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HomeMy WebLinkAboutResolution No. 11-7308RESOLUTION NO. 11-7308 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. 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. APPROVED AND ADOPTED this 13th day of December, 2011. C. BROSSMER, Mayor ATTEST: C/L_ WE, Interim city CIe'JOYC //// RESOLUTION NO. 11-7308 PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 13 a' day of December, 201 1, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN Council Members: Marquez, Vasquez, Gafin, Mayor Brossmer Council Member: Guerra Council Member: None Council Member: None DO-ViETTri;i;TciFaFa a\F +=== A= +=•• n=q EXHIBIT CalifornIa Public Enlploy9es' Retirernent Systern A}@NDHENT TO CONTRACT B6twa8 ll tb6 Board of Adnini8EratIIon Public Hwlayea8' Retiram9nt= nIna the City Council City of Dawaey Call Earn:La gy8tam + The Board of Adrrlinistratbn, California Public ErnployeH' Retirement System. hereinaRm referred to as Board, and the gowming Mdy of the abovg public ag6ncy. hereinafter referred to as Public Agenw, having 8ntered into a contract €ffwtive February 1, 1958. and wItnessed February 3, 1958, and as arnended eFectIve May 1, 1950, MardI 1. 1964. January 1, 1965, January 1 , 1806, JuN 1 , 1970, January 3, 1971, JgnLHV 1, 1974, January 1, 1975, March 22, 1976, January 1, 1977, August 1, 1983, July 15. 1994, January 13, 1995, June 30, 1997, July 24, 2t:Ha, August 18. 2002. July 13, 2009 and t>8mmber 9, 2011 which provides for FMrticlp8tion of Public Ag8ncy in saId System, Board and Public AgBncy hereby agm 83 follow: A Paragraphs 1 through IB are hereby slricken fmn saII mnhnct as executed eRoctive Dewmtwr g, 2011, and hBreby nplac<1 by the follawiag paragraphs numbered 1 through 17 indu3ive: 1 All word8 and terms USBd harBin which ara deFined in the Public Ernpkrye8s' Rhtirement Law shall have the meanIng as d8fln8d ttr8rBin unless otherwise specifically provided. ’Normal ©tirernent age- shall mean age 55 for Focal mi$mFlan©ou8 nrerntnrs entering rnUnbeHhip in Che miscellaneous classifimOm on or prior to the effective date of Bis arnerldrnent tn contract, age 60 for local miscellaneous munber$ ontering rnerrrbership for the first t[rne in the rnl$mIFanwu s classification after the eHe€tiva date Of this arnBndmarTt to wntntit. ago 50 for local polioe members arId for those local fire rnembew entering membership in an fire cla$$ifiation on or prior to December 9, 2011 and age 55 for local fire members entEring membership for the first time in tha 6ro da88ifiwtion after DecernE>er 9, 201 1. ' 1 - 'L II;:IT ’:,'3FI : txrtIBiT OF,jr 2,Public Ag8ney shaIF participate in the Public Employees' Fietimrnent Sy3tern from and after February 1, 1958 making its employees as heTeinaftar provided, m8mtnm af said System subject to all prwisions of the Public Emplo)ees' Retirement Law exoept 3uch a3 apply only on election cf a contracting agency aId are not prOvided forh8wln and to all amendments to saRI Law herwfter enacted uxoept thoM, which by express prov}sjgns thereoF, apply only on the election of a contracting agency. 3 Public Agency agrees la indomnify, (Intend and hold harmleBS tIn California Public EmpJoynes' Retirement System {CalPER£;) and its trustees, agents and employees, the C8IPER S Board of AdmInistration and the California Public Enrptoyw$' Retirement Fund from any claims. dernands, actions. iosws, lbbilitk s, damages, judgments, expenses and oosts, includIng but not limIted to interest, penalties and attorneys fms that may arise as a result of any of the following (a) PUbIIC Agency's 8Ju:tian to provide retir8m8rrt kHne#ts provl3ion3 or formulas under this Contract that are diRerent than the retirement b©netib, provisions or fonnula S provided under the Public Agency's prior non-CarPERS ratiremant pn>gram, (b) Public Agency's election to amend this Contract to provjde retirement benefits. provisions or fomulas that are dt#erertt than existing r8tirernent tn neSts, provisions or fonnulas, fc)Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that ara different than tha r8tir8m8nt bengfits, pravision8 or forrnula3 provIded under this Contract and provided for urxler tho California Public Employws’ Retirement Law. (d)Public Agency's election to lb for tnnkrupttV under Chapter 9 (cornrn8ncirH wkh section 901} of Title 11 of the United States Bankruplcy Cade and/or Public Agency's ol8dion to reject this Contract vdth the CaIPERS Board of Adm}rli5tration pursuant to $wtbn 365, of nth 11, of the United $tatw Bankruptcy Code or any s}niiar provision of law, {8) Public Agency's ©l8ctFon to assign this Contract without the prior written consent of the C8FPERS' Baartl of Administration {D The termination Of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to Ihc Public Employees' Retirement Law, (g) Changes sponsored by Public Agency in exjgtJng retirement benefits, provbion s or k>rmulas made as a result of arTnndrnents, addil}orI s or d8l8tiaris to CHlifurnia statute or to the California ConstitutIon, PLEASE DO NOT SII IN ''£XHIDll C I'IL-T 4,Empbyees of PUbIIC Agency in the following cFa$ses shall become rneMbers of said Retirement Systom Qxmpt such in each such class as are excluded by law or this agreanenl= a Local Fire F}ghten {herain rafarnd tg as loml safety member8J ; b C. Local Police OfTiwm (herein referred to as Final safety rnernber s) Ernplolme$ other than loml safety rnemtnrB {herein nferred to a local mI$allan80u5 mernbers) 5.In addition to the classes of employa88 &xctud ed from nnmb8r8hip by said F{e6nment Law, the following classes of ernploye es shall not becorne manbers ot said Retirement Sy5teNI : a B b CROSSING GUARDS HIRED ON OR AFTER MAY 1, 1859; AND TEMPORARY EMPLOYEES HIRED ON OR AFTER MAY 4, 1969. 6.Public Agency and the Duwney ReHeation arxl Park District haw agreed to a rn8rger of their contrads, and thF3 contract shall be a continuation of the bernflt5 of the contract of the Downy Recreatbn and PaM Dbtricll. pur6uant to Section 20587,6 of the Government Code, Such merger i8 effwttve ag of July 1, 1966. Public Agen{w, by this wntmct, as$uine s the assets and liabilities accurnul8kd under the former contract of the Downey FiecrBatiorl and Park District, in the ratio of the Districts payroll a8$um9d by Public A8en£v tD the last total DiaNa Payroll. Legislation repealed said Section effective January 1 , 1988_ 7,The p9rwnt3g8 of final compensation to be provided for each y%r of uedited prior and eurrent service for local rniscell8neau$ members in ervlployrnera before and nci on or after August 1B. 2CX12 shall be d8t8rrnin8d kn aoconlance with Section 21354 of said R8tirBment Law, subject to the redwthn provided therein for 8eNice on and after January 1, 1959, the effective date of Social SWurtty oav8r8g8, and prior to June 30, 1975, tennina ban of Social Security, for nlernber5 wha9e service has tHen incruduJ irl F8deHI SocIal Smurity (2% at age 55 FHIF arId Nhdifed). 8 fhe percentage of final cornpen5ation to be prcvided for each year of credited prior and current wMc.e for local rni50ellanub’s rrlemben in employment on or after August 19, 2002 and not entering Numbership for the first tirne in tte alisall8neou8 classification after the off%:tive dat8 of this 8mendrnent tn cnntract shall be deterrnined in accDrdartc8 with Section 21354.5 of said Retirernent Law, subject la the reduciion pravkled therein for service on and aBer January 1. 1959, the effective date of Social SecuBty cwerage, and prior to June 30. 1975, termination oF Social S6cuHty, for members \whose gerda has been includBl in Federal Social Security (2_7% at age 55 Full and ModIfied). PLEA.F: [ [][: t- inT SiC I:'I :LXHIBI i ;’>i*ICT 9 The percentage of final compensation to be provided fa each Year of credited curwnt $8wico as a local rni$wllan80u$ rnarnber entering membership for the first time in the rTlismIF8neou3 claw}fication after the effectiVe date of thi8 an16ndment to contract 8haIF be determined in amordanoe with Section 21353 of said Retirement La by (2% at age 60 Full} 10.The perceldage af final compensation to be provided for each year af credited prior and current service as a local polioe member and for thon local Pre rn8mber$ entoarB mgmbersh ip in the Fire classiFication on or pFor to December 9, 2011 shall En determined in aEcordanm with Section 21382.2 of said Retirenlent Law (3% at age 50 FuIF} q1 The percentage of final wrnwn$ation to be provid# for each year of ueditBd current sewFm as a k3c81 Ere rrmnber entering mernbership for the first time in the file olaB$ificatiQn aner [kwmber g, 2011 shalt be det8rmina:I in accordanm with Section 21363.1 of said Retiremcnt Lay (3% at age 55 Fuln. 12 Public Agency e16£t8d and 8bcts to be subj8ct to tho following optIonal provisions: a. b. C. d G. f. Section 21573 (ThiN Laval of 1959 Survivor Benefits) for IcIHI safety members only_ Sections 21624 and 21626 (Put-Retirement Survivor Allowance] for Foul safety members only Section 21222-1 (OnoTian 5% Increase - 1870), repealed saId Section eqective January 1 , 1980_ Legislation LegisFationSection 2122Z.2 {One-Time 5% InGHam - 1971), rep%led said Snthn effective Janu81y 1. 1980. Section 20042 (OnbYear FFnal Compensation), S8cJinn 2fX]20.1 ("Local Police (Iffimr" shal' inclu cre nmploy€es of a palin departnrenl who were employed to perform idenbhcgthn ar cornrnunication dunes on Augu6t 4, 1972 and who elected to be local safety members within six rnonth8 of Jdnualy 1. 1977), Legi3F8tion reFnaled saRI Section effective January 1, 1985. g.Section 21024 (MiFitary Service Credit a6 Public Service}. h,Section 21548 (Pre-Retirement OptIon 2W Death Benefit) for lomi mt$wllaneou$ rnemb9r6 only, 14 Section 21574 {Fourth Level of 1859 Survivor Benefits) for ImF rniwellaneous rwmben only. Pl EASE Da NOT SiGN "EXHIBiT OF' iU Section 20475 [DiFTelent Level of Benefits)_ SecSon 21363.1 (3% @ 55 Full formula) b applicable to beat fire rnemben entering mgmber5hip for the first time in the fire cla$8tficalan after December 9. 2011. Section 21353 [2% @ 60 Full formula} is appFicable to lamr miscellaneous mernbers enBring rn€mbership for the first time in the mM8llaneou$ cb$$ifiwbon aft8r the eff6ctfv8 date of this amendment to contract, 1 3,Public Agency. in accordance with Govern#nnt Code Section 20790 c Based to be an "emplayer" for pu@nws of Section 20834 gff8ctiv8 nn Man:h 22, IB76. Accumulated oaMHbutiorn af Public Agency 3Full tn fIxed and det$rrnined a8 provFded in GovernrnerR Olde Soot IOII 20834, and accumulated DantfbUtbns thereafter shall be heH by the Board as provided in Govemrnent (;cHe SectIon 20834. 14.Public Agenq shall mntrtbul8 tD said RetirBrnent Swtem tho wnMbutian$ detenrlined by actuarIal valuations of prior and future serUm liability with respect to Focal rni$ceJlanwu$ Rwrnbers and iaea! safety rnwnbers of sad Fietirernent Sy stern, IB Public Agency shall also wntribute ta saId ReHrement System as foIFow3: a.Contributions requIred per ouvemd rnernknr an dccount CIf the 1959 Survivor Benefits provkJed under Sec;tim 21573 of said Ftetirernent Law. (Subject to annual change,) in addition, an assets and IIabilities of Public Agency and its ernployees 3hall ne paolod in a single account, based on term insuranoe rates, for survivors of all local safety munb8r$ b C:ontHbutian$ n4uiwd per aov©r8d rT18mber an account of the 1959 Survivor Benefrts pwvHed under Section 21574 of $Bid Retirem8nt Law. ( Subject to annual change_) in additIon. all asset g and Idbilttie s Of Public @eng and its ernployg% shall be pooled in a singje account, based on tBrrn in3uranoe rates, for $UWiVQW of all kx3al mIscellaneous melrlber5. C.A rwwn8ble arnaunt, as fIxed by the Board, payable in one installment within 60 days of date of contract to cover the wgtg of adrninist£Hng said Systenl as h affects the employees of Public @ney, not including tha cwt$ of $p8cia! valuation 8 or of the periodic investigation and valuations required by law, d A r&a$onabie arnount, as fIxed by the Board, payable in one in$ta11nent a3 the occasions arise, to oover the costs of $pedal valu8tan$ on account af ernploy8e g of Public Ag©ncy, and m sts of the peHcalc investIgation and valuatIons ratulret! by law, 16 Contributions required of PubIc Agency and its enlployees shall En subject b alju$tment by Board on account of amendments to the Public Employees' Retirernent Lay/. and ori amount of the uperience unchr the Retirement System as determinea by the pefc>dic inve8tigatFon and valuation required by sab Retirement Law 17 Contributions required of Public Agcncy and its employees shall be paid by Public Agency to tIe Retirerrnnt System within fifteen days after the end of the period to which mid contributIons rder or as may kn prescribed by Board regulation. if more Or Fess than the oarrect amount of contributions b paid for any period, proper adjustment shall be made in connection with subsu{uent remittances_ Adjustments on aomunt cf errors in contributions required of any employoe may be rrIade by dirwX payrnent8 tntween the employee and the Ulard. B, ThIs atnendment shall be effwtive on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES’ RrriREMENT SYSTEM CITY COUNCil CITY OF DPWH£F ( c::tc BY KAREN DE FRANK, CHIEF r . CUSTOMER ACCOUNT SERVICES DtyMtjP FUBLIC [MPLOYEE$' RrrIREUENT+?gfEM IESt DING OFFICER nRR OrESt C;lerk AIIEN[NEWT C BIRtHS I :>#16CHBI bSI PE.qB£'ifIpl . Ya?A