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Home My WebLink AboutMINUTES - 12122006 - C.86 i m - E. O TG. BOARD OF SUPERVISORS CONTRA FROM: John Cullen. Count-Administrator J k. - COSTA —_ DATE: December 12. -'_006 ��" COUNTY SUBJECT: Implementing New Safety Retirement Tier for Sheriff s Personnel Hired After December 31,2006 5,?E1-I:iC REQ_ ES=:S,OR RECO:.\tESDAT.v4 BAChGROL-N D A\D!CST.F:C :_nN ' RE CONINIENDATIO\(S): 1. ADOPT Resolution-1006 "0 making Government Code section 31484.9 applicable in Contra Costa Count- i and implementing a new safet_-retirement tier for sworn Sheriff s personnel hired by the Count-after December I 31. 2006. ! FISCAL IMPACT j Implementation of a change in the safety retirement benefit for Sheriffs personnel hired after December 31. ' 2006 is intended to result in long term savings for both the peace officers and the Count_-. BACKGROUND/REASON(S) FOR RECOMME\DATIO\(S): In the last legislative session, the Contra Costa County Deputy Sheriffs' Association and the County successfully worked together with Senator Torlaksen on SB 524, legislation that allows provision of different safer-retirement benefits to different bargaining units of the Association. and permits a process whereby employees can elect less expensive safety retirement benefits. SB 524 (Chapter 633. Statutes of 2006) was signed by the Governor on September 29. 2006 and enacts new Government Code section 3148.1.9. This new- provision of the Count-Employees Retirement Law- of 1937 allows the Count-to agree,pursuant to a memorandum of understanding with the Contra Costa Count-Deputy Sheriffs' Association that the provisions of section 31484.9 shall apply to safety employees represented by the Association and further requires that the I terms of any agreement reached with the Association pursuant to section 31484.9 also be made applicable to unrepresented Sheriffs personnel who are safety employees. In the Memoranda ofunderstanding between the Count-and the rank and file and management units of the Association approved by the Board of Supervisors on December 5. 2006. the parties agreed that Government Code section 31484.9 would be applicable to safety i employees represented by the Association. I i CONTINUED ON ATTACHMENT: iES SIGNATURE: 2) m j RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIG\AT1:RE(S): / ACTtnX"P RnAun nX /�� O PROVED AS RECOMMENDED , OTHER I l naninnous(Absent ) I HEREBY CERTIFY THAT THIS IS A Ayes. Noes: TRUE AND CORRECT COPT'OF AN Absent: Abstain ACTIO\TAKEN AND ENTERED ON THE MINUTES Vacant: District IV OF THE BOARD OF SUPERVISORS ON THE DAT HO%«-N. -UriI g: County Administrator Contact Person: Marc Ann]Iason(335-1800) ATTESTE JOHN CU LLEN.CLERK OFT BOAT&OF cc: Sheriff-Coroner SUPERVISORS AND COUNTY Auditor-Controller ADMINISTRATOR j Count-Administrator Human Resources Director Count}-Counsel BY E U Y CCCERA-Retirement Administrator i I I In the Memoranda of Understanding. the Deputy Sheriffs Association and the County also agreed that retirement benefits would be modified for those peace officers hired after December 31. 2006. These new officers will I receive the same 3°o at 50 retirement benefit as current safety employees. However. the Cost of Living i Adjustment (COLA) to their retirement benefit will be a two percent COLA rather than the three percent COLA applicable to current employees. In addition. the final average compensation used to calculate the neer hires' retirement allowances will be based on a thin-six month period instead of the twelve month period applicable to current employees. By Resolution\o. 2006'-43. section 66.11. the Board of Supervisors made these same modifications applicable to unrepresented Sheriff s personnel. These changes will result in a new safet retirement tier for those Sheriff s employees hired after December 31, 2006. i To implement the agreement with the Association and the modifications for unrepresented employees, it is i necessary for the Board of Supervisors to adopt a resolution making Government Code section 31484.9 applicable in this County as of its effective date, January 1, 200;. It is also necessary to adopt the resolution to i establish the changes to the retirement benefit applicable to Sheriff s personnel who are hired as safety employees after December 31. 2006. (Government Code section 31483.) j ---- - I i I I ! ! i ! i ! ! i i THE BOARD OF StiPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA acting in its capacity as the Governing Body of the County of Contra Costa County i i Adopted this Resolution on by the following rote: AYES- -r � NOES: I l v t1L ABSENT: &V ABSTAIN: 0 SUBJECT: flaking Government Code Section 31484.9 Applicable in this Count-: Implementing a New Safety Retirement Tier (Government Code Sections 31462 and 31870) for Sworn Sheriffs Personnel Hired After December 31, 2006. RESOLtiTION NO. 2006/770 Whereas. the Legislature has passed and the Governor has signed into law SB 524 (Chapter 633. Statutes of 2006) which permits the County to make the provisions of newly enacted Government Code section 31 1484.9 operative in this Count_-, and whereas Section 31484.9 will take effect Januar• 1, 2007; and Whereas the Count-and the Contra Costa County Deputy Sheriffs' Association have agreed in the memoranda of understanding (MOL")ratified by the rank and file and management bargaining units of the Association on November 20, 2006 and approved by the Board of Supervisors on December 5. 2006. that the provisions of Government Code section 31.384.9 shall apply to safety employees represented by the Contra Costa Count_-Deputy Sheriffs' Association; and Whereas Government Code section 31484.9 provides that the terms of any agreement reached with the Deputy Sheriffs' Association pursuant to that section shall also be made applicable to unrepresented Sheriffs personnel who are safety employees; and I Whereas. Government Code section 31484.9 provides that a resolution adopted pursuant to that section mai-establish different retirement benefits for different bargaining units of safety employees represented by the Contra Costa Count-Deputy Sheriffs' Association and the i unrepresented groups of safety employee in similar job classifications and the supervisors and managers of those employees: and Whereas Government Code section 31483 provides that whenever the Board of Supervisors has adopted a resolution or ordinance making a particular provision of the County Employees Retirement Law of 1937 (Goy-. Code, " 31450 et. seq.) applicable, the Board mai-, through a future resolution or ordinance, terminate the applicability of the provision as to employees of the County_ whose services commence after a future date specified in the latter ordinance or resolution; and i Whereas in the Memoranda of Understanding for the bargaining units of the Contra Costa Count-Deputy Sheriffs' Association. the County and the Contra Costa County Deputy Sheriffs' Association have agreed that for those sworn represented Sheriff s personnel hired by the County after December 31. 2006 who will be safety members of the Contra Costa County Employees Retirement Association(CCCERA). 1) the Cost of Living Adjustment (COLA) to the employee's safet_�retirement allowance shall not exceed two percent (2%) per year and 2) the employee's final compensation shall be based on his or her highest thirty- sir (36) month salary average. and Whereas in Resolution No. 2006.743, section 66.11, the Board of Supervisors directed that the above benefits also shall applyfor sworn unrepresented Sheriffs personnel hired by the Count•after December 31. 2006-who will be safer•members of CCCERA; i RESOLi;TIO\\0. 2006`%.0 i I I i I THE BOARD OF StiPERVISORS OF CONTRA COSTA COUNTY RESOLVES THAT: 1. Effective January 1. '-00 Government Code section 31484.9 shall be operative in this Count-. - i i '. Effective Januar- 1, 200 Government Code section 31462.1 (12 month final compensation) shall not apply. and Government Code section 31462 (36 month final compensation) shall instead apply to employees whose services for the Count-commence on or after January I. 200' in the classifications shown on Exhibit A hereto and such other classifications for sworn Sheriff s personnel created hereafter, in order to determine the benefits earned under CCCERA by such individuals while they°are safer-members of CCCERA. 3. Effective January 1. 200'. Government Code section 31870.1 (3% COLA) shall not apply, and Government Code section 31870 ()% COLA) shall instead apple, to employees whose services commence on or after January 1, 200. in the classifications shown on Exhibit A hereto and such other classifications for sworn Sheriff s personnel created hereafter, in order to determine the benefits paJable under CCCERA to such individuals as safety members of CCCERA. i 4. The effective date of this resolution is December 12, 2006. I HEREBY CERTIFY THAT THIS IS A TRUE _ND CORRECT COPY OF A\ cc: Count-Administrator ACTION TAKE\AND ENTERED ON THE Human Resources MINUTES OF THE BOARD OF Auditor-Controller SUPERVISORS ON THE DATE SHOWN. Sheriff Count-Counsel ATTESTED CCCERA JOHN CLL.LEN. Clerk of the Board of Super-is r- a d Count/-Administrator Bv: I H RE73Ea-r-::::-:_ia-^ec•�:fa�ra_?_s_c:_:a i