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SR-602-003 (10) f:\person:misc/council/staffrpt/council44.doc Santa Monica, California Council Meeting: March 6, 2001 TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to 1) Adopt Resolution of Intention to Amend Contract Between the California Public Employees' Retirement System and the City of Santa Monica to Provide Section 21354 (2% @ 55 Full Formula) and Section 20042 (One-Year Final Compensation) for Local Miscellaneous Members; 2) Hold a Public Hearing and 3) Hold the First Reading of an Ordinance to Amend Said Contract as Indicated INTRODUCTION This report recommends that City Council 1) adopt a resolution stating its intent to approve an amendment to the contract between the California Public Employees? Retirement System (CalPERS) and the City of Santa Monica to provide Section 21354 (2% @ 55 Full Formula) and Section 20042 (One-Year Final Compensation) for local miscellaneous members; 2) hold a public hearing; and 3) hold the first reading of an ordinance to amend said contract . DISCUSSION The City of Santa Monica contracts with CalPERS to provide retirement plans for permanent employees. As a contracting agency, the City may amend its contract(s) to provide various optional benefits offered by CalPERS. According to CalPERS regulations, changes to the CalPERS contract apply to all miscellaneous members. Santa Monica local miscellaneous members of CalPERS are currently covered by a 2% @ 60 full formula. As a part of contract negotiations with each of the City?s non-safety bargaining units, the bargaining units have requested that the City amend its contract with CalPERS to provide Section 21354 (2% @ 55 Full Formula) and Section 20042 (One-Year Final Compensation) for local miscellaneous members. In order to remain competitive in the labor market and to bring the CalPERS benefits of Santa Monica miscellaneous employees in line with those found in comparison cities, the City agreed to amend its contract with CalPERS to provide Section 21354 and Section 20042. Section 21354 (2% @ 55 full formula) is a CalPERS service retirement formula that provides to local miscellaneous members at age 55, or older, 2% of pay for each year of service. For members who retire earlier than age 55, the percentage of pay is less than 2% of pay for each year of service. The formula is not modified because of Social Security. Section 20042 (One-Year Final Compensation) provides that the monthly retirement allowances for members will be based on the highest consecutive twelve (12) months of earnings reported to CalPERS. An independent actuary evaluated the impact that implementing Section 21354 and Section 20042 would have on the City?s budget. That analysis confirmed CalPERS?s projections. BUDGET/FISCAL IMPACT This change to the miscellaneous members CalPERS retirement plan increases the present value of benefits, or total cost of the plan, by $30,162,428. Since the total cost is increased, the amount of money the City should have on deposit for this plan, or the accrued liability, also increases by $18,224,333. However, since the City currently has a retirement fund surplus of $80,409,131, there will still be a retirement fund surplus of $62,184,798 after the proposed amendment has been implemented. CalPERS is projecting that this resulting retirement fund surplus of $62,184,798 will be sufficient to pay the employer?s contribution for the next 29 years. This means that the City?s contribution rate would remain unchanged at 0.0% for that period of time. The independent actuary?s analysis confirmed CalPERS?s cost projections. RECOMMENDATION It is recommended that the City Council 1) adopt a resolution stating its intent to approve an amendment to the contract between the California Public Employees? Retirement System (CalPERS) and the City of Santa Monica to provide Section 21354 (2% @ 55 Full Formula) and Section 20042 (One-Year Final Compensation) for local miscellaneous members; 2) hold a public hearing; and 3) hold the first reading of an ordinance to amend said contract. Prepared By: Karen Bancroft, Director of Personnel C.M. Dennis, Director of Finance Attachments: Resolution of Intention with Exhibit Ordinance Authorizing an Amendment to the CalPERS Contract RESOLUTION NUMBER _______ (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES? RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA WHEREAS, the Public Employees? Retirement Law permits the participation of public agencies and their employees in the Public Employees? Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a Resolution giving notice of its intention to approve an amendment to said contract, which Resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354 (2% @ 55 Full Formula) and Section 20042 (One-Year Final Compensation) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: __________________________ MARSHA JONES MOUTRIE City Attorney ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES? RETIREMENT SYSTEM NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Santa Monica and the Board of Administration, California Public Employees? Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The City Manager is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof the ordinance or a summary shall be published at least once in The Argonaut, a newspaper of general circulation, published and circulated in Los Angeles County and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ____________________________ Marsha Jones Moutrie City Attorney