HomeMy WebLinkAbout24595RESOLUTION NO. 24595
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY OF PALM SPRINGS.
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 20516 (Employees Sharing Additional Cost) of 3% for classic
local fire members in the Palm Springs Fire Management Asociation ("PSFMA") and the
Palm Springs Firefighters Association ("PSFA").
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLOVE AS FOLLOWS:
SECTION 1. The City Council hereby gives notice of its intention to approve an
amendment to the contract between the City and Board of Administration of the Public
Employees' Retirement System, a copy of the amendment is attached hereto as
Exhibit 1 and by this reference made a part here of. The Council hereby authorizes a
Certification of Compliance with Government Code Section 20516 stating that the City
has complied with the provisions of retirement law. A copy of the Certification is attached
hereto as Exhibit 2 and by this reference made a part hereof . .
SECTION 2, Any provision of the Memorandum of Understanding with PSFMA
and PSFA and related resolutions which are inconsistent with the foregoing is superseded
by this resolution.
SECTION 3. The City Manager is hereby authorized to execute any
··dq<::uments _to·effectuate such actions.
Resolution No. 24595
Page 2
ADOPTED THIS 1st DAY OF MAY , 20 19 .
David H Re~d-:t;~
City Manager
ATTEST:
CERTIFI CATION
STATE OF CA LIFORNIA )
CO UNTY OF RIVERSIDE ) ss.
C ITY OF PALM SPR IN GS)
I , ANTHONY MEJIA, City Clerk of th e City of Palm Springs , hereby certify that
Reso luti on No. 24595 is a fu ll, t rue and correct copy , and was du ly adopted at a regular
meeting of the C ity Counc il of the C it y of Palm Springs on this pt day of May, 2019 , by
the following vote:
AYES :
NOES:
ABSENT:
ABS TAI N:
Councilm embers Holstege, Middleton , Roberts, and Mayor Moon
None
Mayor Pro Tern Kors
None
IN WITNESS W HEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs , Ca lifornia , this \~ day of ·:;s:2 ,...Q__ , 1-c !Pi
City Clerk
A
CalPERS
EXHIBIT·
California
Public Employees' Retirement System --;;;;;;;;;;;;;;;=•----
AMENDMENTTOCONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Pahn Springs ----•----
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to a!) Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective January
1, 1957, and witnessed December 3, 1956, and as amended effective July 14, 1965,
January 14, 1973, January 1, 1975, September 5, 1976, July 10, 1977, October 15, 1978,
April 29, 1979, February 27, 1983, July 1, 1984, June 29, 1986, April 18, 1998, August
23, -1998, April 18, 1999, August-19, 2001, April 28, 2002,-May25, 2003, January 4, 2004,
June 17, 2011, June 17, 2011, December 17, 2011 and December 25, 2012 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 25, 2012, and hereby replaced by the following paragraphs
numbered 1 through 18 inclusive:
PLEASE DO NOT SiGI~ "EXHIBIT ONLY"
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 classic
local mjscellaneous members entering membership in the miscellaneous
classification on or prior to December 25, 2012; age 60 for classic local
miscellaneous members entering membership for the first time in the
miscellaneous classification after December 25, 2012; age 62 for new local
miscellaneous members; age 50 for classic local police members entering
membership in the police classification on or prior to June 17, 2011 and for
those classic local fire members · entering membership in the fire
classification on or prior to December 17, 2011; age 55 for classic local
police members entering membership for the first time in the police
classification after June 17, 2011 and for those classic local fire members
entering membership in the fire classification after December 17, 2011; and
age 57 for new local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System
. from and after January 1, 1957 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 (CalPERS) 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 limi1ed to interest, penalties and attorney fees that may arise as a result
<if any of the following:
(a) _ Public __ Agency's ____ election to. _provide _ retiremenL-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-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including
without limitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas that are different than su,ch employees' existing
retirement benefits, provisions or formulas.
PLEASE DO NOT SIG!~ "EXHIBIT ONLY"
-(c) Public Agency's agreement with a third party other than CalPERS
IQ 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.
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 Figh~ers (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. The percentage of final compensation to be provided for each year of
credited prior and current service for classic local miscellaneous members
in employment tiefore and not on or after April 28, 2002 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).
7. The percentage of final compensation to be provided for each year of
. _credited .. prior.and current service for classic.local miscellaneous members
in employment on or after April 28, 2002 and not entering membership for
the first time in the miscellaneous classification after December 25, 2012,
shall be determined in accordance with Sectiori 21354.5 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 Federa_l Social Security (2.7% at age 55 Full and
Modifi_ed).
8. . The percentage of final compensation to be provided for each year of
credited current service as a clas~ic local miscellaneous member en.taring
membership for the first time in the miscellaneous 9lassification after
December 25, 2012, shall be determined in accordance with Section 21353
of said Retirement Law (2% at age 60 Full).
PLtA3t UG r·JU I S!ul~ ·:[)(!-lib IT or~LY"
9, The percentage of final compensation to be provided for each year of
credited prior and current service as a new local miscellaneous member
shall be qetermined in accordance with Section 7522.20 of said Retirement
Law (2% at age 62 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local police member .entering
membership in the police classification on or prior to June 17, 2011 and
classic local fire members entering membership in the fire classification on
or prfor to December 17, 2011 shall be determined in accordance with
Section 21362.2 of said Retirement Law (3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of
credited prjor and current service as a classic local police member entering
membership in the police classification on or prior to June 17, 2011 and
classic local fire members entering membership in the fire classification on
or prior to December 17, 2011 shall be determined in accordance with
Section 21362.2 c;>f said Retirement Law (3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local safety member sh!lll be
determined in accordance with Section 7522.25(d) of said Retirement Law
(2. 7% at age 57 Full).
13. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance).
b. Section 21024 (Military Service Credit as Public Service).
c.. . .. Section. 20042 (One-Year_ Einal .Compensation) Jor, classic_local
safety members and for those classic local miscellaneous members
entering membership on or prior to December 25, 2012.
d. Section 20965 (Credit for Unused Sick Leave) for local fire members
only.
e. Section 21574 (Fourth Level of 1959 Survivor Benefits).
f. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @
55 Full formula) is applicable to classic local police members,
entering membership for the first time with this agency in the police
classification after June 17, 2011.
PLEASE DO f'JOT SICN "EXHIBIT ONLY"
Section 21363.1 (3% @ 55 Full formula) is applicable to classic
local fire members entering membership for the first time with this
agency in the fire classification after December 17, 2011.
Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-
Year Final Compensation) are applicable to classic local
miscellaneous members entering membership for the first time with
this agency in the miscellaneous classification after December 25,
2012.
g. Section 20516 (Employees Sharing Additional Cost):
From and after the effective date of this amendment to contract, 3%
for classic local fire members.
The portion of the employer's contribution that the member agrees
to contribute from his or her compensation, over and above the
member's normal contribution ("Cost Sharing Percentage"), shall not
exceed the Employer Normal Cost Rate, as that rate is defined in the
CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost
Sharing Percentage will exceed the relevant Employer Normal Cost
Rate, the Cost Sharing Percentage shall automatically be reduced to
an amount equal to, and not to exceed, the Employer Normal Cost
Rate for the relevant fiscal year.
14. Public Agency, in accordance with Government Code Section 20790,
ceased to be an 'employer" for purposes of Section 20834 effective on
September 5, 1976. 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 micscellaneous 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 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
miscellaneous members and local safety members.
b. 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.
c. 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.
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
Pu!Jlic Agel')CY 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 emplo~ee may be made by direct payments between the
employee and the B~tc;I· · _,z
~-.. ~ :--...,
B. This amendment shall ~~ective on the __ day of .f-.... :!J-:
BOARD OF ADMINISTRAT!~ CITY COUNCIL [-;$
PUBLIC EMPLOYEES' ~~IREMENT SYSTEM CITY OF PALM SPAIN~~~
.~ ~'V r·3, .:.:-::..
~~NITA PAl~E~ c~~1 · ··· ·· ·· .·· ··· · · · ·~~iis1o"1NG·aFF1~~·,.
PENSION CONT~AeTS A":JD PREFUNDING .f,:::J
PROGRAMS Dl!@lON "-c~
PUBLIC EMP 1 ~EES' RETIREMENT SYSTEM () ~ ,~
) ~1../ c-.
AMENDMENT CalPERS ID #5389648201
PERS•CON-702A
Witness D~i{
Attest:
Clerk
Jt.CalPERS
California .Public Enij:Jloyees'.Retirement System
Final1cial Office I Pension Contracts and Prefunding Programs Division P.9. Box 942703, Sacramento, CA 94229-2703 ,
888 CalPERS (or888-225-7377) I TTY: (877) 249-7442 I www.calpers.ca.gov
Certification of Governing Body's Action
I hereby certify that the foregoing is a.true and correct copy of a Resolution adopted by the
-----------~C~i~t~y'-'C~o~un=c=i=l'-_______________ ofthe
on May 1, 2019
{date)
PERS-CON12 (rev. 1/22/19)
(governing body)
City of Palm Springs, California
{public agency)
Clerk/Secretary
,,
Anthony Mejia, -City Clerk-
'fitle
-J~CalPERS
Califo_rnia Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division
P.O. Box942703, Sacramento, CA 94229-2703
sss·calP_ERS (or888-22S-7377) J. TTY: (877) 249-7442 I www.calpers.ca.gov
Certification of Compliance with
Government Code Section 7507
I hereby certify that in accordance with Government Code section 7507, the future· annual costs
as determined by the California Public Employees' Retirement System for the increase or change
in retirement benefit(s) have been made public at -a public meeting of the
I
----=C=i=t~y-=Co~un=c=i=l~·------ofthe __ C=i~·t~y'---"o=f:.....:::P=a=l.m=...;S~pcr~in=g~s~~-=C=a=lif=o~nn.a=·•=·=---
(public agency) (governing body)
May 1, 2019 on __ =-------which is at least two weeks prior to the adoption of the Resolution/
(date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the
consent calendar.
Clerk/Secretary
Anthony Mejia, City Clerk
Title
Date __ -,-____ _
PERS-CON-12A (rev.12/11/18)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
GOVERNMENT CODE SECTION 20516
COST SHARING BALLOT
. For use by the classic local fire members of the City of Palm Springs to determine their
approval or disapproval of the proposal of said agency's governing body to amend its
contract with the Board of Administration of the California Public Employees' Retirement
System to provide Section 20516 (Employees Sharing Additional Cost).
Government Code Section 204 7 4 requires a secret ballot election by the employees affected
whenever the contract is amended to provide a benefit that changes the employees' rate of
contribution.
Shall the contribution rate of the designated employees
of the Public Agency named above share of an additional
3% pursuant to Section 20516 (Employees Sharing
Additional Cost)?
YES
NO
[ ]
[ ]
NOTE: The change in the member contribution rate will be effective as of the
effective date of the amendment to the contract.
(Amendment)
C10022 (Rev. 3/8/2016 re)