Res 93-078RESOLUTION NO. 93-078
RESOLUTION OF INTENTION OF THE CITY COUNCIL
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES'RETIREMENT SYSTEM
AND THE CITY OF POWAY, CALIFORNIA
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the
Public Employees' Retirement System by the execution of a
contract, and sets forth the procedure by which said public
agencies may elect to subject themselves and their employees
to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this
contract is the adoption by the governing body of the public
agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed
change:
To provide Section 20818 (Two Years Additional
Service Credit) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of
the above agency does hereby give notice of intention to approve
an amendment to the contract between the said governing body and
the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part hereof.
ATTEST:
Marjo~i~ Wahlsten, City Clerk
Resolution No. 93-078
Page 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No.
93-078 was duly adopted by the City Council at a meeting of said City Council
held on the 8th day of June, 1993, and that it was so adopted by the following
vote:
AYES:
Cafagna, Callery, Emery, Snesko, Higginson
NOES: None
ABSTAIN: None
ABSENT: None
MarjoF/ie~K. Wahlsten, City Clerk
City ~x~_~bw ay
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF POWAY
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
December 6, 1982, December 19, 1986, April 3, 1989, June 25, 1990 and January 7, 1991, 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 stricken from said contract as executed effective January 7,
1991, 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.
"Normal retirement age" shall mean age 60 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.
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).
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.
NOT SIGN (HIBIT ONlY
o
o
10.
11.
12.
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 205(57.2 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. Legislation repealed said
Section effective Sanuary 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 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
lanuary 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 21251.13 of said Retirement Law (2% at age 60 Full).
The percentage 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
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits).
bo
Section 20818 (Two Years Additional Service Credit) for local miscellaneous
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.
Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
ao
Public Agency shall contribute $2.50 per employee, per month on account of the
liability for the 1959 Survivor Benefits 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 survivors of all local miscellaneous members
and local safety members.
bo
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.
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.
13.
14.
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.
B. This amendment shall be effective on the
BOARD I~..ADMINISTRATION
PUBLIC BffiI~LOYEES' RETIREMENT SYSTEM
CHIEF, CONTRAQT~ERVICES DIVISION
PUBLIC £MPLOYE~,~,,I~tt. TIREMENT SYSTEM
day of ,19
CITY COL~IL
OF TH .
CITY OF PI~AY
BY
Presiding
Witness Date
Attest:
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)