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CC Resolution No. 10-008 Adoption of policy statement on local government retirement benefitsRESOLUTIONf NO. 10-008 A RESOLUTION OF THE CU_PERTINO CITY COUNCIL AUTHORIZING THE ADOPTION OF A, POLICY STATEMENT ON LOCAL GOVERNMENT RETIF[EMENT BENEFITS WHEREAS, for more than 70 years, the State of California and local governments have offered a "defined benefit" retirement plan to employees which has provided a guaranteed annual pension based upon retirement age, salary and years of service; and, WHEREAS, the City belongs to the California Public Employees' Retirement System (Ca1PERS), that sponsors and administers a defined benefit pension plan for its employees; and, WHEREAS, the cost of funding the pension plans has escalated significantly over the past six years and is expected to continue to increase even further in the foreseeable future requiring a large amount of resources from the General Fund; and, WHEREAS, the revenues of the City are limited and must be used to fund many vital programs and services to the community; and, WHEREAS, the City is committed to finding ways to reduce its long term costs; and, WHEREAS, cities around the region and State are working together to create amore sustainable level of retirement benefits paid to ne:w employees while still providing a fair and equitable benefit. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino hereby adopts the attached Policy Statement on Local Government Retirement Benefits; and, BE IT FURTHER RESOLVED that City staff meet and confer with employee bargaining groups to discuss implementing a second tier retirement benefit plan for new employees hired. PASSED AND ADOPTED at a regular meeting oi'the City Council of the City of Cupertino on the 19th day of January 201 O, by the following vote: Vote Members of the Citv Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ~~/,~-- APPR~'IVFTI- ~~ Yanp.rt~~ AseooMlw Saw MRtBO GouwtlJ. G%t~ MAwagCr5 s~ssoc%at%ow Policy Statement on Local Goven~ment Retirement Benefits Background For more than 70 years, the State of California and focal governments have offered •a "defined benefit" retirement plan to employees.. This system provides a guaranteed annual pension based upon retirement age, sal2~ry, and years of service. Most, but not all, municipalities in California are part of the Public Employees' Retirement System (PERS). Over the years, local government retirement co:~ts have risen and fallen based on two key factors: investment returns and the level of benefit payments provided to employees. In the late 1990's the California legislature enacted sfgn~cant benefit enhancements for public employees in the I~ERS system that were optional for participating local governments. At that time, sorne retirement plans were deemed to be "super funded" and many local governments adlopted benefit enhancement plans. For example, most public safety personnel are on the "3% ~ 50" plan, which provides a .pension benefit of up to 90% of salary after 30 years of service as early as age 50. When the retirement system suffered serious investment tosses in the early part of this decade, these losses, combined with newly approved benefrt enhancements, caused dramatic increases in employer contribution rater. Cities in. our two counties have seen the percentage of their General Fund budget desdicated to PERS costs increase while their retirement liability funding had decreased from over the past decade. Fot example, in Mountain View, General Fund PER:S costs have gone from $2.8 million in FY00 to $7.7 million in FY10; in San Bruno, it I'~as gone from $240,000 to $4 million. Daly City's percent of the General Fund budget spent on retirement benefits has increased from 4.3% to 10.4% between FY00 and FY10; in Belmont, it has gone from .5% to 11.4%. And Campbell has seen its public safety retirement system fall from 122% funded to 70% funded over ten years. In the past five years, a number of proposaE:> have been introduced to reform or dramatically revise the public pension system in California. In 2004, a task force of the League of California Cities began an extensive study of the defined benefit system and proposed reforms. In 2005, the League board of directors accepted a report on pension reform from the task force as an initial assessment and for consideration in the ongoing debate of this issue. The report included a number of "general principles" and specifrc reform recommendations. To date, no concrete action has been taken by the legislature. Recently, the city mar~.agers of San DIego County have prepared a white paper on this issue calling for a ne~rv and lower second tier retirement beneftt for new hires, Other manager groups across. the state have begun a similar dialogue in recognition that the costs of the current system are not sustainable. Additionally, Governor Schwarzenegger has proposed returning pension formulas to 1999 levels for new hires --- a move he says will save the state $74 billion through 2040. The City of Sunnyvale has done a preliminary analysis of a lower tier sand has estimated it could save a total of $44 million over 20 years. The cities of San Carlos and Brisbane have already initiated a lower, second tier for new hires (among other cities statewide). Discussion While the debate is ongoing, no clear consensus has tieen achieved on addressing the high cost of pension benefits and no action aK>pears imminent. The city managers of Santa Clara and San Mateo counties believe i~: is important to take a proactive stance on this issue which has long-term implications for the fiscal stability of our cities. This issue is even more important now, given the tremendous losses suffered in the stock market in the past year. At fiscal year end in June 2009, PERS annual returns were down 23.4% from the previous year. This is on top of losses of 5.1 % in Fiscal 2008. PERS assumes a 7.75% gain annually to maintain its pension obligations, but clearly there is no guarantee this rate can be achieved. Based on this year's negative returns, employer rates are expected to jump significantly as of July 1, 2011. Therefore, as a matter of public policy, we endorse the following principles for a revised pension system. Guiding Principles ~ Our residents deserve fiscal policies that preserve local government's ability to meet community needs, while attracting compe~te:nt and motivated employees to public service. Providing adequate retirement benefits is an important part of attracting and retaining public employees; this continues to be an issue as, demographically, there are fewer young people to enter the public ;;e:ctor. ~ Current retirement benefit formulas era riot fiscally sustainable. The costs are escalating beyond our ability to fund them and diverting limited resources from direct service delivery to our communities. In addition, current pension benefts exceed what private sector employees receive and what is reasonably needed to attract public employees. Ideally, this situation would be addressed at a statewide level and there would be consistent standards for a11. We cannot, however, afford to wait for a statewide solution. Therefore, the cities of Santa Clara and San Mateo counties support 2 implementation of a reduced and sustainable: level of retirement benefits for all new employees of agencies in the region. ~ Each city has different histories, perspectives, and fiscal conditions; a "one size fits al[" approach may not be realistic, but ali cities in the region compete for the same employees and therefore should move in the same direction to a lower-cost benefit. ~ Each city has the legal duty to meet and confer in good faith with its recognized bargaining unit representatives concerning changes to existing terms and conditions of employment. v Every city is committed to moving toward a twro tier system for ati new contracts. Any new system or tier should be fair to employees, sustainable for taxpayers and employers, and based on objective actuarial data. Action Steps The city manager associations of Santa Clara County and San Mateo County support the statements in this document and their merr:bers pledge to work with their elected officials and labor groups to implement its principles. We further pledge to work with other city managers across the state and the League of California Cities to advocate for changes consistent with this document. ~~ ~~ Dave Anderson, SCCCMA Connie Jackson, SMCCMA Adopted Juty, 2009 3