WHEREAS, the San Benito County Water District (District) has the authority to implement Government Code § 20691; which section authorizes the District to pay all or a portion of employees normal contribution to PERS; and

WHEREAS, the District has a written labor policy which specifically provides that the District pay three percent (3%) of each employee’s annual salary as employer-paid contributions; and

WHEREAS, one of the steps in the procedures to implement this section is the adoption by the governing body of the District of a resolution giving notice of its intention to commence paying the full portion of the employees PERS contribution for the San Benito County Water District Management/Confidential employee; and

WHEREAS, the following is a statement of the proposed change in reporting compensation to PERS:

The San Benito County Water elects to pay seven percent (7%) of each employee’s annual salary as employer-paid member contributions effective January 1, 1999.

The effective date of this resolution shall be January 1, 1999.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the District shall implement Government Code § 20691 by paying normal member contributions for all employees of the District as indicated above.

BE IT FURTHER RESOLVED that should any section or provision of this resolution be held by a court of competent jurisdiction to be invalid, such judgement or order shall not affect the remaining provision of this resolution which shall continue in full force and effect.

THE FOREGOING RESOLUTION was adopted at a regular meeting of the Board of Directors of the San Benito County Water District held on December 29, 1998, by the following vote:

AYES: DIRECTORS: Swanson, Perry, Gonzales, Rupert, Tobias

NOES: DIRECTORS: None

ABSENT: DIRECTORS: None

____________________________________

Robert M. Swanson, President

ATTEST: ________________________________

Janet L. Torres

Administrative Services Officer