HomeMy WebLinkAbout2007-05-10 - Resolution No. 07-08RESOLUTION NO. 07-08
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
YORBA LINDA WATER DISTRICT
WHEREAS, the Board of Administration of the California Public Employees'
Retirement System and the Board of Directors of the Yorba Linda
Water District entered into contract effective December 21, 1975
providing for the participation of said public agency in the California
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 governing body authorized, and it
does hereby authorize, an amendment to said contract, a copy of said
amendment attached hereto and by such reference made a part hereof
as though herein set out in full; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the presiding officer of said
governing body is hereby authorized, empowered and directed to
execute said amendment for and on behalf of said public agency.
PASSED AND ADOPTED this 10th day of May 2007 by the following called vote:
AYES: Armstrong, Beverage, Collett
NOES: None
ABSTAIN: None
ABSENT: Mills, Summerfield
Ric Collett, President
Yorba Linda Water District
ATTEST:
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K_;Vc_h a e I A. ayne, Secr t
Yorba Linda Water Dist
California
Public Employees' Retirement System
AMENDMNT TO CONTRACT
Between the
Board of Administration
California.. Public Employees' Retirement System
and the
Board of Directors
Yorba Linda 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 December 21, 1975, and witnessed November 26, 1975, and as amended
effective July 1, 1979, September 26, 1999 and November 14, 2003 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 November 14, 2003, 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.
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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 shalt not
become members of said Retirement System: G
a. SAFETY MEMBERS EFFECTIVE DECEMBER 21,1975.
5. Assets heretofore accumulated with respect to members in the-local
retirement system have been transferred to the Public Employees'
Retirement System and applied against the liability for prior service
incurred thereunder. That portion of the assets so transferred which
represent the accumulated contributions (plus interest. thereof)
required of the employees under said local system has been credited
to the individual membership account of each such employee under
the Public Employees' Retirement System.
fi. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members
shall be determined in accordance with Section 21354 of said
Retirement Law, subject to the reduction provided therein for service
prior to September 30, 1977, termination of Social Security, for
members whose service has been included in Federal Social Security
(2% at age 55 Full and Modified).
7. No credit shall be granted for service prior January 1, 1960 (date
district was organized).
8. Public Agency elected and elects to be subject to the following
optional provisions:
a. Section 21536 (Local System Service Credit Included in Basic
Death Benefit).
b. Section 20965 (Credit for Unused Sick Leave).
C. Section 21574 (Fourth Level of 1959 Survivor Benefits).
d. Section 20042 (One-Year Final Compensation).
9. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective
on December 21, 1975. 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.
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 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 21574 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.
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.
I d- 14.
Arr Tvaas
B. This amendment shall be effective on the day of , 2007 A~11
BOARD OF ADMINISTRATION BOARD OF DIRECTORS
PUBLIC EMPLOYEES' RETIREMENT SYSTEM YORBA LINDA WATER DISTRICT
BY _
PRA DING 4 ICER
Witness Date
Attest:
--..
Clerk
AMENDMENT ER# 1082
PERS-CON-702A (Rev. 10105)