RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION (1) TERMINATING THE APPLICABILITY OF GOVERNMENT CODE SECTION 31664.1 TO SPECIFIED PROBATION SAFETY MEMBERS OF THE COUNTY RETIREMENT SYSTEM; (2) MAKING GOVERNMENT CODE SECTIONS 31664 AND 31664.2 APPLICABLE TO SPECIFIED PROBATION SAFETY MEMBERS OF THE COUNTY RETIREMENT SYSTEM EFFECTIVE JULY 10, 2011 AND (3) MAKING GOVERNMENT CODE SECTION 31485.10 APPLICABLE IN SAN MATEO COUNTY

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, presently safety benefits for probation members in Plan 1, Plan 2 or modified Plan 2 (also known as Plan 4) are calculated in accordance with Government Code section 31664; and;

WHEREAS, on June 10, 2003, this Board adopted Resolution 066004 which, effective July 6, 2003, terminated the safety retirement benefits under Government Code section 31664 and implemented the retirement benefit under Government Code section 31664.2 and further provided that effective January 1, 2005, the benefits under Government Code section 31664.2 would be terminated and the safety retirement benefit under Government Code section 31664.1 would be implemented; and

WHEREAS, pursuant to Government Code section 31485.10 (a) the Board may, upon adoption of a resolution, provide any retirement benefits for some, but not all, general and safety members of the county and may provide a different formula for calculation of retirement benefits, by making different retirement formula sections contained in County Employees Retirement Law ("CERL") applicable to any subgroup of members within a membership classification; and

WHEREAS, this Board desires to terminate the applicability of Government Code section 31664.1 only as to those probation safety members hired on or after July 10, 2011, and instead for those probation safety members implement Government Code section 31664 and section 31664.2 in order for these members to have the ability to elect to receive benefits under either Government Code section 31664 or section 31664.2; and

WHEREAS, Government Code section 31678.2 permits this Board to adopt a resolution specifying that any section of CERL prescribing a formula for calculation of retirement benefits be applicable to service credit earned on and after the date specified in the resolution, which date may be earlier than the date of the resolution, and permits this Board and the employee representatives to enter into a memorandum of understanding that requires members of the employees retirement association to pay all or part of the contributions by a member or employer, or both, that would have been required if the section or sections specified in this resolution as adopted by the Board had been in effect during the period of time designated in the resolution; and

WHEREAS, for those probation safety members hired on or after July 10, 2011, who elect to receive benefits under Government Code section 31664.2, this Board desires that 31664.2 be applicable to all future and past safety service back to the date of employment with the County of San Mateo effective July 10, 2011 and for those members to share the cost of that benefit; and

WHEREAS, representatives of this Board have met and conferred with representatives of the recognized employee bargaining group representing probation members about proposed changes to the retirement benefits provided to these employees, and the Board and the employee representatives have executed a memorandum of understanding agreeing to the changes to retirement benefits and required contributions with the employee organization representing employees in the probation safety retirement plan; and

WHEREAS, pursuant to Government Code sections 7507 and 31516, enrolled actuaries employed by Milliman Inc. performed valuations and provided a statement of the actuarial impact upon the future annual costs of the change in retirement benefits associated with the termination of Government Code section 31664.1 for new probation safety members hired on or after July 10, 2011 and the implementation of Government Code sections 31664 and 31664.2 for those members, and those future annual costs were made public at the meeting of the Board of Supervisors on May 10, 2011;

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED

A.

Government Code section 31664.1 will not be applicable to probation safety members hired on or after July 10, 2011.

B.

Government Code sections 31664 and 31664.2 will become applicable to probation safety members hired on or after July 10, 2011. These new probation safety members will have the ability to elect to receive benefits under either Government Code section 31664 or section 31664.2.

C.

Any new probation safety member failing to make an election within 60 days from date of hire shall be deemed to have elected safety retirement benefit consistent with Government Code section 31664. All elections are permanent decisions and shall be irrevocable. Any employee who has elected, or is deemed to have elected, a benefit plan and who terminates his or her employment and is later reemployed shall not be entitled to change his or her election upon that reemployment.

D.

For those probation safety members who elect to receive benefits under Government Code section 31664.2, section 31664.2 shall be applicable to all future and past safety service back to the date of employment with the County of San Mateo effective July 10, 2011 and those members shall share the cost of implementing that benefit by contributing an additional 3.5% of compensation earnable by way of payroll deductions. This cost sharing contribution will not be reduced by employer pick-up of employee retirement contributions. This cost sharing contribution will not be reduced for employees with 30 years of service. In all other ways, this cost sharing contribution will be treated in the same manner and will be subject to the same provisions in the CERL and SamCERA regulations as other employee contributions.

E.

Government Code section 31485.10, and any amendments thereto, is hereby made applicable in San Mateo County.

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