2018/07/24 City Council Ordinance 923ORDINANCE NO. 923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 1.
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 26" day of June, 2018 and DULY AND REGULARLY
ADOPTED this 24th day of July, 2018 by the following roll call vote:
AYES:Five (5) Coumcilmembers Ahanotu, Belforte, Mackenzie, Callinan and
Mayor Stafford
NOES: None (0 )
ABSENT: None (0)
ABSTAIN: None (0 )
APPROVED:
Pam Stafford, Mayor
ATNA44n
TEST;
Jo ffnne M. Buergler, City Clerk rA&j; ,,7 Sa 1dAnha 1 ,4S5 j5%*mf i"►'
le Marchetta KYnyofiV Attorney
CaIPERS
California
Public Employees' Retirement System
EXHIBIT
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, July 1,
2011 and June 18, 2012 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed
effective June 18, 2012, and hereby replaced by the following paragraphs
numbered 1 through 18 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 classic
local miscellaneous members, age 62 for new local miscellaneous
members; age 50 for classic local safety members entering membership in
the safety classification on or prior to June 18, 2012, age 55 for classic local
safety members entering membership for the first time in the safety
classification after June 18, 2012 and age 57 for new local safety members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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, 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 attomey 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) Any dispute, disagreement, claim, or proceeding (including
without limitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas that are different than such employees' 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 benefits, provisions or formulas
provided under this Contract and provided for under the Califomia
Public Employees' Retirement Law.
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).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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 classic 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 classic 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 classic 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% at age 55 Modified and Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local miscellaneous member
shall be determined in accordance with Section 7522.20 of said Retirement
Law (2% at age 62 Supplemental to Federal Social Security).
11. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local safety member entering
membership in the safety classification on or prior to June 18, 2012, shall
be determined in accordance with Section 21363.2 of said Retirement Law
(3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of
credited current service as a classic local safety member entering
membership for the first time in the safety classification after June 18, 2012
shall be determined in accordance with Section 21363.1 of said Retirement
Law (3% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
13. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local safety member shall be
determined in accordance with Section 7522.25(d) of said Retirement Law
(2.7% at age 57 Full).
14. 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 classic local
miscellaneous members and for those classic local safety members
entering membership on or prior to June 18, 2012.
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).
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 with this agency in the miscellaneous or safety
classification after July 1, 2008.
Section 21354 (2% @ 55 Full formula) is applicable to classic local
miscellaneous members entering membership for the first time with
this agency 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� classic local safety
members entering membership forthe first time with this agency time
in the safety classification after June 18, 2012.
j. Section 20516 (Employees Sharing Additional Cost):
From and after the effective date of this amendment to contract, 2%
for classic local safety members in the Rohnert Park Public Safety
Officers Association and the Rohnert Park Public Safety Managers
Association.
The portion of the employer's contribution that the member agrees
to contribute from his or her compensation, over and above the
member's normal contribution ("Cost Sharing Percentage"), shall not
exceed the Employer Normal Cost Rate, as that rate is defined in the
CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost
Sharing Percentage will exceed the relevant Employer Normal Cost
Rate, the Cost Sharing Percentage shall automatically be reduced to
an amount equal to, and not to exceed, the Employer Normal Cost
Rate for the relevant fiscal year.
15. 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.
16. 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.
17. 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.
18. 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 2nd day of September , 2018
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ROHNERT PARK
BY
ARNITA PAIGE, CHIEF o� —
PENSION CONTRACTD PREFUNDING
PROGRAMS DIVISIO CONTRACT*
PUBLIC EMPLOYE= 6-m ETI REMENT SYSTEM
AMENDMENT CaIPERs ID #1238309969
PERS-CON-702A
BY _ y
PRESIDING OFFICEIB'
Witness Dab
Attest:
Qo
41
Ciew
Qv
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
STATE OF CALTFORNIA )
)ss
County of Sonoma )
l, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No.923.
SUMMARY OF ORDTNANCE NO. 923 OF THE CITY OF ROHNERT PARK'
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BET\ryEEN
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEESO RETIREMENT SYSTEM (CAIPERS)
was published on July 13, 2018 and July 27,2018, as required by law, and posted in five
(5) public places in said City, to:
www.rpcitv.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California94928 on July 10,2018 and July 25,2018.
L]*ryl (b,, ano?on65rìed-\-
Subscribed and sworn to before me
Caitlin Saldanha, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OFCALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance 923
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was aciltzen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publ,isher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of CaLifornia; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been estabLished and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, desøibing
and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance 923" of which the ar¡rexed is a printed copy, was published in said newspaper at least _1 consecutive time(s),
commencing onthe2T day of July,2018 and ending on the27 day of July,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct
EXECUTED this 27 day of July, 20 1 8 at Rohnert Park, Califomia.
SlCneh
cAuFoRilA AttlHmøilC r¡{ AIEl{DtEt{T rc ÍE
COilTNAgT BEIWEB{ TH¡ CfIY COUTCIL OF THE CffY OF
ROH]GRT PARK AID ilE E(nRD OF ADTII{ETNATOil OF
THE CAUFmiln R BUc ETPLOYEES'REÎREHEilT SySIET (CrtpERS)
Claudia Smith Chief Clerk
AYES: Five (5)
NOES: None (0)
ABSENT None (0)
ABSTAIN: None (0)
Councilmemberc Ahanotu, Belforte; Mackeniie,
Callinan and Mayor Staffor{
Ca¡ttln åaHenha
&¡i¡tantClSGþrk