HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-608 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
acting in its capacities as the Governing Body of Contra Costa County,
Contra Costa County Consolidated Fire Protection District,
and East Diablo Fire Protection District
STBJIECT: ENHANCED RETIREMENT }
BENEFITS, BUYBACK }
PROGRAM, AND RESOLUTION NO, 2002/608
RELATED SUBJECTS }
}
BACKGROUND:
The following information is provided for background purposes only:
I. Effective January 1, 2001, Government Code section 31664.1 was enacted to authorize
co-, ties to grant an enhanced retirement benefit to their employees who are safety retirement members.
This enhanced benefit is commonly known as 3% at 50.
ZI. Effective January 1, 2001, Government Code section 31675.16 was enacted to authorize
=-mties to grant an enhanced retirement benefit to their employees who are miscellaneous retirement
mimbers. This enhanced benefit is commonly known as 2% at 55.
HI. On January 17, 2002, County, and Fire District management representatives met with
representatives of AFSCME Local 512,AFSCME Local 2700, California Nurses Association, Contra
Costa County Employees' Association,Local No. 1,Deputy Sheriffs' Association(Rank&File and
Mpagement Units),District Attorney Investigators' Association,IAFF Local 1230 (on behalf of Contra
Ce£sta Consolidated and East Diablo Fire Protection Districts),Physicians' and Dentists' Organization of
Contra Costa County, SEW Local 535 (Rank&File and Supervisors Units),Western Council of
Engineers, and United Chief Officers' Association, and entered into the following Tentative Agreement:
r
This document describes the general:provisions for extending the current labor agreements of all the
following:
AIRSCME Local 512
AFSCME Local 2700
Cailifornia Nurses Association
CQCEA Local One
Duty Sheriff's' Association(Rank&File and Management Units)
Dr�trict Attorney Investigators' Association
IAP, F Local 1230(CCCFPD and EDFPD)
Physicians' and Dentists' Organization of Contra Costa County
SEW Local 535 (Rank&File and Supervisors Units)
Wt-stern Council of Engineers
UnitedChief Officers' Association
Thsy undersigned labor representatives agree to recommend all of the items herein to the memberships of
thir respective employee organizations.
Th€ undersigned management representatives agree to recommend all items herein to the Board of
Sullervisors.
Ea h Memoranda of Understanding shall be extended as follows:
r€ploygg Organization New Expiration Date
AFSCME Local 512 September 30, 2005*
AFSCME Local 2700 September 30, 2005,
California Nurses Association September 30,2005
CCCEA Local One September 30, 2005*
De:)uty Sheriffs' Association
(Rank&File and Mgmt. Units) September 30, 2005
Di$trict Attorney Investigators' Association September 30, 2005
IAIT Local 1230 (CCCFPD) March 31, 2006
IAI,`F Local 1230(EDFPD) To be determined
Page 1 of 6
RESOLUTION NO. 2002/W8
Pliysicians' and Dentists' Organization
of Contra Costa County September 30, 2005
S IU Local 535 (Rank&File and Supervisors Units) September 30,2005*
Wfestern Council of Engineers September 30,2005
U.€ ited Chief Officers' Association June 30, 2006
* The wage and retirement benefit provisions for safety employees in the miscellaneous
employee organizations expire September 30, 2006.
Employees designated as safety employees(for retirement plan purposes)represented by the following
employee organizations shall have wage mcreases as follows:
ASCME Local 512,CCCEA Local One, SEIU Local 535 (R&F and Supv.Units):
t tuber 1, 2002 Wages:.5%less a 2.25%deduction for retirement benefits
October 1, 2003 Wages: 5%less a 2.25%deduction for retirement benefits
Oc=tober 1,2004 "Wages: 5%less a 2.25%deduction for retirement benefits
October 1,2005 Wages: 5% less a 2.25%deduction for retirement benefits
Total: 20%less 9%
Doputy Sheriffs' Association(Rank&File and M.gint.Units),District Attorney Investigators'
Asociation:
OC,tober 1,2001 "Wages: 4%(Previously Granted on 1011101)
Ar 611, 2002 Wages: 2% less a 2,25% deduction for retirement benefits
October 1,2002 Wages: 5%less a 2.25%deduction for retirement benefits
O0,tober 1, 2003 Wages: 5% less a 2.25%deduction for retirement benefits
October 1, 2004 Wages: 5%less a 2.25%deduction for.retirement benefits
Total: 21%less a 9%deduction for retirement benefits
I FF Local 1230 (CCCFPD):
Aril 1,2002 Wages: 5% less a 2.25%deduction.for retirement benefits
A.n 1,2003 "'Wages: 5%less a 2.25%deduction for retirement benefits
A sril 1, 2004 Wages: 5%less a 2.25%deduction for retirement benefits
Affiril 1,2005 Wages: 5%less a 2.25%deduction for retirement benefits
Total: 20%less a 9%deduction for retirement benefits
United Chief Officers' Association:
MY 1,2002 Wages: 5% less a 2.25%deduction for retirement benefits
Ju y 1,2003 Wages: 5%less a 2.25%deduction for retirement benefits
Jc y 1 2004 'gages: 5% less a 2.25%deduction for retirement benefits
July 1, 2005 Wages: 5% less a 2.25%deduction for retirement benefits
Total: 20% less a 9%deduction for retirement benefits
Al of the aforementioned deductions for retirement benefits will be made on a pre-tax basis in accordance
wiih applicable IRS laws and regulations.
Employees designated as miscellaneous employees(for retirement plan purposes)in the following
employee organizations shall receive wage increases as follows:
A SCME Local 512,AFSCME Local 2700, California Nurses Association, CCCEA Local One,
P1icians' and Dentists' Organization of Contra Costa County, SEIU Local 535 (Rank&File and
Saervisors Units),Western Council of Engineers:
October 1, 2002 Wages: 5%
O =tober 1,2003 Wages: 3%
Omber 1,2004 Wages: 3%
Employees designated as miscellaneous employees (for retirement plan purposes) in the following
employee organizations shall receive wage increases as follows:
Page 2 of 6
RESOLUTION NO. 2002/6o8
IFF Local 1230(CCCFPD)
April 1, 2002 Wages: 5%
April 1, 2003 Wages: 3%
Aril 1, 2004 Wages: 3%
April 1, 2005 Wages: 3%
Etaployees designated as miscellaneous employees(for retirement plan purposes) in the Deputy Sheriffs'
Asociation(Rank&File Unit) shall receive wage increases as follows:
O tober 1, 2001 Wages: 5% (4%of which was previously granted on 10/1/01)
O}.tober 1, 2002 Wages: 3%
Chi>tober 1, 2003 Wages: 3%
October 1, 2004 Wages: 3%
Effective 10/01/02, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the
retirement plan shall be placed in Tier 3.
Employees in Tier 2 with 10 or more years of county/district service will be eligible to participate in the
County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows:
Employee buys back 2 years--County will buy back 1 year for a total of 3 years of buyback
Epployee buys back 4 years---County will buy back 2 years for a total of 6 years of buyback
Employee buys back 6 years--County will buy back 3 years for a total of 9 years of buyback
Etective July 1, 2002, the current retirement formula for safety employees (for retirement plan purposes)
will be replaced with a formula commonly called 3% at 50.
E "ective January 1, 2003,the current retirement formula for miscellaneous employees (for retirement
p1m purposes) will be replaced with a formula commonly called 2%at 55.
Al parties agree that the above fully incorporates the understanding of the undersigned.
The. undersigned unions understand and agree that County and/or District(s) are not obligated to meet and
co fer regarding wages, hours or conditions of employment during the term of these extended agreements,
exC.ept as otherwise required by law.
Al,',: of the undersigned parties accept and agree that this agreement is contingent on continuation of the
retirement board's commitment to allocate$100 million which shall be applied equally to fund the URAL
of`he 2%at 55 benefit and the UAAL ofthe 3%at 50 benefit. The parties fiuther agree to jointly request
the Retirement Board to provide funding for a restoration of lost purchasing power for retirees who retired
prier to 1/1/83 pursuant to SB 795 and to provide funding for retiree health insurance for all pre-1981
ret>trees in the same manner as it is being provided for employees who retired after 1981.
Pri=g to implementation of this agreement the current negotiations between the County and DSA, the
Co znty and DAIA, and the District and Local 1230-EDFPD must be concluded and the membership of
each employee organization listed on page 1 must agree to the provisions of this agreement.
Up?n the acceptance of this agreement by employee organizations, the parties shall enter into letters of
understanding incorporating these provisions and extending the respective Memoranda of Understanding.
IV. On or about January 17, 2002, five(5) management representatives and representatives of
the following employee organizations signed the Tentative Agreement set forth above:
AFS ACME Local 512
AF SCME Local 2700
Contra Costa County Employees' Association, Local No. 1
Page 3 of 6
RESOLUTION NO. 2002/6
F uty Sheriffs' Association(Rank&File and Management Units)
Istrict Attorney Investigators' Association
I FF'Local 1230(on behalf of Contra Costa Consolidated and East Diablo Fire Protection Districts)
P!.iysicians' and Dentists' Organization'ofContra Costa County
$<FIIU'Local 535 (Rank&File and Supervisors Units)
Western Council of Engineers
United Chief Officers' Association
Tie representative of the California Nurses Association did not sign the Tentative Agreement.
V. Thereafter,the Tentative Agreement was ratified by the memberships of all of the
employee organizations who signed the Tentative Agreement. Those employee organizations are listed in
S*ction IV, above.
VI. To date,the Tentative Agreement has not been ratified by the membership of the
C>alifornia Nurses Association.
VII. Effective September 18,2002, Senate Bill 2100(Stats. 2002,ch. 695)was enacted to
authorize Contra Costa County and its special districts to meet and confer with their affected employee
o ganizations to negotiate an employee contribution to the employers' cost of the new 3% at 50 safety
r >nrement benefit and to otherwise implement the Tentative Agreement.
VIII. On May 28,2002,the Retirement Board of the Contra Costa County Employees'
Retirement Association voted to allocate$100 million to be applied equally to fund the UAAL of the 2%
W55 benefit and the UAAL of the 3%at 50 benefit,to provide funding for the restoration of lost
pvIrchasing power for retirees who retired prior to January 1, 1983 pursuant to SB 795,and to provide
fii>>ding for retiree health insurance for all pre-1981 retirees in the same manner as it is being provided for
employees who retired after 1981.
IX. Pursuant to Government Code sections 7507 and 31516,the services of an enrolled
acsnary were secured to provide a statement of the actuarial impact upon fixture annual costs of the 2%at
551 retirement benefit for Tier One and Tier Three time and the 3% at 50 retirement benefit for safety
members. The statement of the enrolled actuary of the actuarial impact upon future annual costs of the
2% at 55 retirement benefit for Tier One and Tier Three time and the 3% at 50 retirement benefit for
safety members was made public at a public meeting of the Board of Supervisors on September 17, 2002.
NOW THEREFORE,BE IT RESOLVED THAT:
1, 2Yg
S. Effective on July 1, 2002, Government Code section 31639.95 shall apply to the safety
members of the Contra Costa County Employees'Retirement Association("CCCERA")who are
eti ployed by Contra Costa County("County')or Contra Costa County Consolidated Fire Protection
DiArict("Consolidated Fire District')on or after July. 1, 2002, so as to grant these safety retirement
members the benefits set forth in Government Code section 31664,1, subject to the terms and conditions
of, Tentative Agreement,including but not limited to,the amount of employee contributions required
to help fund the benefits of Government Code section 31664.1,the method by which the contributions are
made, and the commencement date of such contributions.
2. Effective on July
1, ',005, Government Code section 31639.95 shall apply to the safety members of CCCERA who are
employed by the East Diable Fire Protection District("East Diablo Fire District')on or after July 1, 2005,
so' s to grant these safety retirement members the benefits set forth in Government Code section 31664.1,
suject to the terms and conditions of the Tentative Agreement, including but not limited to, the amount
af' mployee contributions required to help fund the benefits of Government Code section 31664.1, the
method by which the contributions are made, and the commencement date of such contributions.
3, R (a) Effective on
January 1, 2003 and pursuant to Government Code sections 31755.2 and 31755.3, Government Code
section 31676.16 shall apply to Tier One and Tier Three service time credited to miscellaneous members
ofCCCERA who are employed by County, Consolidated Fire District, or East Diablo Fire District and
ass>�.gned to bargaining units that are represented by AFSCME Local 512;AFSCME Local 2700; Contra
Cota County Employees' Association,Local No. 1;Deputy Sheriffs' Association(Rank&File and
Management Units); LAFF Local 1230;Physicians' and Dentists' Organization of Contra Costa County,
SEX Local 535 (Rank&File and Supervisors Units); and Western Council of Engineers, and who retire
on after January 1, 2003. With respect to Tier Three service time, section 31676.16 shall only apply to
tim,-- for which Tier Three member contributions have been paid. Section 31676.16 shall not apply to any
Wage 4 of fi
RESOLUTION NO. 2002/608
periods of service performed as Tier Two service under Government Code section 31751 unless Tier
Tree service time has been purchased by or on behalf of the member for those periods.
(b)Government Code section.31676.16 shall NOT apply to any service time credited to
miscellaneous members of CCCERA who are employed by County and assigned to bargaining units that
ar represented by the California Nurses Association; or to the nonrepresented employees within similar
jo,i classifications as employees in bargaining units represented by the California Nurses Association, or
toAhe supervisors and managers of those employees. Government Code sections 31751 and 31755 shall
continue to apply to employees who are assigned to bargaining units represented by the California Nurses
A4sociation,to employees who are nonrepresented employees within similar job classifications as
epIiployees in bargaining units represented by the California Nurses Association, and to the supervisors
ark. managers of those employees.
4. o . Effective on
J' luary 1, 2043 and pursuant to Government Code sections 31755.2 and 31755.3, Government.Code
swtion 31676.16 shall apply to Tier One and Tier Three service time credited to-miscellaneous members
o CCCERA who are employed by County, Consolidated Fire District,or East Diablo Fire District in
up represented classifications,except for those unrepresented employees described in section 2(b), above,
and who retire on or after Tan 1,2443. With respect to Tier Three service time, section 31676.16
shAll only apply to time for w�Tier Three member contributions have been paid. Section 31676.16
shill not apply to any periods of service performed as Tier Two service under Government Code section
3: 751 unless Tier Three service time has been purchased by or on behalf of the member for those periods.
5. Effective on
October 1, 2002, Government Code section 31755.1 (Tier Three) shall apply to all service performed on
art.-d after October 1, 2402, and Government Code section 31751 (Tier Two) shall NOT apply,to all
County, Consolidated Fire District, and East Diablo Fire District employees who are Tier Two members
of CCCERA, with the following exceptions:
(a) Section 31755.1 (Tier Three) shall NOT apply to any person who is employed by County
aml assigned to a bargaining unit that is represented by the California Nurses Association, to the
navepresented employees within similar job classifications as employees in bargaining units represented
by the California Nurses Association,or to the supervisors and managers of those.employees;
(b) Section 31755.1 (Tier Three)shall not apply to any employee for any service performed
wle he or she is a safety member of CCCERA;
(c) Section 31755.1 (Tier Three)shall not apply to any employee for any service performed in
Tier One as described in Government Code section 31755; and
(d)The benefit formula set forth in Government Code section 31752 shall apply to all Tier
T,wo service time with which a CCCERA member is credited at retirement.
6. NEMY HMM EMPLOYEES. (a)Effective on October 1, 2002,Government Code
section 31755.1 shall apply to all new employees hired by County who are miscellaneous retirement
=.tubers of CCCERA, except for those employees who are hired by County and assigned to bargaining
units represented by the California Nurses Association,to new employees who are nonrepresented
employees within similar job classifications as employees in bargaining units represented by the
Caifornia Nurses Association, and to the supervisors and managers of those employees.
(b) Government Code sections 31751 and 31755 shall continue to apply to employees hired on
or'after October 1, 2042,who are assigned to bargaining units represented by the California Nurses
As>ociation, to new employees who are nonrepresented employees within similar job classifications as
embloyees in bargaining units represented by the California Nurses Association, and to the supervisors
ani.managers of those employees.
7. DLMAt { A, Employees in Tier Three with 14 or more years of
Co4rity/District service are eligible to participate in the buyback program. Under the terms of the buyback
program and beginning on October 1, 2402, employees may replace Tier Two service time with Tier
TIree service time on the following terms;
Employee buys back 2 years of Tier Two service time—County/District will buy back 1 year
fora total of 3 years of buyback;
Employee buys back 4 years of Tier Two service time—County/District will buy back 2 years
for a total of 6 years of buyback; and
Employee buys back 6 years of Tier Two service time—County/District will buy back 3 years
for:a maximum total of 9 years of buyback.
Page 5 of 6
RESOLUTION NO. 200216og
This buyback program is not available to any employees who are assigned to bargaining units
tiv t are represented by the California Nurses Association,to any employees who are nonrepresented
ena within similar job classifications as employees in bargaining units represented by the
C ifornia Nurses Association,or to the supervisors and managers of those employees.
8. CQNZEM S REMQM, (a)The County, Consolidated Fire District, and East
Diablo Fire District acknowledge that on May 28,2002,the Retirement Board of CCCERA voted to
allocate$100 million to be applied equally to fluid the UAAL of the 2%at 55 benefit and the UAAL,of
th€ 3%at 50 benefit,to provide funding for the restoration of lost purchasing power for retirees who
rired prior to January 1, 1983 pursuant to SB 795,and to provide funding for retiree health insurance for
all,pre-1981 retirees in the same manner as it is being provided for employees who retired after 1981.
(b)The County further acknowledges that as a condition of approval,the memberships of each
employee organization listed above had to agree to the provisions of the Tentative Agreement and that the
membership of the California Nurses Association did not agree to the provisions of the Tentative
Agreement. Accordingly, and solely for the purpose of applying the Tentative Agreement to the employee
Mg,anizations that approved the Tentative Agreement,the County now waives that condition of approval
f6k that limited purpose, only.
9. ACMARIAL BPACT The County, Consolidated Fire District, and
East Diablo Fire Districtacknowledge that the statement of the enrolled actuary of the actuarial impact
upon future annual costs of the 2% at 55 retirement benefit for Tier One and Tier Three time and the 3%
at 50 retirement benefit for safety members was made public at a public meeting of the Board of
Supervisors on September 17,2002, in accordancewith Government Code sections 7507 and 31516.
Tl is Resolution was Adopted on October 1, 20302 by the following vote:
A TES: supervisors UiDma, Mssaalnier, Glover Brad Gioia
NOES: Now
AtISENT: 1+ ne
ABSTAIN: supervisor Gerber*
I hereby certify that the foregoing Resolution was duly and regularly ADOPTED by the above
v0`(e of the Board of Supervisors of Contra Costa County acting in its capacities as the Governing Body of
Cntra Costa County, Contra Costa County Consolidated Fire Protection District, and East Diablo Fire
Protection District, at a meeting of the Board on the date indicated above.
Dared. October 1, 2002 John Sweeten, Clerk of the Board of Supervisors
and County Administrator
*See attached addeadm
By; Deputy
VLD:ld
cc9> County Counsel
Human Resources
Labor Relations
County Administrator
Auditor-Controller
Contra Costa County Employees'Retirement Association Administrator
AFSCME Local 512
AFSCME Local 2700
California Nurses Association
Contra Costa County Employees'Association,Local No. 1
Deputy Sheriffs'Association
District Attorney Investigators'Association
L4FF Local 12313
Physicians'and Dentists'Organization of Contra Costa County
SEW Local 535
Western Council of Engineers
United Chief Officers`Association
H:\Cfi:QV.aboritclations\enhaneed benefits-Co+2 districts9.23-02.wpd
Page 6 of fi
RESOLUTION NO. 2002/ 608
ADDENDUM TO ITEM
D.3 — October 1, 2002
Supervisor Gerber made the fallowing statement:
"Mr. Chairman, on this item, based on my husband's employment, there may be a requirement for
disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am
disqualifying myself from acting on closed session employee organization negotiations and on this
agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in
order to avoid any appearance of conflict. I am actually going to leave the room while you consider
this."
i