2019/08/16 California Public Employees' Retirement System (CalPers) Amendment to agreement^MCaIPERS
Californ ia
Public Employees' Retirement System
E--Er*t*.___
AN/IENDN/IENT TO CONTR.ACT
Between the
Board of Administration
Calif,ornia Public Employees' Retirement Systern
and the
City Council
City of Menifee+
All words and terms used herein which are defined in the public Employees,
Retirement Law shall have the meaning as defined therein unless oihenarise
specifically provided. "Normal retirement age" shall mean age 55 for classiclocal miscellaneous members, age 62 for new local miscellaneous
members and age 57 for local safety members.
Public Agency shall participate in the public Employees, Retirement System
from and after June 8, 2009 making its employees as hereinafter provided,
members of said System subject to all provisions of the public Employeesi
Retirement Law except such as apply only on election of a contra-cting
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.
1.
2.
The Board of Administration, california public Employees' Retirement sysrem,
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 e*ective.lune g,
2009, and witnessed June 8, 2009, which provides for parlicipation of public Agency in
said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective June 8, 2009, and hereby replaced by the following paragraphs numbered
1 through 13 inclusive:
3 Public Agency agrees to indemnify, defend and hold harmless the California
Public Employees' Retirement System (CalpERS) and its trustees, agenls
and employees, the CaIPERS Board of Administration, and the Califbrnia
Public Employees' Relirement 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 benef its,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under the
Public Agency's prior non-Ca|PERS 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) Publlc 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.
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 Police Officers (herein referred to as local safety members);
b. Employees other than local safety members (herein referred to as
local miscellaneous members).
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 lawsor regulations. lf such a determination is contemplated, the public
Employees' Retirement System will meet with the public Agency to discuss
the matter and coordlnate any required changes or amendments to the
contract.
4.
ln 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:
6
7
o
The percentage of final compensation to be provided for each year of
credited prior and current service as a classic local miscellaneous member
shall be determined in accordance with Section 21354.5 of said Retirement
Law (2.7% at age 55 Full).
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 (2Yo at age 62 Full).
The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 7522.25(d) of said Retirement Law
(2.7% at age 57 Full).
Public Agency elected and 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).
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.
Public Agency shall also contribute to said Retirement System as follows:
a,FIREFIGHTERS.
a Contributions required per covered member on account of the 195g
Survivor Benefits provided under Section 21574 ol said Retirement
Law. (Subject to annual change.) ln 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 and local safety members.
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.
o
10.
11.
b
12.
c. A reasonable amount, as f ixed 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.
Contributions required of Public Agency and its employees shall be subjectto ad.iustment by Board on account of amendments to the pu-blic
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.
BY
ARNITA PAIGE, CHIEF
PENSION CONTRACTS AND PREFUNDING
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIBEMENT SYSTEM
BY
PRESIDI ICER
Zo tfl
Witness ate
Attest:
Cle
AMENDMENT CaIPEBS lD *1738941900
PERS.CON.7O2A
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 conlributions refer or as may be prescribed by
Board regulation. lf more or less than the correct amount of contributioni
is paid for any period, proper adjustment shall be made in connection wilh
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. Thisamendmentshan be effective onme fitd^v ot fuqA f*, ZO/a.
13.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTETM CITY OF MENIFEE