HomeMy WebLinkAboutAgenda Report - April 15, 2020 H-02AGENDA ITEM
Crrv or Lonr
CouNcu, CoInMUNICATIoN
AGENDA TITLE Adopt Resolution of lntention Approving an Amendment to the Contract Between
the Board of Administration of the California Public Employees' Retirement System
(PERS) and the City of Lodi and lntroduce Ordinance Amending the Contract
Between PERS and the City of LodiWith Regard to Providing Government Code
Section 20516 (Employees Sharing Additional Cost) of One Percent for Local
Miscellaneous Members in the lnternational Brotherhood of Electrical Workers
Group
MEETING DATE: April 15,2020
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION, Adopt Resolution of lntention approving an amendment to the
contract between the Board of Administration of the California 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
Government Code Section 20516 (Employees Sharing Additional Cost) of One percent new local
miscellaneous members in the lnternational Brotherhood of ElectricalWorkers group.
BACKGROUND INFORMATION: Recently, the City negotiated a new labor agreement (MOU) with
the lnternational Brotherhood of Electrical Workers (IBEW). The
parties mutually agreed to enter into a cost-sharing agreement
whereby local miscellaneous members in the IBEW Group will pay 1 percent of the employe/s normal
contribution toward CaIPERS, pursuant to Government Code Section 20516. As such, the City must
formally amend its contract with CaIPERS to include this new cost-sharing provision for IBEW.
There are various steps in the process to amend the contract between CaIPERS and the City. The first
step is to adopt the Resolution of lntention and to introduce the Ordinance amending the contract. The
second step is the final reading and adoption of the Ordinance, scheduled to occur on May 6,2020. lf
adopted, the contract will be amended effective July 13,2020. Employees will begin their cost-sharing
deduction as of July 13,2020. The intent of the amendment is to require CaIPERS to credit those extra
contributions to the employee's personal account.
FISCAL IMPACT:There is no cost associated with this action. By approving the contract
amendment, the City Council will be allowing IBEW members to have the 1
percent employer contribution credited to their individual account rather
than the City account. This is similar to all other cost-sharing arrangements
the City has with other bargaining groups.
FUNDING AVAILABLE: Not applicable
H-z
IM
æ-=4
Steve Schwåbaìt'er (Apr 8, 2020ÌAPPROVED:
Steve Schwabauer, City Manager
4/¿/ø Øart
Adele Post (Apr 8, 2020)
Adele Post,
Human Resources Manager
l-àr" ,6
Andrew Keys (Apr e,ZOZ(il
Andrew Keys,
Deputy City Manager/l nternal Services Director
^ñlþ" calPERs
California Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division
P.O. Box 942703, Sacramento, CA94229-2703
888 CaIPERS (or 88A-225-73771 l-rfY: (877l. 249-7442 | www.calpers.ca.gov
Certification of Compliance w¡th
Government Code Section 2OSL6
I hereby certify that in accordance with Government Code section 20516, City of Lodi and its
local miscellaneous employees have agreed in writing to the following:
Section 205L6 (Employees Sharing Additional Cost) of L%for local miscellaneous
members in the lnternational Brotherhood of Electrical Workers unit
Signature
Title
I
5f a,i nr
Date
PERS-CON-500 (Rev. 7 / 22/ tgl
^ñlb"calpERs
California Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division
P.O. Box 942703, Sacramento, CA94229-2703
888 CaIPERS (or 888-225-7377) | TTY: (8771249-7442 | www.calpers.ca.gov
Certification of Compliance w¡th
Government Code Section 7507
I hereby certify that in accordance with Government Code section75Q7, the future annual costs
as determined by the California Public Employees' Retirement System for the increase or change
in retirement benefit(s) have been made public at a public meeting of the
Otv Council of the Citv of Lodi
(governing body)
on April 15, 2020
(public agency)
which is at least two weeks prior to the adoption of the
Resolution /
(date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the
consent calendar.
Clerk/Secretary
Title
Date 5/s/aot,^
PE RS-CO N-12A (rev. 72 / LLhSl
n(lt¿CaIPERS
California Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division
P.O. Box 942703, Sacramento, CA94229-2703
888 CaIPERS (or 888-225-7377) I TTY: (8771 249-7442 | www.calpers.ca.gov
Certification of Employee Election
I hereby certify that the following employees of the City of Lodi have expressed their approval
or disapproval of said agency's intention to amend its contract to provide Section 20516
(Employees Sharing AdditionalCost) of L%for local miscellaneous members in the lnternational
Brotherhood of Electrical Workers unit on the basis described in the Resolution of lntention
adopted by said agency's governing body on Aoril 15 2020 , in such
manner as to permit each employee to separately and secretly express his choice and that the
outcome of such election was as follows:
Local Miscellaneous
Members as defined in
section 20383
Number of
employees
eligible to vote
35
Number of votes
approving said
participation
Number of votes
disapproving said
participation
01
Clerk or Secretary
(Amendment)
PERS-CON-15 (Rev. f09lL9)
Date
ñ¡ucalPERs
California Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division
P.O. Box 942703, Sacramento, CA94229-2703
888 CaIPERS (or 888-225-73771 l'fTY: (8771 249-7442 | www.calpers.ca.gov
Certification of Governing Body's Action
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
Citv Cou ncil of the
(governing body)
Citv of Lodi
on Aoril 15.2020
(public agency)
Clerk/Secretary
Title
(date)
PE RS-CON 12 (rev. t/22/ L9l
RESOLUTION NO.2020-81
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENTTO CONTRACT
BETWEEN THE
BOARD OF ADM¡NISTRATION
CALI FORN IA PUBLIC EMPTOYEES' RETIREMENT SYSTEM
AND THE
c¡TY COUNC¡L
ctw oF toDl
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 theír employees to amendments to
said Law; and
WHEREAS,one of the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention
to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed in sa'id contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 205L6 (Employees Sharing Additional Cost)of
L% for local miscellaneous members in the lnternational
Brotherhood of Electrical Workers unit.
NOW, THEREFORE, BE lT RESOLVED that the governing body of the above agency does hereby
give notice of ¡ntent¡on to âpprove an amendment to the contract between said
public agency and the Board of Administration of the Public Employees'
Ret¡rement System, a copy of said amendment being attached hereto, as an
"Exhib¡t" and by this reference made a part hereof.
Presiding
Aprll l5; 2020
Date adopted and approved
(Amendment)
coN-302 (Rev. 319/2OL6 lcl
Title
CaIPERS
EXH¡B¡T A
Celifornia
Public Employees' Retirement System+ **"*.***"
AMTENDMTENT TO CONTR.ACT
Between the
Board of .Administration
California Public Employees' Retirement System
and the
City Council
City of Lodi
ÕÞ**-.*.*
The Board of Admlnlstratlon, California Publlc Employees' Retirement System,
hereínafter 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 wltnessed Apr\l27,1966, and as amended effective July 6, 1966, May 1, 1970,
July 1, 1973, July 1,1977, Aprll 1, 1991, July 7, 1993, June 30, 1996, November 15,
1998, June 12, 2000, May 17, 2003, June 17, 2010, December 24,2012, May 20, 2010
and January 27, 2020 whlch provldes for particlpation of Publlc Agency in said System,
Board and Publlc Agency hereby âgree as follows:
A, Paragraphs 1 through 18 are hereby stricken from sald contract as executed
effective January 27, 2020, and hereby replaced by the following paragraphs
numbered I through 18 inclusive;
1, Allwords and termg used herein which are defined ln the Publlc Employees'
Retirement Law shalf have the meanlng as def¡ned therein unless othenrulse
specifically provided. "Normal retirement age" shall mean age 55 for classic
local miscellaneous members, ege 62 for new local miscellaneous
members, age 50 for classic local safety members entering membership in
the safety classification on or prior to December 2 4,2012, age 55 for classic
local safety members entering membership for the first time in the safety
classification after December 24, 2012, and age 57 for new local safety
members.
2
PLEASE DO NOT SIGN -EXHIBIT
ONLY"
Public Agency shall partlcipate in the Public Employees' Retirement System
from end after June 1, 1966 making its employees as hereinafter provlded,
members of said System subJect to all provlslone of the Public Employees'
Retirement Law except such as apply only on electíon of a contracting
agency and are not provided for herein and to all amendments to said Law
hereafter enacted except lhose, which by express provisions thereof, apply
only on the election of a contracting agency.
Public Agency agrees to indemnify, defend and hold harrnless the California
Public Employoes' Retirement System (GaIPERS) and its trustees, agents
and employees, the GaIPERS Board of Admlnistration, and the Californla
Public Employees' Retirement Fund from any clalms, demands, actions,
losses, liabifities, damages, judgments, expensês and costs, including but
not llmited to lnterest, penaltles and attorney fees that may arise as a result
of any of the following:
(a) Public Agency's efection to provide rstirement benefits,
provislons or fonnulas under this Contract that are different than
the retirement bonefits, provlsions or formulas provided under the
Public Agency's prlor non-CaIPERS retirement program,
(b) Any dlspute, disagreement, claim, or proceeding (including
without limitation arbitratlon, admlnistratlve hearing, or litigation)
between Public Agenoy and its employees (or their
representatives) whlch relates to public Agoncy's election to
amend this contract to provlde reilrement benefits, provlslons or
formulas that are different than such employees' exlsting
retirement benefits, provisions or formulas
(c) Publlc Agency's agreement with a thlrd party other than CalpERS
to provide retirement benefits, provlsions, or formulas that are
different than the retlrement beneflts, provlslons or formulas
provided under this Contract and provided for under the California
Public Ëmployees' Retirement Law.
Employees of Public Agency in the following classes shall become
mêmbers of said Retirement system excøpt euch in each such class as are
excluded by law or thie agreement:
a. Local Fire Fighters (hereln referred to as localsafety mombers);
b. Local Police Officers (herein refered to as localsafety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous mernbers),
ln addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become
members of eaid Retirement System:
\t.
4
5
7
I
I
e
F'LEASË D0 N()T SIGN "[XHlBlT Ofiily"
PERSONS COMPENSATËD ON AN HOURTY BASIS WHO ARE
HTRED JUNE 1,19ô6 OR THEREAFTER.
6.Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retlrement Systern and applied against the liability for prlor sorvice incurred
thereunder. That portion of the aseete so transferred which represont the
accumulated contrlbulions (plue lnterest thereo$ required of the employees
under said local system has been credlted to the individual membership
account of each such ernployee under the Publlc Empfoyees' Retirement
System,
Benefits paid to pensioners and annuitants under the local system on the
effective date of tho contract were recalculated, as authorized by Section
20481 of the Governrnent Code, to conform with benefits appficable to
persons retiring after the effective date of the contract except that no benefit
whlch would have been payablo under the continuation of the local system
shall be reduced,
The percentage of final compensation to be provided for esch year of
credited prior and current service for classic looal mlscellaneous members
shall be determined in accordance with Sectlon 21364 of sald Retirement
Law, subJact to the reduction provided therein for service prior to June 30,
1977, termination of Soclal Security, for members whose service has been
included ln Federal Socíal Securlty (2o/o alage 55 Full and Modlfled).
The percentage of final compensation to be provided for each year of
credited prior and current service as a new looal miscellaneous member
shall be delerrnined in eccordance with Sectlon 7522.20 of said Retirement
Law (20lo at age 62 Full),
10. The paroentage of flnal compensetion to be provided for each year of
credlted prior and current serulce as a classic local safety member entering
rnembershlp in the safety classlflcatlon on or prior to December 24,2012
shall be determined in accordance with Sectlon 21362.2 of said Retirement
Law (3% at age 50 Full).
11, The peroentage of final compensation to be provided for each year of
credited current servlce as a classlc local safety member enterlng
rnembership for the fírst tlme in the safety classificatlon after December 24,
2012 shall be determined ln accordance with Section 21363.1 of said
Retlrement Law (3% at age 55 Full).
12, The percentage of final compensatlon to be provided for each year of
credited prior and current serv¡cê as a new local safety mernber shall be
determlned in accordance with Section 7522,25(d\ of said Retirement Law
(2.7Y0 at age 57 Full).
13, Public Agency elected and elects to be subject to the following optlonal
provlsions:
â.
b.
c,
t r t" ¡liì[ DLj {,li] I l;i(lN "[.]ill[Ji l" ûíi!t.Y"
Seotion 21536 (LocalSystem Service Credit lncluded in Baslc Death
Benefit).
Section 21222.1 (One-Time 5% lncrease - 1970). Legislation
repealed said Section effectlve January 1, 1980.
S ections 21 â24 and 2 I 626 ( Post-Retirement Su rvivor Allowa nce) for
local mlscellaneous membere only.
d. Section 21579 (Third Levelof 1959 Survlvor Benefits).
o, Seotlon 21427 (lmproved Nonindustrial Disablllly Allowanco) for
local mlecellançous mambers only.
Í, Section 20û49 (One-Year Final Compensatlon) for classic local
*afety members entering membershlp on or prior to December 24,
2412,
g. Section 20903 (Two Years Additional Service Crodit),
h, Section 30434 ("Loeal Flre Flghter" shall lnclude any officer or
employee of a fire department employed to perforrn firefighfing, fire
prevention, fks trâining, hazardous materials, omergency medical
servlcee, or ,firs or arson lnvestigation eervicog as described ln
ûsvernmçnt Code Section 20434).
i. Sectlon 20985 (Credit for Unused Slclr Leave),
¡, Sectiun 20t38 (Limit Prlor Sen¡lce to Members Emptoyed on
Contráct Date) for elocted oftictalr employed on November 15, l gg8.
k. Section 21024 (Military Service Credit as Public Servlce).
l, Soctlon 20475 {Dlfferent Levelof Benefits): Section 21303,1 (3% @65 Full forumula) and $ection 40037 (Three - Year Final
Compeneation), are oppllcable to classic local safety members
entering mernberehlp for the flrst tlme wlth thls agency ln the safety
classifiûation after Decemeber 24, 20'12.
m. Section 20516 (Employeee Sharing AddttionatCost):
From and after May 20,2019, 3% Ípr local miscellaneous members
in the Unrepresented Confidentlal Mid-Management group,
Unrepresented Confidentia I Gene ra I $ervices g rü up, Unrep resenlêd
Executive Managernent group, Unroprerented Councll Appointees
group, Lodl City Mid-Management, AFSCME Maintenance and
Operators Unit Local 146 and Lodi Pollce Dispatchers group.
From and after May 20,2019, 2o/ofo¡ localmiscellaneoue membors
in the AFSCME GeneralServices Unit Local 146.
14,
í i i';ìi :iii i'ilii :,i,,,,ì'r l¡ii;' it,)ì,;:',"
From and after May 20, 2019, 3% for localflre members in the Lodi
Professional Flrefighters and Lodi Fire Mid-Management unit.
Frorn and after May 20,2CI19,3% for local pollce members in the
Lodi Police Mid-Management unit.
From and afterMay 20,2019,30/o forclassic localpollce members in
the Police Offlcers Association of Lodi.
From and after January 27,2O2O,6lolor new local pollce members
in the Police Officers Assoclation of Lodl.
From and after the effective date of this amendment to contract, 1%
for localmlscellaneous members ln the lnternationalBrotherhood of
Electrlcal Workere unit.
The portion of the ernployer's contrlbution that tho member agrees
to contrlbute from hls or her compensation, over and above the
member'g normal oontrlbutlon ("Cost Sharing Percentage"), shall not
exceed the Employer Normal Cost Rate, as that rate is defined in the
CaIPERS Actuarial Valuatioñ for the relevant fiscal ydar. lf the Cost
Sharing Percentage willexceed the relevant Employer Normal Cost
Rate, the Gost Sharlng Percentage shall automatically be reduced to
an emount equal to, and not to exceed, the Employer Normal Cost
Rate for the relevant fiscalyear.
Public Agency, in accordance wlth Government code sectlon 207go,
ceased to be an "ernployer" for purposes of Section 20834 effectlve on
January 1 , 1977. Accumulated contributions of Publlc Agency shall be flxed
and determined as provlded ln Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as provided
in Government Code Sectlon 20834.
15, Public Agency shall contribute to said Retirement System the contrlbutlons
determined by actuarial valuatlons of prlor and future service liability with
respect to local miscellaneous members and local safety members of saíd
Retirement System.
16. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the I959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subjectto annualchango.) ln addltion, all assets and liabilities
of Public Agency and its employees shall be pooled ln a single
account, based on term insurance rates, for survivors of all local
migcellaneous members and local safety members.
A reasonable amount, as flxed by the Board, payable ln ono
installment wilhin 60 days of date of contract to cover tfre costs of
adminietering said System as it affects the employces of Public
Agency, not including the cosls of special valuations or of the
periodic investigatlon and valuations required by law.
b.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the ocoaslons ârlse, to cover the costs of special
valuatlone on aocount of employees of Public Agency, and costs of
the periodic investigation and valuatlons required by law.
'17 . Contrlbutlons requlred 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
Retlrement System as determined by the periodic investigation and
vafuation required by sald Retirement Law.
18. Contributions requíred of Publlc Agency and its employees shall be paid by
Public Agenoy to the Rotirement Systern wlthin fifieen 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 rnade ln connection with
subsequent remittances. Adjustments on account of errors ln contributions
requlred of any employee may be made by direct payments between the
employee and the Board.
B This amendment shallbe.eRèAlve on the day of L,
BOARD oF ADM|N|STRAT|qS ctTy couNctL
PUBLIC EMPLOYEES'RE?REMENT SYSTEM CITY OF LODI
BY
PENSION
roN
PUBLIC
AMENDMENT GaIPERS lD #84485029S0
PERS-CON-7o2A
AND PREFUNDING
, RETIREMENT SYSTEM
PRW
Atte'st:
BY
Clerk
ApFrrvrd rúo fom'
Dated: April 15,2420
I hereby certify that Resolution No. 2020-81wes passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 15,2020, by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
-An"l*rm.&'",*
PAMELA M, FARRIS
Assistant City Clerk
The foregoing document. is cerfifìed to be a conêctcopy of rhe ortsinat on fite- in ilrä óìtv Cl.äË äfn..pamela M. Faris
Assistant Oty Clerk, City of Lodi
Þated:5 t5/âog,o
2020-81
DECLARATION OF POSTING
ORDINANCE NO. 1976
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
On Thursday, April 16, 2020, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1976 (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 April 16,2020, at Lodi, California.
ORDERED BY:
PAMELA M. FARRIS
ASSISTANT CITY CLERK
Pamela M. Farris
Assistant City Clerk
Kaylee Clayton
Administrative Clerk
ordsummaries\aaDecPost.doc
ORDINANCE NO. 1976
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 ís 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 _ day of _,2020
ATTEST
DOUG KUEHNE
Mayor
PAMELA M. FARRIS
Assistant City Clerk
l, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1976 was introduced at a regular meeting of the City Council of the City of Lodi held April 1S,
2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held _,2020, by the following vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
I further certify that Ordinance No. 1976 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:PAMELA M. FARRIS
Assistant City Clerk
JANICE D. MAGDICH
City Attorney
tsv fiffiIT A
CaIPERS
EXHIBIT A
California
Public Employees' Retirement System
,æ.iñ'¡îiìì-"*.r¡;+riì,.?
*Þ ***r---
AN4IEINDMIEINT TO CONTR-ACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Lodi
' t *".r*'*-*-'.r'*-¡n¡-rr
The Board of Administration, California Publlc 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 I,
1966, and witnessed Aprll2T , 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, June 17,2010, December24,2012, May20,2019
and January 27, 2020 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
Paragraphs 1 through 18 are hereby stricken from said contract as executed
effective January 27, 2020, and hereby replaced by the following paragraphs
numbered I through 1B inclusive:
A.
1,Alf words and terms used herein which are defined in the Public Employees'
Retirernent Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for classic
local miscellaneous members, age 62 îor new local miscellaneous
members, age 50 for classic local safety members entering membership in
the safety classification on or prior to December 24,2A12, age 55 for classic
local safety members entering membership for the first tirne in the safety
classification after December 24, 2012, and age 57 for new local safety
members.
2
3.
PLËASE DO NOT SIGN "EXHIBIT ONLY'
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 provlsions 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
hereafier enacted except those, which by express provisions thereof, apply
only on the election of a contracting agency.
Public Agency agrees to indemnify, defend and hold harmJess the california
Public Ernployees' Retirement System (CaIPERS) and its trustees, agents
and employees, the GaIPERS Board of Administration, and the california
Public Employees' Retirement Fund from any claims, demands, actions,
losses, liabilities, damages, judgrnents, expenses and costs, including but
not limited to interest, penalties and attorney fees that may arise as a result
of any <¡f the following:
(a) Public Agency's electíon to provide retirement benefils,
provlsions or formulas under this contract that are different than
the retirement benefits, provisions or formulas províded under the
Public Agency's prior non-CaIPERS retirement program,
(b) Any dispute, disagreement, claim, or proceeding (including
without limitatíon arbitration, administrative hea ring, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Puþlic Agency's election to
amend this contract to provide retirement benefits, provisions or
forrnulas that are different than such employees' existing
retirement benefits, provisions or formulas
(c) PublicAgency's agreementwith a third party other than CalpERS
to provide retirement benefits, provisions, or formulas that are
different than the retirement benefits, provisions or formuras
provided under this contract and provided for under the california
Public Employees' Retirement Law.
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 (hereln referred to as localsafety members);
b, Local Police Officers (herein refered to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
4.
c
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 Retirernent System:
5.
6
PLËASI DO N(]T SIIìN "EXI-IIBIT OI,JLY,,
A. PERSONS COMPENSATED ON AN HOURLY EASIS WHO ARE
HTRED JUNE 1, 1966 OR THEREAFTER.
Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retírement 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,
Benefits paid to pensioners and annuitants under the local system on the
effective date of tho contract were recalculated, as authorized by Section
20481 of the Governrnent 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,
The percentage of final compensation to be provided for each year of
credited prior and current service for classic local miscellaneous members
shall be determined in accordance with Section 21354 of said Retirement
Law, subject to the reductiorr provídod therein for service prior to June 30,
1977, termination of Social Security, for members whose service has been
included in Federal Social Security (2o/o atage 55 Full and Modifled).
ïhe percentage of final compensation to be provided for each year of
credited prior and current service as a new local miscellaneous member
shall be determined in accordance with sectlon 7522.20 of said Retirement
Law (2olo at age 62 Full),
7.'
8,
9,
10
12
The percentage of final compensation to be provided for each year of
credited prior and current servlce as a classic local safety member entering
membership in the safety classificatíon on or prior to December 24,2012
shall be determined in accordance with Section 21362.2 of said Retirement
Law (3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of
credited current service as a classic local safety member entering
membership for the first time in the safety classification after December 24,
2012 shall be determined in accordance with Section 21363.1 of said
Retirement Law (30/o at age 55 Full),
The percentage of final compensation to be provided for each year of
credited prior and current service as a new local safety mernber shall be
determined in accordance with Section 7522,25(d) of said Retirement Law
(2.7% at age 57 Full).
13 Public Agency elected and elects to be subject to the following optional
provisions:
a.
b.
c.
' '
t;\!ìi: ilü i',Ji) i liirji,l "l,Xill[Ji i" iJi,li)i "
$eotia.n 91536 (Lacal$ystem seruice credit lncluded in Basic Þosth
ËleneTit).
section 21222.1 (one-Time 5o/o rncrease - 1970). Legíslation
repealed said Section effective January 1, 1990.
sections 21624 and 21626 (post-Retirement survivor Allowance) for
local miscellaneous members only.
Section 2'1579 (Third Levelof 1g5g Suruivor Benefits).
section 21427 (lmproved Nonindustrial Disability Allowanco) forlocal miscellaneous members only,
se-ction 20042 (one-year Flnal compensation) for classic local
gafety members entering membership on or prior to December 24,2012,
Section 20903 (Two Years Additional Service Credit):
section 20434, ("Local Fire Fighte/' shall inctude any officer oremployee of a fire department employed to perform fireÍighting, fireprevention, fire training, hazardous materiais, emergencly mðàicatservices, or fire or arson investigatiorr services aJ oeåcr¡oed inGovernment Code Section 204.3q:
Section 20965 (Credit for Unused Slck Leave),
section ?0938 (Limit prior service to Members Employed oncontract Date)for etected officials employed on Novembei- t6, 1ggs,
Section 21024 (Military Service Credit as public Service).
section 20475 (Different Levet of Benefits): section 21963.1 (3r/o @55 Full fo.rumula) and section 20097 (Three - year Finalcompensation), are applicable to classic iocal safety members
entering membership for the fírst time wlth this agency ¡ñ ftre safety
classification after Decemebe r 24, 2012.
Section 20516 (Emptoyees Sharing Addltional Cost):
From and after May 20,2019, lo/o Íor rocal misceltaneous members
il the Unrepresented Confidential Mid-Management group,
u nrepresented confidentia I Gene ra I services g ro u pl u n rep resented
Executive Management group, unrepresenteð council Aþpointeesqroup' Lodi city Mid-Management, AFSCME Maintenånce and
Operators Unit Local 146 and Lodi police Dispatchers group.
From and after May 20,2019, zo/o tor rocal miscellaneous members
in the AFSCMË Generalservices Unit Local 146.
d.
e,
g.
h,
j,
k.
t.
m
14.
15,
16
i i,' , :;,,i,;,:l.,i,,,,:'i,r,i; il iji,;.,.','
From and after May 20, ?019, B% for localfire members in the Lcdi
Professional Firefighters and Lodi Fire Mid-Managoment unit.
From and after May 20,2a19,370 for local police members in the
Lodi Police Mid-Management unit.
From and after May 20, 2019,3% for crassic local police members in
the Police Officers Association of Lodi.
From and after January 27,2020,6% for new local police members
in the Police Otficers Association of Lodi.
From and afterthe offective date of this amendmentto contract, 1%
for localmiscellaneous members ln the lnternatíonal Brotherhoód ofElectrical Workers unit.
The portion of the employer's contribution that tho member agreesto contribute from his or her compensation, over and abové themember's rrormal contribution ("cost sharing percentage,'), shall not
exceed the Employer Normalcost Rate, as that rate is ãefined in the
calPERS Actuariatvatuarion for rhe retévant nscàiveãi- ¡lrh; ı;tsharing Percentage will exceed the relevant Employer Normal cost
Rate, the cost sharing percentage shall automatìcaily be reduced toan amount equal to, and not to exceed, the Employer Normal cost
Rate for the relevant fiscal year.
Public.Agency, in accordance with Government code section 20790,ceased to be an "employer" for purposeg of section 20994 effective onJanuary 1 , 1977. Accumulated contributions of public Agency sha¡ þe fixedand determined as provided in Government code sãoioh 20g34, and
accumulated contributions thereafter shall be held by the Board as provided
in Government Code Section Z0Bg4.
Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuatlons of prior and futúre seruice fiaOility witñ
respect to local miscellaneous members and local safety members of sa¡¿Retirement System.
Public Agency shall also contribute to said Retirement system as follows;
contributions required per covered member on account of the l gsg
survivor Benefits provided under section 21579 of said Relirement
Law, (subject to annual change.) rn addition, all assets and liabilitiesof Public Agency and its employees shalr be pooled in a single
account, based on term insurance rates, for suruivors of all loóal
rniscellaneous members and local safety members.
A reasonable amount, as fixed by the Board, payable ln 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 theperiodic investigation and valuatipns required by law.
a,
b.
17.
18.
BY
NITA
PENSION C
PR SION
PUBLIC
AMENDMENT CaIPERS ID #6448502s90
PERS.CON.702A
This amendment shallbe,e$lèctive on the _ day of
c. A reasonable amount, as fixed by the Board, payable in oneinstallment as the occasions arise, to cover the öoéts of specialvaluations on account of employees of public Agency, and costs ofthe periodic investigation and varuations requireð by râw,
contributions required of Public Agency and its employees shall be subject
lg adJustment by Board on account of amendments to the pu'¡lio
Employees' Retirement Law, and on account of the experience under theRetirement system as determined by the periodic investigation andvaluation required by said Retirement Law.
contributions required of.public Agency and its employees shall be paid byPublic Agency to the Retirement system within fifteen days after the end ofthe period to which said contribuiions refer or as may'be prescribed bypoar! regulatíon, lf more or less than the correct amount oi contributioné
is paid for any period, proper adjustment shall be made ln connection withsubsequent remittances. Adjustments on account of errors in contributionsrequired of any employee may be made by direct payments between theernployee and the Board,.
B
BOARD OF ADMINISTRATIÑ
PU BLIC EMPLOYEES' RFUÀ,EMENT SYSTEM
CITY COUNCIL
ctw oF LOD|
BY
Atte'st:
IDING OF R
AND PREFUNDING
RETIREMENT SYSTEM
Clerk
Apprrvuû r b foru