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HomeMy WebLinkAboutResolution No. 2022-23KENAI CITY OF KENAI RESOLUTION NO. 2022-23 Sponsored by: Administration A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CITY OF KENAI'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO REMOVE THE "PROGRAM OR PROJECT EMPLOYEE" CATEGORY OF EMPLOYEES FROM PARTICIPATION EFFECTIVE JULY 1, 2022. WHEREAS, City employees participate in the Alaska Public Employees Retirement System (PERS) unless specifically removed by plan amendment; and, WHEREAS, the City has amended its participation agreement a total of six times to remove designated categories of employees from participation in PERS, including All Elected Officials, Recreation Center Worker, Visitor Center Worker, and Janitor; and, WHEREAS, the City wishes to remove the "Program or Project Employee" category of employee from PERS; and, WHEREAS, because the City has never employed a "Program or Project Employee," removing this category of employees from participation in PERS will ensure a termination study is not required should a position under this category later be eliminated and creates no ongoing PERS liability to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute the seventh amendment to the City of Kenai participation agreement with the Public Employees Retirement System (PERS) effective July 1, 2022, to read as follows: The political subdivision agrees that all eligible employees except in the following designated categories will participate in the Retirement System: All Elected Officials Recreation Center Assistant Visitor Center Assistant Janitor All Program or Project Employees Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20T" DAY OF APRIL, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle Sa MC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] I ov KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Christine Cunningham, Human Resources Director DATE: April 8, 2022 SUBJECT: Resolution 2022-23 Authorizing an Amendment to the City of Kenai Public Employees Retirement System (PERS) Participation Agreement At its meeting on April 6, 2022, the City Council enacted Ordinance No. 3275-2022 to add a new category of temporary employees titled "Program or Project Employee" and establish benefits for this new employee category. The Ordinance included language that a resolution amending the City of Kenai's Public Employees Retirement System (PERS) participation Agreement with the State of Alaska would be necessary to allow the City to hire employees under this category. If an employer participating in PERS wishes to exclude an eligible position or class of employees from PERS, it is recommended by the State of Alaska Division of Retirement and Benefits that the employer pass a resolution to exclude the position and amend its PERS participation agreement prior to hiring the employee. Resolution 2022-23 authorizes the seventh amendment to the City's PERS participation agreement, removing the new "Program or Project Employee" category of employees from participation by plan amendment. Previously excluded positions or classifications from participation include All Elected Officials, Recreation Center Worker, Visitor Center Worker, and Janitor. Removing the "Program or Project Employee" category of employees from participation in PERS will ensure a termination study is not required should a position hired under this category later be eliminated and creates no ongoing PERS liability to the City. If Council passes Resolution 2022-23, the first example of how this new category might be utilized would be proposed by the Administration as part of the annual budget for the fiscal year 2023. It would allow the City to hire a full-time Grant Writer to provide the necessary support to pursue grants for the Bluff Stabilization Project and the funding opportunities available through the Federal Infrastructure Bill for a pre -established period exceeding six months without creating a permanent position and avoiding the cost of a termination study to later remove the position. Your consideration is appreciated f ' PUBLIC EMPLOYEES' RETIREMENT SYSTEM Division of Retirement and Benefits PO Box 110203 Juneau, AK 99811-0203 Phone: (907) 465-4460 Fax: (907) 465-3086 PARTICIPATION AGREEMENT AMENDMENT NO. 7 The Public Employees' Retirement System (PERS) Participation Agreement entered into between the State of Alaska (hereafter referred to as the State) and the City of Kenai on July 1, 1969, and approved by the State on July 1, 1969 is amended effective July 1, 2022, by changing subparagraph 2 on page 2 to read as follows: The political subdivision agrees that all eligible employees except in the following designated categories will participate in the Retirement System: All Elected Officials Recreation Center Worker Visitor Center Worker Janitor All Program or Project Employees Approved: Administrator Authorized Representative Signature Authorized Representative Name (please type/print) Authorized Representative's Title Date