5299L
ORDINANCE NO. 5299
AN 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 of the
California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked "Exhibit," and
by this reference made a part hereof as though set forth in full
herein.
SECTION 2.
The Mayor is hereby authorized and directed to execute said
amendment for and on behalf of the City of Anaheim, and the City
Clerk is hereby authorized and directed to attest thereto.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 28th day of April
OR OF THE OF AWQ1f
ATTEST: c
U
CITY CLERK OF THE CITY OF ANAHEIM
I:\DOCS\ORDRES\035PERS.14
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. 5299
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21 st day of April, 1992,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of
April, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickier, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5299 on the 29th day
of April, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th
day of April, 1992.
CITY 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. 5299 and was published once in the Anaheim Bulletin on the 8th day of Mav, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
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 and May 24, 1991 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 May 24, 1991,
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 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);
Employees other than local safety members (herein referred to as local miscellaneous
members).
L
POSE 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 PERSON 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.
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 to be subject to the following optional provisions:
a. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (Increased
1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits).
b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance).
C. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
d. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said Section
effective January 1, 1980.
e. Section 20862.8 (Unused Sick Leave Credit).
SSE DQ Not SIGN r1
tXHIBIt 4NLV,
f. Section 20024.2 (One -Year Final Compensation).
g. Section 21389 (Second Opportunity to Elect 1959 Survivor Coverage) for local
miscellaneous members only. Legislation repealed said Section effective September 27,
1979.
h. Section 20020.9 ("Local Police Officer" shall include city jail, detention or correctional
facility employees as described in Government Code Section 20020.9).
Section 20492.1 (To Remove the Exclusion of "Management Intern" Prospectively from
May 24, 1991).
j. Section 21266 (Post -Retirement Survivor Allowance to Continue After Remarriage).
k. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976.
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 $2.50 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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 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 day of
19
BOARD OF ADMINISTRATION O CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMF` SYSTEM OF THE
1 CITY OF ANAHEIM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
1
BY Q
Presiding Off
.aC'?
Witness Dpi
Atte
Clerk
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
t
BY
CHIEF, CO 4TRACITERVICES
DIVISION
PUBLIC EMPL
ES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
1
BY Q
Presiding Off
.aC'?
Witness Dpi
Atte
Clerk
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY