5215FOLLOWS:
Y
ORDINANCE NO. 5215
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 DOES ORDAIN AS
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 on file in the office of the
City Clerk, marked "Exhibit All, and by such reference made a part
hereof as though herein 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 said Agency.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 23rd day of April,
1991.
MlgOR OF THE C OF AN EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
AGS:dw
ORDRES/035PERS.153
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. 5215 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 16th day of April, 1991, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 23rd day of April, 1991, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5215 on the 24th day of April, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 24th day of April, 1991.
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. 5215 and was published once in
the Anaheim Bulletin on the 3rd day of May, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
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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 and January 6, 1989,
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 January 6, 1989, and hereby replaced by the following paragraphs
numbered 1 through 14 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, age 50 for local
fire members and for those local police members entering membership
prior to November 1, 1985, and age 55 for those local police members
entering membership on or after November 1, 1985.
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 contract-
ing 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.
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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;
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 for local fire members and for
those local police members entering membership prior to November 1,
1985 shall be determined in accordance with Section 21252.01 of said
Retirement Law (2% at age 50 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local police members entering
membership on or after November 1, 1985 shall be determined in
accordance with Section 21252.6 of said Retirement Law (2% at age 55
Full).
9. 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) for local miscellaneous members, local fire members,
and for those local police members entering membership prior to
November 1, 1985.
GI
tX„
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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) for local miscellaneous
members, local fire members, and for those local police members
entering membership prior to November 1, 1985.
f. Section 20024.2 (One -Year Final Compensation) for local miscel-
laneous members, local fire members, and for those local police
members entering membership prior to November 1, 1985.
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 20461.6 (Different Level of Benefits), applicable
to Sections 21252.01, 20024.2, 21263, 21263.1, 21263.3 and
20862.8 for local police members entering membership on or after
November 1, 1985.
i. Section 20020.9 ("Local Police Officer" shall include city jail,
detention or correctional facility employees as described in
Government Code Section 20020.9).
j. Section 20492.1 (To Remove the Exclusion of Management Intern
Prospectively from effective date of this amendment to contract).
k. Section 21266 (Post -Retirement Survivor Allowance to Continue
After Remarriage).
1. Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1976.
10. 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.
11. 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.
12. Public Agency shall also contribute to said Retirement System as
follows:
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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 in-
stallment 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 in-
stallment 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.
13. 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.
14. 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
19
BOARD OF ADMINISTRATION`,
Ar
PUBLIC EMPLOYEES' RETIREMENT SYSTrEpV
BY
CHIEF, CONTRACT
PUBLIC EMPLOYEE
PERS-CON-702 (AMENDMENT)
(Rev. 3/90)
RES DIVISION
IREMENT SYSTEM
day of
CITY COUNCIL
OF THE
CITY OF ANAHEIM
,O
BY
Presiding Officer
r�
Witness Date
Attest:
Clerk
n�7'