RES-2015-142RESOLUTION NO. 2015- 142
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GIVING NOTICE OF ITS
INTENTION TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRAION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY OF ANAHEIM
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may elect to
subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedure to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice of its intention
to approve an amendment to said contract, which resolution shall contain a summary of the
change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide for the exclusion of Fire Cadet hired on or after the effective
date of this amendment to contract.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that notice be hereby given of intention to approve an amendment to the contract
between said public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by
this reference made a part thereof.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 7th day of April , 2015, by the following role call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN:
None
MAYOR OF THE CITY OF ANAHEIM
1 -1
CLERK OV THE CITY OF ANAHEIM
SF6125 Mid Resolution.doc
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CaIPERS
EXHIBIT
Califomia
Public Employees' Retirement System
AM NT TO CONTRACT
Between the
Board of A.dm3.nistration
California Public Ebnployees" 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 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, 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 age° shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
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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. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CalPERS Board of Administration,
and the California 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 hearing, 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 California Public Employees' Retirement Law,
4. 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).
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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 1,1975;
d. CITY COUNCIL AIDE I, CITY COUNCIL AIDE it 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 the San Gabriel Valley
Municipal Data System, pursuant to Section 20567,6 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).
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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. 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) for local
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
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).
j. Section 21574 (Fourth Level of 1959 Survivor Benefits).
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k. Section 21548 (Pre- Retirement Option 2W Death Benefit),
Section 21623.5 ($5,000 Retired Death Benefit).
M. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21362.2 (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 21362 (2% @
50 Full formula) and Section 20037 (Three -Year Final
Compensation) are applicable to local fire members entering
membership for the first time in the fire classification after
December 19, 2012.
12. 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,
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 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.
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 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 effe; Live on the day of ,
BOARD OF ADMINISTRATION 'w: CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ANAHEIM
BY
RENEE OSTRANDER
ASSISTANT DIVISION CHIEF
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS ID #8207170049
PERS- CDN -702A