1997-026 Contract PERS i
RESOLUTION OF INTENTION NO. 97-26
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
/ BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ENCINITAS
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 for a fire category with 2% @ 50 Full formula, Section 20042 (One-
Year Final Compensation), Section 20965 (Credit for Unused Sick Leave) and
Sections 21624 and 21626 (Post-Retirement Survivor Allowance) and to provide
for the merger of Encinitas fire Protection District #0617 and Encinitas Sanitary
District #0782 into the City of Encinitas for local miscellaneous members and
local safety members, pursuant to Government Code Section 20508, effective date
of merger, June 6, 1995.
\OW, 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.
PASSED AND ADOPTED by the City Council of the City of Encinitas; State of California, on the 9th day
of April, 1997, by the following vote:
AYES: Aspell, Bond, Cameron, DuVivier
\AYES: None
ABSENT: Davis
Y v - o Davis, Mayor of t6
f rty of Encinitas; Cali(�mia
ATTEST: X „,���Q 1 .��
Deborah Cervone, City Clerk r
Book ,page
� Jt
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ENCINITAS
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 October 31, 1987, and witnessed October 1, 1987, and as
amended effective June 22, 1990 and January 13, 1996, which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective
January 13, 1996, and hereby replaced by the following paragraphs numbered 1 through
• 14 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 60 for local
miscellaneous members, age 55 for lifeguards and age 50 for local fire 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.
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);
PLEAQUE DO POT SM `EXHIBIT O'Wi"
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 contracts of the Encinitas Fire
Protection District and the Encinitas Sanitary District, hereinafter referred to as
"Former Agencies". The accumulated contributions, assets and liability for prior
and current service under the Former Agencies' contracts 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 21251.13 of said Retirement Law (2% at age 60 Full).
• 7. The percentage of final compensation to be provided for each year of credited
prior and current service as an ocean beach lifeguard member shall be determined
in accordance with Section 21369 of said Retirement Law (2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in accordance
with Section 21362 of said Retirement Law(2% at age 50 Full).
9. 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 fire members
only.
d. Section 20965 (Credit for Unused Sick Leave) for local fire members only.
•
8odcr�p�py �a2'
PLEASE DO NOT SIGN "CHIBIT 00"
e. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local
fire members only.
10. 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.
11. 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:
a. Public Agency shall contribute 51.50 per member, per month on account
of the liability for 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.
13. 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.
•
Book
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 111;
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 19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF ENCNITAS
BY
BY
KENNETH W. MA , CHIEF PRESIDING OFFR
ACTUARIAL & EMPLQ.YER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM -A
Witness Date
Attest:
Clerk
• AMENDMENT
PERS-CON-702A(Rev.8\96)
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