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CONTRACT 5687A - PERM Amendment CLOSEDAgreement No. 5687A SIDE LETTER AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of El Segundo ("City") and the El Segundo Police Support Services Employees Association ("PSSEA") (hereinafter referred to as the "Parties") is entered into with respect to the following: WHEREAS, the Parties are currently parties to a Memorandum of Understanding ("MOU") with a term of October 1, 2018 through September 29, 2022; and WHEREAS, the MOU provides that "Effective the beginning of the pay period following Council adoption, employees classified as "classic" PERS shall contribute an additional One Percent (1 %) [total of 8%] of the employee normal cost as provided under California Government Code section 20516.5" (2018-2022 PSSEA MOU, Art. 2, Sec. 2.06, Subd. 1.); WHEREAS, the City did not start the withholding following the City Council's adoption of the MOU or withhold the agreed upon amount from "classic" members during the term of the MOU; and WHEREAS, the Parties are interested in starting the withholding while they negotiate a successor MOU. WHEREAS, the following sets forth the Parties' Agreement: Within two (2) weeks of the City Council adopting the resolution approving this side letter, the City will send an executed copy of this side letter to the California Public Employees' Retirement System ("CaIPERS") requesting an amendment to the City's contract with CaIPERS in order for the contract to reflect that the additional one percent (1 %) that the City is providing to CaIPERS is a contribution by members, not the City; As soon as is practicable following the City's receipt of "Resolution of Intention Packet" from CaIPERS, the City will conduct an election of the "classic" members in the bargaining unit. As soon as is practicable following the completion of the election, the City will submit to the City Council a resolution authorizing the contract amendment. As soon as is practicable following the City Council's vote on the resolution, the City will submit to CaIPERS the forms necessary for CaIPERS to review and approve the proposed contract amendment; In the first full pay period following the City's submission to CaIPERS of the forms necessary for CaIPERS to review and approve the proposed contract amendment, the City will deduct from each "classic" member's compensation earnable an additional one Agreement No. 5687A PSSEA Side Letter Cost Sharing Page 2 of 3 percent (1 %). Until such time as CaIPERS approves the contract amendment, this additional one percent (1 %) will constitute an employer contribution; When CaIPERS approves the contract amendment, the City will notify PSSEA and will change how the City reports the contributions to CaIPERS such that PSSEA members receive credit for the additional one percent (1 %) as a member contribution; and The following language shall replace the language provided at Article 2, Section 2.06 Subdivision 1. of the 2018-2022 MOU between the City and PSSEA, and shall be incorporated into the successor MOU between the City and PSSEA: Effective the first pay period following the City's submission to CaIPERS of the forms necessary in order for CaIPERS to review and approve a proposed amendment to the City's contract with CaIPERS, and pursuant to Government Code section 20516, subdivision (f), employees who are considered to be "classic members" (i.e., all employees that do not qualify as "new" members under the Public Employees' Pension Reform Act of 2013 ("PEPRA")) shall contribute an additional one percent (1 %) of their compensation earnable toward the employer's required contribution to the California Public Employees' Retirement System ("CaIPERS") for retirement benefits. The one percent (1 %) contribution by "classic members" shall be made via payroll deductions and shall be administered by the City. As a result of the additional contribution, the total withholding for employees who qualify as "classic members" shall increase from the current seven percent (7%) statutory member contribution to eight percent (8%), which shall include the one percent (1 %) cost -sharing amount. The City shall continue such withholding pursuant to Government Code section 20516, subdivision (f), until such time as the City amends its contract with CaIPERS, at which time the employee contribution rate shall be governed by the terms of that contract. Agreement No. 5687A PSSEA Side Letter Cost Sharing Page 3 of 3 FOR THE CITY OF EL SEGUNDO ql,.w A' o-Y 5/4/23 Darrell George;, City Manager Date Rebecca Redyk, Director of Human Resources Date ��7' 6S � / SO ander V. olberding ` Date Labor Negotiator FOR THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION i -nw urtado, President biFiKyr (9 amagon , e President AmVMlhM rin ,Raiij6r, reasu er Vicky Barker Labor Negotiator Date 6)� 0 . � A bated- 2-3 May 3, 2023 Date