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Home My WebLink About1979-06-14 - Resolution No. 79-29RESOLUTION NO. 79-2/ 0 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AUTHORIZING AN AMENDMENT TO THE CONTRACT PROVIDING FOR THE PARTICIPATION OF THE YORBA LINDA COUNTY WATER DISTRICT IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, MAKING ITS EMPLOYEES MEMBERS OF SAID SYSTEM WHEREAS, the Board of Administration of the Public Employees' Retirement System and Board of Directors of the YORBA LINDA COUNTY WATER DISTRICT entered into a Contract effective on Dec!~.mher 21. 1975 providing for the participation of said Yorba Linda County Water District in the 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 authorized, and it does hereby authorize, an amendment to said Contract, a copy of said amendment being attached hereto marked "Exhibit A", and by such reference 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 he is hereby authorized, empowered and direct- ed to execute said amendment for and on behalf of said YORBA LINDA COUNTY WATER DISTRICT. ADOPTED this /yC day of 1979. 0 "President0 ~ ATTEST: .C.~i~rr _ to Secretary PERS-Con-13-YLCWD 6-79 w a w AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS OF THE YORBA LINDA 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 November 26, 1975, effective December 21, 1975, 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 December 21, 1975, and hereby replaced by the following paragraphs number 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 miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 21, 1975, 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 such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as 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. Assets heretofore accumulated with respect to members in the local retirement system shall be transferred to the Public Employees' Retirement System upon the effective date of this contract and applied against the liability for prior service incurred hereunder. That portion of the assets so transferred which represents the accumulated contributions (plus interest thereupon) required of the employees under said local system shall be credited to the individual membership account of each such employee under the Public Employees' Retirement System. CON-702-1 tS • 5. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member upon retirement at normal retirement age shall be that provided in Section 21251.13 of said Retirement Law with all service prior to Social Security termination (September 30, 1977) subject to the reduction provided by said section. 6. No credit shall be granted for service prior to January 1, 1960 (date district was organized). 7. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to Us Public Agency and its employees: a. Section 21361.5 (Providing that years of service rendered as a member of the local retirement system prior to the effective date of this contract shall be included in the computation of the basic death benefit provided in Section 21361 upon the death of any member who was also a member of said Local System shall apply). b. Section 20862.8 (providing service credit at retirement for unused sick leave). c. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on December 21, 1975. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20/59, Government Code. 9. 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) 2.432 percent until June 30, 2005 on account of the liability for prior service benefits. (2) 9.125 percent on account of the liability for current service benefits. (3) 1.000 percent on account of the liability for the 1959 Survivor Program. 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 periodical investigation and valuations required by law. CON-702-2 c. A reasonable amount as fixed by the Boars, 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 periodical investigation and valuations required by law. i 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 periodical 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 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 the lit day of July 19 79 Witness our hands this 7 ~ day of .4"~ , 19 7 BOARD OF ADMINISTRATION BOARD OF DI CTORS PUBLIC ENPLOYEES' RETIREMENT SYSTEM OF THE YORBA LINDA COUNTY WATER DISTRICT BY Carl J. Blechinger, Executive Officer Approved as to form: Legal Off ice, PERS BB Presidiifg' Officer Attest: 61e~k 9 CON-702-3 Aa"e-eA 0 State of California ) ss County of Orange ) I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba Linda County Water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board, duly held on June 14, 1979 and that it was so adopted by the following called vote: Ayes: Directors Howard Lindow, Fred Clodt, Art Korn, Whit Cromwell and M. Roy Knauft, Jr. Noes: none Absent:none Abstain: None Q44, Z ;46e-ec(~ 0 Jean E. Mathews Secretary Board of Directors Yorba Linda County Water District SEAL . • CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE: June 14, 1979 PUBLIC EMPLOYEES RETIREMENT SYSTEM P. 0. Box 1953 Sacramento, California 95809 I hereby certify: That the Board of Directors of the Yorba Linda County Water District (Governing Body) (Public Agency) adopted on June 14, 1979 , by an affirmative (Date) vote of a majority of the members of said Governing Body, Resolution (OrdtrAme or Resolution) No. 79-29 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Resolution in the form ( e or Resolution) furnished by said Board of Administration being attached hereto. ()-e- azf- e 01' Secretary Yorba Linda County Water District Name of Agency PERS-CON-5 (Rev. 3/78) 0 0 RESOLUTION NO. 79- oZy RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AUTHORIZING AN AMENDMENT TO THE CONTRACT PROVIDING FOR THE PARTICIPATION OF THE YORBA LINDA COUNTY WATER DISTRICT IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, MAKING ITS EMPLOYEES MEMBERS OF SAID SYSTEM WHEREAS, the Board of Administration of the Public Employees' Retirement System and Board of Directors of the YORBA LINDA COUNTY WATER DISTRICT entered into a Contract effective on DP,o*mber 21- IT providing for the participation of said Yorba Linda County Water District in the 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 authorized, and it does hereby authorize, an amendment to said Contract, a copy of said amendment being attached hereto marked "Exhibit A", and by such reference 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 he is hereby authorized, empowered and direct- ed to execute said amendment for and on behalf of said YORBA LINDA COUNTY WATER DISTRICT. ADOPTED this-/ day of 1979. President ATTEST: Qel~ Secretary PERS-Con-13-YLCWD 6-79 State of California ) ss County of Orange ) I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba Linda County Water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board, duly held on June 14, 1979 and that it was so adopted by the following called vote: Ayes: Directors Howard Lindow, Fred Clodt, Art Korn, Whit Cromwell and M. Roy Knauft, Jr. Noes: none Absent:none Abstain: None Mathews Secretary Board of Directors Yorba Linda County Water District Z Jean E. SEAL