HomeMy WebLinkAbout4143 I Ordinance No. 4143
2 AN ORDINANCE OF THE COUNTY OF BUTTE
3 An Ordinance of the Board of Supervisors of the County of
4 Butte authorizing an amendment to the contract between the Board of
5 Supervisors of the County of Butte and the Board of Administration
6 of the California Public Employees' Retirement System.
7 The Board of Supervisors of the County of Butte does ordain as
8 follows :
9 Section 1 Purpose. This ordinance is to implement Section 17 . 02 of
10 the Butte County Probation Peace Officers Association Memorandum of
11 Understanding. This section specifies that both Classic and New
12 Safety Members will contribute an additional three percent (30) of
13 pensionable compensation towards the employer' s share of CalPERS
14 contributions . This section also specifies that both Classic and
15 New Miscellaneous members will contribute an additional one percent
16 (10) of pensionable compensation towards the employer' s share of
17 CalPERS contributions . Additionally, the County is required to
18 process a CalPERS contract amendment per Section 20516 (Employees
19 Sharing Additional Cost) signifying members will now contribute
20 these additional amounts towards the employer' s share of CalPERS.
21 CalPERS requires the adoption of an ordinance authorizing the Board
22 of Supervisors to approve the contract amendment .
23 This ordinance shall not be codified.
24 Section 2 . That an amendment to the contract between the Board of
25 Supervisors of the County of Butte and the Board of Administration,
1
1 California Public Employees' Retirement System is hereby
2 authorized, a copy of said amendment being attached hereto, marked
3 Exhibit A, and by such reference made a part hereof as though
4 herein set out in full .
5 Section 3 . The Chair of the Board of Supervisors is hereby
6 authorized, empowered, and directed to execute said amendment for
7 and on behalf of said Agency.
8 Section 4 . This ordinance shall take effect 30 days after the date
9 of its adoption, and prior to the expiration of 15 days from the
10 passage thereof a summary shall be published once, in the Chico
11 Enterprise Record, a newspaper of general circulation, published
1-2 and circulated in the County of Butte and thenceforth and
13 thereafter the same shall be in full force and effect.
14 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
15 State of California, on the 24t" day of April, 2018, by the following
16 vote :
17 AYES: Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert
18 NOES: None
19 ABSENT: None
20 NOT VOTING: None
21
STEVE LANB!k�
, Chair
22 Butte County Board of Supervisors
23 ATTEST,
,SHARI MCCRACKEN, Interim Chief Administrative Officer
24 and Clerk of the Board
By: ('�
25 Deputy
4 )
2
A
AR'0,0,00'1,-
CaIPERS,
EXHIBIT A
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Board of Supervisors
County of Butte
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 April 1,
1945, and witnessed February 26, 1945, and as amended effective October 1!, 1947,
December 1, 1951, July 1, 1956, November 1, 1956, November 1, 1959, September 8,
1960, October 1, 1960, October 1, 1961, September 16, 1964, October 1, 1968, August
25, 1973, October 1, 1973, November 1, 1974, January 24, 1976, April 17, 1976,
October 30, 1976, January 1, 1980, November 22, 1980, December 14, 1985, August
22, 1987, September 1, 1990, April 1 , 2000, May 25, 2002, September 14, 2002, March
15, 2003, February 28, 2004, December 2, 2017 and March 24, 2018 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows'.
Pursuant to Government Code Sections 20460.1, 20469.1, subdivision (b), and 71624,
this contract is hereby amended to.add the Trial Court of Butte County, hereinafter
referred to as Trial Court, as a contracting party. Trial Court shall participate in the
Public Employees' Retirement System from and after the implementation date of the
Trial Court Employment Protection and Governance Act Pursuant to the terms and
conditions of this contract, making its employees 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 in this contract 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'.
PLEASE DD NOT SIGN "EXHIBIT ONLY"
A. Paragraphs 1 through 16 are hereby stricken from said contract as executed
effective March 24, 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 April 1, 1945 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
.. . ...... ........ ... .. .. We, 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.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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 Sheriffs (included as local safety members);
C. County Peace Officers (included as local safety members);
d. 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. ALL HOURLY RATED OR HOURLY BASIS EMPLOYEES HIRED
ON OR AFTER OCTOBER 1, '1968.
6. The percentage of final compensation to be provided for each year of
credited prior and current service for classic local miscellaneous members
shall be determined in accordance with Section 21354 of said Retirement
Law, subject to the reduction provided therein for service on and after
January 1, 1956, the effective date of Social Security coverage, 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 as a new local miscellaneous member
shall be determined in accordance with Section 7522.20 of said
Retirement Law (2% at age 62 Supplemental to Federal Social Security).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local fire member and as a
county peace officer shall be determined in accordance with Section
21362 of said Retirement Law subject to the reduction provided therein for
Federal Social Security (2% at age 50 Modified).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local sheriff member shall
be determined in accordance with Section 21362.2 of said Retirement Law
subject to the reduction provided therein for Federal Social Security (3% at
age 50 Modified).
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(4) of said Retirement Law
(2.7% at age 57 Supplemental to Federal Social Security).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20437 ("County Peace Officer" shall include constables,
deputy constables, marshals and deputy marshals as described in
Government Code Section 20437).
b. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
C. Section 21222.2 (One-Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20439 ("County Peace Officer" shall include county jail,
detention or correctional facility employees as described in
Government Code Section 20439).
f. Section 20440 ("County Peace Officer" shall include bailiffs as
described in Government Code Section 20440).
g. Section 21319 (One-Time 15% Increase for Local Miscellaneous
Members Who Retired or Died Prior to July 1, 1971). Legislation
repealed said Section effective January 1, 2002.
h. Section 20436 ("County Peace Officer" shall include employees of
a sheriff's office who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
.... .... ... . ..... ..
local safety members) on and until May 25, 2002.
. ........
i. Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
j. Section 21326 (One-Time 1% to 7% Increase For Local
Miscellaneous Members Who Retired or Died Prior to July 1, 1974).
Legislation repealed said Section effective January 1, 2002.
�C. Section 20042 (One-Year Final Compensation) for classic
members only.
I. Section 20965 (Credit for Unused Sick Leave).
M. Section 20432 ("Local Sheriff' shall include any officer or employee
of a sheriff's office as described in Government Code Section
20432).
n. Section 21548 (Pre-Retirement Option 2W Death Benefit).
o. Section 21623.5 ($2,000 Retired Death Benefit).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
p. Section 20432.5 (District Attorney Investigators as "Local Sheriff").
q. Section 20438 ("County Peace Officer" shall include probation
officers, deputy and assistant probation officers, juvenile hall
employees, and persons employed as peace officers pursuant to
Section 830.5 of the Penal Code as described in Government Code
Section 20438).
r. Section 20516 (Employees Sharing Additional Cost):
From and after December 2, 2017 and until March 24, 2018, 1% for
local sheriff members in the Deputy Sheriffs Association-General
Unit and Deputy Sheriff's Association-Management & Supervisory
Unit.
From and after March 24, 2018, 2%for local sheriff members in the
Deputy Sheriff's Association-General Unit and Deputy Sheriff's
Association-Management & Supervisory Unit.
From and after March 24, 2018, 1% for local miscellaneous
members in the Butte County Deputy District Attorney Association.
From and after the effective date of this amendment to contract, 3%
for local county peace officers in the Butte County Probation Peace
Officers Association.
From and after the effective date of this amendment to contract, 1%
for local miscellaneous members in the Butte County Probation
Peace Officers Association.
The portion of the employer's contribution that the member agrees
to contribute from his or her compensation, over and above the
member's normal contribution ("Cost Sharing Percentage"), shall
not exceed the Employer Normal Cost Rate, as that rate is defined
in the CaIPERS Actuarial Valuation for the relevant fiscal year. If
the Cost Sharing Percentage will exceed the relevant Employer
Normal Cost Rate, the Cost Sharing Percentage shall automatically
be reduced to an amount equal to, and not to exceed, the Employer
Normal Cost Rate for the relevant fiscal year.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
January 24, 1876. 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.
4
14. Public Agency shall also contribute to said 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.
15. Contributions required of Public Agency and its employees shalt 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 BOARD OF SUPERVISORS
PUBLIC EMPLOYEES' RETIRI�I NT SYSTEM COUNTY OF BUTTE
BY dY
ARNITA PAIGE, CHIEF PRESIDING OFFIC
PENSION CONTRA AND PREFUNDING
PROGRAMS DIVIS
PUBLIC EMPLOY ' RETIREMENT SYSTEM. C?
O Witness D
d �
Attest: �Q
o�
ClerK
AMENDMENT CaIPERS ID#7607418484
PERS-CON-702A