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HomeMy WebLinkAboutAgenda Report - September 1, 2021 I-01AGENDA ITEM 1-01 CITY OF LODI 9 COUNCIL COM M N I CATION TM AGENDA TITLE: Adopt Ordinance No. 1983 Entitled, "An Uncodified 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" MEETING DATE PREPARED BY: September 1, 2021 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1983. BACKGROUND INFORMATION: Ordinance No. 1983 entitled, "An Uncodified 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," was introduced at the regular City Council meeting of August 4, 2021. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JCIPMF Attachment APPROVED: Steve Schwabauer Jennifer Cusmir Jennifer Cusmir City Clerk Stephen Schwabauer, City Manager \1cvcfdv011administrabon$1Sharedldtyclerk%Agenda\20211090121\CLK - OrdlOrdinancel .doc ORDINANCE NO. 1983 AN UNCODIFIED 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 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. ATTEST: 4FE MIR City Clerk Approved this 1st day of September, 2021 �r n Nakanishi Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1983 was introduced at a regular meeting of the City Council of the City of Lodi held August 4, 2021, and was thereafter- passed, adopted, and ordered to print at a regular meeting of said Council held September 1, 2021, by the following vote: AYES: COUNCIL MEMBERS —Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1983 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: Ac NIFEUSMIR /'ity Clerk ANIC D. MAGDICH City Attorney A%,"- Ca1PERS California Public Employees' (Retirement System EXHIBIT A AMENDMENT TO C®NTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Lodi The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered Into a contract effective June 1, 1966, and witnessed April 27, 1966, and as emended aff9ctive July 5, 1966, May 11 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, May 20, 2019, January 27, 2020 and July 13, 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 July 13, 2020, and hereby replaced by the following paragraphs numbered 1 through 18 Inclusive: All words and terms used hereln which are defined In the Public Employees' Retirement Law shall have the meaning as deflned therein unless otherwise specifically providod. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 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, 20112, age 55 for classic local safety members entering membership for the first time In the safety classlficatlon after December 24, 2012, and age 57 for new local safety members. PLEASE d0 NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1966 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not Ilrmiled 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 prior non-CaIPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without llmllntlan 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 provido retirement benefits, provisions or formulas that Are difforent than such employees' existing retirement benefits, provisions or formulas, (c) Public Agency's agreement with a third party other than UPPERS 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. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such In each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: 8. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE HIRED JUNE 1, 1996 OR THEREAFTER. 6. Assets heretofore accumulated with respect to members In the local retirement system have been transferred to the Public Employees' Retirement System and appllgd against the liability for prior servico incurred thereunder. That portion of the assets so transferred which represent the accumulated contributions (plus interest thereof) required of the employees under said local system has been credited to the individual membership account of each Such employee under the Public Employees' Retirement System . 7. Berlefit5 paid to pensloners and annuitants under the local system on the effective date of the contract were recalculated, as authorizers by Section 20481 of the Government Code, io conform with benefits applicable to persons retiring after the effecliva data of the contract except that no benefit which would have been payable under the contlnuatlon of the local system shall be reduced. 8. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members shall be dotormined In accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1977, termination of Social Security, for members whose service has been Included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous rnember shall be determined In accordance with Section 7522,20 of sold Retirement Law (2% at age 62 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a ciassin focal safety member eniering rr}embershlp in the safely classification on or prior to December 24, 2012 shall be determined in accordance with Saction 21362.2 of sold Retirement Law (3% at age 50 Pull). 11. The percentage of final compensation to be provided for each year of credited current service as a classic local safely 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 (3% 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: a. Section 21536 (Local System Service Credit Included in Basic Death Benefit), b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980, c, Sections 21624 and 21626 (Post -Retirement Survivor Allowance) for local miscellaneous members only, d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 20042 (One -Year Final Compensation) for classic local safety members entering membership on or prior to December 24, 2012. g. Section 20903 (Two Years Additional Service Credit). h. Section 20434 ("Local Fire Fighter" shall Include any officer or ornployee of a fire department employed to perform firefighting, fire Prevention, fire training, hazardous materials, emergency medlcal services, or fire or arson investigation services as described In Government Code Section 20434). Section 20965 (Credit for Unused Sick Leave). HIBITO'll Y" J, Section 20938 (Limit Prior Seivice to Members Employed on Contract hate) for elected officials employed on November 15, 1998. k. Section 21024 (Military Service Credit as Public Service), I. Section 20475 (Different Level of Benefits); Section 21363.1 (3% 0 55 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to classlc local safety members entering membership for the first time with this agency in the safety classification after december 24. 2012. M. Section 20516 (Employees Sharing Additional Cost). From and after May 20, 2019, 3'/e for local miscellaneous members In the Unrepresented Confidential Mid -Management group, Unrepresented Confidential General Services group, Unrepresented Executive Management group, Unrepresented Council Appointees group, Lodi City Mid -Management, AFSCMP Maintenance and Operators Unit Local 146 and Lodi Police Dispatchers group, From and after May 20, 2019, 2% for local miscellaneous members in the AFSCME General Services Unit Local 146, From and after May 20, 2019, 3% for local fire members In the Lodi Professional Firefighters and Lodi f=ire Mid -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, 3% for classic 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 Officers Association of Lodi. From and after July 13, 2020, 1 % for local miscellaneous members In the International Brotherhood of Electrical Workers unit. From and after the effective date of this amendment to contract, 9% for local police members in the Unrepresented Police Executive Management group, From and after the effective date of this amendment to contract, 3% for local fire members In the Unrepresented Fire Executive Management group, The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above tho member's iiormal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rain, as that rate is defined in Ilio CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year. 14, Public Agency, In accordance with Govomment Code Sectlon 207917, ceased to be an "employer" for purposes of Section 20834 effective on ,January 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions Ihereafter shall be held by the Board as provided In Government Code Section 26834, 15. PLIblic Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liabillly with respect to local miscellaneous members and local safety members of said Retirement System. 16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual chancfn.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled In a single account, based on term Insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one Installment within 60 days of date of contract to cover the costs of administering said Systern as III rltffects the employees of Public Agency, not Including the costs of special valuations or of the periedle Investigation and valuations required by law. c. A reasonable amount, as fixed by (lie Board, payable in one Installment as the occasions arise, to cover the costs of special valuations on account of ernployees of Public Agency, and costs of the periodic Investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct: amount of contributions is paid for any period, proper adjustment shail 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. This amendment shall be effective on the day of BOARD QF ADMINISTRATION CITY COUNCIL PUBLIC PMPLOYEES' RETIREMENT SYSTEM CITY OF LOW BY ANDY NGUYE -ASSISTANT DIVISION CHIEF PENSION CONq,%CTS AND PREFUNDING PROGRAMS DIVISIM PUBLIC EMPLOYE�-,S' RETIREMENT SYSTEM Signature: L�11- �� --uf`LGzL Email: jmagdich@lodi.gov AMENDMENT CaIPEAS ID 08448582990 PERS-CON-702A BY PRESIDING 6F -ICER Witness Date ' Attest Clerk G" 0OFFUC SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS FULL TEXT OF ORDINANCE NO. 1983 SATURDAY, SEPTEMBER 4, 2021 TEAR SHEETS WANTED: One I1 j please SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 2, 2021 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK , t .4�' mvv')-- PAMELA M. FARRIS KAYLE CLAYTON ASSISTANT CITY CLERK ADMINISTRATIVE d-ERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at classified @lodinews.com at (time) on (date) CAUsersUcclayton\AppData\Local\Microsofr\WindowsVNetCache\Content.Out] ook\QSX95KW5\Advins—fu II text.doc ORDINANCE NO. 1983 AN UNCODIFIED 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 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 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 1 st day of September, 2021 ATTEST: Alan Nakanishi Mayor JENNIFER CUSMIR City Clerk I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1983 was introduced at a regular meeting of the City Council of the City of Lodi held August 4, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 1, 2021, by the following vote: AYES: COUNCIL MEMBERS —Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1983 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 CUSMIR City Clerk JANICE D. MAGDICH City Attorney 0 DECLARATION OF POSTING ORDINANCE NO. 1983 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LODI AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM On Tuesday, September 7, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1983 (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 September 7, 2021, at Lodi, California. Pamela M. Farris Assistant City Clerk ordswmnaries\aaDecPost. doc ORDERED BY: JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1983 EEX, I I B I - f A AN UNCODIFIED 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 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 1 st day of September, 2021 ATTEST: Alan Nakanishi Mayor JENNIFER CUSMIR City Clerk I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1983 was introduced at a regular meeting of the City Council of the City of Lodi held August 4, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 1, 2021, by the following vote: AYES: COUNCIL MEMBERS—Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1983 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 JANICE D. MAGDICH City Attorney JENNIFER CUSMIR City Clerk %% CaIPERS California Public Employees' Retirement System EXHIBIT A AMENDM ENT T® CONT RACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Lodi '111111P, . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafterrefarred to as Public Agency, having entered Into a contract effective June 1, 1966, and witnessed Apr1I 27, 1966, and as amended effeotive July e, 1966, May 1, 1970, July 1, 1973, July 1, 1977, April 1, 1991, July 7, 1993, June 30, 1996, November 16, 1998, June 12, 2000, May 17, 2003, June 17, 2010, December 24, 2012, May 20, 2019, January 27, 2020 and July 13, 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 July 13, 2020, and hereby replaced by the following paragraphs numbered 1 through 18 Inclusive; All words and terms used hereln which are defined In the Public Employees' Retlremeni Law shall have the meaning as defined therein unless otherwise specifically provldod. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for 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. PLEASE b0 NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate In the Public Employees' Retirement System from and after June t, 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 provlslons thereof, apply only on the election of a contracting agency, 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of AdmWetratlon, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, Ilabllftles, damages, judgments, expenses and costs, including but not limited to Interest, penalties and attorney fees that may arise as a resutt 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 underthe Public Agency's prior non-CalPERS retirement program, (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency anci 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) Public Agency's agreement with 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' Retlrement Law. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such In each such class as are excluded by law or this agreement: a, Local Fire l=ighters (herein referred to as local safety members); b, local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). fii.i f'101' ;:;1G`1 ''I 5. Irr addition to the classes of employees excluded from membership by said Retirement Craw, the following classes of employBes shall not become members of said Retirement System: a. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE HIRED JUNE 1, 1996 OR THEREAFTER. 6. Assets heretofore accumulated with respect to members In the local retirement system have been transferred to the Public EmployoeW Retirement System a+ld applied against tho liability for prior servioe incurrod thereunder. That portion of the assets so transferred which represent the accumulated contributions (plus interest thorr:of) roqulred of the employees under said local system has been credited to the individual mernborship account of each such employee under the Public Employees` Retirement System, 7. Borieflts paid to pensioners and annuitants under the local system on the effective date of the contract were recalculated, res autliorizerf t)y Soclion 20 481 of the GOVORNrlpnt Code, to conforrn with benefits applicable to persons retiring after the effective date of the conlracl except that no benefit which would have been payable under Ilia contlnuatlon of tfia local systern ,hall be roducFd, 8. The porcentage of final cornponsation to be provided for each year of crodlled prior and current service for classic local miscellaneous mems: rers shall be determined In accordance with Section 21354 of said Retirement Law, subject to the reduction provided theraln for service prior to June 3Q, 1977, termination of Social Security, for members whose service has been Included in Federal Social Security (2% at age 55 Full and Modified). 9. The perconlage 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 Craw (2% at age 62 Full), 10. The percentage of final compensation to be provided for each year of credited prior and current service as a ciessio local stiff;ty member entering membership In the safety classification on or pelor to December 24, 2012 shall be determined in accordance with Section 21362,2 of said Retirement Law (3% at age 50 Full). 11. Time 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 21383.1 of said Retirement Law (3% 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: a, Section 21536 (Local System Service Credit Included in Basic Death Benefit). b. Section 21222.1 (One -Time 5°/q Increase - 1970). Legislation repealed said Section effective January 1, 1980, 01 Sections 21624 and 21626 (Post -Retirement Survivor Allowance) for local miscellaneous members only, d. Section 21573 (Third Level of 1959 Survivor Benefits). e, Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members only. f. Section 20042 (One -Year Final Compensation) for classic local safety members entering membership on or prior to December 24, 2012. U. Section 20903 (Two Years Additional Service Credit). h. Section 20434 ("Local Fire Fighter" shall include any officer or ompldyoo ci a fire department employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described In Government Code Section 20434). Section 20965 (Credit for Unused Sick Leave), "Dk IBIT 01111[y" J. Section 20938 (Limit Prior Service to Members Employed on Contract Cale) for elected officials employed on November 15, 1998, k, Section 21024 (Military Service Credit as Public Service), I. Section 20475 (Different Level of Benefits): Section 21363.1 (3% @ 55 Full formula) and Section 20037 .(Three -Year Final Compensation) are applicable to classic local safety members entering membership for the first time with (his, agency In the safety classificatlon after December 24, 2012, M. Section 20516 (Employees Sharing Additional Cost); From and atter May 20, 2019, 3% for local miscellaneous members In the Unrepresented Confidential Mid -Management group, Unrepresented Confidential General Services group, Unrepresented Executive Management group, Unrepresented Council Appointees group, Lodi Clly Mld-Management, AFSCME Maintenance and Operators Unit Local 146 and Lodi Police 171spatohers group, From and after May 20, 2019, 2% for local miscellaneous members In the AFSCME General Services Unit Local 146, From and after May 20, 2019, 3% for local fire membors in-1he Lodi Professional Firefighters and Lodi Fire Mid -Management unit. From and after May 20, 2019, 3% for local police members In the Lodl Police Mid -Management unit, From and after May 20, 2019, 3% for classic 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 Officers Association of Lodi, From and after July 13, 2020, 1% for local miscellaneous members In the Intematlonal Brotherhood of Electrical Workers unit, Prom and after the effective date of this ct mendment to contract, 9% for local police members in the Unrepresented Police Executive Management group. From and after the effective date of this amendment to contract, 3% for local fire members In the Unrepresented Fire Exeoulive Management group, The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above time member's nonnal contribution ("Cost Sharing Porcentage"y, shall not exceed the Employer Normal Cost Rate, as that rate Is defined In the CaIPERS Actuarial Val uatlon for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year. 14. Public Agency, In accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Sectlon 20834 effective on January 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 2:0834, and accumulatod contributions thereafter shall be held by the Board as provided In Government Code Section 20834. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service IlabllEty wflh respect to local miscellaneous members and local safely members of said Retirement System, 16. Public Agency shall also contribute to said Retirement System as folloWS: Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable In one Installment within 60 days of date of contract to cover the costs of administering said System as It affects the employees of Public Agency, not including time costs of special valuations or of the periodic investlgatlon and valuations required by law, C. A reasonable amount, as fixed by the Board, payable In one Installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic Investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributions required of Public Agency and its employeos shall be paid by Public Agency to the Retirement System within fifteen days alter the end of the period to Which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions Is paid for any period, proper adjustment shall be made In connection with subsequent remlt(ances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board, g. "). This amendment shall be effective on the day of BOARD QF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY CP LODI BY ANDY NGUYE�'-�15SISTANT'_ DIVISION CHIEF _ PENSION CONY,�,ACTS AND PREFUNDING PROGRAMS DIVISIMI PUBLIC EMPLOYI~KO,RETIREMENT SYSTEM , Signature: +g�— Email: jmagdich@lodi.gov AMENDMENT CaIPEAS ID HUOG82000 PERS-CON-702A BY _ PRESIDING C� r1CCR Witness Date ' Attest: Clerk-.� ..'7 4 e ' DECLARATION OF POSTING ORDINANCE NO. 1983 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LODI AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM On Monday, August 9, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1983 (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 August 9, 2021, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsu mmaries\aaDecPost. doc ORDERED BY. JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1983EENIBIT A AN UNCODIFIED 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 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 1 st day of September, 2021 Alan Nakanishi Mayor JENNIFER CUSMIR City Clerk I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1983 was introduced at a regular meeting of the City Council of the City of Lodi held August 4, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 1, 2021, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1983 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: JANICE D. MAGDICH City Attorney JENNIFER CUSMIR City Clerk Ca1PERS California Public Employees' IRetlrement System EXHIBIT A AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Lodi -401. The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective June 1, 1966, and witnessed Aprll 27, 1968, end as amended effective July 6, 1966, May 11, 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, May 20, 2019, January 27, 2020 and July 13, 2020 which provides for participation of Public Agenoy In said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through IS are hereby stricken from said contract as executed effective July 13, 2020, and hereby replaced by the following paragraphs numbered 1 through 18 Inclusive: All words and terms used herein wNch are defined In the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwlsa specifically provided. "Normal retirement age" shall mean age 56 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to December 24, 2x12, age 55 for classic local safety marnbers entering memberahlp for the first time In the safety classification after December 24, 2012, and age 57 for new local safety members. PLEASE b0 NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate In the Public Employees' Retirement System from and after June f, 1988 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the Californ la Public E=mployees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS 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 forrnulas under this Contract that are different than the retirement benefits, provlstons or formulas provided under the Public Agency's prior non-CaIPERS retirement program, (b) Any dispute, disagreement, claim, or proceeding (Including without limitation arbitration, administrative hearing, or litigation) between Public Agency and Its employees (or their representatives) which relates to Publlo 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) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such In each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safely members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE HIRED JUNE 1, 1996 OR THEREAFTER. 6. Assets heretofore accumulated with respect to members In the local retirement system have been transferred to the Public Employees' Fled rem onI System and applied against tho liability for prior anrvice incurred thereunder, That portion of the assets so transferred which represent the accumulated contributions (plus Interest thereof) required of the employees under sald local system has been credited to the individual membership account of each such ernployee under the Public Employees' Retirement System. 7. Benefits paid to pensioners and annuitants under the local system on the effective date of the contract ware recalculated, as authorized by Section 20481 of the Government Code, to conform with benefits applicable to persons retiring after tate effective date of the contract except that no benefit which would have been payable under the continuation of the local system .hall be reduced. 8. The percentage of final compensation to be provided for each year of credited prior And current setvlce for classic Total miscellaneous memt]ars shall be determined In accordance with Section 21354 of said Retirement Law, subject to the reduction provided thera€n for service prior to .lune 30, 1977, termination of Social Security, for members whose service has baen Included in Federal Social Security (2°/a at age 55 f=ull and Modified). The percentage of final compensation to be provided for each year of credited prier and current service as a new local miscellaneous rnember shall be determined In accordance with Seclion 7522.20 of said Retirement Law (2% at age 62 Full). 10. The percentage of final compensation to be provided for each year of crecilted prior and current service as a classic local safety member entering membership 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 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 (3% 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: a, Section 21536 (Local System Service Credit Included in Basic Death Benefit). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. C. Sections 21624 and 21626 (Post-Relirement Survivor Allowance) for local miscellaneous members only, Section 21573 (Third Level of 1959 Survivor Benefits). e, Section 21427 (improved 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. Section 20903 (Two Years Additional Service Credit). h, Section 20434 ("Local Fire Fighter" shall Include any officer or empioyeo of fire department employed to perform firefighting, fire prevention, fire traWng, hazardous materials, emergency medical services, or fire or arson investigation services as described In Government Code Section 20434). Section 20965 (Credit for Unused Sick Leave), I''I, Ca;;: F I::)U NC T IGN "EXHIBIT ONL Y" j. Section 20938 (Limit Prior Service to Members Employed on Contract Dale) for elected officials employed on November 15, 1998. k. Section 21024 (Military Service Credit as Public Service), I. Section 24475 (Different Level of Benefits): Section 21363.1 (3% 55 Full formula) and Section 20037 (Three -Year Final Compensatlon) are applicable to classic local safety members entering membership for the first time with this agency In the safety classiflcatlon after December 24, 2012, m. Section 20516 (Employees Sharing Additional Cost): From and after May 20, 2019, 3% for local miscellaneous members In the Unrepresented Confidential Mid -Management group, Unrepresented Confidential General 8arvlces group, Unrepresented Executive Management group, Unrepresented Council Appointees group, Lodi City Mid -Management, AFSCME Maintenance and Operators unit Local 146 and Lodi Police Dispatchers group. From and after May 20, 2619, 2% for local miscellaneous members In the AFSCME General Services Unit Local 146. From and after May 20, 2019, 3% for local fire members In the Lodi Professional Flreflghters and Lodi lire MEd -Management unit, From and after May 20, 2019, 3% for local police members In the Lodi Police Mid -Management unit. From and after May 20,2019,3% for classic 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 Officers Association of Lodi. From and after July 13, 2020, 1 % for local miscellaneous members In the Intemational Brotherhood of Electrical Workers unit. From and alter the effective date of this amendment to contract, 9% for local police members in the Unrepresented Police Executive Management group. From end after the effective date of this amendment to contract, 3% for local fire members in the Unrepresented Fire Executive Management group. The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate Is defined In tho Ca1PERS Actuarial Valuation for the ralevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year. 14, Public. Agency, In accordance with Govomment Code Section 20790, ceased to be an "ompfoyer' for purposes of Section 20634 effective on January 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided In Government Code Section 20834, and accumulated contributions thereafter shall he held by the Board as provided In Government Code Section 20834, 15, Public Agency shall contribute to said Rellrement Systern the contrlbutions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change:.) In addition, all assets and Ilabllltles of Public Agency and its employees shall be pooled In a single account, based ort term Insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 50 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 speclal 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 eminloyees of Public Agency, and costs of the periodic investigation and valuations required by law, 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic Investigation and valuation required by said Retirement Law, 18. Contributions required of Public Agency and its employees shall be paid by Pub IIc Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contrlbutfons 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 they Board. B. This amendment shall be effective on the day of _ BOARD QF ADMINISTRATION CITY COUNCIL PUBLIC �MPLOYEES' RETIREMENT SYSTEM CITY OF LODI BY ANDY NGUYI~W, SSISTANT DIVISION CHIEF PENSION C0N71IJACTS AND PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEI5' RETIREMENT SYSTEM Signature: L7tj&4 -D-1� _ Email: jmagdich@lodi.gov AMENDMENT CBIPEAS ID NOW02990 PERS-CON-702A BY PRESIDING 64ICER Witness Date ' Attest; Clerk