Res 23RESOLUTION NO. 23
RESOLUTION OF INTENTION
TO APPROVE A CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF POWAY
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Public Employees' Retirement Law permits the participation of
public agencies in the Public Employees' Retirement System, making
their employees members of said System, and sets forth the procedure
by which participation may be accomplished; and
one of the steps required in the procedure is the adoption by the
Governing Body of the Public Agency of a resolution giving notice of
intention to approve a contract for such participation between said
Governing Body and the Retirement System Board of Administration,
which resolution shall contain a summary of the major provisions of
the proposed retirement plan; and
the City of Poway is aware and consents to the amendment of the Poway
Municipal Water District effective January 31, 1981, providing for a
miscellaneous category and providing 100~ prior service for local mis-
cellaneous and local safety members with a transfer to the Public
Employees' Retirement System of their local retirement assets.
attached is a summary of the major provisions of the proposed plan:
To provide for a merger of the contracts of the Poway
Municipal Water District and the Pomerado County Water
District into the contract of the City of Poway.
NOW, THERFORE, BE IT RESOLVED, that the Governing Body of the above agency
gives, and it does hereby give notice of intention to approve a
contract between said Governing Body and the Board of Administration
of the Public Employees' Retirement System, providing for participation
of said agency in said Retirement System, a copy of said contract and
a copy of the summary of the major provisions of the proposed plan
being attached hereto, as an "Exhibit", and by this reference made a
part hereof.
f - ~-(Name)
Mayor
(Title)
Ret. Form 122
January 7, 1981
(Date adopted and approved)
CONTRACT
CITY COUNCIL
OF THE
CITY OF POWAY
In consideration of the covenants and agreement hereafter contained and on
the part of both parties to be kept and performed, the governing body of above
public agency, hereafter referred to as "Public Agency", and the Board of
Administration, Public Employees' Retirement System, hereafter referred to as
"Bosrd", hereby agree as follows:
Ail 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 fire members.
Public Agency shall p~rticipate in the Public Employees' Retirement
System from and after February 1 , 1981 making its employees as herein-
after 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 contractigg
agencies.
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);
bo
Employees other than local safety members (herein referred to as
local miscellaneous members).
In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of ssid Retirement System:
ELECTED OFFICIALS
Public Agency and the Poway Municipal Water District have agreed to a
merger of their contracts, pursuant the Secion 20567.8 of the Govern-
ment Code. Such merger is effective as of February 1, 1981. Public
Agency, by this contract, assumes the assets and liabilities accumu-
lated under the former contracts of Poway Municipal Water District.
Service performed for the former agency prior to the effective
date of this contract shall be subject to the terms and
conditions of the former agency's contract as it was in effect at
theft timo. Service performed after the effective date of this
contract shall be subject to the terms and conditions of this
contract. For purposes of computing retirement allowances,
separate calculations shall be made for service performed under
each contract.
Public Agency and Pomerado County Water District have agreed to a
merger of their contracts, pursuant the Secion 20567.8 of the Govern-
ment Code. Such merger is effective as of February 1, 1981. Public
Agency, by this contract, assumes the assets and liabilities accumu-
lated under the former contracts of Pomerado County Water District.
aG
Service performed for the former agency prior to the effective
date o£ this contract shall be subject to the terms and
conditions of the former agency's contract as it was in effect at
that time. Service performed after the effective date of this
contract shall be subject to the terms and conditions of this
contract. For purposes of computing retirement allowances,
separate calculations shall be made for service performed under
each contract.
The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 2~251.13 of said
Retirement Law (2% at age 60).
The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.6 of said Retirement Law
(2% at age 55).
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.
9. Public Agency shall contribute to said Retirement System as follows:
aG
With respect to miscellaneou~ members, the agency shall con-
tribute 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.
W~ith respect to ~]ocal f~re members, the agency shall contribute
the following percentages of monthly salaries earned as local
safehy member~ of .~aid Retirement System:
(1) 2.66~; percent until .June 30, 2OO~ on account of the
'liability for prior service benefits.
(2) 11.320 percent on account of the liability for current
:~ervice benefits.
Co
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.
A reasonable amount as fixed ky the Board, payable in one install-
ment as the occasions arise, to cover the costs of special valua-
tions on account of employees of Public Agency, and costs of the
periodic investigation and valuations required by law.
10.
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.
11.
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.
Witness our hands the
day of , 1 9
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL OF THE
CITY OF POWAY
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
Cynthia G. Besemer, Legal Office, Date
BY ~.~'~
P r~.[~f lice r
Attest:
Clerk
PERS CON-702
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy
of a Resolution adopted by the
City Council
(Govemning Body)
of the
City of Poway
(Name of Public Agency)
on
January 7, 1981
(Date)
, appearing at Page 23
Volume 1
of the (~l'~) (Official Records) of the
City Council
(Governing Body)
~ C)ITY CL'~'~~
PERS-CON-12 (11/77)
Public Employees' Retirement System
Post Office Box 1957
Sacramento CA 95809
CERTIFICATION OF COMPLIANCE WITtI
GOVERNMENT CODE S~CTION ?~07
I hereby certify that in accordance with Section ?50? of the
Government Code the future annual costs as determined by the System
Actuary have been made public at a public meeting at ]east two weeks
prior to the adoption of the public retirement plan benefits as provided
2% 55 full
by the 2% 60 full which will be adopted by the
(benefit formula)
City Council
(governing body )
of the
City of Powa¥
(public agency)
Date: January 8, 1981
drSginal ~ignature
City Clerk
official title
PERS-CON-] ?B (6/?9) (Contract)