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HomeMy WebLinkAboutRES NO 029-2022RESOLUTION NO. 02 .g ® 2 02 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, the City of Bakersfield (the "City") is currently participating in the Public Agencies Post -Retirement Health Care Plan Trust for the pre -funding of its retiree health benefits and other postemployment benefits other than pension benefits ("OPEB"); and WHEREAS, the City desires to set aside funds for the purpose of pre -funding its CalPERS pension obligation that will be held in trust for the exclusive purpose of making future contributions of the City's required pension contributions and any employer contributions in excess of such required contributions at the discretion of the City; and WHEREAS, PARS has made available the Public Agencies Post -Employment Benefits Trust (the "Program") for the purpose of pre -funding both pension obligations and/or OPEB obligations as specified in the City's plans, policies and/or applicable collective bargaining agreements; and WHEREAS, the City is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City can manage the pre -funding of its pension and OPEB obligations in a single trust under this Program, thereby gaining administrative and cost efficiencies; and WHEREAS, the City's adoption and operation of the Program has no effect on any current or former employee's entitlement to post -employment benefits; and WHEREAS, the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and - Page 1 of 3 Pages - O��AK�'�cfl ORIGINAL® WHEREAS, the City's funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program; and WHEREAS, the City adopted Resolution No. 008-07 on January 17, 2007 adopting the PARS trust agreement, the Post -Retirement Health Care Master Plan document, and the Investment Guidelines for the trust assets; and WHEREAS, the City desires approval of a new Investment Guidelines Document to expand the investment opportunities available to maximize investment returns in the trust while still maintaining a moderately conservative approach. The change will provide more fixed income (debt security) options and a more active management approach as opposed to index -based options. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The City Council hereby adopts the Public Agencies Post - Employment Benefits Trust, effective. MAR 0 2 2022 3. The City Council hereby approves the updated Investment Guidelines Document for assets held in the Trust. 4. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City's Plan Administrator for the Program. 5. The City's Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's Program. 6. The City Council, in accordance with Section 3.3 of the Public Agencies Post -Retirement Health Care Plan Trust adopted effective January 17, 2007, hereby authorizes the withdrawal from said trust and directs the transfer of City assets held in said trust to the OPEB Account established in the name of the City under the Public Agencies Post -Employment Benefits Trust, adopted herewith. - Page 2 of 3 Pages - o``3AKF9� a rn OoRGINOr HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on .MAR 0 /- 2022 , by the following vote: YES COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER quui6i��" J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR o 1 7n97 By A1001 o2l WEN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H. RUDNICK Deputy City Attorney Attachments: Exhibit A JHR/ag S:\Accounting\Admin\Admin Reporis\PARS Combo Trust Reso.docx s - Page 3 of 3 Pages - ORIGINAL