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HomeMy WebLinkAboutStaff Report 4.B 09/24/2012 Ag-en a'Iteww#4.3 4 FOE( =N I85e DATE: September 24, 2012 TO: Honorable-Mayor'and Members of the City Council through the City Manager FROM: Pamala Stephens, Human Resources Manager 7 ' SUBJECT: Resolution of Intention to Approve an Amendment to the.Contract Between the Board of Administration California Public Employees' Retirement System and the City Council:City of Petaluma and the Introduction (First Reading) of the Ordinance Authorizing an Amendment to the,Contract to Provide the 3%@55 Full Formula and Three-year Final Compensation to City of Petaluma Local Safety Members,Entering Membership for the First-time in the Safety Classification after,the Effective the Date of the Amendment to the Contract. RECOMMENDATION It is recommended that the City Council: 1. Adopt the 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 Petaluma.for a second tier,of retirement benefits that provide the 3% at 55 full formula and the three=year,final average compensation to City of Petaluma local safety • members entering membership for the first time in the,safety classification after the effective date of the amendment to the contract. 2. Introduce the Ordinance Authorizing an Amendment to the Contract Between the City of Petaluma and Board of Administration of the California Public Employees' Retirement System to Provide the 3%@55 Full formula and Three-year Final Compensation to City of Petaluma Local Safety Members Entering Membership for the First Time in the Safety Classification after the effective date of the Amendment to Contract. BACKGROUND On-July.2, 2012 the City Council approved an MOU between the Peace Officers' Association of Petaluma for employees of Unit 6 (Police) and the City. On July 16, 2012 the City Council approved an MOU between°the International Association of Firefighters Local 1415 for employees_of Unit'7 (Fire) and the City. Also on July 16, 2012 the City Council approved an MOU between the,Public Safety Mid-Management Association,for employees of Unit 10 (Public Safety Mid-Managers). On August 6, 2012 the City,Council approved a Compensation Plan for employees of Unit 8E(Department Directors) which include the Fire and Police Chiefs. The MOUs for Unit.6, 7 and 10 and the Compensation Plan for Unit 8 include a provision of the Agenda,Rev iew1 City AttomeyL Finance Director City Manager Agreement to provide for a 3%.at 55 formula and the three-year final average compensation effective upon agreement with,the City's Safety bargaining units. The City now has agreements with all City Safety bargaining units and may proceed to amend its contract with Ca1PERS for a lower retirementbenefit. DISCUSSION The City of Petaluma intended, following agreement with safety bargaining units, to amend its contract with Ca1PER$ for a second tier of retirement benefits for safety members effective November 15, 2012. The effective date of November 15,2012, is the earliest date a contract amendment could be made effective under the Ca1PERS contract amendment process. However, in the middle of that process, Governor Jerry Brown signed pension reform legislation known as the California,Public Employees' Pension Act of 2013. Provisions of the Pension Reform Act will go into effect on January 1,„2013. The City of Petaluma contracts with CaIPERS for retirement benefits and therefore elements of the Pension,Reform.Act will apply to the City of Petaluma. While.CaIPERS has issued a.prelinminary analysis of the legislation, many aspects of the legislation will require further clarification or amendments to address implementation issues. Given the need for further clarificationand other unknown affects of the legislation, City staff recommends the City proceed with'the contract amendment for'tlie second tier of retirement benefits for safety members. The process for the contract amendment required by CaIPERS includes adoption of the Resolution of Intention and.tworeadings of the[Ordinance. It'..is recommended that the City Council adopt the Resolution of Intention and proceed to introduce an ordinance making that amendment to the contract. Adoption of the ordinance would-then,occur at the council meeting on October 15,2012, meetingthe statutory requirement that the adoption,of the ordinance must takekplace at least 20 days after adoption,of the Resolution of Intention. The effective date of the Ordinance would then be30 days from October 15,2012, if it is adopted on that date. The effective date of the CaIPERS Contract Amendment would be the day following the effective date of the ordinance which would be November 15, 2012. If approved, this contract.amendment creates a second tier,of retirement benefits that provide the 3% at 55 full formula and,the'three-year final average compensation.to City of Petaluma local safety members entering membership for the first time in the safety'classification on or after November 15, 2012. FINANCIAL IMPACTS' Government Code Section 7507 requires that the future annual costs as determined by the Ca1PERS Actuary for the change in retirement benefits be made public at a public meeting at Ieast,two Weeks prior to the adoption of the Ordinance..Incompliance with Government Code Section 75,07,;attached.to this report (Attachments 3 8 4) are the Actuary Reports for Fire and Police Safety Plans. There will be no immediate savings to the City when the second-tier or contract amendment is implemented. Ultimately, it is=expected:that City costs will decrease as the mix of first tier employees decreases and second tier employees increase. When the mix of all first and second tier employees reaches a 50-50% ratio, it is estimated by CalPERSL that the employer contribution rate will decrease by 1.55% (average of 1.3% for.Fire and 1.8% for Police). In current dollars.a,decrease of 1.55%would reduce the City's annual employer contribution for safety members by $182,490. ATTACHMENTS I. Resolution of Intention to Approve an Amendment to Contract with Ca1PERS 2. Ordinancel,Authorizing,Ah Amendment to the Contract. 3. Ca1PERS Employer Contribution Rate Information- Fire members. 4. Ca1PERS Employer Contribution Rate Information - Police members. 3 • Attachment 1 • 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 PETALUMA 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;jn-the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intentionsto 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 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula)and Section 20037 (Three-Year Final Compensation)are applicable to local safety:members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 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: Presiding Officer Title Date':adopted land approved (Ah endmen[)- CON-302(Rev.4/96) Ate Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Petaluma 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 January 1, 1950, and witnessed October 18, 1949, and as amended reffective.August 1, 1959, November 1, 19.59; March 1, 1965, June 1, 1965, April 1, 1969, January 1, 1974, November 1, 1980, November .1., 1981, July 1, 1982, January 1, 1987, December 28, 1987, January 1, 1992, January 4, 1996,June 30, 1996, May 4, 1998, April 5, 1999, / June 30, 2001, January 16; 2003 and October 7, 2008 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective October 7, 2008, and hereby replaced by the following paragraphs numbered 1 through 14 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; age 50 for local safety members entering membership in the safety classification on or prior to the effective date of this amendment to contract and age 55, for local Safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 5 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1950 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 gency agrees to indemnify,-defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, thetCalPERS 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 orformulas 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) Public Agency's election to amend this Contract to provide retirement:benefits, provisions orformulas that are different than existing retirementbenefits,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. (d) Public Agency's election to file for bankruptcy under Chapter 9 :(commencing=with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to 'section 365, of Title 11, of the United States Bankruptcy Code or any similar`provision of law. (e) Public Agency's election to assign this Contract without:.the prior written consent of the CaIPERS"'Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the'California Constitution. 4. Employees of Public Agency in the following classes shall become mernbe'rsof said Retirement System except such in each such class as are excluded by off this agreement: a. Local Fire Fighters (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 as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55:Full). 7. The percentage of final compensation to be provided for each year of credited 'prior and current service, as a local safety member entering membership in the safety classification on or prior to the effective date of this amendment to shall be determined in accordance with Section'21362.2 of said Retirement Law (3% at age 50 Full). 8.. The 'percentage of final compensation to be provided for each year of credited.current service as a.local safety'Member entering membership for the first time in the safety classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). • 7 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective,January 1,1980. b. Section 20042 (One-Year. Final Compensation) for local miscellaneous-members and those local safety members entering membership on or prior to the effective date of this amendment to contract. c. Section 20965 (Credit for Unused Sick Leave). d. Section '21.326 (One-Time 1% to 7% Increase For Local Miscellaneous;Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1, 2002. e. Sections' 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local fire members only. f. Section 21024 (Military Service Credit as Public Service). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only • h. Section '21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only: i. Section 20434 ("Local Fire' Fighter" shall include any officer or employee of a fire department employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Government Code Section 20434). j. Section 20903 (Two Years Additional'Service Credit). k. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @. :55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to local safety members entering membership for the first .tune; in the safety classification after the effective date of this amendment to contract. • S 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes,of Section 20834 effective on November 1, 1980. 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. 11. 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 and local safety members of said Retirement System. 12. 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. 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 safety members. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of tcontract 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. d. 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-requited by law. 13. 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. q • 14. 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 PETALUMA BY BY KAREN DE FRANK, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT CaIPERS,ID#5476407298 PERS-CON-702A • Attachment 2 • EFFECTIVE:DATE ORDINANCE NO. _ N;C;S. OF ORDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 8 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PETALUMA 9 AND BOARD OF ADMINISTRATION OF THECALIFORNIAPUBLIC`EMPLOYEES' I 10 ' RETIREMENT SYSTEM,TO PROVIDE THE,3%@55_FULL FORMULA AND ' 11 THREE-YEAR FINAL COMPENSATION TO CITY OF PETALUMA LOCAL SAFETY MEMBERS 12 ENTERING MEMBERSHIP FOR,THE FIRST TIME IN THE SAFETY CLASSIFICATION 13 AFTER THEEFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT. 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 16 17 Section 1. An amendment to thetontract between the City of•Petaluma and the Board of 18 Administration, California'Public Employees' Retirement System is.hereby authorized, a copy of 19 said amendment being attached hereto, marked Exhibit A, and by such reference made a part •20 hereof as though herein set out in full. 21 22 Section 2. The Mayor of the City Council is hereby authorized and directed to execute said 23 amendment for and on behalf of the City of Petaluma. 24 l 25 Section 3. Severability. The ptovisions of this Ordinance are severable and if-any provision, ' 26 I clause, sentence,word or part thereof is held'illegal, invalid, unconstitutional, or inapplicable to 27 any person or circumstances;such illegality, invalidity, unconstitutionality, or inapplicability shall 28 not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts 29 thereof of this Ordinance or their applicability to other persons-or circumstances. 30 31 Section 4. Effective:Date. This Ordinance of-the City of Petaluma shall be effective thirty (30) 32 days after the date of its passage. 33 ' 34 Section 5: Publication. The City Clerk is hereby directed to post and/or publish,this ordinance or 35 a synopsisof this ordinance for the period and in the manner required by the City Charter. 36 37 I HEREBY CERTIFY that this ordinance was INTRODUCED at,a regular meeting of the City Council 38 of the'City of Petaluma,.held on the 241h day of September;2012 and ADOPTED AND PASSED at a 39 regular meeting of the City Council of the City of Petaluma, held on the day of October, 40 2012 by the following vote: 41 42 AYES: 43 44 NOES: • Ordinance No. N.C.S. Page 1 1 2 ABSENT: 3 4 ABSTAIN: 5 6 7 8 9 10 11 David Glass, Mayor 12 , 13 14 15 ATTEST: APPROVED AS TO FORM: 16 17 - . 18 19 20 21 22 Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney 23 • 24 25 26 27 28 • 29 30 31 ' 32 • 33 34 35 36 37 38 39 40 41 42 , 43 44 45 46 47 48 49 50 51 52 I2 Ordinance No. N.C.S. Page 2 E diibit A • ills., Ca1PERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the • Board of Administration California Public. Employees' Retirement System and the • City Council City of Petaluma - 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 January 1, 1950, and witnessed October 18, 1949, and as amended effective August 1, 1959, November 1, 1959, March 1, 1965, June 1, 1965, April 1, 1969,_January 1, 1974, November 1, 1980,. November 1, 1981, July 1, 1982, January 1, 1987, December 28, 1987, January 1, 1992, January 4, 1996, June30, 1996, May 4, 1998, April 5, 1999, June 30, 2001, January 16, 2003 and October 7, 2008 which 'provides for participation of Public Agency in said System,Board and Public Agency hereby agree,as follows: A. Paragraphs 1 through, 12 are hereby stricken from, said contract as executed effective October'7, 2008, and hereby replaced by'the following paragraphs numbered 1 through 14 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; age 50 for local safety members entering membership in the safety classification on or prior to the effective date of this amendment to contract and :age 55 for local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. i3 2. Public Agency shall .participate in the Public Employees' Retirement System from and after January 1, 1950 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, agentsand,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-CalPERS retirement program. (b) Public Agency's election to•amend this Contract to provide retirement benefits, provisions or formulas that are different than 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 benefitsvprovisions or formulas provided under'this.Contract'and provided for under the California Public Employees'Retirement Law. (d) Public;Agency's election to file:for bankruptcy under Chapter 9 (commencing with section,901)of Title 11 of the United States Bankruptcy Code`and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States'Bankruptcy Code orally similar provision of law. • (e) Public Agency's election to-assign this Contract.without the prior written consent of the CaIPERS' Board of Administration. IA (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made,as a result of amendments, additions or deletions to California statute or to the California Constitution. 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 aslocal 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 as a local`miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage. of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in:the safety classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 8. The percentage of final compensation to be provided for each year of credited current'service as a local safety member entering,membership for the first time in the safety classification after the effective, date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). I5 • 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. b. Section 20042 (One-Year Final Compensation) for local Miscellaneous members and those local safety members entering membership on or prior to the effective date of this amendment to contract. c.' Section20965'(Credit for Unused Sick Leave). d. Section. 21.326 (One-Time 1%: to 7% Increase For Local Miscellaneous Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1, 2002. e. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local fire members only. f. Section 21024 (Military Service Creditas Public Service). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safetymembers only: h. Section '21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only. i. Section 20434 ("Local Fire Fighter" shall include any officer or employee o?a fire department.employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson 'investigation services as described in Government Code Section 20434). j. Section 20903 (Two Years Additional Service Credit).. k. • Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are '.:applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. I Le 10. Public Agency, in accordance with Government Code Section 2079q, ceased to be an "employer" for purposes of Section 20834 effective on November 1, 1980. 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: 11. 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 and local safety members of said Retirement,Systeni. 12. 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. 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 it's employees shall be pooled in a • single account, based on term insurance rates, for survivors of all local safety members. c. 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. d. 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 bf'Public Agency, and costs of the'periodic investigation and valuations required,by 13. 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. • 11 • 14. 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 maybe 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 PETALUMA BY BY KAREN DE FRANK, CHIEF PRESIDING'OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT CaIPERS ID#5476407298 PERS-CON-702A 18 Attachment 3 California Public Employees' Retirement System Actuarial Office • Lurch P.O. Box to, CA Sacramento, CA 95812-1494 TTY: (877)249-74'42 CMPERS (888)225-7377 phone• (916) 795-2744 fax www:calpers.ca.gov December 20,2011 CALPERS ID: 5476407298 Employer Name:'CITY OF PETALUMA Rate Plan: SAFETY PLAN Re: New 3%@55,Three Year Final'Compensatlon forFiremembers only Second Tier within a Non-pooled Plan (Section 20475: Different Level of Benefits Provided for New.Employees) Dear Requester: As requested,employer contribution rate Information on your proposed second tier follows. If you are aware of others interested in this information(i.e.payroll staff,county court employees, port districts,etc.),please inform them. The Information istaased on the most recent annual valuation and is good until the completion of the next annual valuation,that is,the annual valuation as'of June 30, 2011, If your agency has not taken action to amend its contract and we have already completedthe June 30,2011 annual valuation report,-you must contact the Retirement Contract Services Unit for an updated cost analysis. If the employee contribution rate changes,that change would take place immediately. There will be no Immediate employer contributionxate impact from this,amendment. Ultimately, though,your employer normal cost will decrease. If the mix of active member entry ages were the same for both the current continuing first tier employees and the new second tier employees,the decrease in the employer rate would be 1.3%. The employer rate reduction'wiil:occur gradually,beginning.on July 1, 2014, if there aresecond tier employees hired on or before June 30, 2012. For fiscal years 2014/2015 and beyond,,-the projected annual amount of rate reduction you can expect from introducing a,second tier is approximatelyequal to(the ratio of:your second tier annual payroll to your total plan annual payroll two and a half years earlier: For example.if 1/10.of your Safety Plan members were In second tier on June 30,.2012 andlthe'l ultimate expected normal cost decrease'was 1.3%, the cumulative rate reduction you can expect by the 2014/2015 fiscal year,would.be 1/10 x 13%.= 0.13%. To initiate an amendment to the contract, please follow the Contract Amendment_Request process on.Myca1PERS with our Retirement Contract Services Unit, indicating your wish to contract,for Section 20475 (Different Level of Benefits)and identifying the group(s)to which the benefit reduction applies. In sections 20463 (b)and (c), the California Public Employees' Retirement Law requires the governing body of a public agency.within five days,:of receipt of the contract amendment:cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysis was requested by an employee organization, the employee organlzation'is also required within five days of receipt of the analysis,to provide a copy of the analysis to the public agency. If you have questions,please call (888)CaIPERS(225-7377). elt)064 BARBARA').WARE,FSA, MW Enrolled Actuary Senior Pension Actuary,Ca1PERS California Public Employee's Retirement System www.calpers:ca:gov i et Attachment 4 • California Public'Employees' Retirement System Actuarial Office • At,`,` P.O. Box 942709 A\\ I Sacramento,CA.95812-1494 TTY: (877)249-7442 Ca1PERS (888)225-7377 phone.' (916)795-2744 fax www.calpers.ca:gov • December 20,2011 CALPERS ID::5476407298 Employer Name:CITY OF PETALUMA Rate Plan: SAFETY PLAN Re: New 3%@55,and Three=Year Final Compensation for.Police members only Second Tier within a Non-pooled Plan (Section 20475: Different Level of Benefits Provided for New Employees) Dear Requestor: As requested,employer contribution rate information on your proposed second tier follows. If you are aware of others interested in this information(i.e.payroll staff,county court employees, port districts,etc.),;please inform them. The information is based on.the,most recent annual valuation.and;ls'good until the completion of the next annual valuation, that is,the,annual valuation as of June 30,2011. If your agency,has not taken action to amend its contract and we have already completed the June 30, 2011 annual valuation report,you must contact the Retirement Contract Services Unit for an updated cost analysis. If the employee contribution rate changes,that change would take place immediately. There will be no immediate employer contribution.rate impact from this amendment. Ultimately,though,your employer normal cost will decrease, If the mix of active member,entry ages were the same for both the current continuing first tier employees and the new-second tier employees,the decrease in the employerrateviould be 1.8%. The employer rate reduction.will occur,gradually,beginning on July 1, 2014, if thereare second tier employees hired on or before June 30, 201/ For fiscal years 2014/2015 and beyond, the,projected annual amount of rate reduction you can expect from introducing a,second tier isiapproximately equal to the ratio of your second tier annual payroll to your total plan annual.payrolltwo and a half years earlier. For exampleIf.1/10 of yourSafety Plan members were in second tier on June 30, 2012 and the ultimate expected`normal cost decrease was 1.8%, the cumulative rate reduction you can expect by 2014/2015 fiscal year would be;t/10x 1.8%=0.18%. To initiate an amendment'to the contract, please follow the Contract Amendment Request process on MyCaIPERS with our Retirement Contract Services Unit,indicating your wish to contract for Section 20475 (Different Level of Benefits)and Identifying the group(s).to;which the benefit reduction applies. In sections.20463 (b) and (c), the California Public Employees' Retirement Law'requires the governing body of a public agency within five days of receipt of the contract:amendment cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysis was requested by an employee organization, the employee'organization Is also required within five days of receipt of the analysis, to provide,a copy of the analysis to the.publ is agency. If you have'questions,please call(888)CalPERS(225-7377). • • BARBARA J.WARE,FSA,MW Enrolled Actuary; Senior Pension:Actuary,CalPERS California Public Employee's Retirement System www.calpers.ca.gov 2v