HomeMy WebLinkAbout17-39 CC Resolution RESOLUTION NO. 17-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING ITS INTENTION TO APPROVE
AN AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF TEMECULA
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 their 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 said contract; and
WHEREAS, the following is a statement of the proposed change:
' To provide Section 20516 (Employees Sharing Additional Cost)
of 3% for classic local miscellaneous members in the
Management and Confidential Employees group.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above
agency does hereby give notice of intention to approve an amendment to the contract
between said public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and
by this reference made a part hereof.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 27th day of June, 2017.
Maryann Edwards, Mayor
ATT T:
R ohl, City Clerk
' [SEAL]
Resos 17-39 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 17-39 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 27"' day of June, 2017, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
' Randi Johl, City Clerk
1
Resos 17-39 2
All,
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Temecula
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the goveming body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
December 1, 1990, and witnessed November 8, 1990, and as amended effective
October 25, 1997, August 24, 2002, July 10, 2004, April 24, 2009, June 19, 2010 and
September 24, 2011 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective September 24, 2011, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for classic local miscellaneous members entering
membership in the miscellaneous classification on or prior to September
24, 2011, age 60 for classis local miscellaneous members entering
membership for the first time in the miscellaneous classification after
September 24, 2011 and age 62 for new local miscellaneous members.
1
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2, Public Agency shall participate in the Public Employees' Retirement
' System from and after December 1, 1990 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
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and 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 limitation 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) 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. 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. SAFETY EMPLOYEES.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
6. The percentage of final compensation to be provided for each year of
' credited prior and current service as a classic local miscellaneous member
in employment before and not on or after July 10, 2004 shall be
determined in accordance with Section 21354 of said Retirement Law (2%
at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment on or after July 10, 2004 and not on or after June 19, 2010
shall be determined in accordance with Section 21354.4 of said
Retirement Law (2.5% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment on or after June 19, 2010 and not entering membership for
the first time in the miscellaneous classification after September 24, 2011
shall be determined in accordance with Section 21354.5 of said
Retirement Law (2.7% at age 55 Full).
9. The percentage of final compensation to be provided for each year of
credited current service as a classic local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
September 24, 2011 shall be determined in accordance with Section
21353 of said Retirement Law (2% at age 60 Full).
10. 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 (2% at age 62 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation) for classic local
miscellaneous members entering membership. on or prior to
September 24, 2011.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
C. Section 21574 (Fourth Level of 1959 Survivor Benefits).
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20903 (Two Years Additional Service Credit).
f. Section 20475 (Different Level of Benefits): Section 21353 (2% @
60 Full formula) and Section 20037 (Three-Year Final
' Compensation) are applicable to classic local miscellaneous
members entering membership for the first time with this agency in
the miscellaneous classification after September 24, 2011.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
g. Section 20516 (Employees Sharing Additional Cost):
' From and after the effective date of this amendment to contract, 3%
for classic local miscellaneous members in the Management and
Confidential Employees 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 the 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.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members of said Retirement System.
13. 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 21574 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 tern insurance rates, for survivors of all
local miscellaneous members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the, costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. 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.
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PLEASE DO NOT SIGN "EXHIBIT ONLY"
15. Contributions required of Public Agency and its employees shall be paid
' by Public Agency to the Retirement System within frftebn days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF TEMECULA
BY BY .J
ARNITA PAIGE, CHIEF PRESIDING OFF ' R
PENSION CONTRACTS AND PREFUNDING
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Q�Qwltness Date ��`V
Attest:
Q �O
�Qf.k,_
' AMENDMENT CaIPERS ID#4274393153
PERS-CON•702A