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r-10626City Council Meeting October 25, 2011 Santa Monica, California RESOLUTION NUMBER 10626 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING SETTING THE TERMS AND CONDITIONS OF EMPLOYEE -PAID CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT PLAN (CALPERS) OPTIONAL BENEFITS FOR MISCELLANEOUS CITY EMPLOYEES BETWEEN CITY-OF SANTA MONICA AND MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS' UNION, UNITED TRANSPORTATION UNION (LOCAL 1785), PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION, AND EXECUTIVE PAY PLAN PARTICIPANTS WHEREAS, the City administration and representatives of the City's miscellaneous employee bargaining units and the Executive Pay Plan participants have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on the terms and conditions of retirement benefits; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understanding between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determination; and WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and its miscellaneous employee bargaining units and the Executive Pay Plan participants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica does hereby approve and authorize the City Manager to execute an amendment to the Memorandum of Understanding (Umbrella Agreement), Contract No. 8650 (CCS) previously executed on November 3, 2006, setting the terms and conditions of certain retirement benefits for miscellaneous employee bargaining units and the Executive Pay Plan participants, which has been ratified by the Coalition of Santa Monica City Employees representing those bargaining groups and the Executive Pay Plan participants. SECTION 2. The Memorandum of Understanding sets forth the terms and conditions of retirement benefits coverage and includes the following changes: Employees eligible for CalPERS membership and hired before July 1, 2012 ('Tier 1 ") will continue to be included under the optional CalPERS benefit of 2.7% @ 55 full retirement formula set forth in California Government Code Section 21354.5; will continue to use the 12 highest paid consecutive months, pursuant to California Government Code Section 20042, when determining the average monthly pay rate in calculating retirement benefits; will continue to have the City pay and report the value of Employer Paid Member Contributions (EPMC) pursuant to California Government Code 2 Section 20636(c)(4); and will continue to share the cost of the 2.7% @ 55 formula by reimbursing the City 6.7% of their CalPERS reportable earnings. A pre -tax treatment to this reimbursement shall be applied effective July 1, 2011. Employees eligible for CaIPERS membership and hired on or after July 1, 2012 ('Tier 2 ") will be included under the optional CaIPERS benefit of 2.0% @ 55 full retirement formula set forth in California Government Code Section 21354; will use the 36 highest paid consecutive months when determining the average monthly pay rate in calculating retirement benefits, pursuant to California Government Code Section 20037; will contribute the mandatory 7.0% employee contribution (pre -tax) of their CalPERS reportable earnings; and will not be eligible to have the City pay and report the value of Employer Paid Member Contributions (EPMC) pursuant to California Government Code Section 20636(c)(4). All other optional CalPERS benefits currently in effect will apply to Tier 1 and Tier 2 employees. SECTION 3. 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: 110 �_.A W 9 1 ,. . -• • ' 9 Adopted and approved this 25th day of October, 2011. Richard Bloom, Mayor 1, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10626 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of October, 2011, by the following vote: Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Mayor Pro Tern Davis, Mayor Bloom Noes: Councilmembers: None Absent: Councilmember: Shriver ATTEST: Maria M. Stewart, Cit Clerk