1996-32766-Resolution No. 96-118 Recorded 9/5/1996REVIDNED
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ACTING AS THE GOVERNING BODY OF THE C6 rP
DESCHUTES COUNTY EXTENSION AND 4-H COUNTY SERVICE D3:�
4 _
A Resolution Rescinding the District's * _A;
Implementation of Ballot Measure 8 *'
and Setting an Effective Date.
RESOLUTION NO. 96-118
WHEREAS, the Deschutes County Extension and 4-H County Service
District, acting by and through Deschutes County (hereinafter referred
to as District) is a participant in the Public Employees' Retirement
System (PERS) and all qualified District employees, as those terms are
used herein, are members of PERS; and
WHEREAS, prior to December 8, 1994, the District had chosen,
pursuant to former ORS 237.075, to pay on behalf of each qualifying
employee the employee contribution to PERS; and
WHEREAS, pursuant to Ballot Measure 8, approved by the voters on
November 8, 1994, the District suspended that policy and implemented
Ballot Measure 8, requiring those of its 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 District'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, ACTING AS
THE GOVERNING BODY OF THE DESCHUTES COUNTY EXTENSION AND 4-H SERVICE
DISTRICT resolves as follows:
Section 1. Repeal of Provisions of Resolution 94-119. Sections
1 and 3 of Resolution 94-119 are hereby repealed; Section 2 of
Resolution 94-119 is superseded by Section 4 of this Resolution.
Section 2. 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 with the
September pay period paycheck, the County shall, pursuant to ORS
1 - RESOLUTION NO. 96-118 (9-5-96)
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P 0 6 1996
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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 employees shall reflect the
County's reinstitution of the 6% PERS pick-up as of the September
period paycheck.
(3) The District, acting through the County, shall provide PERS
with a copy of this resolution.
Section 3. Effect on Funds Contributed to PERS. Nothing in this
resolution shall have the effect of altering the tax-deferred status
for IRS purposes of funds contributed by qualifying employees to PERS
pursuant to Resolution 94-119.
Section 4. Payments from Special Fund or Account. The County
Treasurer shall pay out of the fund established pursuant to Ordinance
94-060 and Resolution 94-119 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
were qualified and employed by the District 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 5. Definitions. For the purposes of this resolution, the
definitions of "qualifying employee" and "Ballot Measure 8" set forth
in Section 4 of Resolution 94-119 apply.
Section 6. Applicability. This resolution shall automatically
apply to qualifying District employees covered by a collective
bargaining agreements, which by its terms automatically incorporates
changes in state law regarding retirement benefits.
Section 7. Severability. If any provision of this resolution 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.
2 - RESOLUTION NO. 96-118 (9-5-96)
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Section 8. Effective Date. This resolution takes effect on its
passage.
DATED this S day of September, 1996.
ATTEST:
Recording Secretary
RD OF COUNTY COMMISSIONERS
DESCHUTF,,S COUNTY, OREGON
Y(MkJA"'&Ak
NANCY ,PP S H GE , Chair
/AZ
BARRY H. SLAUGHTElt, Commissioner
ROB T L. NIPPER, Co'Minissioner
3 - RESOLUTION NO. 96-118 (9-5-96)