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SR-602-003 (34)~_ ~ City of Santa Monica City Council Report City Council Meeting: January 23, 2007 Agenda Item: ' ~-- --8 To: Mayor and City Council From: Karen Bancroft, Director of Human Resources Subject: Resolution of Intention to Amend Contract between the California Public Employees' Retirement System and the City of Santa Monica to Provide Section 21354.5 (2.7% @ 55 Full Formula} for Local Miscellaneous Members; Hold a Public Hearing; and Introduction and First Reading of an Ordinance to Amend Said Contract as fndicated Recommended Action This report recommends that Council 1. adopt the attached resolution stating its intent to approve an amendment to the contract between the California Public Employees' Retirement System (CaIPERS)and the City of Santa Monica to provide Section 21354.5 (2.7% @ 55 Full Formula) for local miscellaneous (non-safety) members; 2. hold a public hearing; and 3: introduce for first reading an ordinance to amend said contract. Executive Summary The City of Santa Monica contracts with CaIPERS 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 CaIPERS. 1 City of Santa Monica active local miscellaneous (non-safety) members of CaIPERS are currently covered by a 2% @ 55 full formula. As a part of contract negotiations with the City's miscellaneous (non-safety) bargaining units, the bargaining units requested that the City amend its contract with CaIPERS to provide Section 21354.5 (2.7% @ 55 Full Formula) for active local miscellaneous members. At #he June 27, 2006 meeting, the City Council adopted a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the City's Miscellaneous (non-safety) bargaining units to amend the City's contract with CaIPERS to provide the 2.7% @ 55 futl formula for active local miscellaneous employees under Section 21354.5 of the California Government Code, effective as of June 1, 2007. Under the terms of the MOU, the employees will reimburse the City for the additional cost of this benefit through an after-tax payroll deduction. The employee reimbursement to the City is being phased in, starting as of July 1, 2006. Discussion Based on the valuation prepared by CaIPERS, the implementation of the 2.7% @ 55 retirement formula would increase the City's CaIPERS contribution rate by 5.724% and the employees' contribution rate by 1.0%. The increase in the City's contribution rate includes the repayment of an unfunded liability that covers retirement costs of employees who retire prior to the increased 2 benefit being fully funded. The payment of the unfunded liability, which results in an increase to the City's Accrued Liability (AL), wili be amortized over 20 years by CaIPERS and accounts for 3.586% of the 5.724% increase to the City's contribution rate. At the end of 20 years, the unfunded liability will have been paid by the City, resulting in a corresponding reduction in the City's Accrued Liability (AL) and the City's CaIPERS contribution rate. Since the City pays the employees' CaIPERS contributions on their behalf, per the terms of the MOU between the City and its miscellaneous bargaining units, miscellaneous employees will reimburse the City for the increase in the City's Ca1PERS contribution rate and the employee's CaIPERS contribution rate resulting from the amendment to the City's contract with CaIPERS to provide 2.7% @ 55 retirement formula option for the City's miscellaneous (non-safety} employees. fn order to amend the City's contract with CaIPERS to provide the 2.7% @ 55 retirement formula option for the City's miscel{aneous employees, the City Council must 1. adopt a Resolution of Intention to amend its contract with CaIPERS to provide Section 21354.5 (2.7°l0 @ 55 full formula) for local miscellaneous members; 2. hold a public hearing; and 3. introduce for first reading an ordinance to amend said contract. 3 Since the effective date of the amendment to the City's contract with CaIPERS providing the new CaIPERS retirement formula must coincide with the beginning of a payroll period, the amendment will become effective May 27, 2007 since this is the payroll period that covers June 1, 2007, the effective date set forth in the MOU between the City and its miscellaneous (non-safety) bargaining units. This report requests that Council adopt the attached resolution stating its intent to approve an amendment to the contract between the California Public Employees' Retirement System (CatPERS) and the City of Santa Monica to provide the 2.7% @ 55 full formula for active local miscellaneous employees under Section 21354.5 of the California Government Code, effective as of May 27, 2007. The attached resolution and agreement comply with the procedure required by CaIPERS. This report also requests that Council hold a public hearing and introduce for first reading an ordinance to amend said contract as indicated. The ordinance is also attached. Budqet/Financial Impact This change to the miscellaneous members' CaIPERS retirement plan increases the present value of benefits (PVB), or total cost of the plan, from $427,719,548 to $480,459,890, which is a net PVB increase of $52,740,342. This accounts for 2.138% of the 5.724% increase in the City's contribution rate. The accrued liability (AL), which includes the unfunded liability for the retirement costs of employees who retire prior to the increased benefit (2.7% @ 55) being fully funded, will increase from $323,Q85,273 to $355,979,079, for a total net increase in the accrued liability (AL) of $32,893,806. 4 This net increase of $32,893,806 in the AL will be amortized over 20 years by CaIPERS and will account for 3.586°10 of the 5.724% increase in the City's CaIPERS contribution rate. At the end of 20 years, the unfunded liability resulting from the contract amendment will have been paid by the City, resulting in a corresponding reduction in the Accrued Liability and a corresponding reduction in the City's CaIPERS contribution rate. Per the terms of the MOU between the City and its miscellaneous bargaining units, the amendment to the City's contract with Ca1PERS to provide Section 21354.5, 2.7°l0 @ 55 full formula for active local miscellaneous (non-safety) members only, will have no net budget or financial impact on the City since the employees wi11 reimburse the City for the total increase in the combined City and employee contributions to CaIPERS. Prepared by: Karen Bancroft, Director of Human Resources 5 Approved: Forwarded to Council: ~~ ~ ~~ t~a~~~~ ~~~~~I~ Caiifornia Public Employe~s' ~etirement System ,~ ~~NT~N~N'T TO C01~'T:I~.ACT Be~wee~. the Board of Adm~,~,a,stra~iozi Cax~,~o,~z~~.a Public Eznployees • Retiremea~.t SXstem arid t~e C,ity Cou~cil Cxty of Sa~nta 1+~lonica ~ l~he Board of Administration, Ca~ifomia Public Employees' Retirement System, hereinafter referred to as Baard, and the governing body of the above public ag~ncy, hereinafter referrec! to as Public Ag~ncy, having entered into a~:ontract effective July ~, 1944, and witness~d Aprii 5, 'i944, and as amended effe~:tive March 1, 1950, ~.eptember 1, '195"i , June `i , 1954, Nov~mb~r 1, 1980, Februar ~ 1, 1962, September 12, 1965, November 1, 1969, November 25, 1973, January 20, 1974, 'March 3, 197~4, June 28, 1981, May 13, 1984, January 1, 9 992, April ~5, 199 3, January 12, '# 996, .lanu~ry 15, 1999, November 13, 1999, Novmeber "E 9, 2L 00, April 28, 2001, ~~eptember 1 ~-, 2001, December 16, 2001, January 12, 2003, 3ept~mber 2'! , 2003, h1ay 16, 2004 and November 1~4, 2004 which provides for F ar~icipation of Public A,gency in said System, Board and Public Agency hereby agree as follows; ~,. Paragraphs 1 through 13 are hereby stricken from said contract as executed e~fective November 14, 2004, and hereby r~place d by the following paragraphs numbered 1 through 14 inclusive; All words and terms used herein which are d efiin~d in the Public Empfoyees' Retirement Law shall have the meani ~g as defined thErein unless oth~rwise speci~icalfy provided. "Normaf retirement age" shall mean age 55 for local miscellaneaus mem6ers, local fire members ancf ocean beach lifeguards, and age 5o for Iocal palicE; members. ~LEA~E C~(~ ~10~ ~l~N "E~~~~~~ C~~~ ~Yp~ 2_ F'ublic Agency ~hall p~rticipate in the Public ~ nployees' Retiren~ent System from and after July 1, 1944 making its em ~loyees a~ her~inafter provid~d, members of said Syst~m subjecfi to all provisions o~F the Public Employees" R~tir~ment Law excepY such as appl, ~ only on election of ~ contrac~ing agency and are nat providecf fo - herein and to a(I amendments to said Law hereafter ~n~cted ex,~pfi fiho~e, which by express provisions thereof, apply only on the elE ctian of a con~ractfng agency, 3. Emplvyees vf pubiic Agency in the following c lasses shall becom~ members af said Retirem~nt System except such in each such class as are exclud~d by law or this agreement: a. Local Fire Fighters (herein referred to as lo~;al safety rnembers); b. Lacal Police Officers (herein referred to as local safety members); c. ocean Beach ~ifeguards (included as I~cal safety members); d_ Employees ather than {ocal safefiy mernbE rs (herein referr~d to as Iocal misc~llaneous members}. 4. In addi~ion to fihe classes of employees excluded from membership by said Retirement Law, the following classes of employees shafl not became member~ af said Retirement System: NO ADDITIONAL, ~KC~USIONS 5. The percentage of final compensation to be pro~ ided ~For each year of credited prior and current service as a local misc ellaneous member in employment before and nofi on or after the E:ffective date of this amendment to contract shall be determined in aa:ordance with Section 21354 of said Retirement ~,aw (2% at age 55 Full) 6. The percentage of final compensation to be pro~ ided for each year of credited prior and currenfi service as a local misc ellaneous memb~r in employment on or after the effective date 4f this a~endm~nt to contract shall be defiermined in acco~dance with Sect on 21354.5 of said R~tirement Law (2.7% at age 55 Full). ~J~~=~~~'~ ~,~~ ~~4~~ ~~~ ~~~~~~ ~d~~~f-~I~~~ ~~~~.~'~ 7. The ~ereentage of ~ir~~l compensation to be pro~ ided for each year of credited prior ~and current servic~ as an ocean be ach lifegu~rd shati be determined in accordance with Section 2'f 366 of said Retirem~nt ~,aw (On~-half pay at age 55 Full). 8. The percentage o~f final compensatian to be prov ided for eac~ year of credited prior and curren~ s~rvice as a local pol ice member shall be determined in accordance with Sectian 21362:2 o said Retirement Law ' (3% at age 50 Fuff}, 9, Th~ perc~ntag~ af final compensation to be provided for each year of credited prior and current service as a Ioca! f re member shall be determined in accordance with Section 21363.1 01 said Retirement Law (3% at age 55 Full). 10. Public A~ency elected anci elects to be subject to the following optional provisions: a. Section 20421 ("Loc~l Safefiy Member" shall include ocean beach lifeguards of a city as descr~bed in Gavernmen# Gade 5ection 20421 }. b. 5~ction 21571 (Basic Level of 1959 Surviv~ ~r Benefits} for ocean beach lifeguards, c. Section 21222.1 (One-Time 5% Incr~ase - 1970). Legislafiion repealed said Section e~fective January 1, 1980. d. Sections 21624 and 2'1626 (Post-f Zetirement Survivor Allowance) for local police m~mbers and loc :al fir~ members only. e. Section 20042 (One~Year Final Compens: ~tion) for Iocal police members, local fire m~mbers. and local mi:,celianeous members only. ~F. Section 21024 (Military Service Credit as Pi ~blic Service)_ g. Section 20903 (Two Years Additional Servi~;e Credit). h, Secfiion 21574 (Fourth Level of 1959 Survi rar Benefts) for local police members, focal fire members and local miscellaneous members only. ~~~~:.~~ ~~ I V~J~ ~~l-C~ t~~~~~~~ 1 ~6 W~iY Sec~ion 21548 ((~re-Retirement Optional Settlement 2 De~th Bene~it) for focal fire m~mbers and local mi~cellaneous members anly. Section 20434 ("~.ocal Fire Fighter" shall include any officer or employee of a fire departrn~nt ~mployed 1 o perform firefighting, fire pr~vention, fire training, hazarclous ~ naterials, emergency medicaf services, or fire ar ~rson inv~;tigation services as described in Government Code 5ection 20~ ~34). '11. Public Agency shalf contribute to said Ret rement System the cantributions determined by acfuar'raf valuation:c of prior and future service- liabi{ity witl~ respect to loca! miscellaneo~ s m~mbers and focal safety members of said I~etirement System. 12. Public Agency shall also contribute to said R~tirement System as follvws: a. Contributions required per cover~d mem~ er on account of th~ '1959 Survivor genefits provic~ed under S ection 21574 of said Retirement Law. (Subject to annual cha ~ge.) In addition, all assets and liabilities of Public Agency anci its employees shafi be pooled iri a single account, based r~n terr i insurance rates, for survivors of afl iacal police members, loc a( fiire m~mf~ers and local miscellaneous members. b, A reasanab{~ amount, as fixed by the B~ard, payabie in one insfia{lme~t within 60 clays of date of contr ~ct to cover the casts of adminisfierir~g said System as it affec ts the employees af Public /~gency, not including the costs of s ~ecial valuations or of the periodic inv~stigation and valua#ians re~~uired by law. c. A reasonable amount, as fixed by the B~ard, payable in one installment as the occasions arise, ta covE:r fihe costs of special valuations on account of employees of Puk ~lic Agency, and cosfis of the periodic investigation and valuations required by law. 13. Contributions required vf Public Agency and it: ~ employees shall be subject #o adjustm~nt by Board on account oi amendments to the Public Employees' Retirement I~aw, and on acccunt of the experience under the Retirement System as de#ermin~:d by the periodic inves#igation and valuation required by said Refiire ment Law. 14. Con~ributions required of Pubfic Agency and i~s er ~pioyees shai{ be paid by Pi.sbfic Agency to fhe Retirem~nt System withir i fift~~n day~ after the ~nd of the p~riod to whfch said contribu~ians refer or as may be „ prescrib~d by Board regulation_ {f more or less th ~n the correct amount of contributians is paid fiQr any period, proper adjG stment shall be made in connection with subsequent remittances. Adju:~tmants on accaunt of error~ in contributions required of any empby~e n iay be made by direct paymen~s between ~h~ employee and the Board. ~ti~y ~~. This amendment sh~,~~~effectiv~ on the day of _ , \ ~~OARD OF ADMINIS.T`~~ION CtTY COUN~~fI~ F"UBLtC EMPLOY~~'~~'R~TIREMENT SYSTEM CITY OF SA ~TA MDNiCA `'.,;,~\,~~,:~ - E~Y ~`-~~~ `. eY C.ORI ~C~ARTLANQ, CHIEF PRESIDfNG OFFICER *,~;~ E;~~, ~R SERVICES bIVfSI~N ;~'~'`'' F',f:rB~.IC EMPI~OYEES' RETIREM~NT SYSTEM '~~~ . ~~v ~~~ ,. ``'"~-' - _~~,~ Witness Da~ ~`:~' ~ AtteS`~~ ' r ja~ ~,~ ~~,'~' Clerk ~Al/lENQMENT Eft# 54 PE:RS-CON~7Q2A (Rev_ 16\05) e erence eso u ~ o n o. .