Ord 72ORDINANCE NO. 72
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1
That an amendment to the Contract between the City Council of the City of
Poway and the Board of Administration, California Public Emplovees' Retire-
ment System is hereby authorized, a copy of said amendment beinq attached
hereto, marked "Exhibit A," and by such reference made a part hereof as
though herein set out in full.
Section 2
The Mayor of the City Council is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect 30 days after the date of its adoption, and
prior to the expiration of 15 days from the passage thereof shall be pub-
lished at least once in the Poway News Chieftain a newspaper of general
circulation, published and circulated in the City of Poway and thenceforth
and thereafter the same shall be in full force and effect.
Introduced and first read at a reqular meetinq of the City Council of the
City of Poway held the 21st day of September, 1982, and thereafter PASSED AND
ADOPTED at a regular meetinq of said City Council held the 26th day of October
1982, by the following roll call vote:
AYES: COUNCILMEMBERS : EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON
NOES: COUNCILMEMBERS : NONE
ABSENT: COUNCILMEMBERS : NONE
Mary L. I hepar son, Mayor
Marjori Wahlsten, City Clerk
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF POWAY
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract under
date of January 28, 1981, effective February 1, 1981, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective February 1, 1981, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous and age 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after February 1, 1981 making its employees as
hereinafter provided, members of said System subject to all provisions
of the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except such as by
express provisions thereof apply only on the election of contracting
agencies.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Firemen (herein referred to as local safety members);
b. Employees other than local safety members (herein referred to as
local miscellaneous members).
EXHIBIT A TO
ORDINANCE 72
Adopted 10 -26 -82
8. The following additional provisions of the Public Employees'
Retirement Law which apply only upon election of a contracting agency
shall apply to the Public Agency and its employees:
a. Section 20952.5 (Age 50 voluntary retirement) for local safety
members only.
b. Section 21361.5 (Local System Service Credit), for local
miscellaneous members only.
C. Sections 21380 -21387 (1959 Survivors Program), including Section
21382.2 (Increased 1959 Survivors Benefits).
9. Public Agency, in accordance with Section 20759.1 Government Code,
shall not be considered an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law. Contributions of the Public Agency
shall be fixed and determined as provided in Section 20759, Government
Code, and such contributions hereafter made shall be held by the Board
as provided in Section 20759, Government Code.
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
as miscellaneous members of said Retirement System:
(1) 2.723 percent until June 30, 2004 on account of the
liability for prior service benefits.
(2) 8.406 percent on account of the liability for current
service benefits.
(3) 0.400 percent on account of the liability for the 1959
Survivor Program.
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said Retirement System:
(1) 2.665 percent until June 30, 2001 on account of the
liability for prior service benefits.
(2) 11.329 percent on account of the liability for current
service benefits.
(3) 0.200 percent on account of the liability for the 1959
Survivor Program.
V
C. A reasonable amount per annum, as fixed by the Board to cover the
costs of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
d. A reasonable amount as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement.System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
the day of , 19
Witness our hands the
day of
19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
Cy hia G. Besemer,' Legal Office, Date
CITY COUNCIL
OF THE
CITY OF POWAY
BY
Presiding Officer
Attest:
Clerk
PERS CON -702