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Home My WebLink AboutReso 62-15 CalPERS Amend Contract RESOLUTION NO. 62-15 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 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 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 end Section 20516 (3.95% Employees sharing Cost of Additional Benefits) applicable to Section 21354.5 (2.7% @ 55 Full formula) effective August 20, 2005 and Section 20042 (One-Year Final Compensation) effective July 1, 2001 for local miscellaneous members; and to provide Section 20516 (Employees Sharing Additional Cost) of 7% for classic local miscellaneous members and 3.05% for new 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 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. By: r 4 _i Presiding Officer g Mayor Title May 6, 2oi5— Date adopted and approved (Amendment) CaIPERS ID#6598539431 CON-302(Rev.4/96) ATTACHMENT 1 PASSED, APPROVED AND ADOPTED this 5th day of May, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None ay r�L ATTEST: 6%449 City Clerk Reso No. 62-15,Adopted 5-5-15, Item 6.1 Ca1PERS EXHIBIT California Public Employees' Retirement System AO- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Dublin 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 February 1, 1983, and witnessed December 13, 1982, and as amended effective April 12, 1986, November 21, 1987, July 1, 2000, August 20, 2005 and October 20, 2012 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective October 20, 2012, and hereby replaced by the following paragraphs numbered 1 through 13 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. 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 contracting agency. nr ( in I " ; F 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) 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 such employees' 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. 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. 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. FIREFIGHTERS; AND b. POLICE OFFICERS. 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 August 20, 2005 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). ,, cr: f i!1 R Or" Gr f^I 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 August 20, 2005 shall be determined in accordance with Section 21354.5 of said Retirement Law(2.7% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21573 (Third Level of 1959 Survivor Benefits). c. Section 20042 (One-Year Final Compensation). d. Section 20516 (Employees Sharing Cost of Additional Benefits): From and after October 20, 2012 and until the effective date of this amendment to contract Section 21354.5 (2.7% @ 55 Full formula) effective August 20, 2005 and Section 20042 (One-Year Final Compensation) effective July 1, 2000 for local miscellaneous members. The employee cost sharing contributions are not to exceed 4.072%. e. Section 20516 (Employees Sharing Cost of Additional Cost): From and after the effective date of this amendment to contract, 7% for classic local miscellaneous members and 3.05% for new local miscellaneous members, 9. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 10. 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 of said Retirement System. 11. 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. 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. 12. 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. 13. 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 DUBLIN BY BY <- RENEE OSTRANDER, CHIEF PRESIDING OFFICER EMPLOYER(ACCOUNT MANAGEMENT DIVISION %-3." PUBLIC EMPLOYEES' RETIREMENT SYSTEM )� Witne"si Date • Attest: Clerk AMENDMENT CaIPERS ID#6598539431 PERS-CON-702A CITY OF DUBLIN 100 Civic Plaza Dublin, California 94568 Phone: (925)833-6650 Fax: (925)833-6651 City Council (925)833-6650 City Manager (925)833-6650 Community Development (925)833-6610 ************************************************* Economic Development (925)833-6650 I hereby certify under penalty of perjury that Finance/Admin Services (925)833-6640 the attached Resolution No. 62-15, adopted Fire Prevention (925)833-6606 by the Dublin City Council on May 5, 2015, Human Resources is a true and accurate copy of said (925)833-6605 Parks&Community Services document taken from the official files of the (925)556-4500 Police City of Dublin. (925)833-6670 Public Works/Engineering (925)833-6630 Date: May 6, 2015 Dublin By: .fiA-v ILretzl Caroline P. Soto All-America City City Clerk/Records Manager IIIIo 2011 www.dublin.ca.gov