CC Resolution 2012-054RESOLUTION NO.2012 — 064
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIFORNIA, TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF LA QUINTA
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) is applicable to local miscellaneous members entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract.
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 A' and
by this reference made a part hereof.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of October, 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
Resolution No. 2012-054
COWERS Contract Amendment 2013
Adopted: October 2, 2012
Pape 2
SUSAN MAYSELS, City Clerk
City of La Quinta, Califomia
(CITY SEAL), j
APPROWD_AS TO FORM:
M. KA I HERINE J ON; City Attomey
City of La Quin alifomia
Am -
Gall'
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 La guinta
The Board of Administration. Caidornia Public Employees' Retirement: System,
hereinafter referred to as Board, and the governing body of to above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
December 16, 1983, and witnessed November 1, 1983, and as amended effective
November 12, 1088, November 2. 1990, January 18, 1991, November 1, 1991, June 7.
2002 and December 15, 2003 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as Iblowc.
A. Paragraphs 1 through 12 are hereby eMdwn firom said conbrad as wmaited
effective December 115, 2003, and hereby replaced by the following paragraphs
numbered I through 14 inclusive'
I All words and terms used herein which are defined in the Public
Effiployees' Retirement Law shall have the meaning as defined therein
union otherwise specifically provided_ "Normal retirement agen 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 oDntnvA and age 60 for local miscellaneous members
entering membership for the first time In the miscellaneous clandication
after the effective data of this amendment to contract.
2. Public Agency shall pard*ate in the Public Employees' Ret Wwd
System from and after December 16, 1983 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 corg agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, whfeb 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 (CalPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees" Retirement Fund from any clasps,
demands, actions, losses, Craeilitiees, 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 Agencys 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 Agencys prior non-CaIPERS retirement program.
(b) Public Agencys election to amend this Contract to. provide
retirement benefit$, provisions or formulas that are didFeient than
existing retirement benefits, provisions or formulas.
(c) Public AgenWe agreement with a third party other than
CaiPERS to provide retirement benefits, provisions, orfor mulse
that are ditnMt than the retirement benefits, provisions or
formulas provided under this contract and provided for under
the Cakffomia Public Empbyess' Retirement law.
(d) Public Agencys election to fie forbankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agamcys election to raged this
Contract with the CWPERS Board of Administration purstrarn to
section 365. of Title 11. of the United States Bankruptcy Code
or sny similar provision of law.
(e) Public Agenc/s election to assign this Contact without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contracteither voluntarily by request of
Public Agency or involuntarily pursuant to the Public Errt k"W
Retirement Law.
(g) Changes sponsored by Public Agency in a)dsting retirement
benefits. provisions or formulas made as a t+esult of
amendments. additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the kWMng classes shall become
members of said Retiremant System except such in each such dais as
are excluded by raw or this agreement
a. Employees other than local safety members (herein refensd 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 shell not become
members of said Retirement System:
a. SAFETY EMPLOYEES.
6. 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 15, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2%at age 55 Full).
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 an or after December 15, 2003 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 21354.4 of said Retirement Law (25% at age 55 FuIQ.
a. The parcentage of final compensation to be provided for each year of
credited curie t service as a local miscellaneous 'member entering
membership for the fast 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
9. Public Agency elected and eled8 to be subject to the follaMng optional
provisions:
a. Section 20938 (Limit Prior Service to Members Employed on
Contract Date).
b. Section 21573 (Third Level of 1959 Survivor Benefits).
d Section 20042 (One -Year Final Compensation).
d. Section 21024 (Military Service Credit as Pubic Service)
e. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members
'entering membership for the brat time In the miscellaneous
classification after the effective dabs of this amendment to contract,
10. Public Agency, in accordance with Govemment Code Section 20834, shall
not be considered an 'employ for purposes of the Pubic Employees'
Retirement Low. Contributions of the Pubic Agency shall be foxed and
determined as provided In Government Code Section 20834. and such
contributions hereafter made shall be held by the Board as provided. In
Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contrtuions .
determined by actuarial valuations of prior and future service Ifabiigy with
reaped to local miscellaneous members of said Retirement System.
12. Pubic Agency shalt 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
Low. (Subject to annual charge.) in addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a.
single account, based on term Insurance rates, fo' survivors of all
local miscellaneous members.
b. A reasonable amount, as fined by the Board, payable in one
installment within 60 days of date of oonbvd to cover the costs of
administering said System as it affects the employees of Pubic
Agency, not Including the costs of special valuations or of the
periodic Investigation and valuations required by law.
a A reasonable amount, as finned by the' Board,: payable in one
installment as the occasions arise, to cover the costs of special
valuations On account of employees of Pubic Agency, and costs of
the periodic Investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shad be
subject to adjustment by Board on account of amendments to the Pubic
Employees' Retirement law, and on account of the e>gerience under the
Retirement System as determined by the periodic Investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and It .employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
and 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
oonnedion 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 LA QUINTA
BY BY
KAREN DE FRANK, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest
Clerk