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Home My WebLink AboutOrdinance 622 Amending PERS Contract_2019•'� i AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE ITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE 'IND AND ORDAIN AS FOLLOWS. of -ity of 11florro Bay and the i•.. • of Administration,CaliforniaPublic ::mployees' Retirement System is hereby authorized, a copy of said amendment being attached iereto, marked Exhibit, and by such reference made a part hereof as though herein set out in ulls SECTION 2. EXECUTION. The Mayor of the City Council is empowered, and directed tU execute said amendment for and On behalf Of s effective date of the amendment being June 15, 2019. hereby authorized, aid Agency, with the SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and take effect 30 days after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the New Times SLO, a newspaper of circulation, published and circulated in San Luis Obispo County and thenceforth and th the same shall be in full force and effect. SECTION 4. ordinance, and shall general ereafter CERTIFICATION. The City Clerk shall certify to the adoption of this cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council held on the 23rd day of April 2019, by motion of Council Member Addis and seconded by Council Member Davis. Ordinance No. 622 Page 1 of 3 PASSED AND ADOPTED on the 14th day Of May 2019, by the following vote: NOES: ABSENT ATTEST: Headding, Addis, Davis, McPherson None Heller ANA SWANSON, City Clerk APPROVED AS TO FORM: CHR EUMEYE its rney JO Ordinance No. 622 Page 2 of 3 iviayor AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE ITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF TV= ff .00AL POLICE MEMBERS IN THE MORRO BAY PEACE OFFICERS ASSOCIATION ity of • • .. ! ;; m , ANDORDAIN FOLLOWS. e Council of - City of • • Bay and the i•- • of Administration,CaliforniaPublic • • - - Retirement Systemhereby • - • a copy of said amendmentbeing - • iereto,marked Exhibit,and by such reference ad- part hereof as though herein set out in ullm SECTION 2. EXECUTION. The Mayor of the City Council is empowered, and directed to execute said amendment for Cl" on behalf of s effective date of the amendment being June 15, 2019. hereby authorized, aid Agency, with the SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and take effect 30 days after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the New Times SLO, a newspaper of general circulation, published and circulated in San Luis Obispo County and thenceforth and thereafter the same shall be in full force and effect. CERTIFICATION. The City Clerk shall certify to the adoption of this cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council held on the 23rd day of April 2019, by motion of Council Member Addis and seconded by Council Member Davis. Ordinance No. 622 Page 1 of 3 AYES: NOES: ABSENT: ATTEST: PASSED AND ADOPTED on the 14th day of May 2019, by the following vote: McPherson Headdin None Heller g, Addis, Davis, ANA SWANSON, City Clerk APPROVED AS TO FORM: CHFt81 ."11EUMEYER it rney Ordinance No. 622 Page 2 of 3 1 i M cal�fornia Public employees' retirement System Between the Board of Administration California Public Employees' Retirement System Ira �'he Board of Adnninistration, hereinafter referred to as Board hereinafter referred to as Public City Coucn�l California Public Employees' Petirer�nent system, and the governing body of the above public agency, Agency, having entered into a contract effective July 1, 1955, and witnessed June 1, 1965, and as amended effective August 15, 1981, ovember 19, 1983, January 7, 1989, June , 241989, June 22, 1991, June 10t 199�, June 9, 1998, October 17, 1998, April 13, 2000, June 22, 2002, September 13, 2002) June 21, 2003, September 27, 2003, July 1, 2005, June 2, 2007, May 31, 2008, March 19$ 2011, September 17, 2011 and December 10, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective December 10, 2011, and hereby replaced by the following paragraphs numbered 1 through 19 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement �.aw shall have the meaning as defined therein unless othen�vise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior December 10, 2011, age 00 for classic local miscellaneous meMDers entering membership in the miscellaneous classification after December 10, 2011, age 82 for new local miscellaneous members, age 50 for classic local fire members entering membership in the fire classification on or prior to March 19, 2011, and for those classic local police members entering membership in the police classification on or prior to September 17, 2011; age 55 for classic local fire members entering U PA "E 11BIT ONLY F,) E D# N�T SIG X iembership for the first time in the fire classification after March 19, 2011 nd for those classic local police members entering membership for the f irst me in police classificationafter September 0and a•'57 for new Fcal safety members, i / 1 / . � r / r' � � / / / a r► � a a a w 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 of i •` agency. i Ret' *ts trustees, agents Public Employees irement System (CalPERS) and 1 ,ubl'ic Employees' Retirement Fund from any claims, demands, actions, aments, expenses and costs, including but ot limited to interest, penalties and attorney fees that may arise as a result • 40 a retirement ii benef its, provisions o/ o formulas provided under ` Ell 1111i III,, fib} 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 vtrith a third party ether than (aIPERQ 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. Local Fire Fighters (herein referred to as local safety members); b. Local Police officers therein referred to as local safety members}; c. Employees other than local safety members (herein referred to as local miscellaneous members}. v £ 4 A D G N $ in acianion to tne classes ot employees excluded trom membership by said Retirement Law, the following classes of employees shall not become members of r id Retirement System: Morro Bay Fire District, hereinafter referred to as "Former Agency pursuant to Section 20508 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20508, Statutes of 1949, effective January 1, 19885 credited prior and current service as a classic local miscellaneous member in employment before and not on or - September #13 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). in employment on or after September 27, 2003 and not entering membership • the first time in the miscellaneous r classification after December shall be determined accordance with Section _ J of said Retirement � ra r .• r (2.7% at r • 55 Full),, • M • • membership for the first • in the miscellaneous classification after Decemberbe determined in accordance with Section of said Retirement Law (2% at age 60 Full). shall be determined in accordance with Section 7522.20 of said Retirement r (2% at age i 2 Full). 11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local fire member entering membership in the fire classification on or prior to March 19, 2011 and for those classic local police members entering membership in the police classification on or prior to September 17, 2011 shall be determined in accordance with Section 21362.2 of said Retirement Laver (3% at age 50 Full). 3 i k. x...... fn F r 4 >w,. .n„H: y ,,. s� v.,,, xM k N,�. a s 3 a t f The ercenta a of final com ensati n tAj e ypI %JV a far each year of credited current service as a classic local fire member entering membership far the first time in the fire classification after Larch 191 2011 and for those classic local police members entering membership for the first time in the police class if after September 17, 2011 shall be determined i in accordance with Section 21363.1 of said Retirement Law (3% at age 55 credited prior and current service as a new local safety member shall be determined in accordance with Section 7522,25(d) of said Retirement Law (2.7% at age 57 Full). provisions, members entering membership on or prior to March 19, 2011; those classic local police membersi_ membership on or prior September 17, 0 and • those classic local members entering membership on or prior to December 10, 2011 c. Section 21 �24 �illlilitary Service credit as Public Service} far local miscellaneous members and local police members only. d. Section 21574 (Fourth Level of 1959 Survivor Benefits). e. Section 20423 �"Local Safety IUlember" shall include I�arbor ar Part Police {officers as described in government code Section 2423. f. Seciian 21027 {Military Service Credit for Retired Persons) for local police members only. g. Section 2nA7r% inifferent Level of Benefits}. Section 213A3.1 V3®f' 0 55 Full formula} and Section 20�37 {Three -Year Final Compensation) are applicable to classic local fire members entering membership for the first time with this agency in the fire classification after Karon 19, 2011. Section 21303.1 (3% @ 55 Pull formula) and Section 20037 {Three - Year Final corripensation} are applicable to classic local police members entering membership for the first time with this agency in the police classification after September 17, 2011. Section 21333 (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 DecernberlO, 2011. zk 2 3i i�r� 2 51 ( � r� g ; c tr r6s •Morro Bay Peace contribute from his or her compensation, over and above the ember t s normal contribution ("Cost Sharing Percentage"), shall not xceed the Employer Normal Cost Rate, as that rate is defined in the rlPERS Actuarial Valuation for the relevant fiscal year. lftheCost haring Percentage will exceed the relevant fing rte, the Cost r Percentage shall automatically n amount equal to, and not to exceed, the Employer Normal Cost 'ate for the relevant fiscal year. ceased"employer" for purposes of Section 20834 effect' August 15,1981 Accumulated contributions of Public Agency shall be fixei.-J, an d determined as provided Government Code Section i 1 anii., accumulated contributions thereafter shallbe # by the Board as providem. in i Government . „� ii- Section!i determined by actuarial valuations i. prior and tuture service lia Ity With respectto local ius members and! Mety members of said Retirement i- + s is i i• . r i � � a � r � � � Law. (S u i ect to annua c ange. n addition, all assets and liabilities of Public Agency and its employees shall be pooled in r, sinde • • based term . insurance rates, survivors for• • r miscellaneous r *d System as it affects the employees of Publ' Agency, not including the costs of special valuations or of the periodic investiqation and valuations required by A reasonable amount, as fixed b the Board, payable in one valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. to adjustmentby Board on # of amendments to the Publi Employees' Retirement Law, and on account of the experience under th Retirement System as determined by the periodic investiqation an valuation required by said Retirement Law. Public Agency to the Retirement System within fifteen days after the end the eriod to which said contributions refer or as rr�ay prescr be ibed b py hoard regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustrnent 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 rnloyee and the Board, This arnedrnent shall be effective on the day BOARD of ADM ,ETRATION F'UPLIC EMPLOYS TRETIREMENT SYSTEM fy >r �Y ARNITA PAIGE, CHIEF PENSION CONTRACTS A D PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEES' RETIFtEMENT SYSTEM At�AENDNIENT CaIPERS IL} #7ti48�9514� PERs-�oN-?�2A CITY1.3 I lL i - Attest: a >A STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF MORRO BAY ) I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY that the foregoing Ordinance Number 622 was duly adopted by the City Council of the City of Morro Bay at a regular meeting of said Council on the 14th day of May, 2019, and that it as so adopted by the followi wng vote: AYES: Headding, Addis, Davis, McPherson NOES: None ABSENT: Heller Ci Clerk, Dana Swanson Ordinance No. 622 Page 3 of 3