Reso 0640-09/1982 RESOLUTION NO. 640
RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
OF THE
SAN MARCOS COUNTY WATER DISTRICT
WHEREAS, the Public Employees' Retirement Law permits the partici-
pation of public agencies and their employees in the Public Employees' re-
tirement System by the execution of a contract, and sets forth the proce-
dure 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 procedure to amend this contract
is the adoption by the legislative 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 con-
tract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20024.2 (One-year final compensation).
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the
above agency gives and it 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 this 20th day of September, 1982, by
the following roll call vote:
AYES: Directors: Newport, Mason, Holm
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Mahr, Ferguson
Vic~~den~t D tors
of San Marcos County Water District
ATTEST:
EXHIBIT "A"
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
OF THE
SAN M.~RCOS COUNTY WATER DISTRICT
The Board of Administration, Public Employees' Retirement System, herein-
afzer 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 1 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, 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).
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 eac~ year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 21254.13 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 Cod~,
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 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 ~scellaneous 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 amount 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. 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
~he 20th day of OCTOBER , 1982.
Witness our hands the 18th day of October , 1982-
BOARD OF ADMINISTRATION BOARD OF DIRECTORS
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
SAN MARCOS COUNTY WATER DISTRICT
~ C~INGER, EXE~I~V~ OFFICER P . '. . r
Approved as to form: Attest:
C~thia G.' Bese~er, Legal Office, Date PER~ CON-