RESOLUTION NO. 2023-04
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF
THE CITY OF STANTON
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 to 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 20503 (Removal of the Contract Exclusion of “Hourly Employees”); and to provide for the exclusions of Intern, Park Ranger, Recreation Leader, and Senior Recreation Leader, prospectively from the effective date of this amendment to contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AS FOLLOWS:
SECTION 1: The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 2: The City Council 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.
Attachment: D
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RESOLUTION NO. 2023-04
ADOPTED, SIGNED AND APPROVED this 14th day of February, 2023.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-04 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on February 14, 2023, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
A
CalPERS
EXHIBIT
California
Public Employees' Retirement System
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AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Stanton
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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 December 31, 1967, and witnessed November 27, 1967, and as amended effective July 1, 1971, July 1, 1973, November 1, 1977, October 19, 1980, June 14, 1985, June 23, 1985, October 1, 1996, August 15, 1999, July 8, 2007, and August 28, 2011, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective August 28, 2011, and hereby replaced by the following paragraphs numbered 1 through 17 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 in the miscellaneous classification on or prior to August 28, 2011, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after August 28, 2011, age 62 for new local miscellaneous members, age 55 for classic local safety members, and age 57 for new local safety members.
Exhibit: A
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PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement System from and after December 31, 1967, 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 (CalPERS) and its trustees, agents and employees, the CalPERS 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-CalPERS 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 differen't than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CalPERS 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"
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. APPOINTIVE MEMBERS OF ALL COMMISSIONS ANO BOARDS;
b. CITY TREASURER (HONORARY);
c. VOLUNTEER PERSONNEL;
d. RESERVE PERSONNEL;
e. ELECTED OFFICIALS (WHICH MEANS "CITY COUNCIL
MEMBERS") FROM DECEMBER 31, 1967, THROUGH OCTOBER
31, 1977, AND ELECTED OFFICIALS ENTERING OFFICE ON OR
AFTER JUNE 14, 1985; ANO
f. INTERN, PARK RANGER, RECREATION LEADER, ANO SENIOR
RECREATION LEADER PROSPECTIVELY FROM THE
EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT.
6. Removal of the exclusion of "Hourly Employees," pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership.
7. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member entering membership in the miscellaneous classification on or prior to August 28, 2011, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1971, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). .
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 August 28, 2011, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 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 shall be determined in accordance with Section 21366 of said Retirement Law (Onehalf pay at age 55 Full).
11. 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(b) of said Retirement Law (2% at age 57 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
12. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
b. Section 21572 (Increased Level of 1959 Survivor Benefits). c. Section 20503 (To Remove the Exclusion of "City Attorney," prospectively from October 1, 1996).
d. Section 20042 (One-Year Final Compensation) for those classic local miscellaneous members entering membership on or prior to August 28, 2011.
e. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after August 28, 2011. f. Section 20503 (To Remove the Exclusion of "Hourly Employees," prospectively from the effective date of this amendment to contract).
13. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on October 19, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Gqvernment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.
14. 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.
15. Public Agency shall also contribute to �aid Retirement System as follows:
a. 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.
b. 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.
16. 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.
17. 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 b�ective on the day of
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BOARD OF ADMINISTRAT.l)N CITY COUNCIL
PUBLIC EMPLOYEES' ��REMENT SYSTEM CITY OF STANTON ./<,
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BY �
MELODY BENA ES, CHIEF
PENSION CO CTS AND PREFUNDING
PROGRAM VISION
PUBLIC ='LOYEES' RETIREMENT SYSTEM
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AMENDMENT CalPERS ID #1012157360
PERS-CON-702A
Wit�l Date
� A1est:
Clerk