2002-09 PERS Amendment ORDINANCE NO. 2002-09
An Ordinance of the City Council of the City of Encinitas authorizing an
amendment to the contract between the City Council of the City of Encinitas and
the Board of Administration of the California Public Employees' Retirement
System.
The City Council of the City of Encinitas does here ordain as follows:
Section 1. That an amendment to the contract between the City Council of the
City of Encinitas 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 pert 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 thirty (30) days after the date of its
adoption and prior to the expiration of nine (9) days from the passage
thereof shall be published at least once in the Coast News, a
newspaper of general circulation, published and circulated in the City
of Encinitas and thenceforth and thereafter the same shall be in full
force and effect.
Adopted and approved this 2 6 day of June 2002, by the following vote to wit:
AYES: Guerin, Holz, Houlihan, Stocks.
NAYS: Bond.
ABSENT: None. _ ~
ABSTAIN: None. ~~ o
ATTEST:
RESOLUTION NUMBER 20.02-22
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF ENClNITAS
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencie.s 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 21363.1 (3% @ 55 Full formula) for
local safety 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 said public agency 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.
By.
Mayor
Title
April 24, 2002
Date adopted and approved
(Amendment)
CON-302 (Rev. 4/96) Book #~Pege #~
CaIPERS 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 Encinitas
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
October 31, 1987, and witnessed October 1, 1987, and as amended effective June 22,
1990, January 13, 1996, June 14, 1997, December 26, 1998 and April 26, 2001 which
provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective April 26, 2001, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
1. 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 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 31, 1987 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, a<~# I,,'~ Paee# 957
.. PLEASE DO NOT SIGN "EXHIBIT ONLY"
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. Employees other than local safety members (herein referred to as
local miscellaneous members);
b. Ocean Beach Lifeguards (included as local safety members);
c. Local Fire Fighters (herein referred to as local safety members).
4. 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.
5. This contract shall be a continuation of the contract of the Encinitas Fire
Protection District and the Encinitas Sanitary District, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Government Code.
Such merger occurred June 6, 1995.
6. 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).
7. 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 21363.1 of said Retirement Law
(3% at age 55 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20938 (Limit Prior Service to Members Employed on
Contract Date) for local miscellaneous members and ocean beach
lifeguards only.
b. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
c. Section 20042 (One-Year Final Compensation) for local safety
members only.
EXHIBIT
PLEASE DO NOT SIGN"
d. ,Section 20965 (Credit for Unused ,Sick Leave) for local fire
members only.
e. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local fire members only.
f. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
9. 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 herea~er made shall be held by the Board as provided in
Government Code Section 20834.
10. 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.
11. Public Agency shall also contribute to said Retirement System as follows:
a. 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.
b. 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.
c. 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.
12. 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.
13. 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 SYS,.~.E~M CITY OF ENCINITAS
BY ~_'~,~ ~" BY ~'~
KENNETH W MARZION, CHIF~I~X~ - PRESIDING OFFICER
ACTUARIAL ~ EMPLOYER,S~.~i[~/ICES DIVISION ,,j~,~,~,~\\ '"
PUBLIC EMPLOYEES' RE~I~'EMENT SYSTEM ,, "%"h\'
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)