2012/04/24 City Council Ordinance 846
ORDINANCE NO. 846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O~' ROHNERT PARK
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as
follows:
Section I.
That an amendment to the contract between the City Council of the City of Rohnert Park 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 Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment
for and on behalf of said Agency.
Section 3.
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 shall be published at least once in The Community Voice, a newspaper of
general circulation, published and circulated in the City of Rohnert Park and thenceforth and thereafter
the same shall be in full force and effect.
This ordinance was introduced on the 27th day of March, 2012 and DULY AND REGULARLY
ADOPTED this 24th day of April, 2012 by the following roll call vote:
AYES: FOUR (4)
NOES: NONE (0)
ABSENT: ONE (1)
ABSTAIN: NONE (0)
ATTEST:
Councilmembers Ahanotu, Callinan, Stafford and Mayor Mackenzie
Councilmember Belforte
APPROVED:
~
~c1~J
/
ttorney
. I
A.
CalPERS
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 Rohnert Park
+- ~
. 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 July 1,
1965, and witnessed May 17,1965, and as amended effective August 2, 1972, October
1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27,
1992, July 1,1997, July 1,1998, October 25,2002, July 1, 2007, July 1, 2008 and July
1, 2011 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective July 1, 2011, and hereby replaced by the following paragraphs
numbered 1 through 16 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
a9,e 5q; for local miscellaneous members; age 50 for 10c~1 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. .
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 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 (CaIPERS) and its
trustees, agents and employees, theCalPERS 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-CaIPERS 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
CalPERS 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. CalPERS 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
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 (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. . Prior to January 1, 1975, those members who were hired by Public
, Agency on a temporary and/or seasonal basis not to exceed 6 months
. were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1,1975. .
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 1-,2007 shall be determined in
accordance with Section 21354 of said Retirement Law subject to the
reduction provided therein for Federal Social Security (2% at age 55
Modified and Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after' July 1, 2007 and not entering membership for the
first time in the miscellaneous classification after July 1, 2011 shall be
determined in accordance with Section 21354.5 of said Retirement Law
subject to the reduction provided therein for Federal Social Security (2.7%
at age 55 Modified and Full).
9. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after July
1, 2011 shall be determined in accordance with Section 21354 of said
Retirement Law (2% atage 55 Modified and Full).
10. 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 getermined in accordance with
Section 21363.2 of said Retirement Law (3% at age 50 Full).
11. 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 age55 Full).
12. Public Agency elected. and elects to be subject to the following optional'
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b.Section 20965 (Credit for Unused Sick Leave).
c" 'Section 21335 (5% Cost-of-Living Allowance) for" those local
miscellaneous members and local safety members entering
membership.in the miscellaneous or safety classification on or prior
to July 1, 2008.
d. Section 20042 (One-Year Final Compensation) for local
miscellaneous members and for those local safety members
entering membership on or prior to the effective date of this
amendment to contract.
e.Section 21024 (Military Service Credit as Public Service).
f. Section 20903 (Two Years Additional Service Credit).
g. Section 21027 (Military Service Credit for Retired Persons).
h. Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service).
i. Section 20475 (Different Level of Benefits). Section 21335 (2%
Annual Cost-of-Living Allowance Increase) is applicable to local
miscellaneous and local safety members entering membership for
the first time in the miscellaneous or safety classification after July
1, 2008.
Section 21354 (2% @ 55 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after July 1, 2011.
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.
13. 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.
14. 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 and local safety members.
b. 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.,
c. 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 required by law.
15. 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.
16. 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 4th day of June
, 2012 .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ROHNERT PARK
BY
,KAREN DE FRANK, CHIEF
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
AMENDMENT CalPERS 10 #1238309969
PERS-CON-702A