localsafety members); b. Local Porice officers (herein referred to as rocarsafety members); c. Employees other than local safety members (herein referred to aslocal miscellanoous members), 3. 4 5 PLEASE DO NOT Sh]N .'EXHIBIT O[JLY,, ln 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: â. PERSONS GOMPENSATED ON AN HOURLY EAgtS WHO ARE HIRED JUNE 1, 1966 OR THEREAFTER. 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 whlch 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 Publlc Employees' Retirement System. B-enefits paid to pensioners and annuitants under the local system on the effectíve date of the contract were recalculated, as authorized by section 20481 of the Government code, to conform with benefits appiicable to persons retiring after the offective date of the contract except that no benefit which would have been payable under the continuation of the local system shall be reduced, The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous rnàmbers shall be deterrnined ln accordance with Section21354 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% atage 55 Fuil and Modlfled), The percentage of final compensation to be provided for each year of credited prior and current service aE a new local miscellaneous member shall be determined in accordance with Section 7522,20 of said Retirement Law (2o/o at age 62 Full). The.percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classlflcation on or prior to December 24,20'12 shall be determined in accordance wlth Section 21362,2of said Retlrement Law (3% at age 50 Full). The percentage of final compensation to be provided for each year of credited current service as a classic local safety member enterlng membershíp for the first time ín the safety classification after December 24, 2012 ehall be determined in aocordanoe with section 21969.1 of said Retirernent Law (3% at age 55 Full). 6. 7 I o 10. 11, 12, 13, Í]LEA$E DÛ NOT SION "IXHIBIT OIIIV' The..percentage of final compensation to ue piıü¡äeã'd#',each year ofcredited prior and current service as a new local safety member dtra1 Oedetermined in accordance with section 7522.26(d¡ of sãio Retirement Law (2.7o/o at age 57 Full). Publlc. Agenoy elected and elects to be subject to the following optional provisions: e, Section 21536 (LocalSystem Service Credit lnctuded in Basic Death Benefit). b, section 21222_.1 (one-Time 5% lncrease - 1970). Legislation repealed said Section effective January 1, 19g0, c. Sections 21.624and21626(Post-RetirementSurvivorAllowance)for local miscellaneous members only, d, section 21570 (Third Level of 1g59 survivor Benefits). e, Section 21427 (lmproved Noníndustrial Disability Allowance) for local miscellaneous members only, f. section 20042 (one-year Final compensation) for classio local g?fgly members entering membership on or prioi to December 24,2012, g, Section 20903 (Two years Additional Seruice Credit). h, section 20434 ("Locaf Fire Fighte/, shall include any officer or employee of_a fke deBartrnent ernployed to perform fi¡eiighgng, fireprevenlion, fire tralnlng, hazardous mateilaie, emeroendy rnã,åieal qervices, or fire or arson investigation services ,að,deéeribed in Government Code Section z}ßq: ¡. Sectíon 20965 (Credit for Unused Sick Leave), j, sectíon 2099s_ (Limit Frior $ervice to Members 'Ernplcyed, on contract Date) for elected officials emptoyed on NovemuEi iá, lggg. k. section 21024 (Military service credit as public service), l. sectian2O4Tï (Different Levor sf Benefits): $ection 21369.1 (3vo @55 Full forumula) and $ection aai,0:97 (Three - year' Finãl compensation), a.r9 -applicable to classlc iocal safoty members entering mernb_ership for tho first time with this agency ¡ñ tne safety classification after Decernebe r 24, 2012 m. Sestion 20516 (Employees Sharing Additional Cost): 14. 15, PLËASE DO NOT SION ..ËXHIBIT Of'ILY', From and after May 20, z0lg, 3% for rocal miscellaneous membersin the unrepresented confidential Mid-Management group, u n represented confid ential General servlces g roup, unrep reãentéd Executive Managemgl! sroup, unrepresenteð council Aþpointeesgroup, Lodi Gity Mid-Management, AFscMË Maintenåñce and operators unit Local 146 and Lodi police Dispatchers group. From and after May 20, 2019, zo/o tor rocal mlscellaneous members ín the AFSCME General Services Unit Local 146. From and after May 20, 2019, 3o/oÍor local fire mernbers in the Lodi Professional Firefighters and LodÍ Fire Mid-Management unit, From and after May 20, 2019, s% for local police members in the Lodi Police Mid-Management unit. From and after May 20, 2019,ro/oiot classic local pollce members inthe Police Officers Association of Lodi. Frorn and after the effective date of this amendment to contract, 67ofor new local police members in the Police Officers Association of Lodi, The portion of the employe/s contribution that the member agreesto contribute from his or her oompensation, over and abovã the member's normal contribution ("cost sharing percentage"), shalt not exceed the Employer NormalCost Rate, aE fhat rate ls áefined in the CaIPERS ActuarialValuation for the relevant fiscalyear. lf the Cost sharing Percentage wiil exceed the relevant Employer Normalcost Rate, the Cost Sharing Percentage shallautomaticaity Ue reduced toan amount equal to, and not to exceed, the Employer Normal cost Rate for the relevant fiscalyear. Public.{ge.ncv, in accordance with Government code section 20790, ceased to be an "employe/' for purposes of Section 20994 effective on January 1, 1977, Accumulated contributions of public Agency shall be fixedand determined as provided in Government code séction 20æa, ànd accumulated contributions thereafter shall be held by the Board as provided in Government Code Section ZOgg4. Public Agency shall contribute to said Retirement System the contributions determined by actuaríal valuations of prior and futúre service liability withrespect to local miscollaneous members and local safety members of said Retirement $ystem, Public Agency shallalso contribute to said Retirement system as follows: contributions requlred por covered member on account of the 1g5g survivor Benefits provided under section z1s7g of said Retirernent Law. (subject to annual change.) rn addition, allassets and liabilitiesof Public Agenoy and its employees shall be pooled in a single 16, a, 17, 18. PUBLIC EMPLOYEES' ù ARNITA PAIGE, PENSION PROGRAMS roN PUBLIC 'R AMENDMENT ÇaIPERS ID #6448562990 PËRS.CON.7o2A CITY COUNCIL SYSTEM CIW OF LODI PRESI b. A reasonable amount, as fixed by the Board, payable in one lnstallment within 60 days of date of contract to covei the costs ofadministering.said system as it affects the employees of public Aggncy, not tncludinþ the costs of special vàlüatíons or or inã 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 üre èoðts of special valuations on account of emproyees of public Agency, and costs of the periodio investigation and valuations required by ¡,äw. contributions required of Public Agency and its employees shall be subject 19 adiustment by Board on account of amendments to the pu'blic Employees' Retirement Law, and on account of the experionce under theRetirement System as determined by the periodic'investigation anovaluation required by said Retirement Láw, Gontributions required of.Public {Sencv and its employees shall be paid by Public {S9ncy to tle Relirement System within fifteen days after ttre eno otthe period to which said contributíons refer or as may -be prescribed byBoard regulation. lf more or less than the correct amount oi contributionå is paid for any period, proper adjustment shall be made ln connect¡ón w¡tn subsequent remittances. Adjustments on account of errors in contributions required of afy employee may be made by direct payments between theemployee and the Board. B, This amendment shall be on the day of BOARD OF "'{ ) ,--t--- ': . \ R AND PREFUNDING ETIREMENT SYSTEM .¡,. !.: (". Clerk