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08-0506_OC EMPLOYEES RETIREMENT SYSTEM_Early Retirement Incentive AgrEARLY RETIREMENT INCENTIVE AGREEMENT BY AND BETWEEN THE CITY OF SAN. JUAN CAPIISTRANO AND THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM This Agreement is entered into effective the 6et of May, 2008, and is by and between the CITY OF SAN JUAN CAPISTRANO ("CITY"), a .district pursuant to Government Code Section 31557, and the ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM COCERS% a public retirement system organized and operating under the provisions of the County Employees Retirement Law of 1937 (Govt. Code Sections 31450-31899.10);. WHEREAS, the CITY wishes to offer some of its employees additional retirement service credit pursuant to. Government Code Section 31641.04'as an incentive for those employees to retire early ("Early Retirement Incentive Plan"); and, WHEREAS, under Government Code Section 31641.04, there are certain conditions that must be met before employees may receive additional retirement service credit pursuant to such statute, including the condition that the CITY must pay into the retirement fund a sum of money determined by the Hoard of Retirement of OCERS to be equal to the actuarial equivalent of the difference between the retirement aikawance the employee receives after the receipt of such additional retirement service credit and the mount the employee would have received without such service credit, and that such payment shall be made in a manner and time period mutually acceptable to CITY and the Board of Retirement of OCERS; and WHEREAS, the purpose of this agreement is to set forth the manner and time period in which the CITY will make the payments to OCERS as required by Government Carie Section 31641.04; NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN the CITY and OCERS as foilows: 1. At various times between May 20, 2008 and June 30, 2008, the CITY may offer to some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an incentive for those employees to retire. Such additional service credit shall not exceed the following amount of service credit per eligible employee. No. of Years of City Employment Completed Service Credit 5-10 years 0.5 years 11-20 years i year > 20 years 2 years 2. In granting such additional retirement service credit, the CITY will comply with all of the conditions and requirements set forth in Government Code Section 31641.04, including, but not limited to, the requirement that the Sari Juan Capistrano City Council must adopt one or more resolutions containing all of the information required by said Section 316.41.04. From and after the date of this Agreement, each resolution adopted by the CITY in connection with the Early Retirement Incentive Pian shall also state that notwithstanding any other provision of the resolution, the amount of additional retirement service credit granted to employees pursuant to such resolution will in no event cause the retirement allawance of any employee to exceed the maximum bereft allowed under Section 415 of the Internal Revenue Code (including all special Government plan limits), for participants of tax -qualified retirement plans. 3. In accordance with subsection (a)(3) of Goverment Code Section 31641.04, for each CITY employee who receives additional retirement service credit pursuant to said statute, the CITY must transfer to OCERS an amount of money determined by the Board of Retirement to be the actuarial equivalent of the difference between the retirement allowance such employee receives after the receipt of service credit under this section and the amount he or she would have received without such service credit, It is impractical to calculate this amount until after the employees who receive such additional service credit have actually retired. Therefore, the parties agree that the calculation of such amounts, and time and mariner of payment (including Interest), shall be as follows: (a) As soon as practicable after June 30, 2008, OCERS will provide its actuary with relevant information pertaining to all employees of the CITY who retired between May.20, 2008 and June 30, 2008, and who were granted additional retirement service credit pursuant to Government Code Section 31641.04. Based on the information provided by OCERS, the actuary will calculate, for each such employee, the act iarlal equivalent of the difference between the allowance the retired employee receives with such additional service credit, and the amount the retiree would have received without such service credit. (b) As soon as practicable after June 30,-2008, OCERS will provide the CITY with a statement that sets forth the amounts calculated by the actuary pursuant to the preceding paragraph, and the CITY will be obligated to pay such amount to OCERS in accordance with Government Code Section 31641.04. The CITY will pay OCERS the present value amount per the actuary calculations to be paid in full no later than December 31, 2008. Interest will accrue on all unpaid amounts from the date the employee retires until the date of payment. The Interest rate will be the same as the actuarial interest assumption rate, which is currently severs and three quarters (7.75) percent per year, but may be periodically adjusted pursuant to Government Code Section 31453 up to an amount not to exceed ten (10) percent per year., 4. If, for any reason, the CITY falls to make the payment required under this agreement on or before the date such payment is due (for any reason), the Board of Retirement of OCERS may make a demand to the CITY for immediate payment of the amount due. The CITY shall then, within 30 days, transfer the amount required to the County Advance Reserve Account of the Retirement Fund. WHEREFORE, the parties have entered into this agreement as of the date first written above. CITY SAN AIgPISTRANO ORANGE COUNTY EMPLOYEES By: Approved4as to Form: A 14 By: ity orney City of San Juan Capistrano ATTEST: Marga t R. Monahan, City Clerk By: Approved as to Form: By: (..�.. Wyne neral CounseUCERS RESOLUTION NO. 08-05-06-0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (EARLY RETIREMENT INCENTIVE AGREEMENT) (OCERS) WHEREAS, the City of San Juan Capistrano wishes to offer some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an early retirement incentive; and, WHEREAS, the City Council of the City of San Juan Capistrano determines that, because of the impending curtailment of service and/or changes in the manner of performing services, and resulting economic benefit to the City, the best interest of the City will be served by making designated members of the Orange County Employees Retirement System eligible to receive additional service credit; and, WHEREAS, the City Council of the City of San Juan Capistrano wishes to make available to members of the Orange County Employees Retirement System who are employees of the City of San Juan Capistrano and occupy the Management Analyst classification, an Early Retirement Incentive; and, WHEREAS, receipt of the additional service credit shall be subject to the conditions set forth in the Early Retirement Incentive Agreement between the City of San Juan Capistrano and OCERS, and subsections (b) and (d) of Section 31641.04 of the California Government Code; and, provided that such additional service credit shall not cause any retirement allowance to exceed the limitations contained in Section 415 of the Internal Revenue Code; and, WHEREAS, the additional retirement service credit shall be made_available pursuant to Government Code Section 31641.04 and shall not exceed the following amount of service credit per eligible employee: No. of Years of City Employment Completed Service Credit 5-10 years 0.5 years 11-20 years 1 year > 20 years 2 years NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby adopt the Early Retirement Incentive Agreement, attached as Exhibit A and incorporated herein by reference. Employees in the identified classification will be eligible for the early retirement incentive between May 20, 2008, and June 1, 2008. Page 1 of 2 05-06-2008 PASSED, APPROVED, AND ADOeXMa-#lois 6t"may of May 2008. TO, MAYO R STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 08-05-06-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6th day of May 2008, by the following vote: AYES: COUNCIL MEMBERS: Alievato, Nielsen, Hribar, Uso and Mayor Soto NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None �j P I A\ MARGAR T . ONAHAN, City Clerk Page 2 of 2 05-06-2008 EARLY RETIREMENT INCENTIVE AGREEMENT BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM This Agreement is entered into effective the 6th of May, 2008, and is by and between the CITY_ OF SAN .JUAN CAPISTRANO ("CITY"), a district pursuant to Government Code Section 31557, and the ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM (" OCERS'), a public retirement system organized and operating under the provisions of the County Employees Retirement Law of 1937 (Govt. Code Sections 31450-31899.10); WHEREAS, the CITY wishes to offer some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an Incentive for those employees to retire early ("Early Retirement Incentive Plan'); and, WHEREAS, under Government Code Section 31641.04, there are certain conditions that must be met before employees may receive additional retirement service credit pursuant to such statute, including the condition that the CITY must pay into the retirement fund a sum of money determined by the Board of Retirement of OCERS to be equal to the actuarial equivalent of the difference between the retirement allowance the employee receives after the receipt of such additional retirement service credit and the amount the employee would have received without such service credit, and that such payment shall be made in a manner and time period mutually acceptable to CITY and the Board of Retirement of OCERS; and WHEREAS, the purpose of this agreement is to set forth the manner and time period in which the CITY will make the payments to OCERS as required by Government Code Section 31641.04; NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN the CITY and OCERS as follows: 1. At various times between May 20, 2008 and June 30, 2008, the CITY may offer to some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an incentive for those employees to retire. Such additional service credit shall not exceed the following amount of service credit per eligible employee. No. of Years of City Employment Completed Servio Credit 5-10 years 0.5 years 11-20 years 1 year > 20 years 2 years 2. in granting such additional retirement service credit, the CITY will comply with all of the conditions and requirements set forth in Government Code Section 31641.04, including, but not limited to, the requirement that the San Juan Capistrano City Council must adopt one or more resolutions containing all of the information required by said Section 31641.04. From and after the date of this Agreement, each resolution adopted by the CITY In connection with the Early Retirement Incentive Pian shall also state that notwithstanding any other provision of the resolution, the amount of additional retirement service credit granted to employees pursuant to such resolution will in no event cause the retirement allowance of any employee to exceed the EXHIBIT A maximum benefit allowed under Section 415 of the Internal Revenue Code (including all special Government plan limits), for participants of tax -qualified retirement plans. 3. In accordance with subsection (a)(3) of Government Code Section 31641.04, for each CITY employee who receives additional retirement service credit pursuant to said statute, the CITY must transfer to OCERS an amount of money determined by the Board of Retirement to be the actuarial equivalent of the difference between the retirement allowance such employee receives after the receipt of service credit under this section and the amount he or she would have received without such service credit. ft is impractical to calculate this amount until after the employees who receive such additional service credit have actually retired. Therefore, the parties agree that the calculation of such amounts, and time and manner of payment (including interest), shall be as follows: (a) As soon as practicable after June 30, 2008, OCERS will provide its actuary with relevant information pertaining to all employees of the CITY who retired between May 20, 2008 and June 30, 2008, and who were granted additional retirement service credit pursuant to Govemment Code Section 31641.04. Based on the information provided by OCERS, the actuary will calculate, for each such employee, the actuarial equivalent of the difference between the allowance the retired employee receives with such additional service credit, and the amount the retiree would have received without such service credit. (b) As soon as practicable after June 30, 2008, OCERS will provide the CITY with a statement that sets forth the amounts calculated by the actuary pursuant to the preceding paragraph, and the CITY will be obligated to pay such amount to OCERS in accordance with Government Code Section 31641.04. The CITY will pay OCERS the present value amount per the actuary calculations to be paid in full no later than December 31, 2008. Interest will accrue on all unpaid amounts from the date the employee retires until the date of payment. The interest rate will be the same as the actuarial interest assumption rate, which is currently seven and three quarters (7.75) percent per year, but may be periodically adjusted pursuant to Government Code Section 31453 up to an amount not to exceed ten (10) percent per year. 4. If, for any reason, the CITY fails to make the payment required under this agreement on or before the date such payment is due (for any reason), the Board of Retirement of OCERS may make a demand to the CITY for immediate payment of the amount due. The CITY shall then, within 30 days, transfer the amount required to the County Advance Reserve Account of the Retirement Fund. WHEREFORE, the parties have entered into this agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM By: By: Joe Soto, Mayor Approved as to Form: By: CuJi'Aff I%_ ity Aft6kney City of San Juan Capistrano Reed Royalty, Chairman Approved as to Form: By: Julie Wyne General Counsel, OCERS AGENDA ITEM TO: Honorable Mayor and Members of the City Council 9.6' FROM: Dave Adams, City Manager 5/6/2008 D13 SUBJECT: Consideration of an Early Retirement Incentive Agreement with the Orange County Employees Retirement System RECOMMENDATION: By motion: 1. Adopt a Resolution Offering an Early Retirement Incentive, and 2. Approve the Early Retirement Incentive Agreement with the Orange County Employees Retirement System to Allow the City to Offer an Early Retirement Incentive. SITUATION: At this time, it is believed that the best interest of the City will be served by making designated member(s) of the Orange County Employees Retirement System eligible to receive additional service credit as an early retirement incentive. To that end, the City wishes to offer its employee(s) an early retirement incentive of up to two (2) years of service credit. After evaluation, the City has concluded that it is necessary to undertake changes in the manner of performing services, and as a result, the City is expected to realize a savings of approximately $255,000 annually. In order to move forward with these changes, the City wishes to make available an early retirement incentive to members of the Orange County Employees Retirement System who are employees of the City, meet the early retirement incentive criteria, and occupy the position classification of Management Analyst. Staff recommends adoption of the Resolution offering an early retirement incentive (Attachment 1) and approval of the Early Retirement Incentive Agreement with the Orange County Employees Retirement System (Attachment 2). A copy of the Agreement has been forwarded to the Board of Directors of the Orange County Employees Retirement System for consideration at their May 19, 2008, meeting. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: Not applicable. Agenda Item -2- May 6, 2008 FINANCIAL CONSIDERATIONS: The estimated cost resulting from the implementation of the Early Retirement Incentive Agreement is approximately $55,000. It is anticipated that the first year's cost savings resulting from the changes in performing services will fund this expense. Payment to the Orange County Employees Retirement System will be made by the end of fiscal year 2008/09. NOTIFICATION: San Juan Capistrano Classified Employees Association San Juan Capistrano Management and Professional Employees Association RECOMMENDATION: By motion: 1. Adopt a Resolution Offering an Early Retirement Incentive, and 2. Approve the Early Retirement Incentive Agreement with the Orange County Employees Retirement System to Allow the City to Offer an Early Retirement Incentive. Respectfully submitted, Dave Adams City Manager Attachments: 1. Resolution Offering an Early Retirement Incentive 2. Agreement between the City and OCERS Prepared by, c Kathleen Springer Human Resources Manager RESOLUTION NO. 08-06-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (EARLY RETIREMENT INCENTIVE AGREEMENT) (OCERS) WHEREAS, the City of San Juan Capistrano wishes to offer some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an early retirement incentive; and, WHEREAS, the City Council of the City of San Juan Capistrano determines that, because of the impending curtailment of service and/or changes in the manner of performing services, and resulting economic benefit to the City, the best interest of the City will be served by making designated members of the Orange County Employees Retirement System eligible to receive additional service credit; and, WHEREAS, the City Council of the City of San Juan Capistrano wishes to make available to members of the Orange County Employees Retirement System who are employees of the City of San Juan Capistrano and occupy the Management Analyst classification, an Early Retirement Incentive; and, WHEREAS, receipt of the additional service credit shall be subject to the conditions set forth in the Early Retirement Incentive Agreement between the City of San Juan Capistrano and OCERS, and subsections (b) and (d) of Section 31641.04 of the California Government Code; and, provided that such additional service credit shall not cause any retirement allowance to exceed the limitations contained in Section 415 of the Internal Revenue Code; and, WHEREAS, the additional retirement service credit shall be made available pursuant to Government Code Section 31641.04 and shall not exceed the following amount of service credit per eligible employee: No. of Years of City Employment Completed Service Credit 5-10 years 0.5 years 11-20 years 1 year > 20 years 2 years ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby adopt the Early Retirement Incentive Agreement, attached as Exhibit A and incorporated herein by reference. Employees in the identified classification will be eligible for the early retirement incentive between May 20, 2008, and June 1, 2008. PASSED, APPROVED, AND ADOPTED this day of 2008. JOE SOTO, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK ATTACHMENT EARLY RETIREMENT INCENTIVE AGREEMENT BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM This Agreement is entered into effective the 6t" of May, 2008, and is by and between the CITY OF SAN JUAN CAPISTRANO ("CITY"), a district pursuant to Government Code Section 31557, and the ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM ("OCERS"), a public retirement system organized and operating under the provisions of the County Employees Retirement Law of 1937 (Govt. Code Sections 31450-31899.10); WHEREAS, the CITY wishes to offer some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an incentive for those employees to retire early ("Early Retirement Incentive Plan"); and, WHEREAS, under Government Code Section 31641.04, there are certain conditions that must be met before employees may receive additional retirement service credit pursuant to such statute, including the condition that the CITY must pay into the retirement fund a sum of money determined by the Board of Retirement of OCERS to be equal to the actuarial equivalent of the difference between the retirement allowance the employee receives after the receipt of such additional retirement service credit and the amount the employee would have received without such service credit, and that such payment shall be made in a manner and time period mutually acceptable to CITY and the Board of Retirement of OCERS; and WHEREAS, the purpose of this agreement is to set forth the manner and time period in which the CITY will make the payments to OCERS as required by Government Code Section 31641.04; NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN the CITY and OCERS as follows: 1. At various times between May 20, 2008 and June 30, 2008, the CITY may offer to some of its employees additional retirement service credit pursuant to Government Code Section 31641.04, as an incentive for those employees to retire. Such additional service credit shall not exceed the following amount of service credit per eligible employee. No. of Years of City Employment Completed Service. Credit 5-10 years 0.5 years 11-20 years 1 year > 20 years 2 years 2. In granting such additional retirement service credit, the CITY will comply with all of the conditions and requirements set forth in Government Code Section 31641.04, including, but not limited to, the requirement that the San Juan Capistrano City Council must adopt one or more resolutions containing all of the information required by said Section 31641.04. From and after the date of this Agreement, each resolution adopted by the CITY in connection with the Early Retirement Incentive Plan shall also state that notwithstanding any other provision of the resolution, the amount of additional retirement service credit granted to employees pursuant to such resolution will in no event cause the retirement allowance of any employee to exceed the ATTACHMENT 2 maximum benefit allowed Leder Section 415 of the Internal Revenue Code (including all special Government plan limits), for participants of tax -qualified retirement plans. 3. In accordance with subsection (a)(3) of Government Code Section 31641.04, for each CITY employee who receives additional retirement service credit pursuant to said statute, the CITY must transfer to OCERS an amount of money determined by the Board of Retirement to be the actuarial equivalent of the difference between the retirement allowance such employee receives after the receipt of service credit under this section and the amount he or she would have received without such service credit. It is impractical to calculate this amount until after the employees who receive such additional service credit have actually retired. Therefore, the parties agree that the calculation of such amounts, and time and manner of payment (including interest), shall be as follows: (a) As soon as practicable after June 30, 2008, OCERS will provide its actuary with relevant information pertaining to all employees of the CITY who retired between May 20, 2008 and June 30, 2008, and who were granted additional retirement service credit pursuant to Government Code Section 31641.04. Based on the information provided by OCERS, the actuary will calculate, for each such employee, the actuarial equivalent of the difference between the allowance the retired employee receives with such additional service credit, and the amount the retiree would have received without such service credit. (b) As soon as practicable after June 30, 2008, OCERS will provide the CITY with a statement that sets forth the amounts calculated by the actuary pursuant to the preceding paragraph, and the CITY will be obligated to pay such amount to OCERS in accordance with Government Code Section 31641.04. The CITY will pay OCERS the present value amount per the actuary calculations to be paid in full no later than December 31, 2008. Interest will accrue on all unpaid amounts from the date the employee retires until the date of payment. The interest rate will be the same as the actuarial interest assumption rate, which is currently seven and three quarters (7.75) percent per year, but may be periodically adjusted pursuant to Government Code Section 31453 up to an amount not to exceed ten (10) percent per year. 4. If, for any reason, the CITY fails to make the payment required under this agreement on or before the date such payment is due (for any reason), the Board of Retirement of OCERS may make a demand to the CITY for immediate payment of the amount due. The CITY shall then, within 30 days, transfer the amount required to the County Advance Reserve Account of the Retirement Fund. WHEREFORE, the parties have entered into this agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM am Joe Soto, Mayor Approved as to Form: In ATTEST City Attorney City of San Juan Capistrano Margaret R. Monahan, City Clerk By: Reed Royalty, Chairman Approved as to Form: By: Julie Wyne General Counsel, OCERS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 6, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of an Early Retirement Incentive Agreement with the Orange County Employees Retirement System" — Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, May 5, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Kathleen Springer, Human Resources Manager. You may contact that staff member at (949) 443-6321 with any questions. The agenda, including agenda reports, www.sanivancapistrano.org. If you would agendas are posted to the web site, please cityclerk _sanivancapistrano.org. Meg Monahan, MMC City Clerk, is available to you on our web site: ike to subscribe to receive a notice when make that request by sending an e-mail to: cc: San Juan Capistrano Classified Employees Association; San Juan Capistrano Management and Professional Employees Association; Kathleen Springer, Human Resources Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future n tl, Printed on 100% recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Reed Royalty, Chairman OCERS 2223 Wellington Ave Santa Ana, CA 92701 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Early Retirement Incentive Agreement — City of San Juan Capistrano Enclosed: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NEILSON JOE SOTO DR. LONDRES USO (2) original, executed agreements for approval by the OCERS Board of Directors. Please forward (1) original executed agreement to my attention when completed. Thank you, CC: Kathleen Springer, Human Resources Manager, San Juan Capistrano: Preserving the Past to Enhance the Future `a Printed on 100% recycled paper