HomeMy WebLinkAboutItem 8.2 CalPERS Retiree Medical
CITY CLERK
File # D[7][2][Q]-[7J(Q]
X ft?tJ~-SV
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15,2007
SUBJECT: Financing Retiree Medical With Contributions Based On An Actuarial Study and
Placement of Funds Contributed Into The CalPERS Trust
Report Prepared by Paul S. Rankin, Administrative Services Director ~
ATTACHMENTS: 1) Summary of Actuarial Study Results Values As of 6/30/2007
2) Description of City of Dublin Retiree Medical Benefits
3) Resolution Authorizing the Execution of An Agreement and
Election to Pre-fund Other Post Employment Benefits Through
CalPERS
RECOMMENDATION: 1) Adopt the Resolution;
~ 2) Authorize Staff to transfer funds currently held in the City
\ Internal Service Fund for Retiree Medical purposes to the CalPERS
Trust (Estimated as $5,694,000 at June 30, 2007); and
3) Direct Staff to take necessary measures to incorporate the results
of the Actuarial Study into the 2007/2008 Preliminary Budget.
FINANCIAL STATEMENT: The use of the CalPERS Trust allows the Actuary to use a higher
interest rate assumption. Based on the 2007 Actuarial Study update, this will reduce City contributions
towards Retiree Medical by approximately $777,000. Placement of the funds in a trust will allow the City
to also reduce the liability required to be recorded in the Comprehensive Annual Financial Report
(CAFR).
DESCRIPTION: At the February 20, 2007 City Council Meeting Staff was authorized to obtain
actuarial services from Bartel & Associates. The purpose of obtaining these services was to report on the
projected City financial liability for future retiree medical obligations. The City had been using an earlier
report based on 6/30/2004 data. Government accounting standards require periodic updates depending on
the number of participants in the plan.
BACKGROUND RETIREE MEDICAL BENEFIT ACCOUNTING & IMPACTS
Retiree Medical benefits can represent a significant financial liability to an employer. With the
introduction of Governmental Accounting Standards Board (GASB) Statement 45 cities are required to
disclose more information about the liability.
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ITEM NO.-SJa-t'
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G:\OPEB - RETIREE MEDICAL\pers cONTRACT\agenda stmtPERSTrust.doc
GASB 45 addresses how an agency reports costs associated with retiree medical and other benefits
received after an employee retires. Since an employee is "earning" these benefits during the employee's
entire career, the financial statements are required to reflect those future costs each year. In the past it was,
typical to only show current year expenses for employees who had already retired.
GASB 45 results in the City disclosing its expected liability. Although there is not a requirement to
automatically set aside funds for the liability, it is prudent for the agency to have a financial plan to
address the growing liability. The City of Dublin has had a plan in place for several years, which included
obtaining actuarial reports and making contributions to an internal service fund. The annual contributions
made by the City exceeded the current year expense for retiree health benefits. This plan sets aside funds
for future obligations.
The 2004 Dublin Actuarial report was completed prior to the finalization and release of the accounting
rules. For the last two years the City placed $7,046 per year per eligible employee into a Retiree Internal
Service Fund. These funds are accounted for in the CAFR and the City allocated interest the same as
other funds held in the City portfolio.
ESTABLISHMENT OF AN IRREVOCABLE TRUST
Having funds set aside to address known liabilities is viewed in a positive manner by the financial
community. Bond rating agencies and analysts become concerned about the fiscal soundness of an entity,
if they have increasing liabilities and no visible plan to address the obligations. Further, these benefits are
very similar to other retirement benefits which the City funds though annual contributions that are
projected by the actuaries to meet obligations over the long term.
The next step to comply with accounting practices is the implementation of GASB 43 for the City Retiree
Health Plan. This requires that the City transfer assets held in the City's Internal Service Fund, to an
irrevocable trust. This will assure that the sole use of the funds shall be for retiree medical purposes. Until
the funds are transferred to a trust the GASB rules require the City to disclose that its liability is unfunded,
because the funds are held directly under the City's control. Placing the funds in a Trust will result in
these assets reducing the liability recorded on the City financial statements.
UPDATE OF ACTUARIAL REPORT
Prior to selecting a Trust for the Internal Service Fund it was considered prudent to obtain an updated
Actuarial Report. The Actuary utilizes demographic data based on the City employees and benefits
offered as well as industry wide benchmarks to project the liability for the current benefits. The City
engaged Bartel & Associates to prepare an updated actuarial study that complies with both accounting and
trust requirements. One change in the requirements is to calculate contributions as a percentage of payroll
rather than the flat annual contribution of $7,046 per covered employee. The 2007 updated report also
identified a higher liability than the 2004 report.
Attachment 1 provides a summary of key data from the Actuarial Report. The Actuary presented the
differences between the use of the CalPERS Trust with an assumed earning rate of 7.75%, or continuing
to retain the funds as part of the City portfolio earning an assumed rate of 4.45%. Since the City has
certain restrictions on the investment of its funds it cannot invest in the same way a retirement trust can
invest funds.
Section E of attachment 1, shows the total projected obligation prior to the application of funds already set
aside for retiree medical benefits. The present value of the City's total obligation is $18.5 million if the
City were to continue managing the obligation with an Internal Service Fund assumed to earn 4.5%. This
Page 2 of 4
is reduced to $9.8 million ifthe CalPERS Trust were used and assumed to earn 7.75%. The difference is
due to the difference in assumed interest rates that can reasonably be used in the actuarial assumptions.
With the City managed funds the funds contributed from investment earnings are less and therefore, the
City obligation is greater. In this case the difference is nearly 1.9 times greater (i.e. $18.5 million vs. $9.8
million).
Section E(2) of Attachment 1 describes the Unfunded Actuarial Liability. This takes into account the fact
that not all benefits have been earned as of June 30, 2007. It also takes into account the contribution of
the current ISF assets to the CalPERS Trust. If the City were to use the CalPERS Trust the assets from
the ISF would fund approximately 92% of the current Accrued Actuarial Liability (AAL). (AAL = $6.159
million and $5.694 million available in ISF). The Actuary discussed with Staff that compared to other
agencies it is the exception to have this level of funding in place. This is a direct reflection of Dublin's
early recognition of the obligation and efforts to fund the liability over the past 10 years.
PROPOSED 2007/2008 CONTRIBUTION RATES
As noted in section E (3) of Attachment 1, the total contribution to the Retiree Medical Benefit Trust is
expressed as a percentage of payroll. Selecting the CalPERS Trust option would reduce the amount of the
contribution to 7.3% of payroll. If the City were to continue with the internally managed funds, it would
be necessary to contribute 18.5% of salaries in order to fully fund the obligation over a 30 year time
horizon. The CalPERS Trust option also results in a lower contribution than the City made in the current
year based on the 2004 Actuarial Study. As will be discussed in the following sections, Staff is
recommending the CalPERS Trust option.
TRUST OPTIONS
The City has options in terms of selecting a trust to retain the funds associated with this liability. In
reviewing the alternatives Staff considered how various vendors would address the following elements of
the City Plan: a) ability to integrate with current City benefit programs; b) long term expertise in
managing retirement assets; c) additional City Staff or consultant time and expense required to administer
the trust investments; d) the expected return which could be reasonably assumed for actuarial purposes;
and e) costs.
Staff concluded that the California Public Employees Retirement System (CaIPERS) best addressed the
criteria. The California Public Employees Retirement System offers a pooled investment within a trust
established under the IRS code. The trust is currently available to agencies which contract with CalPERS
for medical coverage. CalPERS also has a long history of successfully administering retirement assets.
The trust they have established is a turn-key offering, which does not demand City Staff involvement in
oversight and selection of a specific investment strategy.
REQUIREMENTS TO JOIN PERS TRUST
In order to join the PERS Trust the City Council must authorize the adoption of an Agreement with PERS
for this purpose. The standard PERS Agreement is attached to Exhibit 1 of this staff report. The City is
required to make a three year commitment to the trust. After that date the City could elect to do a Trustee
to Trustee transfer to another service provider.
There are a few minor provisions in the CalPERS Agreement which City Staff have requested that
CalPERS consider modifying. None of these provisions is considered to be a factor that would preclude a
recommendation to participate in the PERS Program. However, as a new offering it appears that some of
the contract language perhaps did not fully acknowledge these circumstances.
Page 3 of4
Staff recommends that the City Council adopt the Resolution authorizing the adoption of the agreement
substantially in the form presented to the City Council. The approval language contained in the
Resolution (Attachment 3) allows for amendments deemed by the City Manager to be beneficial to the
City. The three areas under discussion include: 1) Waiver of the three year commitment in the event the
Legislature made changes impacting agencies using the PERS Trust. 2) Clarification ofthe current GASB
standard which allows the use of actuarial reports for a three year period instead of a two year period. 3)
Clarification of withdrawal procedures to reimburse the City for retiree medical expenses, for agencies
that begin the program with funds in excess of their first three years of required contributions.
Staff recommend that the City Council Adopt the Resolution; 2) authorize the transfer funds currently
held in the City Internal Service Fund for Retiree Medical purposes to the CalPERS Trust; and 3) Direct
Staff to take necessary measures to incorporate the results of the Actuarial Study into the 2007/2008
Preliminary Budget.
Page 4 of 4
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SUMMARY OF KEY DATA DETERMINED BY BARTEL & ASSOCIATES
JUNE 30, 2007 ACTUARIAL VALUATION
FOR THE CITY OF DUBLIN RETIREE HEAL THCARE PLAN
A description of benefits offered under the Plan is described in Attachment 2.
A) FOUR YEARS HISTORICAL ISF CONTRIBUTIONS & INSURANCE EXPENSES
Actual 200312004
Actual 2004/2005
Actual 2005/2006
Pro' ected 2006/2007
$ Contributed ISF
$ 449,145 '
$ 505,792
$ 613,591
$ 625,333
Retiree Insurance Pmts
($ 62,121
($ 71,533)
($ 87,572)
($ 139,060)
Additional Funds
Set Aside For Liability
$ 387,024
$ 434,259
$ 526,019
$ 486,273
B) PROJECTED BALANCE AVAILABLE IN INTERNAL SERVICE FUND aSF)
June 30, 2006 ISF Balance
City 2006/07 Contributions To ISF
Estimated Interest Revenue
Estimated Pay As Go Retiree Expense
Projected Balance Available For Trust
$ 4,983,128
$ 625,333
$ 224,241
($ 139,060)
$ 5,693,642
.~1i:ve -A..'V'
Service
6.6 years
D) INVESTMENT EARNINGS & PAYROLL ASSUMPTIONS
Discount Rate (i.e. assumed earnings on funds)
4.50% No Pre-funding Scenario. Assumes assets are invested in the same manner as the
City General Fund.
7.75% Pre-funding Scenario. Assumes assets are invested in the CalPERS Trust.
Aggregate Payroll Increase Assumptions (Based On CalPERS Methodology) = 3.25%
General Inflation = 3.00%
Health Care Costs - Begins with 2007 rates. In 2008 10.4% increase for HMO premiums and 11.3% increase
for PPO premiums. The actuary then applies a downward trend to 4.5% in 2017. A
similar method is used for Medicare coverage rates.
Page 1 of2
5-/5-07 S.B.
(Attachment 1)
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SUMMARY OF KEY DATA DETERMINED BY BARTEL & ASSOCIATES
JUNE 30, 2007 ACTUARIAL VALUATION
FOR THE CITY OF DUBLIN RETIREE HEALTHCARE PLAN
E) RESULTS
1) WHAT IS THE TOTAL VALUE OF ALL FUTURE EXPECTED BENEFIT PAYMENTS? (Based on
6/30/2007 census and actuarial assumptions.)
TOTAL ACTUARIAL OBLIGATION
VALUE OF FUTURE BENEFIT PAYMENTS
Actives 14,332,000
Retirees 4,155,000
TOTAL 18,487,000
7,019,000
2,814,000
9,833,000
2) WHAT IS THE ACTUARIAL ACCRUED LIABILITY CALCULATED BY THE ACTUARY?
(Value of Benefits earned to date.)
ACCRUED LIABILITY & APPLICATION OF TRUST
,f'JlY{iP
4~50~\
Actuarial Accrued Liability
Actives
Retirees
5,517,000
4,155,000
3,345,000
2,814,000
TOTAL
9,672,000
6,159,000
TRUST ASSETS
N/A
5,694,000
Unfunded Actuarial Liability
After Deducting Assets
9,672,000
465,000
3) Annual Required Contribution
ANNUAL REQUIRED CONTRIBUTION (ARC)
Normal (Amt earned $889,000 12.8% $482,000 6.9%
current year)
Amorization Unfunded
Actuarial Liability (30 $399,000 5.7% $29,000 0.4%
TOTAL ARC $1,288,000 18.5% $511,000 7.3%
Page 2 of2
(Attachment 1)
DESCRIPTION OF CITY OF DUBLIN RETIREE MEDICAL BENEFITS
81J )6
Plan Descrivtion. The City's defined benefit postemployment healthcare plans, provide medical
benefits to eligible retired city employees and their beneficiaries. The coverage offered is the
same plans as are offered to current employees. The plans are administered under PUBLIC
EMPLOYEES MEDICAL AND HOSPITAL CARE ACT. (PEMCHA)
Changes to the employer contribution rate towards the retiree benefits are recorded in a
resolution adopted by the City Council. To the extent that contributions are a legal obligation
which is vested with the public employee, any change in the formula has been implemented
prospectively by action of the City Council, as will be discussed below for employees hired after
April 1, 2004.
The City of Dublin will contribute towards medical premiums for each employee who retires
under the CalPERS system within 120 days of terminating employment with the City of Dublin.
The coverage includes contributions towards the cost of medical coverage for the retiree
enrollment, including the enrollment of family members, subject to all of the following
limitations:
a) Maximum contribution towards the premium is established by a Resolution
adopted by the City Council. The maximum rate paid by the City on behalf of
a retiree for calendar year 2007 is $1,021.61 per month plus administrative fees
and contingency reserve fund assessments imposed by CaIPERS. The retiree
must pay any amounts in excess of this limit.
b) Regardless of the dollar cap established in (a) above, the City shall not pay
more than 100 percent of the premium applicable for the retiree based on
dependent eligibility and the plan selected.
c) The CalPERS Board of Administration adopts minimum employer contribution
levels which may change annually. The amount identified in subsection (a)
above must meet or exceed the minimum amounts as determined by CaIPERS.
d) A special provision exists for City of Dublin employees hired on or after April
1, 2004. The employer contribution payable for post retirement health benefits
for each retired employee in this category shall be limited, based on the
employee's completed years of credited service (Government Code Section
22893) as described below; plus administrative fees and Contingency Reserve
Fund assessments.
Provisions Under Government Code Section 22893
The employer contribution, defined in subsection (a) above for postretirement
health benefits, is modified in accordance with a schedule based upon
credited years of service. A minimum of 5 years of the total credited service
must be with the City of Dublin in order to be eligible for any post retirement
medical insurance benefit. If eligible, the benefit shall be calculated as
follows:
Monthly Benefit amount as shown in subsection (a) above multiplied by the
percentage associated with the total credited years of service in the following
schedule:
Page 1 of2
(Attachment 2)
DESCRIPTION OF CITY OF DUBLIN RETIREE MEDICAL BENEFITS
tf1J16
Total Credited
Years Of Service
10
11
12
13
14
15
16
17
18
19
20 or more
Percentage Applied To
Employer Retiree Medical
Contribution
50%
55%
60%
65%
70%
75%
80%
85%
90%
95%
100%
Funding Policy The maximum paid by the City was: Calendar Year 2004 = $794.09 per
month; Calendar Year 2005 = $873.50; Calendar Year 2006 = $967.29 per month; and
Calendar Year 2007 = $1,021.61. The employee / retiree is responsible for the payment
of any costs in excess of the City contribution. The amount paid can vary depending on
the coverage selected.
Page 2 of2
(Attachment 2)
RESOLUTION NO. xx - 07
?1JI?
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT (CaIPERS) SYSTEM
TO PREFUND OTHER POST EMPLOYMENT BENEFITS
(RETIREE MEDICAL) THROUGH CALPERS
WHEREAS, the City of Dublin has obtained an Actuarial Valuation of Retiree Medical Benefit
Obligations as of June 30, 2007; and
WHEREAS, the Actuarial Study was completed in accordance with parameters required by
CalPERS prior to participation in the trust; and
WHEREAS, Governmental Accounting Standards require the City to account for and disclose the
liability for retiree medical benefits that were previously only disclosed on a "pay-as-you-go basis"; and
WHEREAS, on May 15, 2007 the City Council reviewed a report outlining the Actuarial Study
results; and
WHEREAS, the City Council has been supportive of prudent fiscal management that includes
identification of potential liabilities and careful planning to finance liabilities over time; and
WHEREAS, the CalPERS Trust offer the City the opportunity to have funds designated for retiree
benefits to be professionally managed and invested in a manner consistent with the long term nature of
retiree benefits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement (attached hereto as Exhibit A) with California Public Employees Retirement
System.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement
substantially in the form Attached to Exhibit A and subject to any amendments deemed by the City
Manager as beneficial to the City of Dublin.
PASSED, APPROVED AND ADOPTED this 15th day of May, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 3
(Pt l~
AGREEMENT AND ELECTION
OF
C ~+'\ O~ \lu 'b\~ '"
-;I (NAME OF EMPLOYER)
TO PREFUND OTHER POST EMPLOYMENT
BENEFITS THROUGH CALPERS
WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the
Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for
annuitants (Prefunding Plan); and
WHEREAS (2) The California Public Employees' Retirement System (CaIPERS) Board
of Administration (Board) has sole and exclusive control and power over the
administration and investment of the Prefunding Plan, the purposes of which include, but
are not limited to (i) receiving contributions from participating employers and establishing
separate Employer Prefunding Accounts in the Prefunding Plan for the performance of
an essential governmental function (ii) investing contributed amounts and income
thereon, if any, in order to receive yield on the funds and (iii) disbursing contributed
amounts and income thereon, if any, to pay for costs of administration of the Prefunding
Plan and to pay for health care costs or other post employment benefits in accordance
with the terms of participating employers' plans; and
WHEREAS (3) c.~~,
o~ \:>u\o\\/'\
(NAME OF EMPLOYER)
(Employer) is a contracting agency under the Public Employees' Medical and Hospital
Care Act (PEMHCA) administered by the Board, and desires to participate in the
Prefunding Plan upon the terms and conditions set by the Board and as set forth herein;
and
WHEREAS (4) Employer may participate in the Prefunding Plan upon (i) approval by the
Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund
Other Post Employment Benefits (Agreement) as provided in the terms and conditions of
the Agreement; and
WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an
essential governmental function within the meaning of Section 115 of the Internal
Revenue Code as an agent multiple-employer plan as defined in Governmental
Accounting Standards Board (GASB) Statement No. 43 consisting of an aggregation of
single-employer plans, with pooled administrative and investment functions;
Rev, 21712007
1
EXHIBIT A - RESOLUTION
lflb':;
NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES,THE
FOllOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND
EMPLOYER AGREE TO THE FOllOWING TERMS AND CONDITIONS:
A. Representation and Warranty
Employer represents and warrants that it is a political subdivision of the State of
California or an entity whose income is excluded from gross income under Section 115
(1) of the Internal Revenue Code.
B. Adoption and Approval of the Agreement; Effective Date: Amendment
(1) Employer's governing body shall elect to participate in the Prefunding Plan by
adopting this Agreement and filing with the CalPERS Board a true and correct original
or certified copy of this Agreement as follows:
Filing by mail, send to:
CalPERS Employer Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
Filing in person, deliver to:
CalPERS Mailroom
Attn: Employer Services Division
400 Q Street
Sacramento, CA 95814
(2) Upon receipt of the executed Agreement, and after approval by the Board, the
Board shall fix an effective date and shall promptly notify Employer of the effective date
of the Agreement.
(3) The terms of the Agreement may be amended only in writing upon the agreement
of both CalPERS and Employer, except as otherwise provided herein. Any such
amendment or modification to the Agreement shall be adopted and executed in the
same manner as required for the Agreement. Upon receipt of the executed amendment
or modification, the Board shall fix the effective date of the amendment or modification.
(4) The Board shall institute such procedures and processes as it deems necessary to
administer the Prefunding Plan, to carry out the purposes of the Agreement, and to
maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such
procedures and processes.
Rev, 2/7/2007
2
EXHIBIT A - RESOLUTION
g Db r6
C. Actuarial Valuation and Employer Contributions
(1) Employer shall provide to the Board an actuarial valuation report on the basis of the
actuarial assumptions and methods prescribed by the Board. Such report shall be for
the Board's use in financial reporting and shall be:
(a) prepared and signed by a fellow or associate of the Society of Actuaries
who is also a member of the American Academy of Actuaries or a person
with equivalent qualifications acceptable to the Board;
(b) prepared in accordance with generally accepted actuarial practice and
GASB Statement Nos. 43 and 45; and,
(c) provided to the Board prior to the Board's acceptance of contributions for
the valuation period or as otherwise required by the Board.
(2) The Board may reject any actuarial valuation report submitted to it, but shall not
unreasonably do so. In the event that the Board determines, in its sole discretion, that
the actuarial valuation report is not suitable for use in the Board's financial statements or
if Employer fails to provide a required actuarial valuation, the Board may obtain, at
Employer's expense, an actuarial valuation that meets the Board's financial reporting
needs. The Board may recover from Employer the cost of obtaining such actuarial
valuation by billing and collecting from Employer or by deducting the amount from
Employer's account in the Prefunding Plan.
(3) Employer shall notify the Board of the amount and time of contributions which
contributions shall be made in the manner established by the Board.
(4) Employer contributions to the Prefunding Plan may be limited to the amount
necessary to fully fund Employer's actuarial present value of total projected benefits, as
that term is defined in GASB Statement No. 45, as supported by the actuarial valuation
acceptable to the Board. If Employer's contribution causes its assets in the Prefunding
Plan to exceed the amount required to fully fund projected benefits, the Board may
refuse to accept the contribution.
(5) The minimum Employer contribution shall be the lesser of $5000 or be equal to
Employer's Annual Required Contribution as that term is defined in GASB Statement
No. 45. Contributions can be made at any time following the seventh day after the
effective date of the Agreement provided that Employer has first complied with the
requirements of Paragraph C.
Rev. 217/2007
3
EXHIBIT A - RESOLUTION
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D. Administration of Accounts, Investments, Allocation of Income
(1) The Board has established the Prefunding Plan as an agent plan consisting of an
aggregation of single-employer plans, with pooled administrative and investment
functions, under the terms of which separate accounts will be maintained for each
employer so that Employer's assets will provide benefits only under Employer's plan.
(2) All Employer contributions and assets attributable to Employer contributions shall be
separately accounted for in the Prefunding Plan (Employer's Prefunding Account).
(3) Employer's Prefunding Account assets may be aggregated with prefunding account
assets of other employers and may be co-invested by the Board in any asset classes
appropriate for a Section 115 Trust.
(4) The Board may deduct the costs of administration of the Prefunding Plan from the
investment income or Employer's Prefunding Account in a manner determined by the
Board.
(5) Investment income shall be allocated among employers and posted to Employer's
Prefunding Account as determined by the Board but no less frequently than annually.
(6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund
projected benefits, the Board may return such excess to Employer.
E. Reports and Statements
(1) Employer shall submit with each contribution a contribution report in the form and
containing the information prescribed by the Board.
(2) The Board shall prepare and provide a statement of Employer's Prefunding Account
at least annually reflecting the balance in Employer's Prefunding Account, contributions
made during the period and income allocated during the period, and such other
information as the Board determines.
F. Disbursements
(1) During any of the first three years following the effective date of this Agreement, no
disbursement shall be made in a fiscal year from the Prefunding Plan to Employer
unless Employer first contributes the full amount of its actuarially determined Annual
Required Contribution during that fiscal year. If during any of the first three years
following the effective date of the Agreement, Employer has contributed the full amount
of its actuarially determined Annual Required Contribution during a fiscal year,
Employer may receive disbursements not to exceed the annual premium cost for
post employment healthcare benefits and other post employment benefits paid during the
same fiscal year.
Rev, 2/7/2007
4
EXHIBIT A - RESOLUTION
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(2) Employer shall notify CalPERS in writing in the manner specified by CalPERS of the
persons authorized to request disbursements from the Prefunding Plan on behalf of
Employer. .
(3) Employer's request for disbursement shall be in writing signed by Employer's
authorized representatives, in accordance with procedures established by the Board.
The Board may require that Employer certify or otherwise establish that the monies will
be used for the purposes of the Prefunding Plan.
(4) Requests for disbursements received on or after the first of a month will be
processed by the 15th of the following month. (For example, a disbursement request
received on or between March 1 st and March 31 st will be processed by April 15th; and
a disbursement request received on or between April 1 st and April 30th will be
processed by May 15th.)
(5) CalPERS shall not be liable for amounts disbursed in error if it has acted upon the
instruction of an individual authorized by Employer to request disbursements. In the
event of any other erroneous disbursement, the extent of CaIPERS' liability shall be the
actual dollar amount of the disbursement, plus interest at the actual earnings rate but
not less than zero.
(6) No disbursement shall be made from the Prefunding Plan which exceeds the
balance in Employer's Prefunding Account. '
G. Costs of Administration
Employer shall pay its share of the costs of administration of the Prefunding Plan, as
determined by the Board.
H. Termination of Emplover Participation in Prefunding Plan
(1) The Board may terminate Employer's participation in the Prefunding Plan if:
(a) Employer gives written notice to the Board of its election to terminate;
(b) Employer ceases to be a PEMHCA participant;
(c) The Board finds that Employer fails to satisfy the terms and conditions of
the Agreement or of the Board's rules or regulations.
(2) If Employer's participation in the Prefunding Plan terminates for any of the foregoing
reasons, all assets in Employer's Prefunding Account shall remain in the Prefunding
Plan, except as otherwise provided below, and shall continue to be invested and accrue
income as provided in Paragraph D.
Rev, 2/712007
5
EXHIBIT A - RESOLUTION
lit I~
(3) After Employer's participation in the Prefunding Plan terminates, Employer may not
make contributions to the Prefunding Plan.
(4) After Employer's participation in the Prefunding Plan terminates, disbursements
from Employer's Prefunding Account may continue upon Employer's instruction or
otherwise in accordance with the terms of the Agreement.
(5) After thirty-six (36) months have elapsed from the effective date of the Agreement:
(a) Employer may request a trustee to trustee transfer ofthe assets in
Employer's Prefunding Account. Upon satisfactory showing to the Board
that the transfer will satisfy applicable requirements of the Internal
Revenue Code and the Board's fiduciary duties, then the Board shall
effect the transfer within one hundred twenty (120) days. The amount to
be transferred shall be the amount in the Employer's Prefunding Account
as of the disbursement date and shall include investment earnings up to
the investment earnings allocation date immediately preceding the
disbursement date. In no event shall the investment earnings allocation
date precede the transfer by more than 120 days.
(b) Employer may request a disbursement of the assets in Employer's
Prefunding Account. Upon satisfactory showing to the Board that all of
Employer's obligations for payment of post employment health care
benefits and other post employment benefits and reasonable
administrative costs of the Board have been satisfied, then the Board shall
effect the disbursement within one hundred twenty (120) days. The
amount to be disbursed shall be the amount in the Employer's Prefunding
Account as of the disbursement date and shall include investment
earnings up to the investment earnings allocation date immediately
preceding the disbursement date. In no event shall the investment
earnings allocation date precede the disbursement by more than 120
days.
(6) After Employer's participation in the Prefunding Plan terminates and at such time
that no assets remain in Employer's Prefunding Account, this Agreement shall
terminate.
(7) If, for any reason, the Board terminates the Prefunding Plan, the assets in
Employer's Prefunding Account shall be paid to Employer after retention of (i) amounts
sufficient to pay post employment health care benefits and other post employment
benefits to annuitants for current and future annuitants, and (ii) amounts sufficient to pay
reasonable administrative costs of the Board.
Rev. 2/712007
6
EXHIBIT A - RESOLUTION
1211 16"
(8) If Employer ceases to exist but Employer's Prefunding Plan continues to exist and if
no provision has been made by Employer for ongoing payments to pay post employment
health care benefits and other post employment benefits to annuitants for current and
future annuitants, the Board is authorized to and shall appoint a third party administrator
to carry out Employer's Prefunding Plan. Any and all costs associated with such
appointment shall' be paid from the assets attributable to contributions by Employer.
(9) If Employer should breach the representation and warranty set forth in Paragraph
A., the Board shall take whatever action it deems necessary to preserve the tax-exempt
status of the Prefunding Plan.
I. General Provisions
(1) Books and Records.
Employer shall keep accurate books and records connected with the performance of
this Agreement. Employer shall ensure that books and records of subcontractors,
suppliers, and other providers shall also be accurately maintained. Such books and
records shall be kept in a secure location at the Employer's office(s) and shall be
available for inspection and copying by CalPERS and its representatives at any time.
(2) Audit.
(a) During and for three years after the term of this Agreement, Employer
shall permit the Bureau of State Audits, CaIPERS, and its authorized
representatives, and such consultants and specialists as needed, at all
reasonable times during normal business hours to inspect and copy, at the
expense of CaIPERS, books and records of Employer relating to its
performance of this Agreement.
(b) Employer shall be subject to examination and audit by the Bureau of State
Audits, CaIPERS, and its authorized representatives, and such
consultants and specialists as needed, during the term of the Agreement
and for three years after final payment under the Agreement. Any
examination or audit shall be confined to those matters connected with the
performance of the Agreement, including, but not limited to, the costs of
administering the Agreement. Employer shall cooperate fully with the
Bureau of State Audits, CaIPERS, and its authorized representatives, and
such consultants and specialists as needed, in connection with any
examination or audit. All adjustments, payments, and/or reimbursements
determined to be necessary by any examination or audit shall be made
promptly by the appropriate party.
Rev, 2/7/2007 7
EXHIBIT A - RESOLUTION
134[; I~
(3) Notice.
(a) Any notice, approval, or other communication required or permitted under
this Agreement will be given in the English language and will be deemed
received as follows:
1. . Personal delivery. When personally delivered to the recipient.
Notice is effective on delivery.
2. First Class Mail. When mailed first class to the last address of the
recipient known to the party giving notice. Notice is effective three
delivery days after deposit in a United States Postal Service office
or mailbox.
3. Certified mail. When mailed certified mail, return receipt requested.
Notice is effective on receipt, if delivery is confirmed by a return
receipt.
4. Overnight Delivery. When delivered by an overnight delivery
service, charges prepaid or charged to the sender's account, Notice
is effective on delivery, if delivery is confirmed by the delivery
service.
5. Telex or Facsimile Transmission. When sent by telex or fax to the
last telex or fax number of the recipient known to the party giving
notice. Notice is effective on receipt, provided that (i) a duplicate
copy of the notice is promptly given by first-class or certified mail or
by overnight delivery, or (ii) the receiving party delivers a written
confirmation of receipt. Any notice given by telex or fax shall be
deemed received on the next business day if it is received after
5:00 p.m. (recipient's time) or on a nonbusiness day.
6. E-mail transmission. When sent bye-mail using software that
provides unmodifiable proof (i) that the message was sent, (ii) that
the message was delivered to the recipient's information processing
system, and (iii) of the time and date the message was delivered to
the recipient along with a verifiable electronic record of the exact
content of the message sent.
Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of the
Agreement.
Rev,2!7/2DQ7
8
EXHIBIT A - RESOLUTION
1tft (5
(b) Any correctly addressed notice that is refused, unclaimed, or
undeliverable because of an act or omission of the party to be notified
shall be deemed effective as of the first date that said notice was refused,
unclaimed, or deemed undeliverable by the postal authorities, messenger
or overnight delivery service.
(c) Any party may change its address, telex, fax number, or e-mail address by
giving the other party notice of the change in any manner permitted by this
Agreement.
(d) All notices, requests, demands, amendments, modifications or other
communications under this Agreement shall be in writing. Notice shall be
sufficient for all such purposes if personally delivered, sent by first class,
registered or certified mail, return receipt requested, delivery by courier
with receipt of delivery, facsimile transmission with written confirmation of
receipt by recipient, or e-mail delivery with verifiable and unmodifiable
proof of content and time and date of sending by sender and delivery to
recipient. Notice is effective on confirmed receipt by recipient or 3
business days after sending, whichever is sooner.
(4) Modification
This Agreement may be supplemented, amended, or modified only by the mutual
agreement of the parties. No supplement, amendment, or modification of the
Agreement shall be binding unless it is in writing and signed by the party to be charged.
(5) Survival
All representations, warranties, and covenants contained in the Agreement, or in any
instrument, certificate, exhibit, or other writing intended by the parties to be a part of
their Agreement shall survive the termination of the Agreement until such time as all
amounts in Employer's Prefunding Account have been disbursed.
(6) Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of the Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right, or remedy. No waiver of any
breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure,
right, or remedy, whether or not similar, nor shall any waiver constitute a continuing
waiver unless the writing so specifies.
Rev, 2/7/2007
9
EXHIBIT A - RESOLUTION
(7) Necessary Acts, Further Assurances
The parties shall at their own cost and expense execute and deliver such further
documents and instruments and shall take such other actions as may be reasonably
required or appropriate to evidence or carry out the intent and purposes of the
Agreement.
A majority vote of Employer's Governing Body at a public meeting held on the
day of the month of 2007, authorized entering into the
Agreement.
Signature of the Presiding Officer:
Printed Name of the Presiding Officer:
Name of Governing Body:
Name of Employer:
Date:
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
ACTUARIAL AND EMPLOYER SERVICES BRANCH
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
To be completed by CalPERS
The effective date of the Agreement is:
Rev, 2/7/2007
10
EXHIBIT A - RESOLUTION
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