HomeMy WebLinkAboutOrd. 1545-2017City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1545 -2017
File Number: 17 -1026 Enactment Number: ORD 1545 -2017
AN ORDINANCE APPROVING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION,
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
AND THE CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,
IMPLEMENTING THE ABILITY FOR CLASSIC SAFETY
MEMBERS TO PAY A PORTION OF THE EMPLOYER SHARE OF
THEIR CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM PENSION COSTS.
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, on October 11, 2017, the City Council of the City of South San Francisco adopted a
resolution of intent to approve an amendment to said contract, which resolution contained a summary of
the change proposed in said contract; and
WHEREAS, the City Council of the City of South San Francisco wishes to adopt an ordinance to
approve an amendment to the contract between the Board of Administration California Public
Employees' Retirement System and the City Council, City of South San Francisco, implementing the
ability for Classic Safety members to pay a portion of the employer share of their California Public
Employees' Retirement System (CalPERS) pension costs.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described
below, the City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1. APPROVAL OF CALPERS CONTRACT AMENDMENT
The City Council hereby adopts an Ordinance approving an amendment to the contract between the
Board of Administration California Public Employees' Retirement System and the City Council, City of
South San Francisco, implementing the ability for Classic Safety members to pay a portion of the
employer share of their Ca1PERS pension costs, attached hereto and incorporated herein as Exhibit A.
The City Council also hereby authorizes the City Manager to enter into and execute the amendment to
the contract on behalf of the City Council in substantially the same form as attached hereto as Exhibit A;
to
City of South San Francisco Page 1
File Number. 17 -1026
Enactment Number., ORD 1545 -2017
make any revisions, amendments, or modifications, subject to the approval of the City Attorney, deemed
necessary to carry out the intent of this ordinance and which do not materially alter or increase the City's
obligations thereunder.
SECTION 2. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid
or unconstitutional, the remainder of this ordinance, including the application of such part or provision to
other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this ordinance are severable. The City Council of the City of South San
Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be published once, with the names of those City Councilmembers voting for or
against it, in the San Francisco Examiner, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 25th day
of October, 2017.
At a meeting of the City Council on 11/8/2017, a motion was made by Liza Normandy, seconded by
Richard Garbarino, that this Ordinance be adopted. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
/ Matsumoto, Mayor Gupta, and CouncilmemberAddiego
Attest by
A Ma nelli
Pradeep Gupta, Mayor
City of South San Francisco Page 2
EXH I BIT A
Am"
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of South San ]Francisco
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, 1945, and witnessed September 12, 1945, and as amended effective
September 1, 1949, December 1, 1953, January 1, 1960, January 1, 1963, February 1,
1967, January 1, 1968, January 1, 1969, November 1, 1973, April 19, 1974, January 21,
1977, November 11, 1977, December 19, 1980, August 23, 1985, January 23, 1987,
December 22, 1989, January 1, 1992, October 9, 1993, April 23, 1994, June 13, 1996,
May 11, 2001, November 22, 2002, January 17, 2003, December 19, 2003 and April 25,
2010 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed
effective April 25, 2010, and hereby replaced by the following paragraphs
numbered 1 through 18 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 classic local miscellaneous members entering
membership on or prior to April 25, 2010, age 60 for classic local
miscellaneous members entering membership for the first time in the
miscellaneous classification after April 25, 2010, age 62 for new local
miscellaneous members, age 50 for classic local safety members entering
membership on or prior to April 25, 2010, and age 55 for classic local
safety members entering membership for the first time in the safety
classification after April 25, 2010, and age 57 for new local safety
members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after September 1, 1945 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 attorney 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) Any dispute, disagreement, claim, or proceeding (including
without limitation arbitration, administrative hearing, or litigation)
between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to
amend this Contract to provide retirement benefits, provisions or
formulas that are different than such employees' existing
retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third parry 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.
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).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
S. 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. PERSONS WHO ARE COMPENSATED ON AN HOURLY BASIS
WHO ARE EMPLOYED JANUARY 1, 1963 OR AFTER
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment before and not on or after December 19, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
subject to the reduction provided therein for Federal Social Security
(2% at age 55 Modified and Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
in employment on or after December 19, 2003 and not after April 25, 2010
shall be determined in accordance with Section 21354.5 of said
Retirement Law subject to the reduction provided therein for Federal
Social Security (2.7% at age 55 Modified and Full).
8. The percentage of final compensation to be provided for each year of
credited current service as a classic local miscellaneous member entering
membership for the first time in the miscellaneous classification after April
25, 2010 shall be determined in accordance with Section 21353 of said
Retirement Law subject to the reduction provided therein for Federal
Social Security (2% at age 60 Modified and Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local miscellaneous member
shall be determined in accordance with Section 7522.20 of said
Retirement Law (2% at age 62 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local safety member
entering membership in the safety classification on or prior to April 25,
2010 shall be determined in accordance with Section 21362.2 of said
Retirement Law (3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of
credited current service as a classic local safety member entering
membership for the first time in the safety classification after April 25,
2010 shall be determined in accordance with Section 21363.1 of said
Retirement Law (3% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY'
12. The percentage of final compensation to be provided for each year of
credited prior and current service as a new local safety member shall be
determined in accordance with Section 7522.25(d) of said Retirement Law
(2% at age 57 Full).
13. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only.
b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
C. Sections 21624 and 21626 (Post - Retirement Survivor Allowance).
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20042 (One -Year Final Compensation). For those classic
local miscellaneous members and classic local safety members
entering membership on or prior to April 25, 2010.
f. Section 21573 (Third Level of 1959 Survivor Benefits) for local
safety members only.
g. Section 20965 (Credit for Unused Sick Leave).
h. Section 21548 (Pre - Retirement Option 2W Death Benefit) for local
fire members only
i. Section 20475 (Different Level of Benefits). Section 21353 (2%
60 Modified and Full formula) and Section 20037 (Three -Year Final
Compensation) are applicable to classic local miscellaneous
members entering membership for the first time in the
miscellaneous classification after April 25, 2010 to contract. AND
Section 20475 (Different Level of Benefits). Section 21362.2 (3%
50 Full formula) and Section 20042 (One -Year Final
Compensation) are applicable to classic local safety members
entering membership on or prior to April 25, 2010. Section 21363.1
(3% @ 55 Full formula) and Section 20037 (Three -Year Final
Compensation) are applicable to classic local safety members
entering membership for the first time in the safety classification
after April 25, 2010.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
j. Section 20516 (Employees Shadng Additional Cost):
From and after the effective date of this amendment to contract, 1 %
for classic local safety members in the International Association of
Firefighters Local 1507, South San Francisco Police Association,
Public Safety Managers group and the Executive Team group.
The portion of the employer's contribution that the member agrees
to contribute from his or her compensation, over and above the
member's normal contribution ( "Cost Sharing Percentage "), shall
not exceed the Employer Normal Cost Rate, as that rate is defined
in the CalPERS Actuarial Valuation for the relevant fiscal year. If
the Cost Sharing Percentage will exceed the relevant Employer
Normal Cost Rate, the Cost Sharing Percentage shall automatically
be reduced to an amount equal to, and not to exceed, the Employer
Normal Cost Rate for the relevant fiscal year.
14. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
November 11, 1977. 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.
15. 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.
16. 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 21573 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 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.
17. 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.
18. 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 day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SOUTH SAN FRANCISCO
BY
ARNITA PAIGE, CHIE
PENSION CONTRA AND PREFUNDING
PROGRAMS DIVISM
PUBLIC EMPLOYY' RETIREMENT SYSTEM
6
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AMENDMENT caIPERS ID #7147827092
PERS- CON -702A
BY
PRESIDING OFFICE
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Witness Date`y
Attest:
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