HomeMy WebLinkAboutCity Council - 2012-96 RESOLUTION NO 2012- 96
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH,
SETTING FORTH TERMS AND CONDITIONS OF
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS)
BENEFITS IN COMPLIANCE WITH REQUIREMENTS OF THE PUBLIC
EMPLOYEES' PENSION REFORM ACT (PEPRA)FOR NEW NON-ASSOCIATED
EMPLOYEES
WHEREAS, the State Legislature passed and the Governor of California signed
Assembly Bill 340, the Public Employees' Pension Reform Act of 2013 (PEPRA), which makes
a number of changes to the Public Employees' Retirement Law, and
WHEREAS, PEPRA requires a public retirement system to modify its retirement plan to
comply with PEPRA, and
WHEREAS, the California Public Employees Retirement System (Ca1PERS) is a public
retirement system subject to PEPRA's provisions, and
WHEREAS, the City has contracted with Ca1PERS to provide retirement benefits for its
employees, and
WHEREAS, PEPRA mandates that with respect to new members, as defined by statute,
who are lured on or after January 1, 2013, that Ca1PERS establish new retirement formulas and a
single methodology for determining the amount of a new member's retirement for its contracting
agencies (PEPRA Mandates), and
WHEREAS, the retirement formulas and methodology for calculating retirement
compensation which is set forth in City resolutions and memoranda of understanding (MOUs)
setting forth the terms and conditions of employment for City employees are different than the
PEPRA Mandates, and
WHEREAS, PEPRA provides that the PEPRA Mandates supersede the resolutions and
MOUs with respect to new members and thus, the City has no discretion as to whether to
implement the PEPRA Mandates for new members (as defined by statute) hired on or after
January 1, 2013, and
WHEREAS, pursuant to state law, the City Council establishes the compensation,
including retirement benefits, for its employees by ordinance or resolution; and
WHEREAS, the City Council of the City of Huntington Beach desires to modify salary and
benefits for non-represented employees upon adoption of this resolution,
Resolution No. 2012-96
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 Pursuant to the Public Employees' Pension Reform Act of 2013 (PEPRA) and
notwithstanding any provision of any other City Council resolution or memorandum of understanding
between the City and unrepresented employees, any new member employee, as defined by PEPRA, who
is hired on or after January 1,2013, shall be subject to the following retirement benefits
For Non-safety Employees
Government Code section 7522 20(2% @ 62 retirement formula)
Government Code section 7522 32 (final compensation rate used to calculate pension benefit is average
of member's highest annual pensionable compensation over a consecutive 36 month period)
For Safety Employees
Government Code section 7522 25 (2%@ 50 retirement formula,maximum benefit of 2 7%@ 57)
Government Code section 7522 32 (final compensation rate used to calculate pension benefit is average
of member's highest annual pensionable compensation over a consecutive 36 month period)
SECTION 2 Except as modified herein existing benefits shall remain in effect
SECTION 3 Any resolution in conflict herewith,whether by minute action or resolution of the
City Council heretofore approved, is hereby repealed
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of December,2012
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REVIE D ND APPROVED APPROVED AS TO FORM-
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INITIATE AN P VED
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Res. No. 2012-96
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven, that the foregoing resolution was passed and
adopted by the affirmative vote of at least a majority of all the members of said
City Council at an Regular meeting thereof held on December 17, 2012 by the
following vote
AYES: Sullivan, Hardy, Harper, Boardman ,Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-office Jerk of the
City Council of the City of
Huntington Beach, California