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Pension and Other Post Employment BenefitsSOWN �F MEETING DATE: 09/4/2012 ITEM NO: ios cnt�e COUNCIL AGENDA REPORT DATE: August 30, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: APPROVE RESPONSE TO THE SANTA CLARA COUNTY GRAND JURY REPORT REGARDING PENSION AND OTHER POST EMPLOYMENT BENEFITS RECOMMENDATION: Approve response to the Santa Clara County Grand Jury report regarding Pension and Other Post Employment Benefits (OPEB). BACKGROUND: The Civil Grand Jury is an investigatory body that reviews and evaluates procedures, methods and systems used by governmental agencies to determine whether a local agency complies with stated objectives and if the agency's operations can be made more efficient and/or effective. California Penal Code section 933(c) requires the governing body of the public agency which has been the subject of a Grand Jury final report to respond to the findings and recommendations. The proposed response, which is included as an attachment to this report, is due in compliance with the code, no later than Friday, September 14, 2012. DISCUSSION: On June 13, 2012, the Santa Clara County Civil Grand Jury issued a report to present the findings and recommendations from their study on pension and other post - employment benefits costs for local government agencies in Santa Clara County. In the report, the Civil Grand Jury assessed the viability and sustainability of public employee benefits for the agencies within the county. The scope of the study included the cost of benefits, efforts undertaken to control costs, projected revenues to cover the cost of benefits, and differences between public and private- sector benefits. PREPARED BY: RUMI PORTILLO our HUMAN RESOURC S DIRECTOR Reviewed by:_ Assistant Town Manager Town Attorney Finance NAMGRAdminWorkFiles�2012 Council RepoitsV.4.12 Grand Jury Response OPEB.doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE RESPONSE TO THE SANTA CLARA COUNTY GRAND JURY REPORT REGARDING PENSION AND OTHER POST EMPLOYMENT BENEFITS AUGUST 30, 2012 It was the conclusion of the Civil Grand Jury that the Pension and OPEB costs overall are interfering with the delivery of essential services and that the costs are an unbearable taxpayer burden. Subsequent to the publication of the Civil Grand Jury report, the Governor announced the passage of the California Public Employees' Pension Reform Act of 2013 ( PEPRA). The PEPRA significantly modifies pension benefits by increasing the retirement age, reducing pension formulas, applying an income cap and placing a number of other restrictions that will serve to reduce future costs. Details of the PEPRA are pending and further analysis of the Act is required. However, the Governor's summary released at the time of this staff report indicates that this legislation will meet many of the key objectives contained in the Civil Grand Jury report. It should be noted that prior to the passage of PEPRA, the Town and employee groups had worked collaboratively on cost - containment efforts, including adopting a two -tier retirement system for all new non -sworn employees to reduce future costs. The Town had also notified employee groups that additional cost - containment efforts would be included in future bargaining sessions for both sworn and non -sworn staff. In regard to specific recommendations contained in the Civil Grand Jury report (prior to the passage of PEPRA), the Town agreed with all applicable recommendations made by the Civil Grand Jury and had already implemented five of the recommendations contained in the report. CONCLUSION: Staff recommends approval of the responses as attached. Staff will prepare a letter to the Grand Jury to document the Town's responses as required. FISCAL IMPACT: There is no fiscal impact for approving the responses to the Civil Grand Jury report. Attachments 2011 -2012 Santa Clara County Civil Grand Jury Report, "An Analysis of Pension and Other Post Employment Benefits" ATTACHMENT A Santa Clara County Grand Jury Report: An Analysis of Pension and Other Post - Employment Benefits Summary of Town of Los Gatos Response August 30, 2012 Page 1 NOTE. The responses provided below were prepared prior to the announcement of the Public Employee Pension Reform Act of 2013 (PEPRA). Details of the act are not yet known; however it is anticipated that the items marked with an asterisk ( *) will be implemented or impacted by via the provisions of the PEPRA. Public sector employees are eligible for retirement at least 10 years earlier than is common for private sector employees. Los Gatos Response: Agree Recommendation 1 The Cities should adopt pension plans to extend the retirement age beyond current retirement plan ages. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos has implemented for miscellaneous (non - sworn) employees and intends to engage in negotiations for sworn when the current union agreement expires.* Finding 2 Campbell, Gilroy, Los Altos Hills, Los Gatos, Milpitas and Palo Alto have adopted second tier plans that offer reduced Benefits, which help reduce future costs, but further changes are needed to address today's unfunded liability. Santa Clara County and the cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill, Mountain View, San Jose, Santa Clara, Saratoga and Sunnyvale have not adopted second tier plans. Los Gatos Response: Agree Recommendation 2A Santa Clara County and the cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill, Mountain View, San Jose, Santa Clara, Saratoga and Sunnyvale should work to implement second tier plans. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Not applicable to Los Gatos. ATTACHMENT A Santa Clara County Grand Jury Report: An Analysis of Pension and Other Post - Employment Benefits Summary of Town of Los Gatos Response August 30, 2012 Page 2 Recommendation 2B For Gilroy, Los Gatos, Milpitas and Palo Alto, which have not implemented second tier plans for MISC and Public Safety second tier plans should be implemented for both plans. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos has implemented for miscellaneous (non - sworn) employees and intends to engage in negotiations for sworn when the current union agreement expires.* Recommendation 2C All Cities' new tier plans should close the unfunded liability burden they have pushed to future generations. The new tier should include raising the retirement age, increasing employee contributions, and adopting pension plan caps that ensure pensions do not exceed salary at retirement. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Re Retirement age, see Recommendation 1. Re increasing employee contributions, see Recommendations 4A and 4B. Re Pension caps, Los Gatos does not have authority to change the pension caps established by CaIPERS. However, Los Gatos is open to consideration once CaIPERS provides the option.* ATTACHMENT A Santa Clara County Grand Jury Report: An Analysis of Pension and Other Post - Employment Benefits Summary of Town of Los Gatos Response August 30, 2012 Page 3 Finding 3 Retroactive Benefit enhancements were enacted by Cities using overly optimistic RO1 and actuarial assumptions without adequate funding in place to pay for them. Los Gatos Response: Agree Recommendation 3 The Cities should adopt policies that do not permit Benefit enhancements unless sufficient monies are deposited, such as in an irrevocable trust, concurrent with enacting the enhancement, to prevent an increase in unfunded liability. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos has Los Gatos has not Further analysis is implemented this implemented this required to understand recommendation. recommendation yet but the impacts. The analysis staff will make this will be conducted prior to recommendation for the end of FY 2012/13.* Council adoption prior to the end of FY 2012/13.* The Cities are making an overly generous contribution toward the cost of providing Benefits. Los Gatos Response: Agree Recommendation 4A The Cities should require all employees to pay the maximum employee contribution rate of a given plan. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos has Further analysis is implemented this required to understand recommendation. the impacts. The analysis Recommendation 413 The Cities should require employees to pay some portion of the Past Service Cost associated with the unfunded liability, in proportion to the Benefits being offered. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Further analysis is required to understand the impacts. The analysis will be conducted prior to the end of FY 2012/13.* ATTACHMENT A Santa Clara County Grand luny Report: An Analysis of Pension and Other Post Employ m ent Benefits Summary of Town of Los Gatos Response August 30, 2012 Page 4 Finding 5 The Cities are not fully funding OPEB benefits as Los Gatos Response: Agree Recommendation 5 The Cities should immediately work toward full OPEB ARC payments as soon as possible. unfunded liabilities and small funded ratios. policy changes and adopting measures aimed at making Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos has Los Gatos does not have implemented this authority to change the recommendation and CaIPERS DB plan to a DC currently has a long -term plan. However, should plan in place. CaIPERS implement this The City of San Jose should eliminate the SRBR program or amend the SRBR program to prevent withdrawal of pension trust money whenever the pension- funded ratio is less than 100 %. Los Gatos Response: Not applicable. The Cities' defined benefit pension plan costs are volatile. Defined contribution plan costs are predictable and therefore more manageable by the Cities. Los Gatos Response: Agree Recommendation 7 The Cities should transition from defined benefit (DB) plans to defined contribution (DC) plans as the new tier plans are implemented. Implemented Not Yet But In Future Requires Further Analysis Will Not Be Implemented Los Gatos does not have authority to change the CaIPERS DB plan to a DC plan. However, should CaIPERS implement this recommendation, Los Gatos will conduct further analysis.*