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06 Staff Report - Public Employees Retirement SystemMEETING DATE: 5-5-2008 t w N 0 AGENDA ITEM: 6 ' .L COUNCIL AGENDA REPORT DATE: MAY 1, 2008 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNE)& SUBJECT: ADOPT AN ORDINANCE OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOMMENDATION: Adopt the ordinance introduced by Council on April 7, 2008. DISCUSSION: On April 7, 2008, Council voted to introduce an ordinance (Attachment 1) amending section 2.10.710 of the Town Code to approve an amendment to the contract between the Town and the California Public Employees' Retirement System ("CALPERS"). On April 23, 2008, a majority of the Town's miscellaneous employees voted to approve a change in their rate of contribution as would be required by the contract amendment (Attachment 2.) Adoption of the ordinance is the final step to implement the contract amendment. Should Council adopt the ordinance as introduced, it will become effective 30 days thereafter. The contract amendment will take effect on July 1, 2008. FISCAL IMPACT: This contract amendment results in a net savings of .451% of total miscellaneous payroll for FY 2008109. Attachments: 1. Introduced Ordinance 2. Results of Secret Ballot Election PREPARED BY: ORRY P. KORB, TOWN ATTORNEY NA MGRIAdminWorkFiles\Town AttanwylCouncil Reportsl5-5.48 PERS Contract Amendment.wpd] Reviewed by: own Manager Assistant Town Manager Clerk ,6inance Community Development Rev: 5/1/08 5:3 pin Reformatted: 7/19/99 Fild 301-05 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 lll, 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 Councii 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 VleeKly-Times a newspaper of general circulation, published and circulated in the Town of Los Gatos and therceforth and thereafter the same shall be in full force and effect ATTACHMENT 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos. California held on the 7"` day of April, 2008 by the following vote COUNCIL MEMBERS AYES: NAYS: ABSENT: ABSTAI N: ATTEST: SIGNED: ts/ Barbara Spector MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Isl Jackie Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Jtk,~ Ca1PERS EXHIBIT California Public Employees' Retirement System 40. AM NDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the Town Council 't'own of Los Gatos 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 April 1, 1972, and witnessed March 1, 1972, and as amended effective August 2, 1972, June 1, 1976, July 1, 1976, October 1, 1976, January 4, 1990; December 16, 1992, August 6, 1997 and June 24, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as foliows- A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective June 24, 2001, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 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 local miscellaneous members and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after April 1, 1972 making its employees as hereinafter orovided, 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 ;o said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency FXHiBI"C A 3. 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: Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). 4 In addition to the classes of employees excluded frorn membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ALL PERSONS EMPLOYED ON OR PRIOR TO CONTRACT DATE WHO WERE MEMBERS OF THE LOCAL SYSTEM EXCEPT THOSE IN EMPLOYMENT ON CONTRACT DATE WHO WAIVED THEIR RIGHTS UNDER THE LOCAL SYSTEM AND THOSE PERSONS WHO WAIVED THEIR RIGHTS BETWEEN MARCH 1 BAND MARCH 26, 1976. 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary andlor seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. Assets heretofore accumulated with respect to members under the local retirement system who waived their rights under that system have been transferred to the Public Employees' Retirement System on April 1, 1972 or between March 18, and March 26, 1976 and applied against the liability for prior service incurred thereunder. That portion of assets so transferred which represent the accumulated contributions (plus interest thereof) required of the employees under said local system have been credited to the individual membership account of each such employee under the Public' Employees' Retirement System. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1976, termination of Social Security, for members vihose service has been included in Federal Social Security i2% at age 55 l=ull and Modified). f it DO UT SIG "BA'HIBIT ONI T' SE N 8. The percentage of final compensation to be provided for each year of credited prior and current service for focal miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1976, termination of Social Security, for members whose service has been included in Federal Social Security (2.5% at age 55 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10_ Public Agency elected and elects to be subject to the following optional provisions: a. Section 21536 (Locai System Service Credit Included in Basic Death Benefit). b_ Sections 21624 and 21626 (Post-Retirement Survivor Allowance). C. Section 21574 (Fourth Level of 1959 Survivor Benefits). d. Section 20042 (One-Year Final Compensation). e. Section 21024 (Military Service Credit as Public Service). 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Cade Section 24834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12_ 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 and local safety members of said Retirement System. -13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 SurAvor Benefits provided under Section 21574 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 al[ 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. 14. 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. 15. 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 subsegge`ht remittances. Adjustments on account of errors in contributions i(qq 'ired of any employee may be made by direct payments betweeM b employee and the Board. B. This amendment a [,be effective on the day of BOARD OF ADMIN ST. ATION TOWN COUNCIL PUBLIC EMPi,Q, *~S' RETIREMENT SYSTEM TOWN OF LOS GATOS BY BY LOI GARTLAN 3, CHIEF PRESIDING OFFICER EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 0" Witness Date Attest:} ~ Ey Clerk AML:N[imE`1T ::R4 370 PERs-ccn€-7021A. 'Rov 10E05) STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS MEDIATION AND CONCILIATION SERVICE RESULTS OF SECRET BALLOT ELECTION CaIPERS Enhanced Retirement Election EMPLOYER: The Town of Los Gatos EMPLOYEE ORGANIZATIONS: All miscellaneous employees including the Town Employees Association (TEA) and the American Federation of State County and Municipal Employees (AFSCME), Management, Confidential and any eligible part-time/hourly employees enrolled in CalPERS of the Town of Los Gatos The following are the results of balloting held in the Town of Los Gatos. The election was held on the question: " Shall the contribution rate of miscellaneous employees of the Town of Los Gatos be changed to 8% of reportable earnings to provide the 2•.5% @ 55 formula?" 1. Total number of eligible voter's 3 2. Total number of ballots deposited in the ballot box 3. Total number of ballots challenged 4. Total number of challenges upheld 5. Total number of ballots rejected other than challenges 6. Total number of valid ballots _ (Add lines 3 and 4, then subtract from line 1) Q f 7. Total number voting: "YES" U r 8. Total number voting. "NO" The ab is a tr a statement of the election returns. ❑ate: J , "0 CA RNIA STATE MEDIATION AND CONCILIATION SERVICE The undersigned acted as authorized observers in the countin6 and tabulating of ballots indicated above. We hereby certify that the counting and tabulation were fairly and accurately done, that the secrecy of the ballots was maintained, and that the results were as indicated above. We also acknowledge service of this count. Date: A Date: ~ (TEA) lown VEmployees Association (TEA) Date_ Tow of Los Gatos ATTACHMENT 2