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HomeMy WebLinkAbout05.K- Authorization of Contract with California Public Employees' Retirement System 5,K RESOLUTION (ID # 4354) DOC ID: 4354 D CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Nita McKay M/CC Meeting Date: 03/21/2016 Prepared by: Veronica Martinez, (909) 384-5242 Dept: Finance Ward(s): N/A Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing a Contract with California Public Employees' Retirement System. (#4354) Current Business Registration Certificate: Not Applicable Financial Impact: The annual lump sum payment in the amount of$259,164 will be included on the Successor Agency's Recognized Obligation Payment Schedule (ROPS) for payment. The previous years' CaIPERS payments have been approved by the California Department of Finance. Motion: Adopt the Resolution. Synopsis of Previous Council Action: February 1, 2016 - Resolution 2016-14 was adopted. Background: On November 16, 1981, active employees with the San Bernardino Redevelopment Agency and active employees with the City of San Bernardino Community Development Department merged into the Community Development Commission of the City of San Bernardino ("Commission"). The Commission subsequently entered into a new California Public Employees' Retirement ("CaIPERS") Contract at the 2% @ 60 retirement formula for active employees of the merged Commission. The effective date of the new contract was August 1, 1982. On July 1, 2001, the 1982 Commission/CaIPERS Contract ("1982 Contract") was amended to the 2% @ 55 formula. On April 21, 2003, the Commission adopted the Final Resolution, with an effective date of July 1, 2003, to further amend the 1982 Contract to provide the 3% @ 60 retirement formula for active (as of that date) Commission employees, with a twelve-month final valuation. On February 1, 2016, the Mayor and Common Council, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, adopted Resolution No. 2016-14 approving a Resolution of Intention to approve a contract between the Board of Administration California Public Employees' Retirement System and the Mayor and Updated: 3/17/2016 by Georgeann "Gigi" Hanna D I Packet Pg. 324 4354 Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino. Current Issue: Pursuant to Health and Safety Code ("HSC") § 34172 (a)(1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, on January 9, 2012 the Mayor and Common Council of the City of San Bernardino elected to serve as the Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency"). Staff was recently notified by CaIPERS that a new contract is necessary to clarify its relationship with the Successor Agency. On February 1, 2016, the Mayor and Common Council, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approved a Resolution of Intention to merge the CaIPERS contract of the former Economic Development Agency into a new contract with the Successor Agency to the Redevelopment Agency of the City of San Bernardino. This action merely changes the name on the agreement from the Economic Development Agency to the Successor Agency. The new contract will be merged with the existing contract, continuing the existing contract with the current CaIPERS formula of 3% @ 60. The contract includes an employee contribution of 8% and an employer contribution of 12.764%. The new contract will also incorporate the provisions of the Public Employees' Pension Reform Act ("PEPRA") which became effective January 1, 2013. New employees hired on or after January 1, 2013 will be covered by the new retirement formula of 2% @ 62, with a three-year final compensation valuation, and equal sharing of normal costs between employees and employers. Currently, the Successor Agency has only one active employee vested under the 1982 Contract. No new additional employees will be added to this existing 1982 Contract as amended on July 1, 2003. Additionally, any former Commission/EDA employee who qualifies, but has not yet retired, will also continue to be vested under the 1982 Contract. The current Successor Agency employee is also covered under 1959 Survivor Benefits, which will continue under the new Successor Agency/CaIPERS Contract. Upon adoption of the Resolution of Intention by the Mayor and Common Council, an employee election was conducted with a unanimous vote to approve the contract merger. Results of the election were certified and submitted to CaIPERS. Adoption of the attached resolution is the final action needed to complete the contract with CaIPERS. City Attorney Review: Supporting Documents: Reso City Contract wity CaIPERS(DOC) PERS Contract (PDF) Reso 2016-14 (PDF) PERS Resolution Authorizing Contract (PDF) Updated: 3/17/2016 by Georgeann "Gigi" Hanna D Packet Pg.325 5.K 4354 PIERS Certification of Final Action of Gov Body (PDF) i 1 Packet Pg. 326 Updated: 3/17/2016 by Georgeann "Gigi" Hanna D i 5.K.a x I RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A 5 CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM y L 6 WHEREAS, the Public Employees' Retirement Law provides for the participation of a o U 7 Public Agency in the California Public Employees' Retirement System, making its employees w a 8 members of said System; and Q U 9 10 WHEREAS, the Mayor and Common Council of the City of San Bernardino, acting as the a 11 Successor Agency to the Redevelopment Agency of the City of San Bernardino, on February 1, o a� 12 2016 adopted Resolution 2016-14, giving notice of intention to approve a contract providing for 13 such participation; and o w 14 v WHEREAS, the employees of said public agency, whose memberships in said Retirement M 15 16 System are contemplated, have approved said participation, by majority vote; w CL 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON lg COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR 3 AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 19 BERNARDINO,AS FOLLOWS: 0 20 Section 1. That a contract between the Mayor and Common Council of the City of San r U 21 Bernardino acting as the Successor Agency to the Redevelopment Agency of the City of San 22 Bernardino and the Board of Administration, California Public Employees' Retirement System is 23 E hereby authorized, a copy of said contract being attached hereto as Exhibit "A" and by such 24 Q 25 reference made a part hereof as though herein set out in full; and 26 Section 2. That the presiding officer of said governing body is hereby authorized, 27 empowered and directed to execute said contract for and on behalf of said public agency. 28 1 -Packet Pg. 327 " 5.K.a 1 Section 3. This Resolution shall take effect upon its adoption and execution in the 2 manner as required by the City Charter. 3 4 5 L 6 0 U 7 CO w a. 8 Q U 10 L 0 11 N a� 12 CO 13 w 14 LO `w" 15 N 16 w a 17 U 18 �a c 19 U 20 U 21 m 22 a� 23 E U 24 25 26 27 28 2 Packet Pg. 328 5Xa' 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE `' .. 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A 3 CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor 5 Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held U P 6 on the day of March, 2016, by the following vote, to wit: 0 U N 7 Council Members Ayes Nays Abstain Absent W 8 MARQUEZ Q U 9 BARRIOS 10 VALDIVIA L 11 SHORETT a� 12 NICKEL U) 13 RICHARD a 0 14 MULVIHILL w v LO M 15 U) 16 Georgeann Hanna, City Clerk a �a 17 The foregoing Resolution is hereby approved this day of March, 2016. 18 19 0 20 R. Carey Davis, Chairman Successor Agency to the Redevelopment Agency v 21 of the City of San Bernardino 22 23 Approved as to Form: _ Gary D. Saenz, City Attorney 24 25 By: 26 27 28 3 Packet Pg. 329 43WWOD SU3d -1V3 Ac)u96y aossa:)onsiva3 b5£V) PeAu03 SUEld :1u8wt13e Uy .j' U CAPERS i California a Public Employees' Retirement System CONTRACT Between the Board of Administration California Public Employees ' Retirement System and the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Successor Agency to the Redevelopment Agency of the City of San Bernardino In consideration of the covenants and agreement hereafter contained and on the part of both parties to be kept and performed, the governing body of above public agency, hereafter referred to as "Public Agency", and the Board of Administration, Public Employees' Retirement System, hereafter referred to as "Board", hereby agree as follows: 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after 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. (13WWOO SU3d lV:D Aou96V joss9oonS/VC]3 : tiSEt,) 43WWo3 S213d luaua43e;4v M Y M a� o. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its a 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) 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. Employees other than local safety members (herein referred to as local miscellaneous members). 5. Any exclusion(s) shall remain in effect until such time as the Public Employees' Retirement System determines that continuing said exclusion(s) would risk a finding of non-compliance with any federal tax laws or regulations. If such a determination is contemplated, the Public Employees' Retirement System will meet with the Public Agency to discuss the matter and coordinate any required changes or amendments to the contract. 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. SAFETY EMPLOYEES. (13ea;u03 SN9d -IVO /(au96V aossaaanS/H03 : VGEO 4OWWOO S213d :IuawLI3ePV N' Z1° ch M Cb IL 6. This contract shall be a continuation of the benefits of the contract of San Bernardino Economic Development Agency, herein after referred to as a ,.. "Former Agency". The accumulated contributions, assets, and liability for prior and current service under Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred on February 1, 2012. a. All benefits provided under this contract shall apply to all past service for former employees of the San Bernardino Economic Development Agency. 7. The contract of San Bernardino Economic Development Agency shall be a continuation of the benefits of the contract of Redevelopment Agency of the City of San Bernardino between August 1, 1982 and prior to the effective date of this contract pursuant to Section 20508 of the Government Code, Redevelopment Agency of the City of San Bernardino having ceased to exist and succeeded by San Bernardino Economic Development Agency on August 1, 1982. San Bernardino Economic Development Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the contract of Redevelopment Agency of the City of San Bernardino with respect to its employees. 8. San Bernardino Economic Development Agency and the City of San ` ,. Bernardino have agreed to a merger of the redevelopment function of the contract of City of San Bernardino into the contract of San Bernardino Economic Development Agency. The contract of San Bernardino Economic Development Agency shall be a continuation of the contract of City of San Bernardino between August 1, 1982 and prior to the effective date of this contract, with respect to the Redevelopment function, pursuant to Section 20508 of the Government Code. San Bernardino Economic Development Agency, by its contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the contract of City of San Bernardino with respect to its employees performed redevelopment function. Such merger is effective as of August 1, 1982. a. Service performed for the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino prior to August 1, 1982 shall be subject to the terms and conditions of the City of San Bernardino's contract as they were in effect at that time in addition .to the benefits provided in San Bernardino Economic Development Agency's contract. Service performed on and after August 1, 1982 and prior to the effective date of this contract shall be subject to the terms and conditions of the San Bernardino Economic Development Agency's contract. For purposes of computing retirement allowances, separate calculations shall be made for services performed under each contract. W WOO SN3d Td:D Aou96d iossaoonS/V(13 : ti5£V) ;oWWOO SN3d :;uauayoe};d ,M M M a1 9. The percentage of final compensation to be provided for each year of a credited current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law a (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 miscellaneous in employment before and not on or after July 1, 2003 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 11. 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 July 1, 2003 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 12. Public Agency elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation) for classic local miscellaneous members only. b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). 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 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. (;yea;uOO SU3d -1V0 Aou96V iossaoonS/VC13 : VMI) 13ea;u03 SU3d :1u8uay0e;1V M 15. Contributions required of Public Agency and its employees shall be a subject to adjustment by Board on account of amendments to the Public lid Employees' Retirement Law, and on account of the experience under the a 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. BOARD OF ADMINISTRATION MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PUBLIC EMPLOYEES' RETIREMENT SYSTEM SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BY BY RENEE OSTRANDER, CHIEF PRESIDING OFFICER EMPLOYER ACCOUNT MANAGEMENT DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk NEW AGENCY CaIPERS ID#1122763437 PERS-CON-702N 5.K.c RESOLUTION NO. 2016-14 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A RESOLUTION OF INTENTION TO APPROVE A CONTRACT 4 BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC 5 EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR 6 AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 7 BERNARDINO. 0 g WHEREAS, on February 1, 2012 the Redevelopment Agency of the City of San Cn W W 9 Bernardino was dissolved pursuant to Health and Safety Code ("HSC") section 34172 (a)(1), 10 a U and 11 12 WHEREAS, the City received notification by Ca1PERS that a new contract is a `0 13 necessary to clarify its relationship with the Successor Agency, U 14 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 0 15 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR w AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN Itt 16 BERNARDINO AS FOLLOWS: M 17 SECTION 1. The City Manager of the City of San Bernardino acting as the 18 0 Executive Director of the Successor Agency is hereby authorized and directed to approve c 19 20 the Resolution of Intention to approve a contract between Ca1PERS and the Mayor and m 21 Common Council of the City of San Bernardino acting as the Successor Agency to the 22 Redevelopment Agency of the City of San Bernardino Successor Agency to the Q 23 Redevelopment Agency of the City of San Bernardino, a copy of which is attached hereto 24 25 as Exhibit "A". 26 SECTION 2. The authorization granted hereunder shall expire and be void and of no 27 further effect if the Resolution of Intention is not issued within sixty (60) days following the 28 effective date of the Resolution. Packet Pg. 335 5.K.c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A RESOLUTION OF 2 INTENTION TO APPROVE A CONTRACT BETWEEN THE BOARD OF 3 ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 4 AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 L and Common Council of the City of San Bernardino acting as the Successor Agency to the 0 8 u, 9 Redevelopment Agency of the City of San Bernardino at a joint regular meeting thereof, held w a J 10 on the I"day of February, 2016, by the following vote, to wit: � a U 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 a MARQUEZ X 13 BARRIOS X 14 a 15 VALDIVIA X 16 SHORETT X 17 NICKELS X 18 JOHNSON X N 19 MULVAHIL X 20 21 E Georgeawf Hanna, C ', City Clerk 22 �. a The foregoing Resolution is hereby approved this day of February, 2016. 23 f� 1 24 - 25 R. Carey Daeermardino, Mayor City of San 26 Approved as to form: 27 Gary D. Saenz, City Attorney 28 By: FPacket Pg. 336 (;oea;uoO SU3d -lVO Aou96V aosseoonS/Va3 : VSEV) joea;uoo 6uiziiog1nV uoi;nlosON SN3d :Juauayoe;;V ti .a eh Y M ui a w m SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO a RESOLUTION AUTHORIZING A CONTRACT No. WHEREAS, the Public Employees' Retirement Law provides for the participation of a Public Agency in the California Public Employees' Retirement System, making its employees members of said System; and WHEREAS, the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino of the Successor Agency to the Redevelopment Agency of the City of San Bernardino on I , adopted a Resolution giving notice of intention to approve a contract providing for such participation; and WHEREAS, the employees of said public agency, whose memberships in said Retirement System are contemplated, have approved said participation, by majority vote; NOW, THEREFORE, BE IT RESOLVED, that a contract between the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino of the Successor Agency to the Redevelopment Agency of the City of San Bernardino and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said contract being attached hereto and by such reference made a part hereof as though herein set out in full; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the presiding officer of said governing body is hereby authorized, empowered and directed to execute said contract for and on behalf of said public agency. Adopted this day of , Presiding Officer Attest: Clerk or Secretary New Agency PERS-CON-21 (Rev. 1/98) SN9d -1d0 AouaBV.ioss9oonS1tld3 : t�SEt,) APPS noE)10 uo!;obr!eul310 u01;e31}!}Pa3 SN3d :}uauayoeJJV M Ui CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM a, Employer Account Management Division Retirement and Social Security Contracts Unit Y P.O. Box 942709 a ' Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the of the (governing body) (public agency) considered and adopted on , by an affirmative vote of a (date) majority of the members of said Governing Body, Ordinance/ Resolution No. approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said Ordinance/ Resolution in the form furnished by said Board of Administration being attached hereto. Adoption of the retirement benefit increase/change was not placed on the consent calendar. Clerk/Secretary Title Date PERS-CON-5(Rev.2/8/2016)