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CC 2012-12-11_10.a. Urgency Ord - Amendment to PERS ContractTO: FROM: SUBJECT: DATE: MEMORANDUM CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICES~ ADOPTION OF AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ARROYO GRANDE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) FOR THE LOCAL MISCELLANEOUS MEMBERS DECEMBER 11, 2012 RECOMMENDATION: It is recommended the City Council adopt an Urgency Ordinance of the City Council of the City of Arroyo Grande authorizing an amendment to the contract between the City of Arroyo Grande and the Board of Administration of the California Public Employees' Retirement System for local miscellaneous members. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The employer contribution rate for the second tier will be 9.716% of reportable earnings for local Miscellaneous members entering membership for the first time in the Miscellaneous classification after the effective date of this amendment to contract. The employer contribution rate for current Miscellaneous members is 22.086%. Amount of savings will depend on the number of positions that the new rate applies to in the future. No immediate savings is anticipated. BACKGROUND: During negotiations with the Service Employees International Union (SEIU) and the Arroyo Grande Police Officers' Association (AGPOA), an agreement was reached in which a two tiered CaiPERS plan would be implemented. The City provides the 2.5% at 55, single highest year, retirement plan for local Miscellaneous members and will continue to provide this plan for current employees. The second tier will provide new lateral Miscellaneous employees with the 2% at 55, three-year final compensation, CaiPERS plan. With the recent implementation of AB 340, beginning January 1, 2013 a third tier will be created in which new members to the CaiPERS system will be at 2% at 62 using a three-year final compensation average and have a wage cap based on the Social Security wage index limit. In addition, new members will be required to pay at least 50% of the normal cost and employers are prohibited from paying this contribution on the employee's behalf. Item 10.a. - Page 1 CITY COUNCIL MODIFICATION TO CALPERS CONTRACT DECEMBER 11, 2012 PAGE 2 On November 13, 2012, the City Council adopted Resolution No. 4492, a Resolution of Intention to amend the City's contract with CaiPERS to establish the second tier. ANALYSIS OF ISSUES: This action implements provision 16.1 A of the current MOU between the SEI U and the City of Arroyo Grande and Article 26 of the current MOU with the AGPOA. The provisions of the MOUs state that the CaiPERS 2% at 55 Retirement Plan shall be provided for new Miscellaneous employees. New employees shall pay the full 7% of the employee share of CaiPERS. Also, for new employees, retirement benefits will be based on the highest average annual compensation earnable by a member during three consecutive years of employment. Due to the adoption of AB 340, which implements a third tier, the 2% at 55 retirement plan will only be offered to new employees who begin working for the City before January 1, 2013. After January 1, 2013, this second tier will only apply to employees transferring from another CaiPERS agency. On August 31, 2012, the State legislature adopted AB 340, the Public Employee Pension Reform Act of 2013. As part of this act a new retirement benefit formula of 2% at age 62 for all new Miscellaneous employees hired after January 1, 2013 was created. This new formula only applies to employees that are "new" members into the CaiPERS system and not employees hired from another CaiPERS agency. Therefore, by moving forward with the implementation of the second tier, only employees who are hired after December 20, 2012 who are already members of CaiPERs would now be hired in at the 2% at 55 plan. As a result, a three tier system will now be created. Existing employees will be under the 2.5% at 55 plan, new employees hired from another CaiPERS agency will be under the 2% at 55 plan, and all other new employees will be under the 2% at 62 plan. Implementation of the second tier was delayed due to Police consolidation efforts. AB 340 prohibits implementation of other tiers after December 31, 2012. Therefore, the City must move forward immediately or forego a second tier for new employees hired from another CaiPERS agency. This action authorizing the contract amendment must be taken via an Urgency Ordinance. As a result of adoption of Assembly Bill 340 by the State Legislature, a new retirement formula will apply to employees hired after January 1, 2013. Memorandums of Understanding ("MOUs") have been approved with represented employees agreeing to implement a two-tiered CaiPERS retirement plan. AB 340 prohibits implementation of other retirement plan tiers after December 31, 2012. If this Ordinance is not adopted as an urgency measure, the City will not be able to comply with these negotiated MOUs. Breach of terms of negotiated agreements will undermine labor stability and adversely impact the City's ability to achieve labor cost reductions deemed necessary by this City Council to address budgetary difficulties and structural reforms needed to maintain fiscal stability and sustainability and provide the services to the community needed to preserve its peace, health and safety. If adopted, the Urgency Ordinance will go into effect immediately, so the amendment to contract with CaiPERS would commence on December 21, 2012. Item 10.a. - Page 2 CITY COUNCIL MODIFICATION TO CALPERS CONTRACT . DECEMBER 11 I 2012 PAGE 3 ALTERNATIVES: The following alternatives are provided for City Council consideration: Adopt an Urgency Ordinance amending the CaiPERS contract; Do not adopt the Urgency Ordinance, which would require staff to renegotiate the approved MOUs; Provide direction to staff. ADVANTAGES: By approving the recommended amendment, the City will be honoring the agreement reached with the respective unions. The second retirement plan tier will provide the City with cost savings in future years and will provide benefits consistent with the majority of other cities in the County. DISADVANTAGES: The additional tier will provide the following disadvantages: • It will result in a complex three-tier system for miscellaneous employees; • It will increase the challenge of recruiting qualified management and executive employees since the City's salaries are already lower than many agencies and will now require new experienced employees to accept a potential decrease in their retirement benefits; • It will make the potential for future consolidated Police and/or dispatch services more difficult because transferring non-sworn employees from one agency to another would likely negatively impact their retirement benefits. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, December 6, 2012. The Agenda and report were posted on the City's website on Friday, December 7, 2012. No public comments were received. Item 10.a. - Page 3 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ARROYO GRANDE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL MISCELLANEOUS MEMBERS WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California is duly authorized and existing under the laws of said State; and WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration of the California Public Employees' Retirement System to provide retirement benefits to the employees; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 20475 (different level of benefits) for local Miscellaneous members; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 21354 (2% @ 55 Modified formula) for local Miscellaneous members; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 20037 (three-year final compensation) for local Miscellaneous members. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo Grande, as follows: Section 1: That an amendment to the contract between the City Council of the City of Arroyo Grande and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2: The Mayor of the City of Arroyo Grande is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said City. Section 3: The City Council finds and determines that the immediate preservation of the public peace, health, and safety requires that this Ordinance be enacted as an Urgency Ordinance, pursuant to Government Code Section 36937(b), and take effect immediately upon adoption. As a result of adoption of Assembly Bill 340 by the State Legislature, a new retirement formula will apply to employees hired after January 1, 2013. Memorandums of Understanding ("MOUs") have been approved with represented employees agreeing to implement a two-tiered CaiPERS retirement plan. AB 340 prohibits implementation of other retirement plan tiers after December 31, 2012. If this Ordinance is not adopted as an urgency measure, the City will not be able to comply Item 10.a. - Page 4 ORDINANCE NO. PAGE2 with these negotiated MOUs. Breach of terms of negotiated agreements will undermine labor stability and adversely impact the City's ability to achieve labor cost reductions deemed necessary by this City Council to address budgetary difficulties and structural reforms needed to maintain fiscal stability and sustainability and provide the services to the community needed to preserve its peace, health and safety. Section 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason to be unlawful, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unlawful. Section 5: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this 11th day of December, 2012. Item 10.a. - Page 5 ORDINANCE NO. PAGE3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 10.a. - Page 6 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 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 1 0, 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, June 26, 2009 and December 9, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective December 9, 2011, and hereby replaced by the following paragraphs numbered 1 through 17 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 December 9, 2011, age 55 for local fire members and for those local police members entering membership for the first time in the police classification after December 9, 2011. Item 10.a. - Page 7 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. (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. Item 10.a. - Page 8 (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 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 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 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 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified). Item 10.a. - Page 9 9. 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). 10. 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 December 9, 2011 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). 11. 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 December 9, 2011 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). 12. 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 fire members and those local police members entering membership on or prior to December 9, 2011 and local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. f. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local miscellaneous members only. g. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. Item 10.a. - Page 10 h. 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 December 9, 2011. Section 21354.4 (2% @ 55 Modified formula) and Section 20037 (Three-Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 13. 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 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. 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. 16. Contributions required of Public Agency and its employee~ 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. Item 10.a. - Page 11 B. 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. This amendment shall be effective on the ____ day of _______________ __ BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ARROYO GRANDE BY~~~-=----~-==--------------KAREN DE FRANK, CHIEF BY PR=E-S-ID_I_N_G_O_F~F~IC-E=R~---------- CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaiPERS 10 #6540026274 PERS-CON-702A Witness Date Attest: Clerk Item 10.a. - Page 12