Loading...
6260ORDINANCE NO. 6260 A UNCODIFIED URGENCY ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the contributions required to fund the City's retirement plans represent the largest expense associated with personnel costs at the City of Anaheim; and WHEREAS, the City has an opportunity to reduce the expense of pension costs for certain Fire Public Safety Plan new hires who are not subject to the benefit formulas enacted by the California Public Employee Pension Reform Act of 2013, and has the opportunity to exclude certain limited -duration classifications from membership into the Miscellaneous Plan; and WHEREAS, with the adoption of the Memorandum of Understanding between the City and the Anaheim Fire Association ("MOU") a lower defined benefit retirement plan has been agreed upon, necessitating an amendment of the City's contract with the California Public Employees' Retirement System ("CalPERS"). This plan will apply to individuals who are laterally hired into fire classifications in the City after the effective date of the CalPERS contract amendment, and will consist of a benefit formula of 2% at age 50 with a final compensation measurement period of the average of three (3) consecutive years, and with the employee paying the full required member contribution; and WHEREAS, without this amendment, individuals hired into the City's fire service after January 1, 2013 who have recent CalPERS service credit through a prior employer will be afforded the current pension benefit formula of 3% at age 50; and WHEREAS, CalPERS has also approved a categorical exemption of the newly -created positions of Council Aide I, Council Aide II and Senior Policy Aide from CaIPERS membership, which also requires an amendment to the City's contract with CalPERS; and WHEREAS, the City Council is required to enact an ordinance that will take effect prior to December 31, 2012 in order to effectuate the above-described amendments to the City's contract with CalPERS. Without the amendment to the Fire Safety Plan, the provisions of the MOU setting forth a lower retirement benefit tier in that Plan will be null and void due to changes in the retirement law that take effect on January 1, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City of Anaheim and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, designated "Exhibit A," and by this reference made a part hereof as though set out in full. SECTION 2. The Mayor of the City of Anaheim is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to Section 65858(a) of the California Government Code and Section 511 of the Anaheim City Charter, and that the reasons for its urgency are as follows: 1. The City, like public agencies across the country, has been facing budget shortages and fiscal challenges. The contributions required to fund the City's retirement plans represent the largest expense associated with the City's personnel costs, and are a major contributor to the City's future contingent liability. The City has an opportunity to reduce pension costs in two respects. However, to do so, it must enact an ordinance amending its contract with CAPERS prior to December 31, 2012, because of the State statutes reforming the pension laws that will take effect on January 1, 2013. 2. It is in the City's interest to amend its contract with CalPERS to exclude persons in the classifications of City Council Aide I, City Council Aide II, and Senior Policy Aide hired on or after the date the contract is amended from the retirement system. Additionally, it is in the City's interest to amend the CalPERS contract to set the formula for all local fire members entering membership for the first time in the City's fire classification after the effective date of that amendment at 2% at age 50, with benefits being calculated based on an average over three years of service. CalPERS has incorporated both modifications into the current proposed contract amendment. If the change to the Fire Safety Plan is not made before December 31, 2012, fire personnel who are hired from another CALPERS member agency will be entitled to participate in the City's CALPERS retirement system under a formula of 3% at age 50. 2 3. Amending the City's contract with CALPERS to effectuate the changes set forth above is expected to result in significant future cost savings to the City. It will also further the public interest in pension reform and put the persons who will be affected by the changes at benefit levels commensurate with their positions. 4. Ca1PERS did not agree to or formulate the proposed amendment to its contract with the City until mid-November 2012. Due to the City Council's meeting schedule in November and December 2012, it was not possible to put this ordinance on the Council's regular meeting agenda for first and second readings in time to have the ordinance take effect before December 31, 2012. Accordingly, this ordinance is being passed as an urgency ordinance. SECTION 4. This ordinance shall take effect immediately as an urgency measure pursuant to California Government Code Section 65858. SECTION 5. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. (Remainder of page intentionally left blank, signatures on next page) M THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of December 2012. AYES: Council Members Brandman, Eastman, Kring and Murray NOES: Mayor Tait ABSENT: None ABSTAIN: None CIT AH M MAYOR OF THE CITY OF ANAHEIM ATTES ev"o CITY CLERK OF THE CITY OF ANAHEIM 92751 CaIPERS California Public Employees' Retirement System 400INNINNOMM EXHIBIT A AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Anaheim 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 September 1, 1950, and witnessed July 25, 1950, and as amended effective July 1, 1956, September 1, 1956, July 1, 1959, May 1, 1962, August 1, 1962, January 22, 1965, April 28, 1967, September 27, 1968, July 2, 1971, October 1,1973, December 26, 1974, May 30, 1975, June 26, 1975, June 25, 1976, May 13, 1977, January 3, 1978, April 28, 1978, September 15, 1978, February 10, 1984, November 1, 1985, May 9, 1986, August 19, 1988, January 6, 1989, May 24, 1991, June 19, 1992, August 26, 1994, July 7, 2000, July 6, 2001, October 17, 2001, July 18, 2003, October 24, 2003, June 18, 2004 and December 2, 2005 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 2, 2005, and hereby replaced by the following paragraphs numbered 1 through 16 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1950 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 the 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: a. SCHOOL CROSSING GUARDS AND PERSONS EMPLOYED TEMPORARILY IN THE PARK AND RECREATION DEPARTMENT HIRED ON OR AFTER SEPTEMBER 1, 1966; b. ADMINISTRATIVE INTERNS, EXAMINATION PROCTORS, LIBRARY PAGES, PERSONS EMPLOYED TEMPORARILY IN THE CONVENTION CENTER AND/OR STADIUM, PUBLIC WORKS DEPARTMENT, UTILITIES DEPARTMENTS, AND PERSONS EMPLOYED TEMPORARILY IN RELIEF CAPACITY HIRED ON OR AFTER APRIL 28, 1967. "TEMPORARY EMPLOYMENT" FOR PURPOSES OF THESE EXCLUSIONS SHALL BE EMPLOYMENT ON AN HOURLY, PER DIEM, PER GAME, OR PER EVENT BASIS; C. POLICE CADETS HIRED ON OR AFTER JANUARY 1, 1975; AND d. CITY COUNCIL AIDE I, CITY COUNCIL AIDE 11 AND SENIOR POLICY AIDE HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT. 6. Public Agency and the San Gabriel Valley Municipal Data System have agreed to a merger of their contracts, and this contract shall be a continuation of the benefits of the contract of the San Gabriel Valley Municipal Data System, pursuant to Section 20567.6 of the Government Code. Such merger is effective as of March 3, 1978. Public Agency, by this contract, assumes the assets and liabilities accumulated under the former contract of the San Gabriel Valley Municipal Data System. Legislation repealed said Section effective January 1, 1988. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2005 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2005 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local fire member entering membership for the first time in the fire classification after the effective date of this amendment to contract shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. C. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. d. Section 20965 (Credit for Unused Sick Leave). e. Section 20042 (One -Year Final Compensation) for local miscellaneous members, local police members and for those local fire members entering membership on or prior to the effective date of this amendment to contract. f. Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members only. Legislation repealed said Section effective September 27, 1979. g. Section 20431 ("Local Police Officer" shall include city jail, detention or correctional facility employees as described in Government Code Section 20431). h. Section 20503 (To Remove the Exclusion of "Management Intern", Prospectively from May 24, 1991). Section 21024 (Military Service Credit as Public Service). Section 21574 (Fourth Level of _1959 Survivor Benefits). k. Section 21548 (Pre -Retirement Option 2W Death Benefit). Section 21623.5 ($5,000 Retired Death Benefit). M. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21362.2 (3% @ 50 Full formula) for local police members. From and after June 18, 2004 the police employees of Public Agency shall be assessed an additional 2.5% of their compensation for a total contribution rate of 11.5% pursuant to Government Code Section 20516. n. Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local fire members entering membership for the first time in the fire 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 May 30, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Govemment 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 micellaneous 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. 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. r 9-fK -- B. This amendment shall be effective on the -4 day of MckoM $6 2 t-° VL BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITYOFANA:15 M` BY 4)�M &IA&I KAREN YEFRANK, I(=FRESID G OFFICER CUSTOMER ACCOUNT SERVICES DIVfSION,�`'` PUBLIC EMPLOYEES' RETIREMENT SYSTEM f-�-31 - I, -)- Witness Date Attest: —&,Lra /) Clerk AMENDMENT CaIPERS ID #6207170049 PERS-CON-702A CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6260 and was published in the Anaheim Bulletin on the 27'" day of December, 2012. PM4ACID CITY CLERK OF THE CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 27, 2012 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 27, 2012 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 ORDINANCE NO. 6260 A UNCODIFIED URGENCY ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CON- TRACTTHE CITY OF ANAHEIM AND TH BOARD OF EMINISTRATIION OF THE CALIFORNIA PUB- LIC EMPLOYEES' RETIREMENT SYSTEM 's retirement the largestEexpense associatedtions required to fund the w with personnel costs at the City of Anaheim; plans rpresen and WHEREAS, the City has an opportunity to reduce the expense of pension costs fo certain Fire Public Safety Plan new hires who are not subject to the benefit formulas enact ed by the California Public Employee Pension Reform Act of 2013, and has the opportunitl to exclude certain limited -duration classifications from membership into the Miscellaneou. Plan; and WHEREAS, with the adoption of the Memorandum of Understanding between tht City and the Anaheim Fire Association ("MOU") a lower defined benefit retirement plan ha: been agreed upon, necessitating an amendment of the City's contract with the Californie Public Employees' Retirement System ("CaIPERS"). This plan will apply to individuals whc are laterally hired into fire classifications in the City after t he effective date of the CaIPER: contract amendment, and will consist of a benefit formula of 2% at age 50 with a final com- pensation measurement period of the average of three (3) consecutive years, and with the employee paying the full required member contribution; and WHEREAS, without this amendment, individuals hired into the City's fire service after ed he 20have recent 13 who forma a of 3% at age 50; and a prior employer will be afforded tcurrent pension bene WHEREAS, CaIPERS has also approved a categorical exemption of the newly - created positions fCouncil Aide Council inl and i t !s memberhipwhichalso requires an amendment tothe City's contract CaIPERSand WHEREAS, the City Council is required to enact an ordinance that will take effect pri- or to December 31, 2012 in order to effectuate the above-described amendments to the City' contract with CaIPERS. Without the amendment to the Fire Safety Plan, the provi- vsionr of oid due toachannges nOU � the retiremeorth a nt law that take effect Ionser in that January 1 Plan wit 11 be null and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR- DAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City of Anaheim and the Board of Admin- istration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, designated "Exhibit A," and by this reference made a part hereof as though set out in full. SECTION 2. The Mayor of the City of Anaheim is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. The City Council declares that this ordinance is necessary as an emergency meas- ure for the immediate preservation of the public peace, health or safety pursuant to Section 65858(a) of the California Government Code and Section 511 of the Anaheim City Charter, and that the reasons for its urgency are as follows: 1. The City, like public agencies across the country, has been facing budget shortag- es and fiscal challenges. The contributions required to fund the City's retirement plans represent the largest expense associated with the City's personnel costs, and are a major contributor to the City's future contingent liability. The City has an opportunity to reduce pension costs in two respects. However, to do so, it must enact an ordinance amending its tcontract with he pension laws that will take rto December on January 1?2013ause of the State statutes reforming 2. It is in the City's interest to amend its contract with CaIPERS to exclude persons in the classifications of City Council Aide 1, City Council Aide Il, and Senior Policy Aide hired on or after the date the contract is amended from the retirement system. Additional- ly, it is in the City's interest to amend the CaIPERS contract to set the formula for all local fire members entering membership for the first time in the City's fire classification after the effective date of that amendment at 2% at age 50, with benefits being calculated based on an average over three years of service. CaIPERS has incorporated both modifications into the current proposed contract amendment. If the change to the Fire Safety Plan is not made before December 31, 2012, fire personnel who are hired from another CALIPERS member agency will be entitled to participate in the City's CALPERS retirement system un- der a formula of 3% at age 50. 3.Amending the City's contract with CALIPERS to effectuate the changes set forth above is expected to result in significant future cost savings to the City. it will also furthei the lilcommensurate with their positions. postionss who will be affected by the changes atbenefit levels 4. CaIPERS did not agree to or formulate the proposed amendment to its contrac with theCity until mid-November 2012. Due to the City Council's meeting schedule in Nc vember and December 2012, readings it was not possible to put this ordinance on the Council's rK ular and second me to have the ordinance take effec before December 31, 2012. Ac o d ngly, th sorordinance t e sbeing passed as an urgency o dinance. SECTION 4. This ordinance shall take effect immediately as an urgency measure pursuant to Ca fornia Government Code Section 65858. SECTION 5. The City Council of the City of Anaheim hereby declares that should any sectio paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declare for any reason to be invalid, it is the intent of the Council that it would have passed all oth portions of this ordinance independent of the elimination herefrom of any such portion may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of ! City of Anaheim this 18th day of December 2012. AYES: Council Members Brandman, Eastman, Kring and Murray NOES: Mayor Tait ABSENT: ABSTAIN: CITY OF ANAHEIM /s/TomTait MAYOR OF THE CITY OF ANAHEIM ATTEST: Isl Linda N. Andal �� �iry nG nrJnNFlnn