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Amendment - CalPERS - 2011-08-28 iii,,, CaTPERS California Public Employees Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees ' Retirement System and the Board of Directors Costa Mesa Sanitary 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 July 1 2004 and witnessed June 16 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows. A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective July 1 2004 and hereby replaced by the following paragraphs numbered 1 through 12 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 entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 60 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. S I. 2. Public Agency shall participate in the Public Employees Retirement System from and after July 1 2004 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 3. Public Agency agrees to indemnify defend and hold harmless the California Public Employees Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees Retirement Fund from any claims, demands, actions losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following. (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency s election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees Retirement Law (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365 of Title 11 of the United States Bankruptcy Code or any similar provision of law (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees Retirement Law (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4 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). 5 Any exclusion(s) shall remain in effect until such time as the Public Employees' Retirement System determines that continuing said exclusion(s) would risk a finding of non-compliance with any federal tax laws or regulations. If such a determination is contemplated the Public Employees Retirement System will meet with the Public Agency to discuss the matter and coordinate any required changes or amendments to the contract. 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. 6 The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7 The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full) l 8. Public Agency elected and elects to be subject to the following optional provisions. a. Section 20042 (One-Year Final Compensation) for local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. b Section 20965 (Credit for Unused Sick Leave) c. Section 20903 (Two Years Additional Service Credit) d Section 21023 5 (Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service) e. Section 21024 (Military Service Credit as Public Service) f Sections 21624 and 21626 (Post-Retirement Survivor Allowance). g. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final Compensation are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 9 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. 10 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 1110 % 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 11 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 12. 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. B This amendment shall be effective on the agtZ, day of ��,il. )01 j BOARD OF ADMINISTRATION BOARD OF DIRECTORS PUBLIC QEMPLOYEES'�RETIREMENT SYSTEM COSTA�ME�SA SANITARY DISTRICT BY Y€��--G�� ✓Jtr4- -Irv- BY `i r''v-'[ DARRYL` WATSON CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM OAL. ) c/, WitnesiiDate Attest: Clerk? - r AMENDMENT ER#1896 = r PERS-CON-702A _ - rr III CALIFORNIA PUBLICPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Aggency Contract Services P 0 Box 942709 Sacramento CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the Board of Directors of the (governing body) Costa Mesa Sanitary District (public agency) considered and adopted on August 25 , 2011 by an affirmative (date) vote of a majority of the members of said Governing Body Ordinance / Resolution No. 2011-804 - approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said Ordinance / Resolution in the form furnished by said Board of Administration being attached hereto Adoption of the retirement benefit increase was not placed on the consent calendar Cle /Secrhtary - Clerk of=tlie ta Mesa Sanitary District Title Date August 25 2011 PERS-CON-5(Rev 6/09) • • COSTA MESA SANITARY DISTRICT RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT No. 2011-804 WHEREAS, the Board of Administration of the California Public Employees' Retirement System and the Board of Directors of the Costa Mesa Sanitary District entered into a contract effective on July 1 2004 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 Adopted this 25th day of August 2011 Presiding Officer Attest: Clerk/.'•cret_ary l\ (Amendment) PERS-CON-13(Rev 1/98)