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<br />47 <br /> <br />The City shall pay the rate prescribed by the Public Employees' Retirement system <br />for employer contributions to the Public Employees' Retirement System in <br />accordance with the rules and regulations governing such employer contributions, <br />minus the employee cost share reflected herein. <br /> <br />Employees enrolled in Tier 1 (3% @ 50) and Tier 2 (3% @ 55) are required to <br />contribute nine percent (9%) of pensionable compensation as the employee member <br />contribution, plus an additional cost share of seven percent (7%) of pensionable <br />compensation toward the City’s pension contribution in accordance with California <br />Government Code Section 20516, for a total of sixteen percent (16%) of <br />pensionable compensation. <br /> <br />Three percent (3%) of the total seven percent (7%) listed above will be considered <br />cost sharing in accordance with Section 20516(a) of the California Government <br />Code. The remaining four percent (4%) being paid toward the employer cost of <br />retirement will continue in accordance with Section 20516(f) of the Government <br />Code. <br /> <br />The four percent (4%) cost-sharing in accordance with Section 20516(f) of the <br />Government Code, which was suspended August 2926, 2024, 2021, shall resume <br />effective the pay period following January 23, 2023 September 9, 2024 and end <br />August 29, 202725, 2024. Based on the mutual intent of the parties, for the sole <br />purpose of applying retroactivity for 2024 MOU implementation, in the event the <br />retroactive application of the pension cost share for Tier 1 and Tier 2 employees <br />between September 9, 2024 and December 1, 2024 exceeds the amount owed to <br />such employees as a result of the retroactive application of the 2024 cost of living <br />adjustment between August 26, 2024 and December 1, 2024, Tier 1 and Tier 2 <br />employees will not be required to repay the difference to the City. <br /> <br />Employees defined as “new members” in Tier 3 (2.7% @ 57) are required to <br />contribute one-half of the normal cost for pension as determined by CalPERS in <br />accordance with California Government Code Section 7522.30. <br /> <br />All such employee contributions toward employer cost of retirement will be made <br />on a pre-tax basis to the extent permitted by law. The contributions shall not be <br />credited to the employee account at CalPERS and shall not be reimbursed to the <br />contributor by the City at any time for any reason. <br /> <br />If beginning on or after the first full pay period of September 1, 2013, the employer <br />cost of retirement for the bargaining unit falls below thirty-seven percent (37%) at <br />any time, the employee contribution toward the employer cost of retirement will be <br />reduced by one percent (1%) for each full one percent reduction in the employer <br />rate below 37%. <br /> <br />14.5 414(h)(2) Internal Revenue Service Code <br /> <br />Effective September 1, 1999, the City shall implement the provisions of 414(h)(2) <br />for the term of this M.O.U., so long as those provisions [414(h)(2)] remain <br />6.I. - Page 59 of 84 <br />289