Reso 1167-04/2002RESOLUTION NO. 1167
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
VALLECITOS WATER DISTRICT
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 21354.3 (3% @ 60 Full and Modified
formula) for local miscellaneous 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.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a regular meeting held on the 17th day of April, 2002 by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
wuCu.4 Zk'
CRUZ, FERGUSON, HANNAN, MASON, DAVY
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
ClArf"(
Paul A. Davy, Preside
Board of Directors
Vallecitos Water District
Resolution No. 1167
Page 2
Ca1PERS
California
Public Employees' Retirement System
•
AMENDMENT TO CONT
EXHIBIT
ACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Board of Directors
Vallecitos Water District
•
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
January 5, 1968, and witnessed December 4, 1967, and as amended effective October
20, 1982, November 20, 1990, June 30, 1993 and August 17, 2000 which provides for
participation 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 August 17, 2000, and hereby replaced by the following paragraphs
numbered 1 through 11 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 those, which by
express provisions thereof, apply only on the election of a contracting
agency.
Resolution No. 1167
Page 3
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).
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. SAFETY EMPLOYEES.
5. 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 21354.3 of said Retirement Law
subject to the reduction provided therein for Federal Social Security
(3% at age 60 Modified and Full).
[Note that future legislative proposals are being considered. One
proposal could amend the 3% at 60 benefit formula under
Government Code Section 21354.3 to coincide with the 2.7% at 55
benefit formula under Section 21354.5 between the ages of 50 and
55. Another proposal being considered could amend Government
Code Section 21354.3 to make the 3% @ 60 formula applicable to
both active and inactive members who have not yet retired. If
enacted, this amendment could have an effect on your agency's
actuarial valuation and employer contribution rates in future years.]
6. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One -Year Final Compensation).
b. Section 20965 (Credit for Unused Sick Leave).
c. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
d. Section 21548 (Pre -Retirement Optional Settlement 2 Death
Benefit).
Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 20, 1982. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
Resolution No. 1167
Page 4
errors in contributions requir
payments between the em
B. This amendment shall be effew; on the
BOARD OF ADMINISTRATION
8. 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 of said Retirement System.
9. Public Agency shall also contribute to said Retirement System as follows:
a. 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.
b. 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.
10. 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.
11. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement Sys,tem within fifteen days after the
end of the period to which said contrib tins refer or as may be prescribed
by Board regulation. If more os than the correct amount
contributions is paid for any peri ,"roper adjustment shall be ma*skin
connection with subsequent re ittances. Adjustments on accQ t of
any employee may be mad `direct
e and the Board.e
day of
BOARD OF D.
PUBLIC EMPLOYEES' RETIR v1ENT SYSTEM VALLECIT
BY 4C' BY<(CJ
TORS
ATER DISTRICT
KENNETH W. MARZI CHIEF PRW)ING OFFICER
ACTUARIAL & EMPIR) ER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)