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CITY OF COLTON <br />AGENDA REPORT Item #10 <br />FOR COUNCIL MEETING OF JUNE 15,2004 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: Anthony Arroyo, Administrative Analyst 11 <br />SUBJECT: Amend Resolution R-32-04 and R-33-97 approving Government <br />Code Section 20636(c)(4) allowing the City of Colton to report the <br />value of the Employer Paid Member Contribution (EPMC) with the <br />International Brotherhood of Electrical Workers (IBEW), the <br />Communication Worker's of America (CWA), CPOA, the Middle <br />Manager's and the Executive groups <br />DATE: June 7, 2004 <br />_T <br />ITH r.01 :loll] lk 113 <br />During the previous negotiations with the city's various bargaining groups, the City of Colton did not <br />correctly adhere to the requirement of reporting the employer and employee's portion of its <br />respective PERS contribution. After review by CalPERS, it was requested that the City of Colton <br />make some revisions to the language. This is a requirement mandated by PERS as stated in <br />Government Code Section 20691, which, in part, states, "a contracting agency or school employer <br />may pay all or a portion of the normal contributions required to be paid by a member...." <br />The negotiations that are currently underway have provided the city with the opportune time to <br />make these corrections to all bargaining groups. <br />DISCUSSION/ANALYSIS: <br />The city will continue to pay 4% of the 8% contribution to PERS for the 2.7%@55 retirement benefit <br />for miscellaneous employees. In as much as this may not be specified in the each of the <br />bargaining groups' MOUs, the city will amend each MOU via side letter to reflect this current <br />Council action or update the MOUs for those bargaining groups who are currently negotiating their <br />contracts. The bargaining groups affected include: the International Brotherhood of Electrical <br />Workers (IBEW), the Communication Worker's of America (CWA), CPOA, the Middle Manager's <br />and the Executive group. <br />The value of the 4% the city contributes on behalf of the employees will be reported as "special <br />compensation," which includes payments made to CalPERS based on the language stipulated in <br />each of the MOUs. This is allowable under Government Code Section 20636(c)(4). <br />As part of this Council action and resolution, the contributions made by the member will continue to <br />be tax-deferred per United States Code Section 414(h)(2). <br />FINANCIAL IMPACT: <br />None. <br />