HomeMy WebLinkAboutAgenda Report - May 6, 2020 I-01AGENDA ITEM I-OI
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AGENDA TITLE:
MEETING DATE: May 6,2020
PREPARED BY: City Clerk
Ordinance No. 1976 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"
RECOMMENDED ACTION Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1976.
BACKGROUND INFORMATION: Ordinance No. 1976 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 April 15,2020.
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 IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Pamela M. Farris
Assistant City Clerk
Attachment
APPROVED:
n uer, City Manager
PMF
\\cvcfilvOl\administration$\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC
@ Pleuse immedíøtely confirm receipt
o thís cøIIi 3 3 3-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNTA 95241-I9TO
ADVERTISING INSTRUCTIONS
FULL TEXT OF ORDINANGE NO. I976
PUBLISH DATE: SATURDAY, MAY 9, 2020
SUBJECT:
LEGAL AD
TEAR SHEETS WANTED: One (1ì please
SEND AFFIDAVIT AND BILL TO
LNS ACGT. #5lOOl52
DATED:
ORDERED BY
THURSÐAY, MAY7,2O2O
PAME¡.A M. FARRIS
ASSISTANT C¡TY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
PAMELA M. FARRIS, ASSISTANT CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper - Copy to File
SEþ PR.qOF oF ADVERTISEMENT, THANK YoUIII
Emailed ts the Sentinel at classi'ied1@lodinews.com at S r5S (time) on 5:F/.4O <a^t l
\\cvcfilvO1\administration$\Administration\tllERK\OrdSummaries\Advins full text.doc
The text of Ordinance No. 1976, 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
May 6, 2020.
ORD¡NANCE NO. I976
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
ADMIN¡STATION 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 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 6th day of May,2020
ATTEST:
DOUG KUEHNE
Mayor
PAMELA M, FARRIS
Assistant City Clerk
l, Pamela M. Farris, Assistant City Clerk of the Cíty 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 15,
202Q, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held May 6,2020, 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
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
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, May 7, 2020, in the City of Lodi, San Joaquin County, California, a
ceñified copy of Ordinance No, 1976 (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 May 7 , 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 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 6th day of May, 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 May 6,2020, 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
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
EXH'I,tsIT A
Californie
Public Ëmployees' Retirement Systern
AMIEX TRACT
Between the
Board of Àdministration
California Public Employees' Retirement System
and the
Cþ Council
City of Lodi
r.årl*n#äıä¡Ð¡Fr*.¡r*.$ *r',.*"t*i;-*r"",*a**,
The Eoard of Admfnlstretlon, Callfornia Publlc Employees' Retlrement System,
hereinafter referred to as Board, and the governing body of the above public âgency,
hereinafter referred to as Publlc Agency, having entered into a contract efÍective June i,
1966, and wltnessed Aprll 27 , 1966, and as amended effective July 6, 1 g66, May 1 , 1 gz0,
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, May 20,2019
and January 27, 2020 whlch provldes for partlclpatlon of Publlc Agency ln said System,
Board and Publlc Agency hereby âgree as follows:
A, Paragraphs 1 through 18 are hereby stricken from said contract as executed
effective January 27, 2A20, and hereby replaced by the followlng paragraphs
numbered 1 through 18 inclusive;
1, Alf words and terms used herein whlch are defined ln the Publlc Employees'
Retirement Law ehall have the meaning ae deflned thereln unless otherwise
specifically provided. "Normal retirement age" shall rnean age 55 for classic
local mlscellaneous members, age 62 for new local misoellaneous
mernbers, age 50 for classÍc local safety members enlerlng membership ln
the safety classificatlon on or prior to December 24,2012, age 55 for classlc
local safety members entering memberehlp for the firet time in the safety
classiflcation afler December 24, 2012, and age 57 for new local safety
members.
2.
PLËASE DO NCIT SIGN "EXHIBIT ONLY'
PublicAgency shallpartlcipate in the pubric Employees, Retirement system
from and after June 1, 1966 making its employees as hereinafter proüHed,
rnembers of.said system subject to all provlslons of the public Erirployeesi
Retlrement Law except such as apply only on elecflon of a contrdrcting
agency and are nol provided for herein and to all amendments to said Law
hereafter enacted except those, which by exprese provisíons thereof, apply
only on the electlon of a contracting agency.
PublicAgenÇy agrees to indemnify, defend and hold harmless the callfornia
Public Employees' Retirement lystem (calpERS) and its trustees, agents
and employees, the calPERS Board of Administration, and the caliiornia
Public Emp.loyees' Retirement Fund from any claims, demands, actions,
logsos, liabllitias, damages, judgmenls, expenses and costs, including bui
not llmlted to lnterest, ponalües and attorney fees that may ailse as a räsuft
of any of the followíng:
(a) Publlc Agency's election to provide retirement beneflls,provlslons or formulas under thls Contract that are different than
the retirement boneflts, provlsrons or formulas provlded underthe
Public Agency's prlor non-CalPERS reilrement program,
(b) Any dlspute, disagreement, craim, or proceeding (includlng
without limitation arbikatlon, adrnlnlstratlvá hearlng, är'litigation)between Public Agency and its emproyeãs (or- therl
representatlves) whlch relates to public Ageñcy's electlon to
amend this.Gontract to provlde retirement beñefitå, provlslons orformulas that are different than such employees' ei¡st¡ng
retirement benefifs, provisions or formulas.
(c) Publlc Agency's agreement with a thlrd party other than calpERS
to provide retirement benofits, provlsions,-or formulas that are
ditferent than the reilrement beneflts, provlslons or formulãs
qrovide{ under thls contract and provided for undor the california
Publlo Employees' Retirement Law.
Employees of Public Agency in the following classes shafl become
memberg of sald Retirement system except euch ¡n eaoh such class as are
excluded by law or this agreement;
a. Local Flre Fighters (hereln referred to as localsafety members);
b. Local Police otficers (herein refered to as localsafety members);
c, Employees other than local safety members (herein refer¡ed to as
loca I miscellaneous mernbers),
ln addition to the classes of employees excluded from rnembership by said
Retirement Law, the following classes of employees shall not'become
members of said Retlrement System:
3,
4
5,
0.
7
8.
10.
11.
12,
PLEASE DO N(]T $IGN "EXHIBIT OI,JLY,,iI. PERSONS COMPEN$ATED ON AN HOURLY BASIS WHO ARE
HTRED JUNE 1, 1966 OR THEREAFTER.
Assets heretofore accumulated with respect to members in the local
retirement system have been transfered to the public Employees'
Retlrement System and applied against lhe liability for prlor servlce incúrred
thereunder. That portlon of the asEete so transferred which reprosont the
accumulated contrlbutions (plue interest thereof) required of the employees
under said local system has been credlted to the lndivldual membeiship
account of each such ernployee under the publlc Employees' Retirement
System,
I
B-enefils peid to_pensioners and annuitants under the local system on the
effective date of tho oontract were recalculated, as authorlzø Uy Section
20481 of the Government code, to conform with beneflts appiicable topersons retiring after the effective date of the contract except thàt'no benefit
whlch would have been payable under the continuation of ìhe localsystem
shall þe reduced,
The..percerrtage of final compensation to be provlded for each year ofcredited prior and current service for classic localmlscellaneous mämbors
shall be determined ln accordance with section 21954 of sald Retirement
!11L. subject to the -rgdugtioq provided therein for seruice prlor to June 30,
1977, termlnation of soclal security, for members whose iervlce has been
included ln Fedoral social security (zo/a alage 55 Full and Modlfled).
The..percentage of final cornpensafion to be provided for each year of
credited prior and current service as a new bóal miscellaneous membor
shall be determined ln accordance with secÍon 7szz,zoof said netiremãÀt
Law (Za/o at age 62 Fufl),
The percentage of flnal compensation to be provlded for eaoh year of
credlted prior and eurrent serylce as a classic local safety member entering
membershlp ln the safety classlflcaflon on or prior to Däcember 24,201á,
shall be deterrnlned ln accordance with sectiori 21g62,zof said Reflrement
Law (3% at age 50 Full).
The..percentage of final compensation to be provided for each year ofcredlted current servlce ag a classlc local safety rnember entering
1-e.r1be¡sl.rlp for the flrst tirne in the safety olasslflcailon after oecember 24,2012 shall be determined ln accordance wlth section 21363.1 of said
Retlrement Law (30/o at age 55 Full).
The..percentage of flnal compensailon to be provlded for eaoh year of
credited prior and current serv¡ce as I new local safety member strall be
determlned in accordance with seclion 7522.25(d, of sáH Retirernent Law
(2.7% at age 57 Full).
Public Agency elected and elects to be subject to the following opilonal
provlslons:
13.
I r L"ll:rji: ütj (rli] I l]itìl"l ,'Ixl.llrJi i 0í\ll,]/,'
e, sBctíon 21546 (Looalsystom servico credit f ncluded ln Basle ÞeathBaneftt),
b, Section 21222,1 (One-Time 5% lncrease _ 1gZ0), Legisfation
repealed saíd Section effeoilve January 1, lgg0.
c. sectlons uaz4 and 21626 (poat-Retirement survlvorAllowanco)for
looal mleoellaneous members only,
d. secflon 21579 (Thlrd Levetof 1g5g survlvor Benefits),
e. sectlon 21427 (lmproved Nonindustrlal Disabllity Allowanoe) forlocal mlscellaneous members only.
f, section 20042 (one-year Flnal compensatlon) for classic local
9lfetv members entering membershrp bn or prrãi to o"cemuer-ã+,2012,
g. Seotion 20909 (Two years Addiflonal Servlce Crodlt);
h. section 20484..("Locar Fire Fighte/, 'shall include any officeir oremployee of a fire department employed to perform tireiignfinj, rireprevention, fire training, hazardoüs ñaterlais, emergency mðd¡cals_ervices, or flre or arson investigation serv¡ces às- deðcribed lnGovornment Codo Section 20494l,
l. Sectlon 20965 (Credit for Unused Slck Leave),
J' section 20938 (Limit prior service to Members Employed oncontract Date) for elEcted officlals employed on Novemb"i. ré, ieg-g,
k, seotion 21Q24 (Military service credit as publlc servlce).
l, sectlon 20475 (Dlfferent Leverof Benefits): section 21969.1 (3vo @55 Fuil forumuta) and secflon 2o0gz (Threà - year' Flnãcompensatlon), are -appllcable to classic iocal safety membàrsentertng membershlp for the ftrgt flme wtth thts .g.nc/ lñ *rJ,árãi)/
olassification after Decemeber 24, ZA1Z,
m, Section 20516 (Emptoyees Sharing Addltional Cost):
From and after May 20, 2019, 30/o for local mlscellaneous membersin the unrepreeented confldenilal lrlld-Management group,
un rep resented confidenilal Gene ra I servlces gro u pi ùn r"preientdd
Executlve Managemep! .group, unrepresenteã cdünc¡t eþpointeeiqroup' Lodl city Mid-Management, AFSOME Maintenance and
Operators Untt Local 146 andLodlpollce Dispatchers group.
From and after May 20,2019,za/olor localmlecelleneous members
ln the AFSCME Generalservices Unlt Local 146.
14,
'15,
16.
iii.:'..i i,iii ï,j";i .,i,:;,i "i :iiil .ii ;.iiji ,¡ ,,
From and after May 20, 4019, 3o/o lor locar frre mernbers in the Lodi
Professional Flrefighters and Lodi Fire Mid-Management unit.
Frorn and after May 20,2019,370 for local pollce members ln the
Lodi Pollce Mid-Managsment unit,
From and after May 20,2019,00/o for claeslc rocal polloe members ln
the Políce Offloers Association cf Lodi.
From and afte-r_January 27,2020, 6% for new local pollce members
in the Pollce Otficers Assoclation of Lodl,
From and after tho effeclive date of this amendment to contract, 1%
for local mlscellaneous members ln the lnternational Brotherhood of
Electrlcal Workers unit,
The portion of the employer's contrlbut¡on that the member agreesto contrlbute from hls or her compengstion, over and abovã themember's normal contrlbuilon ("cost sharlng percentage,,), shall not
exceed the Employer Normal cost Rate, ae lhat rate ls ãetiñe¿ in ttre
calPERS ActuarlalValuailoñ for lhe rêrevant fiscal ydar. lf the cost
sharing Percentage wlllexceed the relevant Employer Normal cost
Rate, the cost sharlng perconlage shallautomaticaily be reduced toan amount equal to, and not to exceed, the Employèrr Normal cost
Rate for the relevant fiscal year.
Publlc _Agency, in accordanee wlth Government code secilon 2olgo,ceased to be an "employer" for purposee of seoflon 20g34 effoctlve onJanuary 1,1977. Accumulated contributione of publlc Agency shall be llxedand determined as provlded tn Governrnent code säuioî 20g34, and
accumulated contributions thereafter shall be held by the Board as provided
ln Government Code Sectlon 20894.
Public Agency shall contrlbute to said Retiroment system the contrlbuflons
determined by actuarial valuatlons gf prlor and futúre service tianitity witir
respect to local miscellaneous members and local safety members of gald
Retirement System,
Public Agency shallalso contrlbute to sald Retirement system Es follows:
Çontributlons requlred per covered member on account of the 1g5g
survivor Benefits provlded under section 21529 of sald Retirement
Law, (subject to annualohange.) ln additlon, all assets and liabiliflesof Public Agency and its employees shall be pooled in a single
account, þased on term insurance rates, for eurvlvore of all local
rnlscellaneous members and local safety members.
A reasonable amount, as flxed by the Board, payable ln one
lnetallment withln 60 days of date oi contract to covei the costs of
adminiotering sald syotom ae lt affects the employees of public
Agency, not inoludlng the oosts of opeclal valuations or of lheperiodlc investigatlon and valuations requlred by law,
a
b.
17.
18.
BY
PENSION
P toN
PUBLIC
AND PREFUNDING
RETIREMENT SYSTEM
CITY COUNCIL
ctw oF LOD|
Atte'st:
c, A roasonabre amount, as fixed by the Board, payabre rn oneinstallment as the ocoasrons arise,-to cover thé öısts of specrarvaluatlons on accounr. of ernproyees or pu¡rtc Âın.y, and costs ofthe periodic investigation anti váruattons required- b; rä*,
contributlons requlred of pubilc Agency and rts emproyees shafi bo subjectto adiuetme¡t .by Board on aðcount of amen'dm?nì;
-io the pubtic
Employees' Retlrement Law, and on account of thÀ à*p"li"n.* under theReurement syotom as..determined bf mã i"'iiı¿ic-inùËstiearion andvaluation required by sald Reflrement Lãw.
contributions required of.pubilc Agency and. its emproyees shail be paid byPublic Agency to the Retírement S-ystem wlthln fltt"äñiãvãîiter Ûre end ofthe perlod to whrch said contribuúoni r.idi ãi ärîãv'ü" þ"rcrrbed byBoard.r_egulailon, lf more or less than the correct amount of contributionsis paid for any period, propgf adiustment shall be made ln connec'on withsubsequent remittances, Âo¡ustmentJon account of errors rn contribufionsrequlred of any employee may be 116" ¡V ¿f*lipãVl"Lîi. Urt*"en theomployee and the Board,.
B This amendment shallbe,esli.òflve on the day of
BOARD OF ADMINISTRATIÑpuBLtc EMPLOYEES' REUÈEMENT sysTEM
AMENDMENT CatpERS lD #6¡t{05629s0
PERS.CoN.702A
&pov 'rb,
DECLARATION OF POSTING
ORDINANGE NO. I976
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF LODI AUTHORIZING AN
AMENDMENT TO THE CONTRAGT BETWEEN THE CITY COUNCIL OF THE CITY
OF LOD¡ 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 "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 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 Aprit 1S,
2Q20, 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
EX$4[ffiIT A
CaIPERS
EXHIBIT A
California
Public Employees' Retirement System
.**ilÍí*ìtffi¡ã'r-'1¡-¡.T ¡fÞ ***aa--t**-.:
AN4TEINDMIEINT TO COTNTR.ACT
Between the
Board of Àdministration
California Public Employees' Retirement System
and the
City Council
City of Lodi
' $*"-'**t-'-=.=*l'o*'tr
The Board of Administration, California Publlc Fmployees' 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 Aprll27 , 1966, and as amended effective July 6, 1 966, May 1 , 1 970,
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, 2A10, December 24,2012,May 20,2A19
and January 27, 2020 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A 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:
1 Allwords 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 classic
local miscellaneous members, age 62 Ío¡ new local miscellaneous
members, age 50 for classic local safety members entering membership in
the safety classification on or prior to December 24,2012, 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.
3.
PLËASE DO NOT SIGN "EXHIBIT ONLY"
Public Agency shall participate in the Public Em ployees' 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.
Public Agency agrees to indemnify, defend and hold harmless the california
Public Employees' 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, 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 or formulas provided under the
Public Agency's prlor non-CaIPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including
without lirnitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas 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 formulas
provided under this contract and provided for under the california
Public Employees' Retirement Law.
Employees of Public Agency in the following classes shail become
members of said Retirement system except such in each such class as are
excluded by law or this agreement:
Local Fire Fighters (herein referred to as localsafety members);
Local Police Officers (herein refered to as local safety members);
c, Employees other than local safety members (herein referred to as
local miscellaneous members).
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:
4.
a.
b"
t
6.
8,
7'
PLËASI DO NIJT $IIJN "EXHIBIT OI,JLY"
A. PER$ONS COMPEN$ATED CIN AN HOURTY tsASI$ WHO ARE
H|RED 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 Systern and applied against the liability for prior service incurred
thereunder. That portion of the assets so transferred which represent the
accumulated contributions (plus interest thereo$ 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 the contract were recaloulated, as authorized by Section
20481 of the Government Code, to conform with benofits applicable to
persons retiring after the effective date of the contract except that no benefit
which would have been payablo under the continuation of the local system
shall be reduced.
I,
The percentage of final compensation to be provided for each year of
credited prior and current service for classic local miscellaneous membors
shall be determined in accordance wíth Section 21354 of said Retirement
Law, subject to the reduction provided therein for service prior to June 30,
1977, termination of Social Security, for member$ whose service has been
included in Federal Social Security (2o/o atage 55 Full and Modifled).
The 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 section 7522.20 of said Retirement
Law (2o/o at age 62 Full),
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local safety member entering
rnembership in the safety classification 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
rnernbership for the first time in the safely classification after December 24,
2012 shall be determined in accordance with Section 21363.1 of said
Retirement Law (30/o at age 55 Full),
12, The percentage of final compensation to be provided for 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 Retirement Law
(2.7% at age 57 Full).
13,Public Agency elected and elects to be subject to the following optional
provisions:
I i L;i,ll: iii,; i{il i iì;i(lí.,J "l }fll[Ji i ûirli]i "
a. section ?1sBô (Lccarsystem $ervice credit lncluded in sa*ic DeslhSeneTit).
b. section 2122?.1 (one-Time 5o/o lncrease - 1970). Legislation
repealed said Section effective January t, igAO.
-'
c. Sections 21,624and 21626 (Post-RetirementsurvivorAllowance) forlocal miscellaneous members only.
d. section z1s7g (Third Leverof 1959 survivor Benefits).
o, section 21427 (lmproved Nonindustrial Disability Allowanco) forlocal miscellaneous members only.
t, section 20042 (one-year Final compensation) for classic local
gafety members entering membership on or prior to December 24,2012,
g, Section 20909 (Two years Additional Service Credit);
h. section 20434 ("Local Fire Fighte/, shall include any officer oremployee of-a fire department emptoyed to perform t¡reí¡gr,ting, r¡reprevention, fire training, hazardoùs materlais, omergenc--y mıoicalsorvices, or fire or arson investigation serv¡ces as described inGovernment Code Section 204f.q:
i. Section 209ô5 (Credit for Unused Slck Leave),
¡, section 20938- (Limit prior service to Members Employed oncontract Date) for etected officials employed on November lé, 1ggs,
k. section 21024 (Military service credit as pubric service).
l. section 20475 (Different Levetof Benefits): section 21363.1 (3yo @55 Full forumula) and section z00gz (Three - year' Finãicompensation), are applicabre to classic iocal safely memu"isentering membershlp for the first time wlth this agency iñ tne safetyclassification after Decemebe r 24, 2012.
m. Section 20516 (Employees Sharing Additionat Cost):
From and after May z0, zo1g, 3o/o far local miscellaneous membersin the unrepresented confidential Mid-Management group,
u n represented confidentia r Gene ral services g ro upl u n repre jentdd
Executive Management group, unrepresenteo cduncil Aþpointeesgroup, Lodi city Mid-Management, AFSCME Maintenànce andoperators unit Local 146 andLodi police Dispatchers group.
From and after May 20,2019,20/o lor local miscellaneous members
in the AFSCME General Services Unit Local 146.
14..
15,
16.
; ; t','',,i ijii i,i;:j .,iì,,.;' i,,:,iì,ii,)i,;,';.,'
From and after May 20, ?019, 3% for localfire members in the Lodi
Professional Firefighters and Lodi Ëire Mid-Management unit.
From and after May 2a,20ig,3yo for local police members in the
Lodi Police Mid-Management unit.
From and after May 20, 2019, 30/o for classic local police members in
the Police Officers Association of Lodi.
From and after January 22,2020,6% for new local police mernbers
in the Police Otficers Association of Lodi,
From and after the effective date of this amendment to contract, 1olo
for local miscellaneous members in the lntornational Brotherhood of
Electrical Workers unit,
The portion of the employe/s contribution that the member agreesto contribute from his or her compensation, over and aoové the
member's normal contribution ("cost $haring percentage"), shall not
exceed the Employer Normalcost Rate, as that rate is ãefined in the
calPERS Actuariat vatuation for the retévant fiscal year, tiih" drì
sharing Percentage wíll 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 purposes of section 20994 effective on
January 1,1977. Accumulated contributions of public Agency shall be fixedand determíned as provided in Government code sãotion 20g34, and
accurnulated contributions thereafter shall be held by the Board as provided
in Government Code Section 20834.
Public Agency shall contribute to said Retirement System the contribuilons
determined by actuarial valuations of prior and futúre seryice liability with
respect to local miscellaneous members and local safety members of saí¿
Retirement System,
Public Agency shall elso 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 Retirement
Law, (subjectto annualchange.) ln addition, allassets and liabilitiesof Public Agency and its employees shall be poored in a single
account, based on term insurance rates, for eurvivors of all loóal
miscellaneous members and local safety members.
A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date oi 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 valuatipns required by law,
a,
b
17.
18
BY
ARNITA
PENSÍON C
PUBLIC
AND PREFUNDING
RETIREMENT SYSTEM
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the öoits of special
valuations on account of employees of public Agency, and costs of
the periodic investigation and valuations required by lâw,
Contributions required of Public Agency and its employees shall be subject
9 adJustment by Board on account of amendments to the pubtio
Employees' Retirement Law, and on account of the experience under theRetirement system as determíned by the periodic'investigation andvaluation required by said Retirement Law.
Çontributions required of.pubtic {gency and its employees shall be paid by
Public Agency to the Retirement system within fifteen days after thd eno orthe period to which said contributions 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 in connection withsubsequent remittances. Adjustrnents on account of errors ln contributions
required of any employee may be made by direct payments between theernployee and the Board.:
B This amendment shail be ellèbtive on the _ day of
BOARD OF ADMINISTRATþJfl
PUBLIC EMPLOYËES' REUÈEMENT $YSTEM
CITY COUNCIL
clw oF LOD|
BY
SIDING OF
Date
Atte'st:
roN
Clerk
AMENDMENT CaIPERS ID #6448562S90
PERS.CON.702A
Afprwrü rb f0rq