5433L
ORDINANCE NO,- 5433
AN UNCODIFIED ORDINANCE OF THE CITY
OF ANAHEIM AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF 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 Council of 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. 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 ofthe elimination herefrom of any stich portion as may
be declared invalid.
THE FOREGOING ORDINANCE is approved and adopted by the City Council
of the City of Anaheim this 19 day of July , 1994.
MA OR OF THE CITY O ANAHEIM
A;?
CITY CLERIC OF THIS; CITY OF ANAHEIM
7561.1\EEGAN\June 24, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5433 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th
day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 19th day of July, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5433 on the
20th day of July, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 20th day of July, 1994.
CI CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5433 and was published once in the North Orange County News on the 28th day of July,
1994.
CITY CLERK OF THE tITY OF ANAHEIM
OLEASE DO NOT SIGN "EXHIBIT ONLY"
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ANAHEIM
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and
the governing body of 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 28, 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 and June 1992, which
provides for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 19,
1992, 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 60 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).
PLEASE DO NOT SIGN "EXHIBIT ONLr
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 RECREATIONAL 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 was effective as of January 3, 1978. Public Agency
assumed 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 21251.13 of said Retirement Law (2% at age 60 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
21252.01 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance).
b. Section 21222.1 (Special 5 % Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
C. Section 21222.2 (Special 5 % Increase - 1971). Legislation repealed said Section
effective January 1, 1980.
d. Section 20862.8 (Unused Sick Leave Credit).
"LEASE DO NOT SIGN "EXHIBIT ONLY"
e. Section 20024.2 (One -Year Final Compensation).
f. Section 21389 (Second Opportunity to Elect 1959 Survivor Coverage) for local
miscellaneous members only. Legislation repealed said Section effective
September 27, 1979.
g. Section 20020.9 ("Local Police Officer" shall include city jail, detention or
correctional facility employees as described in Government Code Section
20020.9).
h. Section 20492.1 (To Remove the Exclusion of "Management Intern" Prospectively
from May 24, 1991).
i. Section 21266 (Post -Retirement Survivor Allowance to Continue After
Remarriage).
j. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976.
k. Article 6 (commencing with Section 21380) 1959 Survivor Program with benefits
payable as described in Section 21382.5 (Fourth Level of 1959 Survivor Benefits).
I. Section 21365.6 (Pre -Retirement Optional Settlement 2 Death Benefit) for local
fire members only.
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on May 30, 1975. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20759, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20759.
_. 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. Public Agency shall contribute $8.00 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.5 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.
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.
A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs pf 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 thirty 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
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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BY
CHIEF, CONTRAEWERVICES DIVISION
PUBLIC EMPLO MIREMENT SYSTEM
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�VIA
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
day of '19
CITY COUNCIL
OF THE "0-
CITY OF &MIM
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BY 16 9
Presiding Ofitfr
WitnessDate A.
Attest: Attest:
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Clerk