Loading...
HomeMy WebLinkAbout6.10 Amend PERS Agmt 0 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 14, 1987 • SUBJECT : Public Employees' Retirement System (PERS) Amendment to Agreement EXHIBITS ATTACHED : o Resolution of Intention o Ordinance Amending Agreement o Agreement Authorizing Benefit Assets and Liabilities into the Third Level 1959 Survivor Benefit Pool o 1959 Survivor Benefit Comparisons o Summary of Benefit Provisions • RECOMMENDATION 1) Conduct a public hearing 2) Adopt the Resolution of Intention 3) Approve the Agreement Authorizing 1959 Survivor Benefit Pool and Authorize Mayor to execute the Agreement 4) Waive the reading and introduce the Ordinance 5) Continue the second reading to the meeting of October 12, 1987 6) Authorize Staff to proceed with election require- ments FINANCIAL STATEMENT: The maximum City cost of the amendment will be $3.50 per month for each covered employee. If all eligible positions elect coverage, the annual cost to the City is approximately $1,176. DESCRIPTION The City of Dublin currently provides employees with membership in the Public Employees Retirement System. Agency employees are not covered by the Federal Social Security System, unless they have sufficient service credit from another employer. The Social Security System provides benefits to the survivor of a covered individual in the event of a death. The Basic PERS program only provides a lump sum payment which consists of a refund of the members contributions plus an additional amount equal to one months salary for each year of service, up to a maximum of six months salary. The proposed PERS amendment is referred to as the 1959 Survivor Benefit. The Survivor Benefit is offered at three separate levels. PERS has drafted the documents providing for the Third Level of Benefits. This level ranges from 13.7% to 18. 6% less than the similar benefit provided to individuals covered by Social Security. A memorandum from PERS dated May 19, 1986 is attached which identifies benefit comparisons. The 1959 Survivor Benefit defines an eligible survivor and the level of benefits varies depending on the number of survivors. For example, a surviving spouse with two children would receive $840 per month, while a surviving spouse alone, over age 620 would receive $350 per month. A description of the program is included in the attached Summary of Benefit Provisions. PERS law requires an election to be conducted among current employees of the agency. These employees will be provided with an opportunity to choose whether they desire to have the coverage. If an employee elects not to be covered, he/she will not be required to pay the $2.00 per month employee contribution. Any new employees hired after the November 21, 1987 effective date will be required to participate. PERS considers the program to be basic catastrophic coverage and it is common among PERS contracts which are COPIES TO: ITEM NO. • IL1,10 AGENDA STATEMENT: Public Employees' Retirement System (PERS) Amendment to Agreement Page 2 not covered by Social Security. Staff has surveyed five surrounding agencies which are members of PERS. One agency has dual coverage with Social Security. The remaining four agencies all have the 1959 Survivor Benefit. The State Government Code identifies a specific format for the consideration of amendments to the retirement system. The City Council must adopt a Resolution of Intention at a public meeting. It is also necessary to adopt by Ordinance the amended contract. However, the final adoption of the ordinance cannot occur until 20 days following the Resolution of Intention. In order to meet this requirement, it is suggested that the City Council continue the second reading of the ordinance to the regular City Council meeting on October 12, 1987. Staff recommends that the City Council conduct a public hearing, adopt the Resolution of Intention, approve the Agreement, waive the reading and introduce the Ordinance and continue the second reading to the meeting of October 12, 1987. sr... .J na,.m.......*'a a.. r.v 4.,; w n >... ,..,�-.::„_..._.» ..;�..._ h,,y;:- .,..»..,....:. s«a,.J.. a* .«,.%.d.V. ...ka:..,.- 1..,... ,.,..,- r d.x.r. ._..,,�a..,. e.,,u. .a ..s. ..a... ., ,..... _. RESOLUTION NO. - 87 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DUBLIN 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 procedure 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 Sections 21380-87 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members. 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 the said governing body 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. PASSED, APPROVED AND ADOPTED this day of 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 9*• * COPY * * * kVA- \CS AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION 0 �"` OF THE ' PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DUBLIN The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective February 1, 1983, and witnessed December 13, 1982, and as amended effective April 12, 1986, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective April 12, 1986, and hereby replaced by the following paragraphs numbered 1 through 10 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 60 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1983 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 contract- ing agency. 3. 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. Employees other than local safety members (herein referred to as local miscellaneous members) . 4. 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. FIRE FIGHTERS; AND b. POLICE OFFICERS. .....:...� .,,,.:::....7.; .:r.3 .w.r. ,.. ....t 1:7: ., fis:aa x.md.L.?::a^..},-;":„i,.m,t.,v.M:+ x i 7.i. 1,.w n.i;:a., .,zs s.., x * * COPY 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full) . 6. The%, ollowing additional provisions of the Public Employees' Re.�.A ement Law, which apply only upon election of a contracting 4eT cy, shall apply to the Public Agency and its employees: . Section 20835.1 (Limits Prior Service Credit to Members Employed on Contract Date) . b. Sections 21380 - 21387 (1959 Survivor Program) including 6..\;') Section 21382.4 (Third Level of 1959 Survivor Benefits) . 4. 7. Public Agency, in accordance with Government Code Section 20759, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and t,, determined as provided in Government Code Section 20759, and such �Q ' contributions hereafter made shall be held by the Board as provided in i Government Code Section 20759. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.159 percent until June 30, 2007 on account of the liability for prior service benefits. (Subject to annual change. ) (2) 5.929 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change. ) b. Public Agency shall contribute $3.50 per employee on account of the liability for the 1959 Survivor Program provided under Section 21382.4 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 beneficiaries of all local miscellaneous members. c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. ,. r * * * COPY d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 9. 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. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty 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. A. This amendment shall be effective on the 21st day of November , 19 87 a BOARD OF ADMINISTRATION14 CITY COUNCIL PUBLIC EMPLOYEES' RETIREMI SYSTEM OF THE e� CITY OF DUBLIN BY BY _,\'` SANDRA C. L *. Presiding Officer �\ ASSISTANT E C b�FfrIVE OFFICER ��� BENEFIT S CES c �� 4, Witness Date e� q.../ Attest: � ' 494 Clerk Qr: PERS-CON-702 (AMENDMENT) (Rev. 9/86) 1gitYa`.*f . rlu....:,.+. J. ::;t^:. s.:.r•....t/_T'a r+..eCtero-..--,.s.>,.N'Nia:....r. Aux...r.-s'_w.Wm.r..a.;fM.V+ .!flfl,mc+x. a.v;:=M'.:r-,-c-•M"..5n. ...k,' ..,r.A J!,,c. , r • ORDINANCE NO. - 87 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THE 1959 SURVIROR'S BENEFIT An Ordinance of the City Council of the City of Dublin authorizing an Amendment to the Contract between the City of Dublin and the Board of Administration of the California Public Employees' Retirement System. The City Council of the City of Dublin does ordain as follows: Section 1. That an amendment to the Contract between the City of Dublin and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said agreement being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the date of its adoption and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of , 1987 by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk * * C O P Y EN L . • �� ��� AMENDNNT CONTRACT TO THE ME BOARD OF ADMINISTRATION OF THE 2\• 1c3 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE • CITY OF DUBLIN The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective February 1, 1983, and witnessed December 13, 1982, and as amended effective April 12, 1986, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective April 12, 1986, and hereby replaced by the following paragraphs numbered 1 through 10 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 60 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1983 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 contract- ing agency. 3. 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. Employees other than local safety members (herein referred to as local miscellaneous members) . 4. 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. FIRE FIGHTERS; AND b. POLICE OFFICERS. ..B..v. w .w.w.,.al.r.. .ii.a.a.8. . s ....I.f. • ..c ....r ,.xa, ,. sc,. ..,..,...Y -. .; .r . '� a F. F.c LA ' * * COPY 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance. with Section 21251.13 of said Retirement Law (2% at age 60 Full) . 0 The following additional provisions of the Public Employees' A Retirement Law, which apply only upon election of a contracting 4 agency, shall apply to the Public Agency and its employees: a. Section 20835.1 (Limits Prior Service Credit to Members Employed on Contract Date) . b. Sections 21380 - 21387 (1959 Survivor Program) including Section 21382.4 (Third Level of 1959 Survivor Benefits) . 7. Public Agency, in accordance with Government Code Section 20759, shall a not be considered an "employer" ,for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and v$' determined as provided in Government Code Section 20759, and such (ta. contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.159 percent until June 30, 2007 on account of the liability for prior service benefits. (Subject to annual change. ) (2) 5.929 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change. ) b. Public Agency shall contribute $3.50 per employee on account of the liability for the 1959 Survivor Program provided under Section 21382.4 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 beneficiaries of all local miscellaneous members. c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 4 t:.i.'• ". 7 .. 'E v." a5r..^:f3. ..4'.,V' <'..... Y h.tevY ..f£. `Y^ '-+.'sa'^4 Y.n,%TCkV:.L; f^'TJ e°rt .G T,_.... "Qv r'_.. ..«. G:k'vr ....v.. ......'«..:a: ... , • ..;.... a ...u. ......r^ ".,. . -wv. rar: w...... v .�.._. !-ws r s * * COPY d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 9. 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. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty 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 21st day of November , 19 87 BOARD OF ADMINISTRATION �$�� CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT STEM OF THE & CITY OF DUBLIN df BY . BY SANDRA C. LUND • Presiding Officer . ASSISTANT EXECUTI E FFICER BENEFIT SERVICES LV ,c) Witness Date C7 -72 Attest: r!:• Clerk Q�'4o PERS-CON-702 (AMENDMENT) (Rev. 9/86) AGREEMENT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD LEVEL 1959 SURVIVOR BENEFIT POOL BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DUBLIN WHEREAS, the City Council of the City of Dublin has adopted a Resolution of Intention to include in its contract with the Board of Administration, Public Employees' Retirement System, pursuant to Government Code Sections 21380-21387, including Government Code Section 21382.4, the Third Level of 1959 Survivor Benefits; and WHEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section, and their employees who are covered by this section, to be pooled into a single account; NOW THEREFORE BE IT AGREED: Accumulated and/or future contributions required of the City of Dublin and its covered employees are to be released, pursuant to the provisions of Government Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF DUBLIN BY BY SANDRA C. LUND Presiding Officer ASSISTANT EXECUTIVE OFFICER BENEFIT SERVICES Date C0505 (Rev. 9/86) .2aw,,,.: ,,,,,,tJ, .,.,,,a,',,, .X ,,, ,'d= 1..,r•,... .,,...s..., ,«—,-- _�.....,4 P.....4.ssi~!e .,....r...",, ...e.,,, ....,.dn W'.'.....:Zr,7 >..a. t�. ,,...,..„.., 7 ....x ...r „.,• _... t, a>=PER Document No. , Circular Letter to:: May 19, 1986 Index> California Public Employees'Retirement System P.O.Box 90109 Distribution: VI, IIB Sacramento,CA 95809- 0109 t�milar getter No., 900-300 I 918 X�4455 55 0o� Telecomnlunfc7aUons Device For {{ I; t_: Yr The Deaf—No Voice(916) i PUBLIC AGENCIES U.'.I” L i' 19.1!3 i Tm r j Subjects 1959 SURVIVOR BENEFIT COMPARISONS I 1 The 1959 Survivor Benefit provides monthly allowances to eligible survivors of o a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit or the 1957 Survivor Benefit but would be reduced by the 1 Industrial Death Benefit if payable. Coverage is prohibited for members i covered under Social Security. 1 Three levels of the 1959 Survivor Benefit are available: Survivor Group Standard Increased Third k . Level Level Level ,. ' #180 $225 $350 Spouse age 62 or older, or one child alone • 1 4 Spouse with one child, $360 $450 $700 or two children alone Spouse with two or more #430 $538 #840 children, or three 1 children alone • 11Coparable benefits under Social Security average $415, $796, and $988 II :re:pectively. The monthly non-refundable employee cost under any of the levels is $2.00. The monthly employer cost depends upon the level of benefits selected and whether your agency is currently participating in the 1959 Survivor Benefit program. Employer costs for agencies not currently participating: Employee Standard Increased Third Classification Level Level Level Miscellaneous .150% of payroll .150% of payroll $3.50/covered employee Safety .075% of payroll .075% of payroll $3.50/covered employee For most agencies .150% of payroll is equivalent to ;3.00/covered employee, and .0,b7t is equivalent to $1.50/covered employee. • Employer costs for agencies currently participating in the 1959 Survivor Benefit program who amend to the Third Level will vary depending upon each agency's 1959 Survivor Reserve level. The coat to the employer for each covered employee is $3.50 each month. No payment is required if the agency has at least two years of 1959 Survivor Benefit Reserve surplus. If there is a deficit in an agency's 1959 Survivor Reserve, or less than a two year surplus, a transfer will be made from the agency's current service reserve and the $3.50 payment per employee is required. (The transfer may cause a slight increase in { the current service portion of your total employer rate). The $3.50 payment per employee will be billed annually by October of the year following the year of coverage. • Contracting for other than the Standard Level will unpool your agency from the j miscellaneous employer reserve pool. Unpooling may cause your pension rates to increase or decrease depending upon your agency's individual experience. The 1959 Survivor Benefits are somewhat less than the level provided by "' Social Security. However, agencies without Social Security coverage may find the higher levels of the 1959 Survivor Benefit program cost effective even though unpooling is required. If you have any questions concerning this information or contracting procedures, please contact the Contract Office, Field and Contracts Services Division, PERS, P.O. Box 90109, Sacramento, CA, 95809-0109, (916) 445-6570 or ATSS 485-6570. • .0.4.0-ta- 144 01-44-at- Summary of Benefit Provisions Third Level 1959 Survivor Benefits Government Code Sections 21380-21387, including Section 21382.4 General: The 1959 Survivor Benefits are paid monthly to certain survivors of a member who dies before retirement. The covered member's survivors receive the following monthly allowances regardless of whether the member was eligible to retire at the time of death. Surviving spouse with two or more dependent children; or three or more dependent children, alone $840 Surviving spouse with one dependent child; or two dependent children, alone $700 Surviving spouse, alone, age 62 or over; dependent mother and depen— dent father, age 62 or over; or one dependent child $350 Definitions of Survivors 1. A dependent child is one under the age of 22 and unmarried, or a 5 disabled child of any age whose disability began before and has continued without interruption after attainment of age 22. 2. A spouse ceases to be eligible for a benefit upon remarriage. o 3. A surviving spouse must be married to the member prior to the occurrance of the injury or onset of the illness which resulted in death. Concurrent Benefits The 1959 Survivor Benefits would be payable in addition to the following benefits, if applicable: Basic Death Benefit — This benefit provided is a refund of the member's accumulated contributions, with interest, plus an additional amount equal to one month's salary for each year of service, up to a maximum of six months salary. 1957 Survivor Benefit — This benefit is a monthly allowance equal to one—half of what the unmodified retirement allowance would have been had the member been retired at the time of death. • Special Death Benefit (applies to local safety members only) — This benefit is a monthly allowance equal to one—half of your "final compensa- tion". The 1959 Survivor Benefits payable in any month shall be reduced by the amount of the special death benefit allowance. Cost To The Employee — The cost to the employee is $2.00 monthly (non- refundable), in addition to normal retirement contributions. PERS—CON-24b C10019 (3/86)