1996-32767-Resolution No. 96-119 Recorded 9/5/1996REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES'COUNTY,, UIMUUJN
ACTING AS THE GOVERNING BODY OF THE 96 SLPP -S t? �.
DESCHUTES COUNTY 911 COUNTY SERVICE DIST]R r'`� lC
A Resolution Rescinding the District's ij
Implementation of Ballot Measure 8
and Setting an Effective Date.
RESOLUTION NO. 96-119
WHEREAS, the Deschutes County 911 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
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 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. (OSPOA) 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 911 COUNTY SERVICE DISTRICT
resolves as follows:
Section 1. Repeal of Provisions of Resolution 94-117. Sections
1 and 3 of Resolution 94-117 are hereby repealed; Section 2 of
Resolution 94-117 is superseded by Section 4 herein.
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 District shall, pursuant to OARS
1 - RESOLUTION NO. 96-119 (9-5-96)
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(100 --i 03
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 District in conjunction with 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
District'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 94-117.
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 94-117 to each qualifying employee, including
those no longer in the District'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 94-117 apply.
Section 6. Applicability.
(1) This resolution shall apply to all qualifying District non -
represented employees.
(2) This resolution shall automatically apply to qualifying
District employees covered by a collective bargaining agreement 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.
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64
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Section 8. Effective Date. This resolution takes effect on its
passage.
DATED this _6- day of September, 1996.
BO D OF COUNTY CO ISSIONERS
OF ESCHUT S COUNTY, OREGON
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ATTEST:
Recording Secretary
NANCY PQ(PA SCjfWGEN, Chair '
BARRYT�;
AUGHTER, C issioner
A�
ROBUT L. NIPPER, Cdfifiissioner
3 - RESOLUTION NO. 96-119 (9-5-96)