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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)