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12 Staff Report - Public Employees Retirement System~owN o,~ MEETING DATE: 04/07/08 ITEM NO. cos o~os COUNCIL AGENDA REPORT DATE: April 2, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS A. ADOPT RESOLUTION OF INTENTION TO AMEND CONTRACT B. INTRODUCE ORDINANCE APPROVING AMENDMENT RECOMMENDATION: 1. Adopt resolution of intention to amend contract 2. Instruct Clerk to read title of Ordinance 3. Move to waive reading of full text of Ordinance 4. Move to introduce Ordinance BACKGROUND: The current Memoranda of Understanding (MOU) with the Town Employees' Association (T.E.A.) and the American Federation of State, County and Municipal Employees (AFSCME) provides that the Town will amend its contract with the Public Employees Retirement System (PERS) to change the retirement formula from 2% at 55 to 2.5% at 55 at no cost to the Town. To implement the contract amendment in accordance with PERS law, this report recommends the adoption of a Resolution of Intention and the First Reading of Ordinance. DISCUSSION: The following values have been identified in the actuarial valuation for the adoption of the contract amendment: Change in Present Value of Benefits $2,591,638 Change in the Accrued Liability $1,317,547 Change in the Employer Rate 2.541% PREPARED BY: RUMI PORTILLO : _TMe Human Resources Director Reviewed by: V- >J Assistant Town Manager _ Town Attorney Clerk Administer inance Community Development Revised: 04/02/2008 2:02 PM Reformatted: 5/30/02 N:AMGR\AdminWorkFiles\2008 Council Reports\PERS Council Report for 04-07-08.doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE AN AMENDMENT TO CONTRACT BETWEEN "THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APRIL 2, 2008 To offset the change in the employer rate, the nonswom employee groups have waived a 3% cost of living adjustment for FY 2008/09, resulting in a net savings of .459% to the Town. In addition to the change in the employer rate, a change in the employee contribution rate from 7% to 8% will be fully paid by employees on an ongoing basis. Government Code Section 20474 requires a secret ballot election by the employees affected whenever the contract is amended to provide a benefit which changes the employees' rate of contribution. The election is scheduled for April 23rd, which will be after the adoption of the resolution of intention and the first reading of the ordinance. The contract shall not be amended if a majority of the affected members vote to disapprove the proposed plan. In accordance with PERS statutes, the contract amendment will apply to all local miscellaneous (nonsworn) members and is available only to employees who are employed on or after the contract amendment effective date. CONCLUSION: The Town has provided PERS Public Agency Contract Services with the required Schedule of Agency Actions. This report recommends the adoption of a Resolution of Intention to amend the PERS contract and the First Reading of Ordinance. The adoption of this contract amendment will implement a provision agreed to in the MOUs for TEA and AFSCME and will apply to all miscellaneous employees in accordance with PERS law. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: This contract amendment results in a net savings of .451 % of total miscellaneous payroll for FY 2008/09. Attachments: 1. Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the Town Council of the Town of Los Gatos 2. Ordinance to Amend Section 2.310.710 Contract with Public Employees' Retirement System, includes Exhibit A, Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the Town Council of the Town of Los Gatos RESOLUTION NO. 2008- ADOPT RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS 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 21354.4 (2.5% @ 55 Full and Modified formula) for local miscellaneous members. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of April, 2008 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Barbara Spector MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Jackie Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1 ORDINANCE ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The Town Council of the Town of Los Gatos does ordain as follows: Section 1 That an amendment to the contract between the Town Council of the Town of Los Gatos 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 Town of Los Gatos is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3 Section 2.10.710 of Article III, Division 5 of Chapter 2 of the Los Gatos Town Code is hereby amended to add the following: (d) Amendment. An amendment to the contract between the Town Council and the Board of Administration, State Public Employees' Retirement System is hereby authorized, a copy of such amendment being attached to the original of Ordinance No. , marked "Exhibit A," and by such reference made part hereof as though herein set out in full. The Mayor of the Town Council is hereby authorized, empowered, and directed to execute such amendment for and on behalf of such agency. Section 4 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 Los Gatos Weekly-Times, a newspaper of general circulation, published and circulated in the Town of Los Gatos and thenceforth and thereafter the same shall be in full force and effect. ATTACFIMENT 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of April, 2008 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Barbara Spector MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Jackie Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA P 1, tt~ t d ,;m ~ 7, . I~i of 10fr, 00 and ~y .ea,h(,ed w y e q ~ S w"Ovph is 04=1- EXHIBIT A Local -AW loc" A ,,ty s o A _ rn $ i _IJ āœ“ brc) ..J y Oi. r n! , 3 Jq t' t 1 ifs coo t 'I 'n . , . _ . . fJ ~Y a n f i -al . 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