Reso 2011-07-28 (no number) RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
COSTA MESA SANITARY 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 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.
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,parrthereor
By.Presiding Officer
Prestde„ -
p Title
,Tu(y L aot(
Date addpted and approved
(Amendment)
CON-302(Rev.4/96)
AL
Ca1PERS
EXHIBIT
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.
PLEASE DO NOT SIGN EXHIBIT 0; 't_ /
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.
PLEASE DOP,DT U u _
(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)
PLEASE DO NOS A/ u L., E ,
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
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 acc nt'Jof
errors in contributions required of any employee may be madeOy`direct
payments between the employee and the Board. , o
B This amendment shall be effective on the day of r� �'
BOARD OF ADMINISTRATION BOARD OF{ CTORS
PUBLIC EMPLOYEES' RETIREMENT SYSTEM COSTA A SANITARY DISTRICT
BY
DARRYL WATSON, CHIEF Q�RESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM Q. J
Witness Date eyJ�
Attest: ;t?‘)�(,Y
Clerk
AMENDMENT ER#1896
PERS-CON-702A