CC Resolution 11252Resolution No. 11252
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF CAMPBELL
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, 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.
By: rn ~-
Pre ing Officer Jason T. Baker
Mayor
Title
January 4, 2011
Date adopted and approved
(Amendment)
CON-302 (Rev. 4/96)
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after February 1, 1962 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 attorneys 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) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
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.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
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);
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.
6. Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retirement System and applied against the liability for prior service
incurred thereunder.
7. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members in
employment before and not on or after October 14, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service prior to March 31,
1973, 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 for local miscellaneous members in
employment on or after October 14, 2002 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.4 of said Retirement Law, subject to the reduction provided
therein for service prior to March 31, 1973, termination of Social Security,
for members whose service has been included in Federal Social Security
(2.5% at age 55 Full and Modified).
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9. The percentage of the final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date 'of this amendment to contract 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 local fire member and current
service as a local police member entering membership for the first time in
the police classification after October 18, 2010 shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50
Full).
11. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member entering
membership in the police classification on or prior to October 18, 2010
shall be determined in accordance with Section 21362.2 of said
Retirement Law (3% at age 50 Full).
12. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for those local police members entering membership in the police
classification on or prior to October 18, 2010 and local
miscellaneous members.
c. Section 20042 (One-Year Final Compensation) for local safety
members only.
d. Section 20930.5 (Uncompensated Elected Official Credit).
Legislation repealed said Section effective January 1, 1981.
e. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 20042 (One-Year Final Compensation) for local fire
members. From and after August 3, 1981 and until November 10,
2003 the fire employees of Public Agency shall be assessed an
additional 2% of their compensation for a total contribution rate of
11 % pursuant to Government Code Section 20516.
Section 20042 (One-Year Final Compensation) for local police
members. From and after August 3, 1981 and until June 17, 1996
the police employees of Public Agency shall be assessed an
additional 2% of their compensation for a total contribution rate of
11 % pursuant to Government Code Section 20516.
f. Section 20434 ("Local Fire Fighter" shall include any officer or
employee of 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).
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
i. Section 21024 (Military Service Credit as Public Service) for local
miscellaneous members only.
j. Section 21328 (One-Time 1 % to 6% Increase For Local Police
Members Who Retired or Died Prior to January 1, 1998).
k. Section 20965 (Credit for Unused Sick Leave) for local
miscellaneous members only.
Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service) for local miscellaneous
members only.
m. Section 20475 (Different Level of Benefits). Section 21362 (2% @
50 Full formula) without Section 21624 and 21626 (Post-Retirement
Survivor Allowance) is applicable to local police members entering
membership for the first time in the police classification after
October 18, 2010.
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.
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13. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 27, 1978. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
14. 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 and local safety members of said
Retirement System.
15. 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
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. 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 safety members.
c. 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.
d. 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.
16. 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.
17. 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 QDJVIINISTRATION
PUBLIC EMF~L-Q~6EES' RETIREMENT SYSTEM
~.
BY
LORI MCGARTLAND, CHIEF
EMPLOYER SERVICES"DIVISION
PUBLIC EMPLOYEES' RE`fIF2EMENT SYSTEM
CITY COUNCIL
CITY OF CAMPBELL
BY
PRE~IDI.~IG OFFICER
;~~,
b
.,
a~ ~ m
4.,'
Witness Date ~~
',
Attest:
Clerk
AMENDMENT ER# 469
PERS-CON-702A