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<br />ARTICLE XIV <br /> <br />14.0 RETIREMENT <br /> <br />14.1 General. The terms of the existing contract between the City and California Public <br />Employees' Retirement System (CaIPERS) governing the City retirement benefits of <br />employees covered by this Agreement are incorporated by reference herein. The City shall <br />continue to make contributions to CalPERS in accordance with its contract with CalPERS for <br />employees covered by said contract as amended. <br /> <br />14.2 Deferred Retirement. The City will continue to make payment to CaIPERS on behalf of each <br />affected employee, one hundred percent (100%) of his or her individual employee retirement <br />contribution. Such payments shall be credited to the individual employee's CalPERS <br />account. <br /> <br />Such payments are not increases in base salary and no salary rate range applicable to any of <br />the employees covered by this Agreement shall be changed or deemed to have been changed <br />by reason thereof. As a result, the City will not treat these payments as ordinary income and, <br />thus will not withhold Federal or State income tax from said payments. The City has <br />received an opinion or ruling from the Internal Revenue Service confirming that these <br />payments are deferred compensation, not ordinary income. <br /> <br />For the purpose of reporting an employee's compensation to CaIPERS, the City shall include <br />these payments as if they were part of the employee's base salary. <br /> <br />In the event that the City receives a ruling from the Internal Revenue Service that such <br />payments are ordinary income ofthe employees instead of deferred compensation, the City's <br />obligation to make such payments shall discontinue and in place thereof the base salary of <br />each said employee shall forthwith be increased by eighteen (18) salary rate ranges (9%) for <br />"safety member" employees covered under the 3% at age 50 CalPERS formula and fourteen <br />(14) salary rate ranges (7%) for all "miscellaneous member" employees covered under the <br />2% at age 55 CalPERS Formula. <br /> <br />14.3 1959 Survivor's Benefit. Effective December 7,2002, the City shall provide CalPERS fourth <br />level of 1959 Survivor's Benefits to all eligible employees in the unit. <br /> <br />14.4 Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000 the City shall <br />provide the Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by <br />this Agreement. <br /> <br />14.5 2% at 55 Service Retirement Benefit for Miscellaneous Members. CalPERS designated <br />"miscellaneous" employees represented by the Association shall be covered by the 2% at 55 <br />retirement benefit. Effective July 1, 1997, the City agreed to pay 2.266% of the cost <br /> <br />35 <br />