Res 00-086RESOLUTION NO. 00-086
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, TO APPROVE AN AMENDMENT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY OF POWAY
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 20042 (One-Year Highest Compensation) 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.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 29th day of August 2000.
ATTEST:
~-~rilAnne I~eoples, City~l~k -
r
Resolution No. 00-086
Page 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 00-086, was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of August 2000, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
-- ' - Peoples, Cit~/(~ --
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.
J
o
PLEASE DO NOTqI . " .
, EXH ,.,IT r'
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);
bo
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.
DO NOT SI ,I "EXHIBIT
b. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
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 SYSTEIVL. ~'~, ,~
,,,-~ '" Witness Date ~."~ '
AMENDMENT
PERS-CON-702A (Rev. 8\96)