DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
April 7, 2026
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management � Lenai Bustos, Management Analyst, HR
(858) 668-4443 or [email protected]
Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Cal PERS) and the City of Poway to Incorporate Language from the California Public Employees' Pension Reform Act (PEP RA) of 2013 The City contracts with CalPERS, the nation's largest public pension fund, for public employee retirement benefits. On
January 1, 2013, the Public Employees' Pension Reform Act, known as PEPRA took effect. PEPRA was enacted to reduce pension costs and ensure long-term sustainability of the retirement system. At the time PEPRA was implemented, CalPERS did not require a formal contract amendment to incorporate the benefit changes mandated by law. CalPERS is now requiring contract agencies in California, including
the City of Poway, amend their current contracts with CalPERS to include
PEPRA language. This is a clean up item only and does not enhance, reduce or change any retirement benefits with CalPERS.
Recommended Action:
It is recommended
the City Council adopt the attached Resolution of Intention to approve the amendment to the contract between the Board of Administration of California Public Employees' Retirement System (Cal PERS) and to proceed with the first reading of the ordinance authorizing the amendment to the contract, as required by the retirement system and government code, waive further reading, and schedule the adoption of the ordinance for the May 5, 2026 Regular City Council meeting.
Discussion:
CalPERS is working with approximately 200 agencies across California who have not had contract amendments since the implementation of PEP RA on January 1, 2013. The City of Poway has not made any contract amendments since PEPRA was implemented and CalPERS reached out to City staff to request an amendment to the current contract. Cal PERS requires that both a Resolution of Intention and Ordinance be approved by the City Council to amend the current contract with Cal PERS to include PEPRA language. The Resolution of Intention is attached (Attachment A) and initiates the process for 1 of 17
April 7, 2026, Item #8
April 7, 2026, Item #8
the contract amendment. CalPERS requires that the City adopt this Resolution of Intention at least twenty (20) days prior to adopting an Ordinance approving the contract amendment. Attachment Bis the proposed Ordinance Authorizing an Amendment to the Contract Between the City Council of the City of Poway and the Board of Administration of Cal PERS. This is the first reading of the Ordinance, with a second and final reading scheduled for adoption at the May 5, 2026 Regular City Council meeting. Introduction of the attached Ordinance tonight allows for timely notice prior to Council action adopting the final Ordinance. Attachment C is the amendment to the Cal PERS contract provided and required by Cal PERS as Exhibit A to the Ordinance.
The changes to the contract include references to "new local miscellaneous" and "new safety employees" (hired after January 1, 2013). CalPERS also added standard indemnification language on pages 2 and 3 of Exhibit A. The changes do not include any other new enhancements or reductions in benefits.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
There is no fiscal impact on this item. The changes are administrative only to reflect changes made by the implementation of the Public Employees' Pension Reform Act of 2013.
Public Notification:
None.
Attachments:
A. Resolution of Intention
B. Ordinance
Reviewed/Approved By:
Assistant City Manager
2 of 17
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
April 7, 2026, Item #8
RESOLUTION
NO
. 26-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
TO
APPROVE
AN
AMENDMENT
TO
CONTRACT
BETWEEN
THE
BOARD
OF
ADMINISTRATION
CALIFORNIA
PUBLIC
EMPLOYEES'
RETIREMNT
SYSTEM
AND
THE
CITY
OF
POWAY
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;
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
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
include
Public
Employees'
Pension
Reform
Act
Language.
NOW,
THEREFORE,
BE
IT
RESOLVED
that
the
governing
body
of
the
City
of
Poway
does
hereby
give
notice
of
intention
to
approve
an
amendment
to
the
contract
between
the
City
of
Poway
and
the
Board
of
Administration
of
the
Public
Employees'
Retirement
System,
a
copy
of
said
amendment
being
attached
hereto,
as
"Exhibit
A"
and
by
this
reference
made
a part
hereof.
PASSED,
APPROVED
AND
ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
7th
day
of
April,
2026
by
the
following
vote,
to
wit:
AYES
:
NOES: ABSTAINED: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk
3 of
17 ATTACHMENT
A
April 7, 2026, Item #8
4 of
17 EXHIBIT
A
A CalPERS
California
Public
Employees'
Retirement
System
-=-====
♦
--====
Resolution
No.
26-
Page
2 EXHIBIT
AMENDMENT
TO
CONTRACT
Between
the
Board
of
Administration
California
Public
Employees'
Retirement
System
and
the
City
Council
City
of
Poway
_
____,;;;;;;;;:::;;a;;;;;i;;:;a;;;g
•
-=-====
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 February
1,
1981,
and
witnessed
January
28,
1981,
and
as
amended
effective
December
6,
1982,
December
19,
1986,
April
3,
1989,
June
25,
1990,
January
7,
1991,
July
7,
1993,
September
8,
1993,
September
20,
2000,
December
6,
2000,
June
25,
2001,
December
23,
2002,
November
17,
2004,
and
January
9,
2012,
which
provides
for
participation
of
Public
Agency
in
said
System,
Board
and
Public
Agency
hereby
agree
as
follows:
A.
Paragraphs
1 through
17 are
hereby
stricken
from
said
contract
as
executed
effective
January
9,
2012,
and
hereby
replaced
by
the
following
paragraphs
numbered
1 through
19 inclusive:
April 7, 2026, Item #8
5 of17
Resolution No. 26-
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 classic local miscellaneous members entering membership in the miscellaneous classification on or prior to January 9, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after January 9, 2012, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to January 9, 2012, age 55 for classic local safety members entering membership for the first time in the safety classification after January 9, 2012, and age 57 for new local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1981, 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 (CalPERS) and its trustees, agents and employees, the CalPERS 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 attorney 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-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
April 7, 2026, Item #8
6 of
17 Resolution
No.
26-
Page
4 {c)
Public
Agency's
agreement
with
a third
party
other
than
CalPERS
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.
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.
Local
Fire
Fighters
(herein
referred
to
as
local
safety
members);
b.
Employees
other
than
local
safety
members
(herein
referred
to
as
local
miscellaneous
members).
5. 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.
POLICE
OFFICERS.
6. This
contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Poway
Municipal
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
7. This contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Pomerado
County
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
8. The
percentage
of
final
compensation
to
be
provided
for
each year
of
credited
prior
and
current
service
as
a
classic
local
miscellaneous
member
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21354
of
said
Retirement
Law
(2%
at
age
55 Full).
April 7, 2026, Item #8
7 of
17 Resolution
No.
26-
Page
5 9.
The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
current
service
as
a
classic
local
miscellaneous
member
entering
membership
for
the
first
time
in
the
miscellaneous
classification
after
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21353
of
said
Retirement
Law
(2%
at
age
60 Full).
10. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
new
local
miscellaneous
member
shall
be
determined
in
accordance
with
Section
7522.20
of
said
Retirement
Law
(2%
at
age
62 Full).
11. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
classic
local
safety
member
entering
membership
in
the
safety
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21362.2
of
said
Retirement
Law
(3%
at
age
50 Full).
12. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
current
service
as
a
classic
local
safety
member
entering
membership
for
the
first
time
in
the
safety
classification
after
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21363
.1
of
said
Retirement
Law
(3%
at
age
55 Full).
13. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
new
local
safety
member
shall
be
determined
in
accordance
with
Section
7522.25(d)
of
said
Retirement
Law
(2.7%
at
age
57 Full).
14 .
Public
Agency
elected
and
elects
to
be
subject
to
the
following
optional
provisions: a.
Section
20903
(Two
Years
Additional
Service
Credit)
for
local
miscellaneous
members
only
.
b.
Section
20042
(One-Year
Final
Compensation)
for
those
classic
local
miscellaneous
members
entering
membership
on
or
prior
to
January
9,
2012.
c.
Section
21574.5
(Indexed
Level
of
1959
Survivor
Benefits).
d.
Section
21548
(Pre-Retirement
Option
2W
Death
Benefit).
e.
Section
21024
(Military
Service
Credit
as
Public
Service)
.
April 7, 2026, Item #8
8 of
17 Resolution
No.
26-
Page
6 f.
Section
20475
(Different
Level
of
Benefits):
Section
21353
(2%
@
60 Full
formula)
and
Section
20037
(Three-Year
Final
Compensation)
are
applicable
to
classic
local
miscellaneous
members
entering
membership
for
the
first
time
with
this
agency
in
the
miscellaneous
classification
after
January
9,
2012.
Section
21363.1
(3%@
55 Full
formula)
is
applicable
to
classic
local
safety
members
entering
membership
for
the
first
time
with
this
agency
in
the
safety
classification
after
January
9,
2012.
15. Public
Agency,
in
accordance
with
Government
Code
Section
20834,
shall
not
be
considered
an
"employer"
for
purposes
of
the
Public
Employees'
Retirement
Law.
Contributions
of
the
Public
Agency
shall
be
fixed
and
determined
as
provided
in
Government
Code
Section
20834,
and
such
contributions
hereafter
made
shall
be
held
by
the
Board
as
provided
in
Government
Code
Section
20834.
16. 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
and
local
safety
members
of
said
Retirement
System.
17. 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
2157
4.5 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
and
local
safety
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.
April 7, 2026, Item #8
9 of 17
Resolution No. 26-
18. 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.
19. 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 a~--.... ment shall be effective on the day of II~ --------- BOARD OF ADMl~TRATION
PUBLIC EMPLOY°ii~jl.ETIREMENT SYSTEM
cS}~ ~,,
BY ~~
MELODY BENAVIDES, CHIEF~
PENSION CONTRACTS AND PR~NDING
PROGRAMS DIVISION O~
PUBLIC EMPLOYEES' RETIREMENT~.STEM
AMENDMENT CalPERS 10 # 1599501570
PERS-CON-702A
CITY COUNCIL
CITY OF POWAY
BY __ ~-----------
PRESI~ OFFICER
..,~
~(),
0~
O;-
d'~
Witness Date ~ ,,
~ Attest: ~
~>
0. ~>.
Clerk
April 7, 2026, Item #8
ORDINANCE
NO
.
AN
ORDINANCE
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
AUTHORIZING
AN
AMENDMENT
TO
THE
CONTRACT
BETWEEN
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
AND
THE
BOARD
OF
ADMINISTRATION
OF
THE
CALIFORNIA
PUBLIC
EMPLOYEES'
RETIREMENT
SYSTEM
(CALPERS)
WHEREAS,
the
City
Council
of
the
City
of
Poway
does
ordain
as
follows
:
SECTION
1:
That
an
amendment
to
the
contract
between
the
City
Council
of
the
City
of
Poway
and
the
Board
of
Administration,
California
Public
Employees'
Retirement
System
is
hereby
authorized,
a
copy
of
said
amendment
being
attached
hereto
, marked
as
Exhibit
A,
and
by
such
reference
made
a
part
hereof
as
though
herein
set
out
in
full.
SECTION
2:
The
Mayor
of
the
City
Council
of
the
City
of
Poway
is
hereby
authorized,
empowered,
and
directed
to
execute
said
amendment
for
and
on
behalf
of
said
Agency.
EFFECTIVE
DATE
: This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption
.
CERTIFICATION/PUBLICATION
:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it, to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933.
INTRODUCED
AND
FIRST
READ
at
a
Regular
meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
7 th
day
of
April,
2026
, and
thereafter.
PASSED
AND
ADOPTED
at
a
Regular
meeting
of
said
City
Council
held
the
5 th
day
of
May,
2026,
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
10 of
17 ATTACHMENT
B
April 7, 2026, Item #8
Ordinance No.
ATTEST:
Carrie Gallagher, CMC, City Clerk
11 of 17
April 7, 2026, Item #8
12 of
17 EXHIBIT
A
A
Ordinance
No.
CalPER5
EXHIBIT
California
Public
Employees'
Retirement
System
-==;;;a;;;;;;;;;;;
♦
~===
AMENDMENT
TO
CONTRACT
Between
the
Board
of
Administration
California
Public
Employees'
Retirement
System
and
the
City
Council
City
of
Poway
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
February
1,
1981,
and
witnessed
January
28,
1981,
and
as
amended
effective
December
6,
1982,
December
19,
1986,
April
3,
1989,
June
25,
1990,
January
7,
1991,
July
7,
1993,
September
8,
1993,
September
20,
2000,
December
6,
2000,
June
25,
2001,
December
23,
2002,
November
17,
2004,
and
January
9,
2012,
which
provides
for
participation
of
Public
Agency
in
said
System,
Board
and
Public
Agency
hereby
agree
as
follows:
A
Paragraphs
1 through
17 are
hereby
stricken
from
said
contract
as
executed
effective
January
9,
2012,
and
hereby
replaced
by
the
following
paragraphs
numbered
1 through
19 inclusive:
Page
3 April 7, 2026, Item #8
13 of
17 Ordinance
No.
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
classic
local
miscellaneous
members
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
age
60 for
classic
local
miscellaneous
members
entering
membership
for
the
first
time
in
the
miscellaneous
classification
after
January
9,
2012,
age
62 for
new
local
miscellaneous
members,
age
50 for
classic
local
safety
members
entering
membership
in
the
safety
classification
on
or
prior
to
January
9,
2012,
age
55 for
classic
local
safety
members
entering
membership
for
the
first
time
in
the
safety
classification
after
January
9,
2012,
and
age
57 for
new
local
safety
members.
2. Public
Agency
shall
participate
in
the
Public
Employees'
Retirement
System
from
and
after
February
1,
1981,
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
(CalPERS)
and
its trustees,
agents
and
employees,
the
CalPERS
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
attorney
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-CalPERS
retirement
program.
(b)
Any
dispute,
disagreement,
claim,
or
proceeding
(including
without
limitation
arbitration,
administrative
hearing,
or
litigation)
between
Public
Agency
and
its
employees
(or
their
representatives)
which
relates
to
Public
Agency's
election
to
amend
this
Contract
to
provide
retirement
benefits,
provisions
or
formulas
that
are
different
than
such
employees'
existing
retirement
benefits,
provisions
or
formulas.
Page4
April 7, 2026, Item #8
14 of
17 Ordinance
No.
{c)
Public
Agency's
agreement
with
a third
party
other
than
CalPERS
to
provide
retirement
benefits,
provisions,
or
formulas
that
are
different
than
the
retirement
benefits,
provisions
or
formulas
provided
underthis
Contract
and
provided
for
under
the
California
Public
Employees'
Retirement
Law.
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.
Local
Fire
Fighters
(herein
referred
to
as
local
safety
members);
b.
Employees
other
than
local
safety
members
(herein
referred
to
as
local
miscellaneous
members).
5. 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.
POLICE
OFFICERS.
6. This
contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Poway
Municipal
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
7. This contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Pomerado
County
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
8. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
classic
local
miscellaneous
member
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21354
of
said
Retirement
Law
(2%
at
age
55 Full).
Page
5 April 7, 2026, Item #8
15 of 17
Ordinance No.
9. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after January 9, 2012, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to January 9, 2012, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after January 9, 2012, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
14. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only.
b. Section 20042 (One-Year Final Compensation) for those classic local miscellaneous members entering membership on or prior to January 9, 2012.
c. Section 2157 4.5 (Indexed Level of 1959 Survivor Benefits). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit as Public Service).
April 7, 2026, Item #8
16 of 17
Ordinance No.
f. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after January 9, 2012.
Section 21363.1 (3%@ 55 Full formula) is applicable to classic local safety members entering membership for the first time with this agency in the safety classification after January 9, 2012.
15. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834.
16. 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 and local safety members of said Retirement System.
17. 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 21574.5 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 and local safety 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.
April 7, 2026, Item #8
17 of
17 Ordinance
No.
18 .
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.
19. 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
a~--
..... ment
shall
be
effective
on
the
day
of
II~
--
-------
BOARD
OF
ADMl~TRATION
PUBLIC
EMPLOYE~~ETIREMENT
SYSTEM
d}~
'If,,,
BY
~...._
MELODY
BENAVIDES,
CHIEF~
PENSION
CONTRACTS
AND
PR~NDING
PROGRAMS
DIVISION
O~
PUBLIC
EMPLOYEES'
RETIREMENT~.STEM
AMENDMENT
CalPERS
ID#
1599501570
PERS-CON-702A
CITY
COUNCIL
CITY
OF
POWAY
BY PR_E_s....,,,11t@a---O-F-FI_C_E_R
____
_
..,~
~~
"~ ,,.,.
d'~
Witness
Date
'+
,, ~
Attest:
¾
~.,.
Clerk
Q ~A