Ord 564ORDINANCE NO. 564
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
WHEREAS, the City of Poway has determined that it is in the best interest of the City
and its employees to amend the contract between the City Council and the Board of
Administration of the California Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement System provides for an agency to
amend its contract to provide optional benefits; and
WHEREAS, one of the steps in the procedure to amend this contract is the adoption by
the governing body of the public agency of an ordinance effecting the amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
Section I: 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", and by
such reference made a part hereof as though herein set out in full.
Section I1: The Mayor of the City Council is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of said Agency.
Effective Date: This Ordinance shall take effect and be in force thirty (30) days after the
date of passage; and before the expiration of fifteen (15) days after its passage, it shall be
published once with the names of members voting for an against the same in 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 15th day of October, 2002, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 12th day of November 2002.
AYES: ENERY, GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
HIGGINSON, REXFORD
Robert C. Emery, Deputy
ATTEST:
~'~errie D. Worrell, Deput-~'City Clerk
Ordinance No. 564
Page 2
Ca!PERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT
TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
City Council
City of Poway
The Board of Administration, Califomia Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the 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 December 6, 1982, December
19, 1986, Apdl 3, 1989, June 25, 1990, January 7, 1991, July 7, 1993, September 8, 1993,
September 20, 2000, December 6, 2000 and June 25, 2001 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
Ao
Paragraphs 1 through 14 are hereby stdcken from said oontract as executed
effective June 25, 2001, and herebY replaced by the following paragraphs
numbered 1 through 14 inclusive:
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. "No,mai retirement age"' shall mean age 55 for local
miscellaneous members and age 50 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 contracting agency.
o
Ordinance No. 564
Page 3
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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:
Local Fire Fighters (herein referred to as local safety members);
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 said Retirement System:
a. POLICE OFFICERS.
This contract shall be a continuation of the ben~-s o~¥he---~_,0n~act-'(~f th~
Poway Municipal Water District, hereinafter referred to as "Fo~mer Agency",
pursuant to Section 20567.2 of the Govemment 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. Legislation repealed said
Section effective January 1, 1988.
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 dedved therefrom and
liability for prior and current service under FOrmer Agency's contract with
respect to the Former Agency's employccs. Legislation repealed said
Section effective January 1, 1988.
The percentage 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 21354 of said Retirement Law
(2% at age 55 Full).
The percentage of final compensation to be provided for each year of
credited pdor and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law (3%
at age 50 Full).
Ordinance No. 564
Page 4
PLEASE DO NOT SIGN "EXHIBIT ONLY"
o
Public Agency elected and elects to be subject to the following optional
provisions;
Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
b. Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
c. Section 21574.5 (Indexed Level of 1959 Survivor Benefits).
d. Section21548 (Pre-Retirement Optional Settlement 2 Death Benefit).
10.
Public Agency, .in accordance with Government Code Section 20834, 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 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
11.
Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of pdor and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
ao
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574.5 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 survivors of all local
miscellaneous members and local safety members.
A reasonable amount, as fixed by the Board, payable in one
installment 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.
Co
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.
Ordinance No. 564
Page 5
13.
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.
14.
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 Boar~
This amendn~shall be effective on the ~
day of
BOARD OF ADM~TRATION
PUBLIC EMPLO.'~S' RETIREMENT SYSTEM
CITY COUNCIL .~,
CITY OF POWAY
BY ~ BY
KENNETH W~Q~ARZION, CHIEF· PRESIDING OI--
ACTUARIALqt;~MPLOYER SERVICES DIVISION
PUBLIC E~_OYEES'
RETIREMENT SYSTEM
Vv, r2
tness4;~'~e
· Atte~.~'~
AMENDMENT ER~ 1279
PERS-CON-702A (Rev. 8~2)