HomeMy WebLinkAbout17-03 CC Ordinance1
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ORDINANCE NO. 17-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING 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
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. That an amendment to the contract between the City Council of the
City of Temecula and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said amendment being attached
hereto, marked Exhibit, and by such reference made a part hereof as though herein set
out in full.
Section 2. The Mayor of the City Council is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect 30 days after the date of its adoption,
and prior to the expiration of 30 days from the passage thereof shall be published at least
once in The Californian, an edition of the San Diego Union Tribune, a newspaper of
general circulation, published and circulated in the City of Temecula, Riverside County
and thenceforth and thereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of July, 2017.
ATTEST-
-tire
Ran' • City Clerk
[SEAL]
Ords 17-03 1
ryann Edwards, Mayor
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
) ss
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 17-03 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 27th day of June, 2017, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of July, 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
Ords 17-03 2
Randi Johl, City Clerk
A.
Ca1PERS
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EXHIBIT
California
Public Employees' Retirement System
e
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.
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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 Califomia 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.
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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).
8. 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.
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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 CaIPERS 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 term 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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15. 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 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
BY
ARNITA PAIGE, CHIEF
PENSION CONTRACTS AND PREFUNDING
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT CaIPERS ID #4274393153
PERS-CON•702A
CITY OF TEMECULA
BY
RESIDING IOFF '
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G�Sitness Date _
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