Res 00-106RESOLUTION NO. 00-106
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 21574.5 (Indexed Level of 1959 Survivor
Benefits) for local miscellaneous members and local safety
members.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, that the governing body of the above agency does hereby give notice of
intention to approve an amendment to the contract between said public agency and the
Board of Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, as "Exhibit" and by this reference made a part
hereof.
ATTEST:
~ori~nn~ P~oples, Cit~ Cl~r~- -
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 14th day of November 2000.
Mich~ ,M_~or
-- Resolution No. 00-106
Page 2
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS,
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 00- 106, was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of November, 2000,
and that it was so adopted by the following vote:
AYES:
NOES:
AB STAIN:
ABSENT:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NONE
NONE
NONE
Lor~Anne Peoples, C~t~ (~lerk
City of Poway
CalPERS
Resolution No. 00-i06
Page 2
EXHIBIT
California
Public Employees' Retirement System
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, September 8, 1993 and September 20, 2000 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 20, 2000, 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
Resolution No. 00-106
Page 3
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 dedved
therefrom and liability for prior and current service under Former Agency's
contract with respect to the Fo~mer 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).
10.
11.
Resolution No. 00-].06
Page 4
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.
Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
c. Section 21574.5 (Indexed Level of 1959 Survivor Benefits).
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:
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.
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.
Resolution No. 00-106
Page 5
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.
This amendment shall be effective on the
day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF POWAY
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
PRESIDING OFFICEP, Michael P. Cafagna
Witness Date
Attest:
Clerk, Lori Anne Peoples
AMENDMENT
PERS-CON-702A (Rev. 8\96)