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5783ORDINANCE NO. 5783 AN UNCODIFIED ORDINANACE 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. CT.07TnV 0 The Mayor of the City of Anaheim is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City. C T+'rT T nl,.T I 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 That 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 ad Council of the City of Anaheim thisl6th day of cto MAYOR OF THE C ATTEST: CITY CLERE'OF THE CITY OF ANAHEIM 4 APPP�O r�D S `O FO C- O HE CITY OF AlrEIM �r HASTAFFREP\SF2133LN ted by the City 2001. .Y OF AAHEIM Ca1PERS California Public Employees' Retirement System EXHIBIT A Between the Board of Administration California Public Employees' Retirement System and the City Council City ©f 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, July 7, 2000 and July 6, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective July 6, 2001, and hereby replaced by the following paragraphs numbered 1 through 13 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. PLEASE DO NOT SIGN "EXHIBIT ONLY" 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, PER 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. T, PLEASE DO NOT SIGN "EXHIBIT ON LY" 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 safety 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. 8. 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. j. Section 21574 (Fourth Level of 1959 Survivor Benefits). PLEASE DO NOT SIGN "EXHIBIT ONLY $ k. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit) for local fire members and local miscellaneous members only. I. Section 21623.5 ($5,000 Retired Death Benefit) for local miscellaneous members only. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. -� -S, B. This amendment shall bective on the day of ZZ Q BOARD OF ADMINISTRAT 0 CITY COUNCIL PUBLIC EMPLOYEES' REMENT SYSTEM CITY OF ANAHEIM BYBY ------------------------ KENNETH W. MARZIQ CHIEF PRESIDING OFFICE ACTUARIAL & EMP I ER SERVICES DIVISION PUBLIC EMPLOYE'RETIREMENT SYSTEM ,�� �'�' J Q Witness Date G�Attest - Q Clerk AMENDMENT PERS-CON-702A (Rev. 8196) 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. 5783 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of September, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of October, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: (SEAL) Feldhaus, Kring, Tait, McCracken, Daly None None ITY CLERIeOF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 25, 2001 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct"- Executed at Santa Ana, Orange County, California, on Date October 25. 2001 ( '' C:) 1 .. � ^ nSign*_i�t ir3 `` > Anahef:m �_ etin 62946. Gr" Ave. SantacAna, CA -92701 L! (714) %6-7000 Wit. 3002 E� 0 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp 4/ �3 OfimINAfNOE MIX 5763 r THE CITY COUNCIL OF THE CITY OF ANAHEIM - HEREBY ORDAINS AS FOLLOWS: SFr7TION 1. That an amendment to the contract between the City of Anaheim and the Board of Administration, California Public Emp%yees' Retirement stem is hereb 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. 4FCTION 4 SEVERABILITY That the City Council of the City of Anaheim hereby de- clares that should any section, parasentenceh, sentence or word of this ordinance of the Code, hereby adopted, be de- clared for any reason to be invatld, it is the intent of the Council that It would have passed al 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 adopt- ed by the City Council of the City of Anaheim this 16th day of October. 2001 TOM DALY MAYOR OF THE CITY OF ANAHEIM ATTEST: SHERYLL SC H140EDER CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: - CITY ATTORNEY OF THE CITY OF ANAHEIM AYES: Mayor Daly, Council Members: Feldhaus, Kring, McCracken, Tait NOES: None ABSENT: None _ Publill-A lattaMotlraleha Y October 25 2001 25-1345 4880661_.