CC Resolution No. 12-131 Amendment to Contract between the Board of Administration California Public Employees' Retirement System RESOLUTION NO. 12-131
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CUPERTINO
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 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full Formula) and
Section 20037 (Three-Year Final Compensation) are applicable to local miscellaneous
members entering membership for the first time in the miscellaneous classification after
the effective date of this amendment to contract.
WHEREAS, the City of Cupertino has met with its employee groups, bargained
for and approved a new second tier retirement system with a 2% at 60 formula, three
year average, for all Miscellaneous Plan employees starting employment after
December 30, 2012, to provide a sustainable pension benefit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby gives notice of intention to approve an amendment to the contract
between the City of Cupertino 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.
Resolution No. 12-131
Page 2
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 13th day of November 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
6Ci-(t.t&. (\A/t.
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
0 �
Ca1PERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees ' Retirement System
and the
City Council
City of Cupertino
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 August
16, 1967, and witnessed July 10, 1967, and as amended effective June 1, 1973, March
1, 1974, December 22, 1976, December 18, 1978, June 17, 1981, December 30, 1981,
September 19, 1991, January 7, 1993, March 9, 2000, June 2, 2000, February 16,
2001, November 18, 2002 and December 22, 2007 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective December 22, 2007, and hereby replaced by the following paragraphs
numbered 1 through 16 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 local miscellaneous members entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract, age 60 for local miscellaneous members entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract and age 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after August 16, 1967 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 attorneys 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) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
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 California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in 1:he 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).
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. After March 1, 1974 and 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 for local miscellaneous members in
employment before and not on or after December 22, 2007shall be
determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after
December 31, 1981, the effective date of Social Security coverage, for
members whose service has been included in Federal Social Security (2%
at age 55 Full and Modified).
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members in
employment on or after December 22, 2007 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.5 of said Retirement Law, subject to the reduction provided
therein for service on and after December 31, 1981, the effective date of
Social Security coverage, for members whose service has been included
in Federal Social Security (2.7% at age 55 Full and Modified).
9. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law, (2% at age 60
Full).
10. 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 21366 of said Retirement Law
subject to the reduction provided therein for Federal Social Security (One-
half pay at age 55 Modified).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20965 (Credil for Unused Sick Leave) for local
miscellaneous members only.
c. Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From December 18, 1978 and until June 17,
1981, the normal local miscellaneous member contribution rate
shall be 3.500%. Legislation repealed said Section effective
September 29, 1980.
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978) for local miscellaneous members only.
e. Section 20042 (One-Year Final Compensation) for local
miscellaneous members entering membership on or prior to the
effective date of this amendment to contract.
f. Section 21024 (Military Service Credit as Public Service) for local
miscellaneous members only.
g. Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service) for local miscellaneous
members only.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members only.
i. Section 21583 (Additional Opportunity to Elect 1959 Survivor
Benefits) for local miscellaneous members only.
•
j. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local miscellaneous members
entering membership for the first time in the miscellaneous
classification after the effective date of this amendment to contract.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 22, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
13. 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.
14. 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 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 all
local miscellaneous 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.
15. 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.
16. 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 O d y of A>-..L,'-d- "--1-71,6e , .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CUPERTINO
BY lZ ��n BY
KAREN D FRANK, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
G r 4 X13
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS ID#5045997158
PERS-CON-702A