Ord 287ORDINANCE NO. 287
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'S 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 Employees' Retirement System
is hereby authorized, a copy of said amendment being 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 and be in force thirty (30) days after the date
of its passage; and before the expiration of fifteen {15) days after its
passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 31st day of January, 1989, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 21st day of February,
1989, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
Carl R. Kruse, Ma~yor
Marjori~ K~, Wahlsten, City Clerk
6/O/PERS1
Ordinance 287
Page 2
AMENDMENT TO CONTRACT
BOARD OF ADMINISTRATION
OF
PUBLIC EMPLO¥~-"-'S' RETIRf~D~T~ SYSTEM
AND T~.
CITY COUNCI n
OF
CITY OF POWA¥
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective February 1, 1981, and witnessed January 28, 1981, and as amended
effective June 23, 1981, December 6, 1982 and December 19, 1986, which provides
for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
ae
Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective December 19, 1986, and hereby replaced by the following
paragraphs numbered 1 through 13 inclusive:
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 members and age 55 for local
safety members.
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 those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
3o
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 Fire Fighters (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
Exhibit A
4o
6e
O~d~nance 287
Page 3
In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
a. POLICE OFFICE~S .
This contract shall be a continuation of the benefits of the
contract of the Poway Municipal Water District, hereinafter referred
to as "Former Agency", pursuant to Section 20567.2 of the Government
Code, Former Agency having ceased to exist and having been required by
law to be succeeded by Public Agency on February 1, 1981. Public
Agency, by this contract, assumes the accumulated contributions and
assets derived therefrom and liability for prior and current service
under Former Agency's contract with respect to the Former Agency's
employees.
ao
Service performed for the former agency prior to February 1, 1981
shall be subject to the terms and conditions of the former
agency's contract as it was in effect January 31, 1981.
Service performed on and after February 1, 1981 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, pursuant to
Government Code Section 20567.8.
This contract shall be a continuation of the benefits of the
contract of the Pomerado County Water District, hereinafter referred
to as "Former Agency", pursuant to Section 20567.2 of the Government
Code, Former Agency having ceased to exist and having been required by
law to be succeeded by Public Agency on February 1, 1981. Public
Agency, by this contract, assumes the accumulated contributions and
assets derived therefrom and liability for prior and current service
under Former Agency's contract with respect to the Former Agency's
employees.
Service performed for the former agency prior to February 1, 1981
shall be subject to the terms and conditions of the former
agency's contract as it was in effect January 31, 1981.
Service performed on and after February 1, 1981 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, pursuant to
Government Code Section 20567.8.
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 21251.13 of said
Retirement Law subject to the reduction provided therein for Federal
Social Security (2% at age 60 Modified and Full).
10.
O~'d$ n~nce 287
Page 4
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 Full).
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:
Section 21361.5 (Local System Service Credit).
Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.2 (Increased 1959 Survivor Benefits) excluding Section
21382.4 (Third Level of 1959 Survivor Benefits) for local miscel-
laneous members.
Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits) for local fire members
only.
Public Agency, in accordance with Government Code Section 20759, shall
not be considered an "employer" for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20759, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20759.
11. Public Agency shall contribute to said Retirement System as follows:
With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1)
ao
(2)
0.148 percent until June 30, 2004 on account of the
liability for current service benefits. (Subject to annual
change.)
5.953 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1)
2.489 percent until June 30, 2001 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2)
9.232 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
'0~dinance 287
Page 5
12.
13.
This
Public Agency shall contribute $3.00 per employee on account of
the liability for the 1959 Survivor Program provided under
Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for beneficiaries of all local
fire fighter members.
A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract 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 by the Board, payable in one in-
stallment 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.
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.
Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen 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.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
amendment shall be effective on the
April , 1989
BOARD OF
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ADMINISTRATION
3rd
day of
ASSI~NT EXECUT~E OFFIt~ER
CITY COUNCIL
oF
CI TY/~ POWAY
Presiding Officer
March 7, 1989
Witness Date
PERS-CON-702 (~4ENDMENT)
(Rev. 6/88)
Attest:
Clerk