5786ORDINANCE NO. 5786
AN UNCODIFIED EMERGENCY 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 AND
DECLARING THE URGENCY THEREOF
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.
QWr7TnV 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.
SECTION 3. EFFECTIVE DATE
This ordinance shall take effect immediately as an urgency
measure.
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.
SECTION 5. DECLARATION OF URGENCY
The City Council of the City of Anaheim hereby declares that this
ordinance is necessary as an emergency measure for the immediate
preservation of the public peace, health or safety pursuant to section
511 of the City Charter and that the reasons for its urgency are as
follows:
1. The Memorandum of Understanding between the City of Anaheim and
the Anaheim Firefighters Association requires the foregoing
contract amendment to take effect on November 9, 2001. Because
the City Council meeting of September 11, 2001 was postponed as a
result of the national emergency which occurred on that date and
because of requirements imposed by the California Government Code
upon enactment of contract amendments under the Public Employees
Retirement System, the required ordinance cannot be enacted in
sufficient time to be effective by the date required by the
Memorandum of Understanding.
HASTAFFREP1SF2133LN
2. Numbers of firefighters had indicated their plans to retire on the
date that this ordinance should have gone into effect, and the
postponement of such plans will lead to scheduling conflicts and
personnel disruption, which would be deleterious to the public health
and safety.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 16th day
of October 2001.
MAYOR 0 THE 'CItlf OF ANAHE
ATTEST:
ti LAtIz 1! J -C -z
CITY CLE10k OF THE CITY OF ANAHEIM
v
HASTAFFREP1SF2133LN
Ca1PERS
California
Public Employees' Retirement System
UK, 113 111 61,1111,11111 111 il��: Iiiilij lip
Between the
Board of Administration
California Public Employees' Retirement System
and the
City 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, 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:
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, 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.
""IT � .
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).
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.
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.
B. This amendment shall be effective on the 16th day of October 1 2001
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF-4NA EIM
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER Irli
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
JC.t /'4,
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
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. 5786 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 16th day of October, 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
NOES
ABSENT:
(SEAL)
-- .--Tr
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
Feldhaus, Kring, Tait, McCracken, Daly
None
None
I2v�
CITY CLERK OF 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
" 1 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
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
This space is for the County Clerk's Filing Stamp
INQ. ens
cum �
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 Pubfe
Employees' Retirement System is hereby autholt a
copy of said amendment being attachedhereto, 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 EFFECTIVE DATE
This ordinance shall take effect immediately as an urgen-
cy measure.
SECTION 4 SEVERABILITY
That the City Council of the City of Anaheim hereby de-
clares that should any section, paragraph, sentence or
word of this ordinance of the Code, hereby adopted, be de
clared 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.
DECLARATION OF URGENCY
The City Council of the City of Anaheim hereby declares
that this ordinance is necessary as an emergency measure
for the immediate preservation of the public peace, health
or safety pursuant to section 511 of the City Charter and that
the reasons for its urgency are as fc#ows:
1. The Memorandum of Understanding between the City of
Anaheim and the Anaheim Firefighters Association re
quires the foregang contract amendment to take effect
on November 9, 2001. Because the City Council meeting
of September 11, 2001 was postponed as a result of the
national emergency which occurred on that date andbe
cause of requirements imposed by the California Govern
Ment Code upon enactment of contract amendments un
der the Public Employees Ratiremant System, the re
quired ordinance cannot be enacted in sufficient time to
be effective by the date required by the Memorandum of
Understanding.
2. Numbers of firet.Qhters had indicated their plans to retire
on the date that this ordinance should have ggone into of
fact, and the postponement of such=.:3 lead to
scheduling contNdta end personnel ptirm, which
would be deleterloua to the public health and safety,
THE FOREGOING ORDINANCE is approved and adopted
by the City Council of the City of Anaheim We 16th day of
October, 2001
TOM DALY
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
SHERYLL SCHROEDER
CITY CLERK OF THE CITY OF ANAHEIM
APPROVED AS TO FORM:
PROOF OF PUBLICATION I i CITY ATTORNEY OFTHE CITY OFAtWi94M
AYES:kL?lly, 0ouncirMembers: Iseldheua; Kling,
ef,, rat
NOES: None
ASSENT: Np�onSSe
P�Pisfted:,atNmia19ul�n: ._ _ -
October 25,.2001 25-1344 4880623