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6331ORDINANCE NO. 6331 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 FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS 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, designed at "Exhibit ", 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 an 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. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion declared to be invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 5 th day of May, 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 19 day of May, 2015, by the following roll call vote: AYES: Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait and Mayor Pro Tern Kring ABSTAIN: None CITY CLERK O THE CITY OF ANAHEIM to- THE CITY OF ANAHEIM SF6126 CaIPERS Ordinance.doc %e' CaIPERS California Public Employees' Retirement System 4A Between the Board of Administration California Public Emgloyees' 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, 1850, 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 28, 1967, September 27, 1868, July 2, 1971, October 1, 1973, December 26, 1974, May 30, 1875, June 26, 1975, June 25, 1976, May 13, 1977, January 3, 1978, April 28, 1978, September 15, 1578, February 10, 1984, November 1, 1985, May 9, 1986, August 19, 1988, January 6, 1959, May 24, 1981, June 19, 1992, August 26, 1994, July 7, 2000, July 6, 2001, October 17, 2001, July 18, 2003, October 24, 2003, June 18, 2004, December 2, 2005 and December 19, 2012 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A, Paragraphs 1 through 16 are hereby stricken from said contract as executed effective December 19, 2012, and hereby replaced by the following paragraphs numbered 1 through 16 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 age4 shall mean age 55 for local miscellaneous members and age 50 for local safety members. ~ ISE S; 1 tri � iih 1 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 Io said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the Califomla Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative (rearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the Califomia Public Employees' Retirement Law. a. 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). 5. 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, C. POLICE CADETS HIRED ON OR AFTER JANUARY 1:1976; d. CITY COUNCIL AIDE 1, CITY COUNCIL AIDE II AND SENIOR POLICY AIDE HIRED ON OR AFTER DECEMBER 19, 2012; AND e. FIRE CADETS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT. 6: 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 ft San Gabriel Valley Municipal Data System, pursuant to Section 205£7,6 of the Government Code. Such merger is effective as of March 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, 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2005 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full), 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2005 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). ' 1,rnif ifr# 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member and for those local fire members entering membership in the fire classification on or prior to December 19, 2012 shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full), . 10. The percentage of final compensation to be provided for each year of credited current service as a local fire member entering membership for the first time in the fire classification after December 19, 2012 shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 11. Pubiic 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 - 1870). 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 Side Leave) e. Section 20042 (One -Year Final Compensation) for focal miscellaneous members, local police members and for those local fire members entering membership on or prior to December 19, 2012, 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 Covemment 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). j, Section 21574 (Fourth Level of 1959 Survivor Benefits). k. Section 21548 (Pre -Retirement Caption 21n1 Death Benefit), Section 21623.5 ($5,000 Retired Death Benefit). M. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21352.2 (3% ® 50 Full formula) for focal police members. From and after June 18, 2004 the police employees of Public Agency shall be assessed an additional 2.5% of their compensation for a total contribution rate of 11.5% pursuant to Government Code Section 20516. n, Section 20475 (Different Level of Benefits), Section 21562 (2% @ 50 Full formula) and Section 20€337 (Three -Year Final Compensation) are applicable to local fire members ente'dN membership for the first time in the fire classification after December 19, 2012. 12. Public Agency, in accordance with Govemment Cade 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, 13. 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. 14. 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 rater, 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 Ste 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. 15. 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. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days atter 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 effe�tive on the - day of BOARD OF ADMINISTRATION= CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ANAHEIM BY RENEE OSTRANDER ASSISTANT DIVISION CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AM SNDMENi UPEl3S Z IS207170049 PERS-CDN-702A BY PRESIDING OFFICER Vti Witness Date Attest; Cleric AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident Proof of Publication of • 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 Paste Clipping of clerk of the Anaheim Bulletin, a newspaper that Notice has been adjudged to be a newspaper of general SECURELY In This Space 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 ORDINANCE NO. 6331 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM AU- THORIZING AN AMENDMENT TO THE CONTRACT BETWEEN Anaheim, County of Orange, State of California; THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRA- TION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIRE- that the notice, of which the annexed is a true MENT SYSTEM THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOL- printed copy, has been published in each regular LOWS: SECTION 1. and entire issue of said newspaper and not in any 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,designed at"Exhibit',and by this refer- supplement thereof on the following dates, to ence made a part hereof as though set out in full. wit: SECTION 2. The Mayor of the City of Anaheim is hereby authorized,empowered and directed May 28,2015 to execute said amendment for an on behalf of the City. SECTION 3. n This Ordinance shall take effect thirty(30)daps after its adoption,and shall be "I certify (or declare) under the penalty of available for public inspection in the Anaheim City Clerks Office. SECTION 4. perjury under the laws of the State of California The City Council of the City of Anaheim hereby declares that should any section, paragraph,sentence or word of this Ordinance be declared for any reason to be invalid,it that the foregoing is true and correct": is the intent of the City Council that it would have passed all other portion s of this Ordi- nance independent of the elimination herefrom of any portion declared to be invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 5th day of May,2015,and thereafter passed and Executed at Santa Ana, Orange County, adopted at a regular meeting of said City Council held on the 19th day of May,2015,by the followingroll call vote: California,on AYES: Council Members Murray,Brandman and Vanderbilt NOES: None Date: May 28,2015 ABSENT: Mayor Tait and Mayor Pro Tern Kring ABSTAIN: None /s/Kris Murray MAYOR OF THE CITY OF ANAHEIM 41/4"..."7"->„, ATTEST: Js/Theresa Bass CITY CLERK OF THE CITY OF ANAHEIM Publish:Anaheim Bulletin May 28,201510052237 Signature Anaheim Bulletin 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209