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09.02 CalPERS Retirement Contract AmendmentTO: THRU: FROM: AGENDA ITEM April 14, 2020 Honorable Mayor and Members of the City Council Rick Otto, City Manager Monica Espinoza,Human Resources Director _.: r '' .. REVIEW: City Man 1. SUBJECT inance Ordinance No. 10-20 and Resolution No. 11220 — An Ordinance and Resolution of the City Council of the City of Orange amending its retirement contract with the California Public Employees' Retirement System (CaIPERS) to provide Section 21574 (Fourth Level of 1959 Survivor Benefits) to local miscellaneous members. 2. SUMMARY Ordinance No. 10-20 amends the City's retirement contract with CalPERS to provide Section 21574 (Fourth Level of 1959 Survivor Benefits) to local miscellaneous members. Resolution No. 11220 memorializes the City's intent to approve said contract. Details of this agreement are provided under Section 6, "Discussion and Background" below. 3. RECOMMENDED ACTION 1. Approve Ordinance No. 10-20. 2. Approve Resolution No. 11220. 4. FISCAL IMPACT Costing summary: Fiscal Year 2019-20 Cost Description for Miscellaneous General Fund First Year Employer Normal Cost 22,680 5-Year Amortization of Unfunded Liability/Excess Asset payment (Fixed for 5 years) 74,001) First Year Total Employer Cost 0 ITEM 1 04/14/2020 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community. a: Provide staffing and resources to deliver services that ensure public safety. Goal 2: Be a fiscally healthy community. a: Expend fiscal resources responsibly. 6. DISCUSSION AND BACKGROUND In August 2019, the City began the collective bargaining process with the four miscellaneous associations. The prior contract between the parties expired on December 31, 2019. In December 2019, the parties reached agreement on the terms and conditions of a new three-year labor contract that included the increase of the 1959 Survivor's third level of benefits to the fourth level (Government Code Section 21382.4) for miscellaneous members. The 1959 Survivor Benefit is available to employees who aren't covered by Social Security and is designed to provide a monthly allowance to eligible survivors of covered members who die before retirement. The following chart represents the benefit amount payable based on the number of eligible survivors: Benefit Level One Survivor Two Survivors Three or More Survivors Level 350 700 840 Level 4 950 1,900 2,280 Currently miscellaneous employees are covered under the third level. For the fourth level of 1959 Survivor Benefits, the employer cost for the program is the payment of the pool's annual employer normal cost, $5.40 per covered member per month (subject to annual change). The City will be billed annually and the normal cost will be recalculated each year. However, because the City had excess assets in the third level pool, CalPERS will amortize this excess over a period of five years. This amortization is larger than the total normal cost, which makes the City's cost zero for the first five years. After the first five years, the City is required to pay the net premium for the fourth level pool, which will vary from year to year due to investment returns and experiences by the pool. Per our agreement with miscellaneous associations, members shall pay the $2.00 employee portion, and the City shall pay the employer portion subject to the following limit: In the event the employer portion exceeds $6.00, miscellaneous members agree to pay any portion of the employer portion that exceeds $6.00. CalPERS requires two ordinance readings, this is the first, with the second to be held at the May 12, 2020 Council meeting. 7. ATTACHMENTS Ordinance No. 10-20 Resolution No. 11220 CalPERS Amendment to Contract — Exhibit Contract CalPERS Certification of Compliance with Government Code Section 7507 CalPERS Certification of Governing Body's Action ITEM 2 04/14/2020 ORDINANCE NO. 10-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ORANGE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: That an amendment to the contract between the City Council of the City of Orange and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit," and by such reference made a part hereof as though herein set out in full. SECTION II: The Mayor of the City of Orange is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION III: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this day of , 2020. Mark A. Murphy, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the day of , 2020, and thereafter at the regular meeting of said City Council duly held on the day of , 2020, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Ord. No. 10-20 2 MEB RESOLUTION NO. 11220 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ORANGE 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 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency 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. ADOPTED this day of , 2020 Mark A. Murphy, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2020 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Reso. No. 11220 2 MEB AA\f#%,* Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of A nmistration California Public Employees' Retirement System and the City Council City of Orange 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 July 1, 1958, and witnessed May 13, 1958, and as amended effective October 1, 1966, October 7, 1971, January 16, 1977, August 26, 1979, April 1, 1982, July 24, 1983, March 31, 1985, December 31, 1989, July 23, 1991, December 7, 1997, July 1, 2000, May 20, 2001, January 1, 2002, June 29, 2003, June 22, 2012 and April 15, 2018 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 15, 2018, 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 classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members and age 57 for new local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1958 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 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. 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. ELECTED OFFICIALS HIRED ON OR AFTER JUNE 22, 2012. 6. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after June 29, 2003 shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to September 30, 1971, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment on or after June 29, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service prior to September 30, 1971, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified). 8. 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). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member 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 prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law 2.7% at age 57 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). b. Section 20042 (One -Year Final Compensation) for classic members only. C. Section 20903 (Two Years Additional Service Credit). d. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21354 (2% @ 55 Full and Modified) for local miscellaneous members. From and after December 7, 1997 and until July 1, 2000 the miscellaneous employees of Public Agency shall be assessed an additional 4% of their compensation for a total contribution rate of 11 % pursuant to Government Code Section 20516. e. Section 21024 (Military Service Credit as Public Service). Section 21027 (Military Service Credit for Retired Persons). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 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. 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 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 miscellaneous members. b. 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 safety members. C. 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. d. 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 day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ORANGE BY ARNITA PAIGE, CHIEF PENSION CONTRACTS AND PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS ID #2643484567 PERS-CON-702A BY PRESIDING OFFICER Witness Date Attest: Clerk Ak, Ca1PERS California Public Employees' Retirement System Financial Office I Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703 888 CalPERS (or 888-225-7377) 1 TTY: (877) 249-7442 1 www.calpers.ca.gov Certification of Compliance with Government Code Section 7507 I hereby certify that in accordance with Government Code section 7507, the future annual costs as determined by the California Public Employees' Retirement System for the increase or change in retirement benefit(s) have been made public at a public meeting of the City Council of the governing body) City of Orange on April 14, 2020 which is at least two weeks prior to the adoption of public agency) (date) the Resolution / Ordinance. Adoption of the retirement benefit increase or change will not be placed on the consent calendar. Pamela Coleman City Clerk Title Date April 14, 2020 PERS-CON-12A (rev. 12/11/18) caipms California Public Employees' Retirement System Financial Office I Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703 888 CalPERS (or 888-225-7377) 1 TTY: (877) 249-7442 1 www.calpers.ca.gov Certification of Governing Body's Action I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the governing body) City of Orange public agency) on April 14, 2020 date) Pamela Coleman City Clerk Title PERS-CON12 (rev. 1/22/19)