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HomeMy WebLinkAboutPOA, PMA, MSOA aka MSMA, HBFA, FMA, MEO, MEA, Non-Associated Non Represented - 2009-03-16 Council/Agency Meeting Held: o Deferred/Continued to: X'Appr ed ❑ Conditionally Approved ❑ Denied City Cl- Is Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City ncil Members SUBMITTED BY: Fred A. Wilson, ;ty Ad m' a PREPARED BY: Michele Carr, Di r Dan Villella, Finan a irector SUBJECT: Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units jEt:at,m`ent Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action: Motion to: Adopt the following Resolutions: Resolution No.2009-12 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Officers' Association (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 20ng-I 4 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No.2nng-1� A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Municipal Employees' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non-Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CaIPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CaIPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CalPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CaIPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not Applicable Attachment(s): o - . ® - . o 1. LIST OF RETIREMENT BENEFIT OPTIONS 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS'ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NON- ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. ATTACHMENT NO . 1 DECISIONS TO MAKE'dEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the"Unmodified Allowance."The Unmodified Allowance provides a monthly benefit to you that ends upon your death. MfiftioM You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump-sum or monthly benefit for a beneficiary upon your death.This section gives you an overview of various options available to jo jy 016 and�Provfd6s you at retirement. .- erfdsl .. .- Option 1 This retirement option provides a lump-sum payment of your remaining member contributions to your beneficiary after your death.The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies),and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option 1 beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W, 3, 3W, and 4 provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary' —the younger your beneficiary; the greater the reduction. If you have someone eligible for Survivor Continuance, the reduction is applied only to the option portion of your allowance. (Seepage 9 for more about Survivor Continuance.) In most cases,you may name only one beneficiary, and your designation may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or 4. However,your spouse or registered domestic partner may be entitled to a community property share Of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion.Your retirement allowance will increase to the Unmodified Allowance if. • Your beneficiary dies; or • Your non-spouse or non-domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS for 888-225-7377) www.calpers.ca.gov • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CalPERS benefits; and • You notify CalPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase tc.the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion.Your retirement allowance will increase to the Unmodified Allowance if • Your beneficiary dies; or • Your non-spouse or non-domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CAPERS with a judgment that awards you the entire interest in your CAPERS benefits; and • You notify CaIPERS of the change.. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option.There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option,you should familiarize yourself with these options by obtaining the CalPERS publication A Guide to CaIPERS Retirement Option 4.The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W. In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option 2 or 3. S CalPERS Member Publication I Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance.This is a contracted employer-paid benefit that public agency employers can offer you.This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after • retirement regardless of the retirement option you select. Who is Eligible? • e. - . e .-. • Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor . e Continuance benefit for life. (For disability retirement,you need only to have been married at retirement and remained married until the date of your death.) • Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor • . e Continuance benefit for life. (For disability retirement,you need only to have been registered as domestic partners at retirement and remained registered e •. until the date of your death.) • If you do not have an eligible spouse or registered domestic partner, your • • natural or adopted children under age 18,who have never been married,will receive this monthly benefit until marriage or age 18. A child who was .- •. disabled prior to age 18, never married, and whose disability has continued e without interruption will receive this benefit until the disability ends or until marriage. • Qualifying financially-dependent parents; if none of the above. • . • e • . oo -e o -• o- o • s e a o a •- • • o- a o- e • • - e m - o- • 888 CaIPERS (or 888-225-7377) www.calpers.ca.gov ° ATTACHMENT NO . 2 RESOLUTION NO. 2009-1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association(HBPOA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits modification, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 2009 94;&, /S 0-� poor Mayor REVIEW APPROVED: IN AND PPR City A 94trator i c r o n urces APPROVED AS TO FORM: ty Attorney 08-1783/26358 Exhibit "A", Resolution No. 2009-12 SIDE LETTER AGREEMENT--HBPOA Representatives of the Huntington Beach Police Officers Association ("HBPOA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article XI C. of the MOU between the HBPOA and City effective April 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective 1210 Zoos Article Article XI C. of the MOU between HBPOA and City is hereby deleted and replaced as follows: C. Retirement Benefits for Safety and Miscellaneous Employees — Self Funded Supplemental Retirement Benefit — In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. All unit employees hired after July 6, 1998 shall not be eligible for this benefit. For HBPOA/ Forth ty f Huntington Beach President i y Administrator Dated: 2 Oq Zbog Dated: March 4, 2009 pproved as to form: Jennifer M rath, Dated: • w - 08-1783/25949 Res. No. 2009-12 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 a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio rk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 3 RESOLUTION NO. 2009-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association(HBPMA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefit options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 th day of March , 200_9_. ayor REVIE t APPROVED: A AND RO I City f9fistrator i ctor of uman Resources AP ROVED AS TO FORM: VVY ity Attorne 26359 Exhibit "A", Resolution No. 2009-13 SIDE LETTER AGREEMENT--HBPMA Representatives of the Huntington Beach Police Management Association ("HBPMA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article III C. and Exhibit E of the MOU between the HBPMA and City effective July 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 Article III C. of the MOU between the HBPMA and the City is hereby deleted and replaced as follows: The City and the Association agree that employees hired after July 6, 1998 shall not be eligible for the "Self-Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the 2008 amendment to the Police Officers' Association 1997/2000 Memorandum of Understanding, attached hereto and incorporated herein as Exhibit E). Exhibit E, Paragraph A.2 of the MOU between the HBPMA and City effective July 1, 2006, is amended as follows: 2. Self-Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548, as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. For HBP For the Huntington Beach reside y Administrator Dated: �O Dated: March 4, 2009 Approved as to foam:: / / AeLnnifeltcGrath, City A orney AV- lo�cxl Dated: (�- 08-1783/25943 Res. No. 2009-13 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 a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-of icio erk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 4 RESOLUTION NO. 2009-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-4 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Marine Safety Officers Association(MSOA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the MSOA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the MSOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the MSOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200 9 . 94�& /S 0111 Mayor REVIE ND APPROVED: INIT D AP P OV City A nistrator . e or o a esources APP OVED AS TO FORM: I V\At-� A,�- C ty Attorney . 6� 26361 Exhibit "A" , Resolution No. 2009-14 SIDE LETTER AGREEMENT--MSOA Representatives of the Huntington Beach Marine Safety Officers' Association ("MSOA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article X A.2. of the MOU between MSOA and City effective October 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article X A.2. of the MOU between MSOA and City is hereby deleted and replaced as follows: 2. Self Funded Supplemental Retirement Benefit In the event an employee elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457 and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. For MSOAP For the Huntington Beach Pre 011 t i Administrator Dated: 12'lgl 0 Dated: March 4, 2009 Approved as to form: le"nniferath, City A r ey Aw Dated: 25955 Res. No. 2009-14 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 a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None CityUlerk and ex-officio rk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 5 RESOLUTION NO. 2009-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association(HBFA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200 9 . 9L& /S Mayor REVIEW D APPROVED: INI ND A City i strator i ctor of an Re rces APPROVED AS TO FORM: t ty Attorney, 26362 Exhibit "A", Resolution No. 2009-15 SIDE LETTER AGREEMENT-HBFA Representatives of the Huntington Beach Firefighters' Association ("HBFA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article IX A.2.a. of the MOU between the HBFA and City effective September 24, 2007. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article IX A.2.a. of the MOU between HBFA and City is hereby deleted and replaced as follows: 2. Self-Funded Supplemental Retirement Benefit: a. In the event a member elects Option #1, #2 #2W, #3, #3W or #4 of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. b. Employees hired on or after October 4, 1999, shall not be eligible for the "Supplemental Retirement Benefit" referenced in Article IX.A.2 above. For HBFA Forth f Huntington Beach President eilk Administrator Dated: «•- - a©a 8 Dated: March 4, 2009 ved as to form: �q'- enniferiMcG�rath, c'it-yt4orneyv jAkiv_1_6_cq Dated: 25957 Res. No. 2009-15 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 a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None P OF If A City Jerk and ex-officio CIVrk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 6 RESOLUTION NO. 2009-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-27 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Fire Management Association(HBFMA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFMA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: l. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBFMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200 9 . Mayor REVIE 4ND APPROVED: INI A AND P JI City AcUnistrator ctor of an Resources APPROVED AS TO FORM: G C ty Attorne 26363 Exhibit "A", Resolution No. 2009-16 SIDE LETTER AGREEMENT--HBFMA Representatives of the Huntington Beach Fire Management Association ("HBFMA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article V.D.1. of the MOU between the HBFMA and City effective July 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16 , 2008 , Article Article V.D.1. of the MOU between HBFMA and City is hereby deleted and replaced as follows: D. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self Funded Supplemental Retirement Benefit, which provides that: 1. In the event an employee elects Option #1, #2, #2W, #3, #3W, or #4 of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this Agreement. 2. Employees hired on or after August 17, 1998 shall not be eligible for this benefit. For HBFMA For trhe Huntington Beach 1qk�r k-012ymlt-� — — Pre ident y Administrator Dated: /01a Dated: March 4. 2009 Approved as to form: yn=j,� yy� nifer McGrath, City JrnkeyAAthV1,.1,�-0q Dated: 25958 Res. No. 2009-16 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 7 RESOLUTION NO. 2009-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-33 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Management) Employees Organization(MEO); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the MEO agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the MEO ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the MEO. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200 9 . Y Mayor REVIEW D APPROVED: INI D OV City VifUstrator rec r of H esources A ROVED AS TO FORM: r ity Attorney 26364 Exhibit "A", Resolution NO. 2009-17 SIDE LETTER AGREEMENT-- MEO Representatives of the Huntington Beach Management Employees Organization ("MEO") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article XI A.1.a. of the MOU between MEO and City effective December 20, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 Article XI A.1.a. of the MOU between MEO and City is hereby deleted and replaced as follows- 1. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement Law, the City shall pay the difference between such elected options and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member shall be payable by the City during the life of the member, and upon that member death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this Agreement. b. Employees hired on or after August 17, 1998 shall not be eligible for this benefit referenced in A.1.a. herein above. For MEO For ithAHuntington Beach Pr i tPitj Administrator Dated: 3—5=D 9 Dated: 3—`{--O IAppr -M/(�� en d as to form: nifer McGrath, City P41orney Dated: 3' 25966 Res. No. 2009-17 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None City Jerk and ex-officio dArk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 8 RESOLUTION NO. 2009-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-85 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Municipal Employees' Association(MEA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the MEA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the MEA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the MEA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 2009 Mayor REVIE D APPROVED: INITI D D V r City i istrator D or of urr esou es AP P VED AS TO FORM: C ty Attorney .S e 26365 Exhibit "A", Resolution No. 2009-18 SIDE LETTER AGREEMENT-- MEA Representatives of the Huntington Beach Municipal Employees Association ("MEA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article XI A.1.a. of the MOU between MEA and City effective July 1, 2007. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 Article XI A.1.a. of the MOU between MEA and City is hereby deleted and replaced as follows- 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997 are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a. In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between the employee's elected option and the unmodified allowance which the retiree would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the retiree and shall be payable by the City during the life of the member, and upon that retiree's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this Agreement. b. Employees hired on or after December 27, 1997 shall not be eligible for this benefit referenced in A.1.a. herein above. j Psiden-t A Forth ntington Beach r 1ty A ministrator Dated: �j- S- Dated: Appr ed as to form: ennifer McGrath, City 4ttey Dated: 25971 Res. No. 2009-18 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Jim Cit Clerk and ex-officio Vierk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 9 RESOLUTION NO. 2009-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NON-ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of the City of Huntington Beach adopted Resolution No. 2007-89 for the purpose of modifying the salary and benefits for Non-Associated employees (NA), NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Effective 6/16/08 , Section IV A.2. of Resolution 2007-89 between the City's Non Associated employees and the City of Huntington Beach is hereby amended to read as follows: 2. Self Funded Supplemental Retirement Benefit In the event a Non-Associated employee member elects Option 41, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member (Non-Associated employee), shall be payable by the city during the life of the member, and upon that member's death, the City's obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997. SECTION 2. Except as modified,existing benefits shall remain in effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March ,200 9 Mayor REVIE ND APPROVED: 1 INIT ND APPRO ` ;'p f City nistrator it for of Human Resources APPROVED AS TO FORM: ity Attorney e5>q 26360 Res. No. 2009-1 9 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Citif Jerk and ex-officio rk of the City Council of the City of Huntington Beach, California CAROUTING SHEET INITIATING DEPARTMENT: Human Resources SUBJECT: Side Letters for Bargaining Unit MOUs COUNCIL MEETING DATE: March 16, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable El Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION I ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) W1 ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Carr