Ord 528-- ORDINANCE NO. 528
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETVVEEN
THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND DECLARING THE URGENCY THEREOF
WHEREAS, the City of Poway has agreed through contract with 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; and
WHEREAS, Government Code Section 36937(b) provides for the adoption of an
interim urgency ordinance for the preservation of the public peace, health and safety; and
WHEREAS, this ordinance is hereby declared to be an urgency ordinance to take
effect immediately in order to provide local miscellaneous employees' benefits the City has
contractually agreed to.
NOW, THEREFORE, 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, 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 immediately, and before the expiration
of (15) days after its passage, it shall be published at least once with names of members
voting for and against the same in the Poway News Chieftain, a newspaper of general
cimulation in the City of Poway.
CalPERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Poway
The Board of Administration, California 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, April 3, 1989, June 25, 1990, January 7, 1991, July 7, 1993 and September 8, 1993
which provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
Paragraphs 1 through 14 are hereby stricken from said contract as executed effective
September 8, 1993, 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 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
PLEASE DO NOT SIC"
.,.i "EXH!8tT ¢
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.
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. 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 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.
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
prior and current service as a local safety member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
10.
11.
'"LEASE DO NOT SI,r' "EXHIBIT Ol',i
b. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members unly.
Section 20042 (One-Year Final Compensation) for local miscellaneous
members only.
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.
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.
12. Public Agency shall also contribute to said Retirement System as follows:
13.
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 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.
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.
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
Board.
B. This amendment shall be effective on the __ day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF POWAY
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM, ~,
C,,,x,'~ Witness Date x ~,~"'
-"/' :':,,;:~erk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
Ordinance No. 528
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council held the 19th day
of September, 2000, by the following roll call vote:
AYES: EMERY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Michael P. Cafag(~
ATTEST:
L-or} Anne Peoples, ~ity Cl~rk -