RESOLUTION 11-119
AMENDING RESOLUTION 11-094, RESCINDING ALL HEALTH AND WELFARE
BENEFITS FOR MEMBERS OF THE CITY COUNCIL, CLARIFYING THE
TERMINATION OF STATE OF CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM ("CALPERS") FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, on July 26. 2011, the City Council adopted Resolution 11-094, rescinding all Health and Welfare Benefits including retirement benefits under the State of California Public Employees Retirement System ("CalPERS") for members of the City Council as a cost savings measure; and
WHEREAS, subsequent to the adoption of the Resolution, it was determined that under Government Code Section 20502. elected officials constitute a valid group that may be excluded from a CaPERS contract; however, the exclusion is prospective only and only applies to new entrants into the position; and
WHEREAS, two Council Members who were elected to the Council in November 2010 are currently enrolled in CaPERS and cannot be terminated from the program: and WHEREAS, the three Council Members who were elected to the Council in June 2011, have chosen not to participate in the CalPERS program in the spirit of Resolution 11-094 cancelling all health and welfare benefits: and
WHEREAS, the City Council has determined it appropriate that those Members not currently enrolled in the CalPERS program be provided the opportunity to enroll in an alternative program as a stop gap measure to provide parity among Council Members until such time that the current CalPERS enrollees are no longer on the City Council and all retirement benefits can be eliminated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. The City Council hereby reaffirms it is their intent to eliminate any and all health and welfare benefits including CaPERS retirement as determined by Resolution 11-094.
2. The City Council hereby confirms that the two Council Members who are currently enrolled in CaPERS shall remain enrolled until their current term of service or any consecutive term of service is fulfilled.
3. The City Council hereby acknowledges that the three Council Members who have declined enrollment in CaPERS are still eligible to enroll in the CaPERS system though have declined to do so consistent with the intent of Resolution 11-094.
4. The City Council hereby authorizes those Council Members not currently enrolled in the CalPERS program to participate in an ICMA deferred compensation plan as a stop gap measure to provide parity among Council Members until such time that the current CaPERS enrollees are no longer on the City Council and all benefits can be eliminated.
5. Under no circumstance shail any Council Member be allowed to be enrolled in both CaiPERS retirement and ICMA deferred compensation plan.
6. At the time when no Council Member is enrolled in CalPERS retirement, the City Council hereby authorizes the City Manager to take all actions necessary to terminate he right of future members of the City Council to receive any and all health an welfare benefits including but not limited to CaPERS retirement and ICMA deferred compensation plan.
7. The monetary compensation payable to members of the City Council pursuant to Hercules Ordinance 452, as amended from time-to-time, shall remain unaffected by this Resolution.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 27° day of September, 2011 by the following vote of the Council:
AYES: Boulanger, Delgado, Romero, Wilkins, de Vera
NOES: None
ABSENT: None
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ATTEST: OF HERCU
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en Mathews, City Clerk
REC. 15.1900
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