R 4395 RESOLUTION NO. 4395
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 ARROYO GRANDE
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 21363.1 '(3% @ 55 Modified formula)'and Section
20037'(Three-Year Final Compensation) are 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 Administratiop 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-
Presiding O^ 51"
A' yok
Title
Date adopted and approved
(Amendment)
CON-302 (Rev.4/96)
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
r-
ENDMEN'T TO . CONT CT
Between the
Board of Administration
California Public Employees ' Retirement System
and - the
City Council
City of Arroyo Grande
The Board of Administration, California Public Employees' Retirement System,
hereinafter 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
10, 1964, and witnessed June '16, 1964, and as amended effective September 16,
1966, May 24, 1973, July 4, 1980, June 24, 1988, February 12, 1999, October 15, 1999;
September 28, 2000, January 4, 2002, July 2, 2004, December 31, 2004, June 30,
2006, June 27, 2008 and June 26, 2009 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
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A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective .June 26, 2009, 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, age 50 for local police members
entering membership in the police classification on or prior to the effective
date of this amendment to contract, age 55 for local fire members and for
those local police members entering membership for the first time in the
police classification after the effective date of this amendment to contract.
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 10, 1964 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.
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(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. EMPLOYEES COMPENSATED ON AN HOURLY BASIS; AND
b. ELECTED OFFICIALS.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local, 'miscellaneous member in
employment before and not on or after June 27, 2008 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 and Full).
7.- 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 June 27, 2008 shall be determined in accordance
with Section 21354.4 of said Retirement Law subject to the reduction
provided therein for Federal Social Security (2.5% at age 55
Modified and Full).
.8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
subject to the reduction provided therein for Federal Social Security (3% at
age 55 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 subject to the reduction provided
therein for Federal Social Security (3% at age 50 Modified).
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
21363.1 of said Retirement Law subject to the reduction provided therein
for Federal Social Security (3% at age 55 Modified).
11. Public Agency elected and elects to be -subject to the following optional
-provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave).
C. Section,21024 (Military Service Credit as Public Service).
d. Section 21027 (Military Service Credit for Retired Persons).
e. Section 20042 (One-Year * Final Compensation) for local
miscellaneous members; local fire members and those local police
members entering membership on or prior to the effective date of
this amendment to contract.
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f. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local
miscellaneous members only.
9. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
h. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Modlifed Formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local police members entering
membership for the first time in the police classification after the
effective date of this amendment to contract.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
July 4, 1980. 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.Governi-nent 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
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.
3.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4395 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the-City Council/Redevelopment Agency of
the City of Arroyo Grande on the 27th day of September 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 291h
day of September 2011.
KELLY ET RE, CITY CLERK