CC RESOLUTION 5416RESOLUTION NO. 5416
A RESOLUTION ADOPTING A SIDE LETTER AGREEMENT BETWEEN
MEMBERS OF THE POLICE SUPPORT SERVICES EMPLOYEES'
ASSOCIATION ("PSSEA") AND THE CITY OF EL SEGUNDO TO SHARE
THE COSTS OF THE EMPLOYER CONTRIBUTION PURSUANT TO
GOVERNMENT CODE SECTION 20516
The City Council of the City of El Segundo does hereby resolve as follows:
SECTION 1: The City of El Segundo Police Support Services Employees' Association
("PSSEA") and the City of El Segundo, are currently parties to a Memorandum of
Understanding ("MOU") with a term of October 1, 2018, through September 29, 2022.
SECTION 2. The MOU provides that "effective the beginning of the pay -period following
Council adoption, employees classified as "classic" PERS members 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. 2.06, Sec.
1.).
SECTION 3: The City did not start the withholding upon Council adoption in March 2019
the agreed upon amount from "classic" members during the term of the MOU.
SECTION 4: Representatives from the City and PSSEA met and conferred in good faith
to reach a Side Letter Agreement to start the withholding while they negotiate a successor
MOU.
SECTION 5; The parties reached agreement on the Side Letter Agreement in or around
May 2023.
SECTION 6: In May 2023, members of PSSEA voted to ratify the Side Letter Agreement
to start the withholding while the City completes the formal CalPERS contract amendment
process.
SECTION 7: The following language shall replace the language provided at Article 2.06
Section 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 CalPERS of the forms necessary in order for CalPERS to
review and approve a proposed amendment to the City's
contract with CalPERS, 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
RESOLUTION NO. 5416
PAGE 1 of 3
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 ("CalPERS") 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 CalPERS, at which
time the employee contribution rate shall be governed by the
terms of that contract.
SECTION 8: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 9: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED RESOLUTION NO. 5416 this 16th day of May, 2023.
Dr br
ATTEST:
Tracy Wea er, City Clerk
APPROVED AS TO FORM:
Mark D. He sley, City Attorney
Exhibit A: PSSEA Side Letter
RESOLUTION NO. 5416
PAGE 2 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5416 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 16t" day of May, 2023, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk,
Council Member Giroux and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of May, 2023,
T y Weaver, City Clerk
of he City of El Segundo,
California
RESOLUTION NO. 5416
PAGE 3 of 3
Agreement No. 5687A
EXHIBIT A
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 ("PSSEK) (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" (Le., 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
Oma 4,zry
Darrell George,, City Manager
5/4/23
Date
-L4 r0-0,-X3
Rebecca Redyk, Date
Director of Human Resources
carder olberdirg, Date
Labor Negotiator
FOR THE EL SEGUNDO POLICE SUPPORT SPRVICES EMPLOYEES
ASSOCIATION
u ado, President
Vicky Barker
Labor Negotiator
Date
May 3, 2028
Date