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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