1996-32765-Ordinance No. 96-063 Recorded 9/5/1996RIE -VIEWED
96-32765
LEGAL CTUM SEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CUUNTY, OREGON
An Ordinance Rescinding the County's E� - P1 : 12
Implementation of Ballot Measure 8
and Declaring an Emergency. * F,
ORDINANCE NO. 96-063
WHEREAS, Deschutes County (County) is a participant in the Public
Employees' Retirement System (PERS) and all qualified County elected
officials and qualified employees, as those terms are used herein, are
members of PERS; and
WHEREAS, since at least 1981 the County has chosen, pursuant to
former ORS 237.075, to pay on behalf of each qualifying elected
official and employee the employee contribution to PERS; and
WHEREAS, pursuant to Ballot Measure 8, approved by the voters on
November 8, 1994, the County suspended that policy and implemented
Ballot Measure 8, requiring those of its elected officials and
employees who were then or who thereafter became members of PERS to
contribute 6 percent of their salary or gross wage to PERS; and
WHEREAS, the Oregon Supreme Court found the 6% pickup provision of
Ballot Measure 8 to be unconstitutional in the case of Oregon State
Police Officer's Assoc. et al. (OSPOAI v. State of Oreaon and the Board
has determined, after conferring with Counsel, that the result in that
case applies to Deschutes County's implementation of Ballot Measure 8;
and
WHEREAS, the Attorney General has determined that the State will
not appeal that determination to the U.S. Supreme Court, and in the
opinion of Legal Counsel, the ruling in the OSPOA case is therefore
certain to become final; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows:
Section 1. Repeal of Provisions of Ordinance 94-060. Sections 2
and 4 of Ordinance 94-060 are hereby repealed; Section 3 of Ordinance
94-060 is superseded by Section 5 herein.
Section 2. Repeal of Provisions of Ordinance 94-061. Sections 1
and 4 of Ordinance 94-061 (as numbered therein) are hereby repealed;
Section 2 of Ordinance 94-061 is superseded by Section 5 herein
Section 3. Reinstitution of PERS Pickup.
(1) Effective as of the beginning of the September pay period
(August 26, 1996 for non -salaried, part time employees and September 1,
1996 for salaried part-time and full time employees and elected
officials) and with the September pay period paycheck, the County
1 - ORDINANCE NO. 96-063 (9-5-96)
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shall, pursuant to ORS 238.205, again assume and pay to PERS on behalf
of each of its current and future qualifying elected officials and
qualifying employees an amount equivalent to 6% of the employee's gross
wages as the employee portion of the PERS contribution, consistent with
the policy and practice observed by the County in its customs,
personnel rules and collective bargaining agreements prior to the
implementation of Ballot Measure 8. Those sums shall come from funds
other than the funds used to pay gross wages to the subject employees.
(2 ) The W-2 forms for qualifying elected officials and qualifying
employees shall reflect the County's reinstitution of the 6% PERS pick-
up as of the September period paycheck.
(3) The County shall provide PERS with a copy of this ordinance.
Section 4. Effect on Funds Contributed to PERS. Nothing in this
ordinance shall have the effect of altering the tax-deferred status for
IRS purposes of funds contributed by qualifying employees or elected
officials to PERS pursuant to Ordinances 94-060 and 94-061.
Section 5. Payments from Special Fund or Account. The County
Treasurer shall pay out of the fund established pursuant to Ordinances
94-060 and 94-061 to each qualifying employee, including those no
longer in the County's employ, an amount representing 6% of the
employee's gross wages over the period January 1, 1995 through the end
of the August 1996 pay period to the extent that such employees or
elected officials were qualified and employed by the County and
received their salary or wage from the County during that time period
plus accrued interest reflecting the rate of interest received by the
County Treasurer in investing said monies. Upon enactment of this
resolution, no further contributions shall be made to the Fund.
Section 6. Definitions. For the purposes of this ordinance, the
definitions of "qualifying employee" and "Ballot Measure 8" set forth
in Section 5 of Ordinance 94-060 apply and the definition of
"qualifying elected official" in Section 5 of Ordinance 94-061 applies.
Section 7. Applicability.
(1) This ordinance shall apply to all qualifying County elected
officials and all qualifying County non -represented employees.
(2) This ordinance shall automatically apply to qualifying
employees covered by collective bargaining agreements in which the
retirement benefits provisions by their terms automatically incorporate
changes in state law regarding retirement benefits.
(3) For those employees subject to collective bargaining
agreements including a reopener clause regarding changes in state
public employee retirement benefit laws, this ordinance shall apply to
qualifying employees covered by such collective bargaining agreements
only upon assent by the bargaining unit or authorized representatives
2 - ORDINANCE NO. 96-063 (9-5-96)
thereof or waiver of the reopener clause. ,. .J-1
Section 8. Severability. If any provision of this ordinance is
held invalid for any reason by a court or administrative body of
competent jurisdiction, the remaining provisions shall remain valid and
in full force and effect.
Section 9. Emergency. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on its
passage.
DATED this 5 day of September, 1996.
BOD OF COUNTY COMMISSIONERS
OF DESCHUT?S�jCOUNgY, OREGON
Y P E' S HLANGEN, ` Ch
o�'� A7W
ATTEST: BARRZ AUGHTER, Commissioner
1
Recording Secretary RO T L. NIPPER, Co sioner
3 - ORDINANCE NO. 96-063 (9-5-96)
