Resolution 2010-62
RESOLUTION NO. 2010-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF
GILROY TO IMPLEMENT A SECOND TIER RETIREMENT BENEFIT FOR
NEW SAFETY MEMBERS
WHEREAS, The Public Employee's 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
for 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 changes:
To provide Section 20475 (Different Level of Benefits). Section 21369 (2% @ 55 Full
formula) and Section 20037 (Three Year Final Compensation) are applicable to local fire
members entering membership for the first time in the fire classification after the
effective date of this amendment to contract, and
Section 20475 (Different Level of Benefits). Section 21362 (2% at 50 Full formula) is
applicable to local police members entering membership for the fIrst time in the police
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.
RESOLUTION NO. 2010-62
PASSED AND ADOPTED this 15th day of November, 2010 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, TUCKER,
WOODWARD and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRACCO
A
RESOLUTION NO. 2010-62
Attachment C
A
CalPERS
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Gilroy
.
The Board of Administration, California Public Employees' Retirement System,
hereinaft.er 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,
1968, and witnessed May 21, 1968, and as amended effective November 3, 1971,
August 1,1973, January 1,1975, July 1,1981, July 1,1982, January 1,1987, June 2,
1988, June 1, 1990, May 1, 1991, November 19, 1992, June 24, 1993, February 3,
1994, August 17, 1994, August 17, 1995, December 1, 1996, May 6, 1999, July 14,
2002, July 1, 2006 and November 1, 2007 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 November 1, 2007, and hereby replaced by the following paragraphs
numbered 1 through 18 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, age 50 for local police
members and age 55 for local fire members.
Exhibit
RESOLUTION NO. 2010-62
Exhibit
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1968 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 ena{fted 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 CalPERS 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
CalPERS 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 CalPERS 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. RESOLUTION NO. 2010-62
Exhibit
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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:
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. That portion of the assets so transferred which
represent the accumulated contributions (plus interest thereof) required of
the employees under said local system has been credited to the individual
membership account of each such employee under the Public Employees'
Retirement System.
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 July 1, 2006 shall be determined in
accordance with Section 21354 of said Retirement Law, subject to the
reduction provided therein for service prior to December 31, 1974,
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 July 1, 2006 shall be determined in accordance
with Section 21354.4 of said Retirement Law, subject to the reduction
provided therein for service prior to December 31, 1974, termination of
Social Security, for members whose service has been included in Federal
Social Security (2.5% at age 55 Full and Modified).
9.
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 the effective date of
this amendment to contract shall be determined in accordance with
Section 21362.2 of said Retirement Law (3% at age 50 Full).
RESOLUTION NO. 2010-62
Exhibit
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10. The percentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after the effective date of this
amendment to contract 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 fire member entering
membership in the fire classification on or prior to the effective date of this
amendment to contract shall be determined in accordance with Section
21363.1 of said Retirement Law (3% at age 55 Full).
12. The percentage of final compensation to be provided for each year of
credited current service as a local fire member entering membership for
the first time in the fire classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21369 of said Retirement Law (2% at age 55 Full).
13. 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. Section 21536 (Local System Service Credit Included in Basic
Death Benefit).
c. Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d.
Section 20965 (Credit for Unused Sick Leave).
e.
Section 20042 (One Year Final Compensation) for local
miscellaneous members, local police members and those local fire
members entering membership on or prior to the effective date of
this amendment to contract.
f.
Section 20903 (Two Years Additional Service Credit).
g.
h.
Section 21024 (Military Service Credit as Public Service).
Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
I.
Section 20431 ("Local Police Officer" shall include city jail,
detention or correctional facility employees as described in
Government Code Section 20431).
RESOLUTION NO. 2010-62
. .
Exhibit
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j. Section 20475 (Different Level of Benefits). Section 21369 (2% @
55 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local fire members entering
membership for the first time in the fire classification after the
effective date of tis amendment to contract.
Section 21362 (2% @ 50 Full formula) is applicable to local police
members entering membership for the first time in the police
classification after the effective date of this amendment to contract.
14. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
July 1, 1981. 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.
15. 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.
16. 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 penodic investigation and valuations required by law.
RESOLUTION NO. 2010-62
17. 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.
18. 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 CITY OF GILROY
BY
PRESIDING OFFICER
BY
LORI MCGARTLAND, CHIEF>
EMPLOYER SERVICES DIVIS1PN
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 0733
PERS-CON-702A
Exhibit
RESOLUTION NO. 2010-62
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-62 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 15th day of November, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 16th day of November, 2010.
hawna Freels,
City Clerk of the City of Gilroy
(Seal)