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HomeMy WebLinkAboutAgenda Packet - May 29, 1991 - CC AG TEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 41107 FROM: HENRY GARCIA, ASSISTANT CITY ADMINISTRATOR : - VIA: GEORGE CASWELL, CITY ADMINISTRATORA DATE: MAY 29, 1991 SUBJECT: AMENDMENT TO PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT INCLUDING OPTIONAL MEMBERSHIP FOR PART- TIME EMPLOYEES, SECTION 20365, PUBLIC EMPLOYEES RETIREMENT LAW BACKGROUND Effective July 1, 1991, Section 11332 of the Omnibus Budget Reconciliation Act of 1990 (OBRA) requires Social Security coverage be extended to all state and public employees who are not actually participating in a retirement system. Full Social Security coverage includes both the tax for the Old Age Survivors and Disability Insurance (OASDI) programs and Hospital Insurance (HI) known as Medicare. Under prior law, generally the employment of non Public Employees' Retirement System (PERS) employees was not treated as employment for purposes under FICA. Accordingly, there was no funding contribution for retirement of this employee group by public sector employers. OBRA, 1990, amends prior law to expand the definition of employment to bring under FICA those public sector employees who are "not members of a retirement system. " Accordingly, all services performed by affected employees will be subject to Social Security coverage (taxation) after July 1, 1991. Coverage under a retirement system will exempt employees from mandatory Social Security participation. However, PERS will be required to meet minimum contribution and budget level standards as proposed by Department of Treasury and Internal Revenue (IRS) . On April 10, 1991, the proposed regulations and revenue procedures were issued and represent a precedent by the federal government in establishing such standards. As such, public plans must meet these tests if the Social Security tax is to be avoided. A retirement system is defined as a pension, annuity, retirement, or similar fund or system established by a state or political subdivision thereof. If no alternative retirement plan is established by the City for its non-PERS employees, total wages by this employee group will be subject to FICA withholdings. It is important to know that no such grandfather rule was provided under the new law. Thus, non- PERS employees will be subject to Social Security taxes regardless of when the employee wa hired. /!&'4 TO: HONORABLE MAYOR AND CITY COUNCIL PAGE 2 MAY 29, 1991 In an effort to avoid mandatory Social Security coverage for hourly employees, staff is prepared to offer to the City Council the following findings and recommendations. FINDINGS The current contract between the City and the Public Employees Retirement System (PERS) provides membership for part-time employees whose position requires service for at least an average of 20 hours a week (Section 20334 (b) of the California Public Employment Retirement Law) . The City also employs part-time (less than 20 hours per week) , seasonal, and temporary staff who are not eligible for PERS membership. RECOMMENDATION It is recommended that the City Council approve the amendment to the contract between the City and PERS incorporating Section 20365 of the Public Employees Retirement Law. This amendment provides an optional election of membership for employees who work less than 20 hours per week. The schedule for amending the PERS contract is as follows: June 3 Council adopt resolution of intent to amend the PERS contract. June 17 Council conducts first reading of an ordinance amending the PERS contract. July 1 Council conducts final reading of an ordinance and adopts urgency ordinance amending the PERS contract. July 2 Amendment effective. It is important to note that this amendment will assist us in complying with the new law; however, it does not cover seasonal or temporary employees, and PERS Law does not make provisions to cover the aforementioned employees. Staff will be presenting recommendations at the June 17 Council meeting addressing retirement coverage for these employees. djw attachment: Resolution of Intention to Approve An Amendment to Contract Between the City and the Board of Administration of PERS. . . Proposed Amendment RESOLUTION NO: RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF AZUSA 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 and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure 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 20365 (Optional Membership for Part- Time Employees) for local miscellaneous members and local safety members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Azusa does hereby give notice of intention to approve an amendment to the contract between the City and the Public Employees' Retirement System, a copy of said amendment being attached hereto as Exhibit A and by this reference made a part hereof. ADOPTED AND APPROVED THIS 3rd day of June, 1991. MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting hereof held on the 3rd day of June, 1991, following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK * * * COPY * * * AMENDMENT TO CONTRACT BOARD BETWEEN OF ADMINISTRATION �r`0i OF THE /1/0`r PUBLIC EMPLOYEES' RETIREMENT SYSTEM �J�r► AND THE t.'V ► CITY COUNCIL t' OF THE i;' • ti CITY OF AZUSA + (Exhibit A) ��� The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1949, and witnessed December 20, 1948, and as amended effective July 1, 1956, September 1, 1958, March 2, 1959, May 1, 1960, September 3, 1967, December 22, 1968, July 15, 1973, April 20, 1975, January 18, 1981, July 1, 1984, January 12, 1986, February 7, 1988 and November 27, 1988, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed • effective November 27, 1988, and hereby replaced by the following paragraphs numbered 1 through 14 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 60 for local miscellaneous members, age 55 for local fire members and age 50 for local police members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1949 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. 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) . 4. 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: NO ADDITIONAL EXCLUSIONS * * * COPY * * * PLEASE DO NOT SIGN "EXHIBIT ONLY" 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13 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, and prior to March 31, 1975, termination of Social Security, for members whose service has been included in Federal Social Security (2% at 60 Full and Modified) . 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21252.1 of said Retirement Law (One-half pay at age 55 Full) . 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full) . 9. Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance) . b. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. c. Section 20024.2 (One-Year Final Compensation) for local police members only. d. Section 20365 (Optional Membership for Part-Time Employees) . 10. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on November 27, 1988. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 11. 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. 12. Public Agency shall also contribute to said Retirement System as follows: * * * COPY a. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 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 and local police members. b. A reasonable amount, as fixed by the Board, payable in one in- stallment 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 in- stallment 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. 13. 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. 14. 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 diregk payments between the employee and the Board. B. This amendment shall be effegve on the day of 9 BOARD OF ADMINISTRATION � CITY COUNCIL PUBLIC EMPLOYEES' RETIREMpf. SYSTEM OF THE 4 CITY OF AZUSA -. e'7 BY BY e_1\• CHIEF, CONTRAC4SERVICES DIVISION Presiding Officer PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date 1~ Attest: 45© Clerk PERS-CON-702 (AMENDMENT) (Rev. 3/91)