Reso 0644-10/1982 RESOLUTION NO. 644
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING
AN AMENDMENT TO THE CONTRACT OF THE SAN MARCOS
COUNTY WATER DISTRICT AND THE BOARD OF ADMINIS-
TRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
WHEREAS, the Board of Administration of the Public Employees'
Retirement System and Board of Directors of the San Marcos Coun~ Water
District entered into a Contract effective on October 20, 1982, providing
for the participation of said San Marcos County Water District in Public
Employees' Retirement System; and
WHEREAS, it is now desirable to take advantage of certain benefits
provided under said Retirement System and not included in said Contract;
NOW, THEREFORE, BE IT RESOLVED that said Board of Directors auth-
orized, and it does hereby authorize, and amendment to said Contract, a copy
of said amendment being attached hereto marked Exhibit "A", and by such re-
ference made a part hereof as though herein set out in full; and
BE IT FURTHER RESOLVED that the presiding officer of said Board of
Directors be, and is hereby authorized, empowered and directed to execute
said amendment for and on behalf of said San Marcos County Water District.
PASSED AND ADOPTED on the 18th day of October 1982, by the following
roll call vote:
AYES: Directors: Newport, Mason, Holm, Ferguson, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
377
EXHIBIT "A"
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
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 under
date of December 4, 1967, effective January 5, 1968, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through ll are hereby stricken from said contract as executed
effective January 5, 1968, and hereby replaced by the following paragraphs
numbered 1 through 9 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.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 5, 1968, 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
such as by express provisions thereof apply only on the election of
contracting agencies.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each class as are
excluded by law or this agreement:
a. 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:
NO ADDITIONAL EXCLUSIONS
4. The fraction 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 subject to the reduction provided therein for Federal
Social Security (Modified 2% at age 60).
5. The following additional provisions of the Public Employees'
Retirement Law which apply only upon election of a contracting
agency shall apply to the Public Agency and its employees:
a. Section 20024.2 (One-year final compensation).
6. Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees Retirement Law effective as of the effective date of
this amendment to contract. Accumulated contributions of Public
Agency as of the date of such amendment shall be fixed and determined
as provided in Section 20759, Government Code, and such accumulated
contributions hereafter made shall be held by the Board as provided
in Section 20759, Government Code.
-1-
7. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
as miscallaneous members of said Retirement System:
(1) 10.082 percent on account of the liability for current
service benefits.
b. A reasonable amount per annum, as fixed by the Board to cover
the costs of admi ni steri ng said System as it affects the
employees of Public Agency, not including 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.
8. 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.
9. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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 remittance, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the
form of warrants, bank checks, bank drafts, certified checks, money
orders or cash.
B. This amendment shall be attached to said contract and shall be effective
on the 20th day of October 1982.
Witness our hands the lath day of October 1982.
BOARD OF ADMINISTRATION BOARD OF DIRECTORS OF THE SAN
PUBLIC EMPLOYEES' RETIREMENT SYSTEM MARCOS COUNTY WATER DISTRICT
BY BY
CARL J. BLECHINGER, EXECUTIVE OFFICER PRESIDENT OF THE BOARD
Approved as to form: Attest:
Cynthia G. Besemer, Legal Officer, Date Secretary of the District
-2-
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
OF THE
SAN MARCOS COUNTY WATER DISTRICT
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract under
date of December 4, 1967, effective January 5, 1968, .which provides for partic-,
ipation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs I through 11 are hereby stricken from said contract as executed
effective January 5, 1968, and hereby replaced by the following paragraphs
numbered 1 through 9 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.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 5, 1968 making its employees as herein-
after 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 such as by
express provisions thereof apply only on the election of contracting
agencies. .-!..%
3- Employees of Public .Agency in the following classes. shali?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).
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:
NO ADDITIONAL EXCLUSIONS
4- The fraction 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 subject to the reduction provided therein for Federal
Social Security (Modified 2% at age 60).
5. The following additional provisions of the Public Employees'
Retirement Law which apply only upon election of a contracting agency
shall apply to the Public Agency and its employees:
a. Section 20023.2 (One-year final compensation).
6. Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees Retirement Law effective as of the effective date of
this amendment to contract. Accumulated contributions of Public
Agency as of the date of such amendment shall be fixed and determined
as provided in Secrion 20759, Government Code, and such accumulated
contributions and contributions hereafter made shall be held by the
Board as provided in Section 20759, Government Code.
7- Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
as miscellaneous members of said Retirement System:
(1) 10.082 percent on account of the liability for current
service benefits.
b. A reasonable amount per annum, as fixed by the Board 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.
8. 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.
9- Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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 mount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Paymenus by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
the 20th day of OCTOBER , 1982.
Witness our hands the 18th day of October , 1982.
BOARD OF ADMINISTRATION BOARD OF DIRECTORS
PUBLIC E)~LOYEES' RETIRE.~iiT SYSTEM OF THE
SAN MARCOS COMITY WATER DISTRICT
t
Approved as to form: Attest:
C~thia G. Bese~er, Legal Office, Date ~ 5ecretar
PERS COY-70