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HomeMy WebLinkAbout15. CalPERS Misc Employee Contract Amend AGENDA MEMO DATE: December 13, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Irma Youssefieh, Human Resources Director SUBJECT: Resolution of Intention to amend CalPERS Contract to Provide the 2% @ 60 Second Tier Retirement Formula for Local Miscellaneous Member New Hires RECOMMENDATION That the City Council adopt the attached Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM. DISCUSSION This action will begin the process of amending the City’s CalPERS contract to provide Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership after the effective date of the contract amendment. To complete the amendment process, an Ordinance must be adopted authorizing the amendment. As required by CalPERS, adoption of the Ordinance must be at least twenty (20) days after the date the City Council adopts the Resolution of Intention. The effective date of the Ordinance is usually thirty (30) days after adoption of the Ordinance unless an Urgency Ordinance is adopted which establishes an earlier Ordinance effective date. Staff recommends that the City Council adopt the Ordinance as an urgency measure on January 10, 2012 so that hiring can take place to fill certain vacant positions under the 2% @ 60 second tier effective January 11, 2012. Implementation of the 2% @ 60 retirement formula plus the requirement that the new hire miscellaneous employee contribute the full 7% (of reportable earnings) member’s contribution rate are provisions negotiated this year in the recent Memoranda of Understanding (MOUs) between the City of Downey and the Downey City Employees’ Association – Miscellaneous and Maintenance Units and as recently imposed on the Downey Public Safety Auxiliary Association. The provisions were also included in the Resolution adopted by the City Council on October 25, 2011 for miscellaneous new CITY OF DOWNEY, CALIFORNIA hires in classifications designated as Executive Management, Mid-Management, and Confidential/Exempt. Miscellaneous employees hired prior to the effective date of the contract amendment remain in the existing 2.7% @ 55 (first tier) retirement formula with City paid 8% member’s contribution rate. FISCAL IMPACT Decreases in the employer contribution rate for the CalPERS miscellaneous plan will occur as employees are hired into the second tier retirement formula. For fiscal year 2011-12, the employer contribution rate is 17.368% of reportable earnings. Attachment: Resolution with Exhibit S:/Agenda Memos.CC.2011-12/PERS/Misc.Amend. RESOLUTION NO. AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM. 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 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Council 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. Section 2. The City Clerk shall certify to the adoption of this resolution and shall provide for appropriate distribution thereof. th APPROVED AND ADOPTED this 13 day of December, 2011. __________________________ ROGER C. BROSSMER, Mayor ATTEST: _______________________________ JOYCE E. DOYLE, Interim City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council th of the City of Downey at a regular meeting thereof held on the 13 day of December, 2011, by the following vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: _________________________________ JOYCE E. DOYLE, Interim City Clerk