HomeMy WebLinkAboutCC Reso No 2009-23
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RESOLUTION NO. 2009-23
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
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
I 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 20903 (Two Years Additional Service Credit) for
r local miscellaneous members who volunteer for early retirement to
l mitigate the number of additional involuntary layoffs that may be
needed.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Lake
Elsinore 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 (CALPERS), a copy of said amendment attached hereto as Exhibit "A
and by such'reference made a part hereof as though herein set out in full.
PASSED, APPROVED AND ADOPTED on this 26th day of May 2009.
ROBERT MAGE AYOR
ATTEST: APPROVED AS TO FORM:
D ORA THOM_SEN ARBARA EIBOLD
CITY CLERK ! = CITY ATTORNEY
Resolution No. 2009-23
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EXHIBIT A
California
'I Public Employees' Retirement System
I
411111111110, va~
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Lake Elsinore
The Board of Administration, California Public Employees' Retirement System, hereinafter
r referred to as Board, and the governing body of the above public agency, hereinafter
referred to as Public Agency, having entered into a contract effective July 1, 1965, and
witnessed April 30, 1965, and as amended effective December 10, 1983, December 19,
1987, July 14, 1995, May 9, 1997, December 24, 1999, March 22, 2003 and September
12, 2003 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective September 12, 2003, and hereby replaced by the following paragraphs.
numbered 1 through 16 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 local
miscellaneous members and age 60 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System'
from and after July 1, 1965 making its employees as hereinafter provided,'
members of said System subject to all provisions of the Public Employees
Retirement Law except such as
aPPIY only on eI
ection 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.
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Resolution No. 2009-23
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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
I I 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.
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Resolution No. 2009-23
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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:
NO ADDITIONAL EXCLUSIONS
6. Removal of the exclusion of "Persons Compensated on an Hourly Basis
pursuant to Section 20503, is declarative of agency's previous interpretation
and does not mandate any new classes of employees into membership.
7. The percentage of final compensation to be provided for each year of
credited prior and current service for those local miscellaneous members in
employment prior to December 19, 1987 shall be determined in accordance
with Section 21354 of said Retirement Law subject to the reduction provided
therein for Federal Social Security (2% at age 55 Modified).
8. The percentage of final compensation to be provided for each year of
credited prior and current service for those local miscellaneous members in
employment on or after December 19, 1987 and not on or after March 22,'.
2003, shall be determined in accordance with Section 21354 of said
Retirement Law (2% at age 55 Full) pursuant to Government Code Section
20515.
9. The percentage of final compensation to be provided for each year of
credited prior and. current service as a local miscellaneous member in
employment on or after March 22, 2003, shall be determined in accordance.
with Section 21354.4 of said Retirement Law (2.5% at age 55 Full), pursuant
to Government Code Section 20515.
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21368 (1.25% at age 60),
supplemental to Social Security.
Resolution No. 2009-23
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I! 11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation) for local miscellaneous
members only.
b. Section 20515 (Full Formula Plus Social Security) for past and future
service for local miscellaneous members in employment on and after
December 19, 1987. Legislation repealed said Section effective
January 1, 2002.
C. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
d. Section 21024 (Military Service Credit as Public Service) for local.
miscellaneous members only.
e. Section 20503 (To Remove the Exclusion of Persons Compensated on
an Hourly Basis, Prospectively from September 12, 2003).
f. Section 20903 (Two Years Additional Service Credit) for local,
miscellaneous members only.
I 12. Public Agency, in accordance with Government Code Section 20790, ceased
to be an "employer" for purposes of Section 20834 effective on December 10,
1983. 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.
13. 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.
14. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one.
i 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.
b. 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.
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Resolution No. 2009-23
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15. 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.
16. 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 26th day of May, 2009.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF LAKE ELSINORE
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BY BY
LORI MCGARTLAND, CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 0585
PERS-CON-702A (Rev. 10\05)
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Resolution No. 2009-23
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STATE OF CALIFORNIA SS
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify.
that Resolution No. 2009-23 was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on the 26th day of May, 2009 by the following vote:
AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez,
Councilmember Amy Bhutta, Councilmember Thomas Buckley,
Councilmember Daryl Hickman
NOES: None
ABSENT: None
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ABSTAIN: None
DEBORA THOMSEN
CITY CLERK
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