5757ORDINANCE NO. 5757
AN UNCODIFIED ORDINANCE OF THE CITY
OF ANAHEIM AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY OF
ANAHEIM AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That an amendment to the contract between the City of
Anaheim and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said
amendment being attached hereto, designated "Exhibit A," and by
this reference made a part hereof as though set out in full.
SECTION 2.
The Mayor of the City of Anaheim is hereby authorized,
empowered and directed to execute said amendment for and on
behalf of the City.
SECTION 3.
This ordinance shall take effect thirty (30) days after
its adoption, and shall be available for public inspection in the
Anaheim City Clerk's Office.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of March
2001.
MAYOR OF THE CITY 0 0
ANAHEIM
ATTEST:
01
CI Y CLER OF THE CITY OF ANAHEIM
39102.1
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5757 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 6th day of March, 2001, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 27th day of March, 2001, by the following vote
of the members thereof:
AYES
NOES
ABSENT
(SEAL)
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CITY CLE§K OF THE CITY OF ANAHEIM
Afk%",
Ca1PERS
EXHIBIT A
California
Public Employees' Retirement System
411611110 -
Between the
Board of Administration
California Public Employees' Retirement System
andthe
Catty Council
City of Anaheim
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
September 1, 1950, and witnessed July 25, 1950, and as amended effective July 1,
1956, September 1, 1956, July 1, 1959, May 1, 1962, August 1, 1962, January 22,
1965, April 23, 1967, September 27, 1968, July 2, 1971, October 1, 1973, December
26, 1974, May 30, 1975, June 26, 1975, June 25, 1976, May 13, 1977, January 3, 1978,
April 28, 1978, September 15, 1978, February 10, 1984, November 1, 1985, May 9,
1986, August 19, 1988, January 6, 1989, May 24, 1991, June 19, 1992, August 26,
1994 and July 7, 2000, which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 1'3 are hereby stricken from said contract as executed
effective July 7, 2000, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
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 local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after September 1, 1950 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. 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. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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. SCHOOL CROSSING GUARDS AND PERSONS EMPLOYED
TEMPORARILY IN THE PARK AND RECREATION
DEPARTMENT HIRED ON OR AFTER SEPTEMBER 1, 1956;
b. ADMINISTRATIVE INTERNS, EXAMINATION PROCTORS,
LIBRARY PAGES, PERSONS EMPLOYED TEMPORARILY IN
THE CONVENTION CENTER AND/OR STADIUM, PUBLIC
WORKS DEPARTMENT, UTILITIES DEPARTMENTS, AND
PERSONS EMPLOYED TEMPORARILY IN RELIEF CAPACITY
HIRED ON OR AFTER APRIL 28, 1967. "TEMPORARY
EMPLOYMENT" FOR PURPOSES OF THESE EXCLUSIONS
SHALL BE EMPLOYMENT ON AN HOURLY, PER DIEM, PRE
GAME, OR PER EVENT BASIS; AND
C. POLICE CADETS HIRED ON OR AFTER JANUARY 1, 1975.
5. Public Agency and the San Gabriel Valley Municipal Data System have
agreed to a merger of their contracts, and this contract shall be a
continuation of the benefits of the contract of the San Gabriel Valley
Municipal Data System, pursuant to Section 20567.6 of the Government
Code. Such merger is effective as of January 3, 1978. Public Agency, by
this contract, assumes the assets and liabilities accumulated under the
former contract of the San Gabriel Valley Municipal Data System.
Legislation repealed said Section effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full). The required member contribution rate is 9% of
reportable compensation.
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624, 21626 and 21628 (Post -Retirement Survivor
Allowance).
b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
C. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
d. Section 20965 (Credit for Unused Sick Leave).
e. Section 20042 (One -Year Final Compensation).
f. Section 21389 (Second Opportunity to Elect 1959 Survivor
Benefits) for local miscellaneous members only. Legislation
repealed said Section effective September 27, 1979.
g. Section 20431 ("Local Police Officer" shall include city jail,
detention or correctional facility employees as described in
Government Code Section 20431).
h. Section 20503 (To Remove the Exclusion of "Management Intern",
Prospectively from May 24, 1991).
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
Section 21574 (Fourth Level of 1959 Survivor Benefits).
k. Section 21548 (Pre -Retirement Optional Settlement 2 Death
Benefit) for local fire members and local miscellaneous members
only.
Section 21623.5 ($5,000 Retired Death Benefit) for local
miscellaneous members only.
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
May 30, 1975. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. 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.
12. 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 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.
13. 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.
14. 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 amendment shall be..effective on the day of
BOARD OF ADMINISTRATtQN CITY COUNCIL
PUBLIC EMPLOYEES' R4EREMENT SYSTEM CITY OF ANAHEIM
BY BY'T
KENNETH W. MARZIJON, CHIEF PRESIDING OFFI R
ACTUARIAL & EMPL, ER SERVICES DIVISION
PUBLIC EMPLOYE' RETIREMENT SYSTEM
ads
Witness Dates-"
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8196)
T
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
City Council
(governing body)
City of Anaheim
(public agency)
on March 6, 2001
(date)
Cle&Jsecretgry
Title
PERS-CON-12 (rev. 1/96)
City Clerk
of the
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code
the future annual costs as determined by the System Actuary and/or the increase
in retirement benefit(s) have been made public at a public meeting of the
City Clerk of the
(governing body)
City of Anaheim
(public agency)
on March 6, 2001
(date)
Resolution / Ordinance.
Date March 7, 2001
PERS-CON-12A (rev. 1/96)
which is at least two weeks prior to the adoption of the
Title
City Clerk
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF MEMBER CONTRIBUTION RATE
I hereby certify that the City of Anaheim and its police employees understand and agree
that the required member contribution rate for members subject to Section
21362.2 (3% @ 50 Full formula) is 9% of reportable compensation.
Signature of Governing Body Presiding Officer
Title
Witness
Date
3%@50/ 3%@55
Full/Supplemental formula