HomeMy WebLinkAbout1979-05-06 - Resolution No. 79-26YORDA LINDA CODUNTY WATER DISTRICT
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4642 PLVMOSA STREET ARCA COD[ 714 PHON9 ese•7224,
VOILA LINDA. CALIFORNIA 02666
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MAILING ACDR[1•
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LETTER OF TRANSMITTAL
To: Public Employees' Retirement Date: May 21, 1979
System
P O Box 1953 Tract No: Our Jab No:
Sacramento, CA 95809 Re:
Attn: Contracts Division _
Gentlemen:
We are forwarding L'E By Mail ❑ By Messenger
No. of Copies Description
1 Resolution of Intention (with attached exhibits)
1 Certification of Governing Body's Action (Form CON 12)
1 Certification of Compliance With Goverrwent Code
Section 7507 (Form CON-12A)
1 Certification of Employees' Election (Form CON-18)
This material is sent for: [D Checking and/or Approval ❑ Your files, copies
Remarks:
Please send copies of the ammendment and documents necessary to complete
the Districts final action.
0 Please sign, seal and notarize original and copies and return to the
District with a payment of
Yorba Linda County Water District
Q
gy 01)
Raid C. Shook
General Manager
RESOLUTION NO. 79-26
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 YORBA
LINDA COUNTY 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 procedure to amend this contract is the
adoption by the legislative body of the public agency of a resolu-
tion 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 21380-21388 (allowances for survivors
of members covered under the 1959 Survivor's Program upon
the member's death before retirement).
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.
Preside
ATTEST:
Secr ary
•
STATE OF CALIFORNIA j 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 an adjourned
meeting of said Board, duly held on the 8th day of May, 1979, and that it was
adopted by the following called vote:
Ayes: Directors Lindow Clodt, Cromwell and Knauft
Noes: None
Absent: Director Korn.
Abstain: none.
Secre
ry of
the Board of
Directors
of th
Yorba
Linda County
Water District
SEAL
.i .
AMENDMENT TO CONTRACT }3ETWSEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOTZES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
OF THE
YORBA LINDA COUNTY WATER DISTRICT ~"k• ' f'
The Board of Administration, Public Employees' Retirement System, .hexer f?1,~
after referred to as "Board", and the governing body of above public agent'
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
1 J
r 1
r
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 follotiring 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 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, Govvern:nent 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.
'1E (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
valuation: or of the periodical investigation and valuacions
required by law.
CCLi-702-2
c. A reasonaoie amount as fixed by the Board ayable 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.
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 phall be effective on
the / day of ✓ / y 19 -'C/
Witness our hands this
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIRFTtENT SYS=M
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
day of
, 19
BOARD OF DIRECTORS
OF THE
YORBA ~INDA COUNTY WATER DISTRICT
BY
Presiding Officer
Attest:
c
r•
Legal Of f Jce, PERS
Clerk
CON-702-3
CERTIFICATION OF GOVERNING BODY's ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution
adopted by the Yorba Linda County Water District Board of Directors on
May 6, 1979 appearing at Page 1508 Volume 7 of the minutes of the Yorba Linda
County Water District.
Dated 7~uJio / S l y `Azz~
Secretary
Yor Linda County Water District
0 s (C
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary have
been made public at a public meeting at least two weeks prior to the
adoption of the increase in public retirement plan benefits as provided
by the addition of Section 21380-21388 (allowances for survivors of
members covered under the 1959 Survivor's Program upon the member's
death before retirement), which was adopted by the Yorba Linda County
Water District's Board of Directors on the 9th day of May 1979.
11~~2
rigi/ signa ure
official title
jam
YORBA LINDA COUNTY WATER DISTRICT
4622 PLUMOSA DRIVE PHONE (714) 528-7226
MAILING ADDRESS
P O. BOX 309
YORBA LINDA, CALIFORNIA 92686
May 21 , 1979
Board of Administration
Public Employees' Retirement System
P.D. Box 1953
Sacramento, California 95809
I hereby certify:
OFFICERS
M. ROY KNAUFT, JR. RALPH C. SHOOK
PRESIDENT GENERAL MANAGER
HOWARD LINDOW JEAN E. MATHEWS
VICE PRESIDENT SECRETARY
BETTY EMBLIDGE
AUDITOR
DIRECTORS
FRED CLODT WHIT CROMWELL
M. ROY KNAUFT, JR. HOWARD LINDOW
ARTHUR C. KORN
1, That all employees in the employ of the Yorba Linda County Water District
as of May 21 1979 who, as of that date, were members of the Public Em-
ployees Retirement System, have been given the opportunity of electing to
be covered under Sections 21380-8 of the Government Code ( 1959 Survivors
Program), in accordance with the pending contractual agreement providing this
right of election to said employees.
2. That there were 34 employees eligible to make such election and that
of these, 30 elected to be covered under Sections 21380-8, and 4
elected not to be so covered .
3. That the names of those employees electing to be covered and the names of
those employees electing not to be covered are set forth separately in a list
prepared by this agency, attached hereto and including all employees eligible
as System members to elect coverage.
4. That any employee hired prior to the date that Sections 21380-8 become
effective in the agency's contract will be given a ballot to elect coverage,
if the employee is eligible to be a member of this System. Any such ballots
will also be forwarded to this office immediately in order to establish 1959
Survivor coverage for said employees as of the same effective date as those
employees included in original election.
14/
Assistant Secretary Ralph C. Shook
Yorba Linda County Water District
icl: List covered
List not covered
ers-Con-18
YORBA LINDA COUNTY WATER DISTRICT
List of Employees
electing not to be covered
under Sections 21380-8
Name
Bolton, Josephine
Hansen, Dixie M.
Kennon, Albin
Mathews, Jean
Sf
YORBA LINDA COUNTY WATER DISTRICT
List of Employees
electing to be covered
under Sections 21380-8
Name
Arellano, Orlando
Blundo, Vincent
Bushaw, Clyde
Cabral, Johnnie
Crowley, John
Davalos, Richard
Emblidge, Betty
Faccon, Karen
Gonzales, Ruben
Hamanaka, Earl
Harris, Juanita
Harsma, Reynold
Herrera, Frank
Hutchins, Keith
Kahlen, Craig
Kinnee, Randy
Ledbetter, Alan
Leonard, Altan
Lycett, C. Irene
Moore, James
Morales, Robert
Nguyen, Chau
Payne, Michael
Pokersnik, Bertha
Raper, Anthony
Royere, Pierre
Shook, Ralph
Simpkins, Tommy
Wedemeyer, Wendy
Wunders, John