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65D - SAPOA AGMT
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65D - SAPOA AGMT
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Last modified
1/31/2019 7:17:23 PM
Creation date
1/31/2019 7:10:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Human Resources
Item #
65D
Date
2/5/2019
Destruction Year
2024
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ARTICLE XIII <br />C�177ylYI�T1�I�YY <br />13.1 General. The City shall continue to make contributions to the California Public <br />Employees' Retirement System (CaIPERS) in accordance with its contract with CaIPERS <br />for employees covered by said contract as amended. <br />13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of <br />each employee covered by this MOU in accordance with the following schedule: <br />A. For Safety employees covered by this MOU who do not qualify as "New <br />Members" under the California Public Employees' Pension Reform Act of 2013 <br />(PEPRA), the City shall pay the nine percent (9%) member contribution and <br />report it to CalPERS as compensation eamable. <br />B. For Miscellaneous employees covered by this MOU who do not qualify as "New <br />Members" under the California Public Employees' Pension Reform Act of 2013 <br />(PEPRA) the City shall pay the eight percent (8%) member contribution and <br />report it to CalPERS as compensation eamable . <br />Such payments shall be credited to the individual employee's CalPERS account. <br />Such payments are not increases in base salary and no salary rate range applicable <br />to any of the employees covered by this MOU shall be changed or deemed to <br />have been changed by reason thereof. As a result, the City will not treat these <br />payments as ordinary income and thus, will not withhold federal or state income <br />tax from said payments. The City has received an opinion or ruling from the <br />Internal Revenue Service confirming that these payments are deferred <br />compensation, not ordinary income. <br />In the event that the City receives a subsequent ruling from the Internal Revenue <br />Service that such payments are ordinary income of the employees instead of <br />deferred compensation, the City's obligation to make such payments shall <br />discontinue and in place thereof the base salary of each affected employee shall <br />forthwith be increased by eighteen (18) salary rate ranges (9.0%) for Sworn <br />Safety employees who do not qualify as "Flew Members" and sixteen (16) salary <br />rate ranges (8.0%) for Miscellaneous employees who do not qualify as "Flew <br />Members" covered by this MOU. <br />For the purpose of reporting an employee's compensation to CalPERS, the City <br />shall include these payments as if they were a part of the employee's base salary. <br />13.3 CaIPERS Fourth Level of 1959 Survivors Benefits. The City will provide CalPERS <br />fourth level of 1959 Survivors Benefit to all eligible employees in the unit. <br />13.4 CalPERS Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide <br />the CalPERS Pre -Retirement Optional Settlement 2 Death Benefit to all employees <br />49 <br />65D-57 <br />
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