78-429J RESOLUTION NO. 78R -429
RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF 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 them-
selves 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 legislative body of the public agency of a resolu-
tion 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: _
1. Section 20983.6 (providing that miscellaneous members
attaining age 67 may continue in employment irrespective
of age as members of said System upon certification of the
member's competence by Public Agency) .
NOW,
THEREFORE, BE IT RESOLVED, that the governing body of the above agency
gives, and it does hereby give notice of intention to approve an
amendment to the contract between the said governing body 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 hereof. f__111
ATTEST:
LINDA D. ROBERTS, CITTYY CLERK
BY: _ GL_ C
DEPUTY CITY CLERK
July 11, 1978
Date adopted and approved CON -122
r T.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 78R -429 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of July, 1978, by the following vote of'the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 78R -429 on the filth day of July, 1978.
IN WITNESS WHEREOF, I have hereunto set my affixed the seal of the
City of Anaheim'this 11th day of July, 1978.
LINDA D. ROBERTS, TY CLERK
BY DEPU CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R -429 duly passed and adopted
by the Anaheim City Council on July 11, 1978.
LINDA ROBERTS, C CLERK
— - - -- BY DEPUTY CITY CLE
"EXHIBIT A"
A1 ENT TO CONTRACT BETWEEN TILE
BOARD OF MMINISTRATIO I
PUBLIC 0 RETIRE PEAT SYSTEA
AND THE
CITY COUNCIL
OF THE
CITY OF ANA11EIA
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as "Board ", and the governing body of above public agency,
hereinafter referred to as "Public Agency ", having entered into a contract
under date of July 25, 1950, effective September 1, 1950, and as amended
effective July 1, 1956, September 1, 1956, July 1, 1959, :fay 1, 1962,
August 1, 1962, January 22, 1963, April 28, 1967, September 27, 1965,
July 2, 1971, October 1, 1973, December 26, 1974, :fay 30, 1975, June 26, 1975,
June 25, 1976, May 13, 1977, January 3, 1978, and April 23, 1978, which provides
for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs i through 11 are hereby stricken from said contract as
executed effective April 28, 1973, and hereby replaced by the
following paragraphs nwauer 1 through 11 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. ":formal retirement
age" shall mean age 60 for miscellaneous members and age 50 for
local safety members.
2. Public Agency shall participate in the Public Employees' ietirement
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' aetirement 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 such as
by express provisions thereof apply only on the election of contracting
agencies.
3. Employees of Public Agency in the following classes shall become
members of said aetirement System except sucil in each such class
as are excluded by law or tiais agreement:
a. Local Firemen (ii.,rein referred to as local safety members) ;
b. Local Policemen (merein referred to a:; loco1. :;a Cety members);
C. Pmployees other t;i.an local safety anertber: ( :iera2.in ruterred to as
;ni;cellaneous mergers) .
In addition to the classes of employees excluded from membership by
said :; etirement Law, tike following classes of cmployees si►all not
.)ecome members of said aetirement System:
CON -702 -1
A :1I.tISTRATIVE I:1Ti:R�1S, : :- :X1I.1ATI0N P11OCTORS A111D LIBRARY PAGES,
"HO AIZ. L:EPLOYED ON AP IL 2u, 1967 OR Tib`.RE. WT-l"R.
SCIiWL Ci:OSSI: +G GUARDS A:�D PERSONS E :IPLOYED TE1 II; Tlii:
PARK :LLD 11 CREATION,IL D EPARTI1ENT.
PER SWS L':IPLOYED TEs;a0R1RILY 0:1 APi:IL 2u, 1967, OR TIIEit%AF'TER
IN THE C0i1VE::1TI0 1 Ci:NTLi: VM /OP, STADIU 1, PUBLIC WOPKS DLPART',•;LNT,
UTILITIES Di.PARTi1i:.ITS, :LID PERSONS LiEPLOYL•'D TOAPORARILY IN RELIEF
CAPACITY. "TL`IPORARY %:[PLOY' FOR PURPOSES OF THESE EXCLUSIONS
SHALL BZ E:a'LOY:::]i ;T 0: A:1 110UP.LY, PER DIEA, PEiZ GXAL, OR PER LVL::r"£
ETAS I S .
L'' CLUDE POLICE' CADETS Eill',.i'J ON OR AFTER. JANUARY 1, 1975
4. Public Agency and the San Gabriel Valley Municipal Data System nave
agreed to a merger of tileir contracts, and this contract shall be a
continuation 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, 1075. Public Agency by this
contract assumes the assets and liabilities accumulated under the
foriner contract of Liie San Gabriel. Valley Aunicipal Data System.
j. 'Ziie fraction of final. compensation to i)e provided for each year of
crow' Lted prior and currcIlL Service aS a SlliSCell111e0U;. inember shall.
be deteriiilned In accordance With SCCtioii 21251.13 of said :retirement
L:iw (2„ at agc ul1) .
6. Tile fraction of final. co;lpensation to be provided for each year
of credited prior and current servico as a safety member shall
be deLermiiied in accordance with Section 21252.01 of said
itetirei:lcnt La,i ('?;, at 1ge 50) .
7. Tire following; additional provisions of Lite Public Employees' Retirenent
Law whic,l apply only upon election of a contractini; agency shall apply
to the i'ublic .�p;cncy and its employees:
a. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post - retirement survivor allowance to certain survivors).
b. Sections 2136U- 2138i (providing for allowances for survivors
of members covered under the 1.959 Survivor's Program upon the
member's death before retirement).
c. Section 21222.1 (providing a five - percent increase in allowance
to whie.il Lite annual cost -of- living provisions apply, payable
for time co,isneucin,, on Lite first day of the calendar month
coinciding, witil or next following the effective date of Lite
amendment to acid tiiis section to this contract, to or on account
of members retired or deceased on or prior to December 31, 1970).
L 1. Section 20o62.3 (providing service credit at retirement for
unused sici: leave) .
CO:1 -7U2 -2
e. Section 21222.2 (providing a five- percent increase in allowances
to which the annual cost -of- living provisions apply, payable for
time commencing on the first day of the calendar month coinciding
with or next following the :ffective date of the amendment to
add this section to this contract, to or on account of members
retired or deceased on or after January 1, 1971 but before
July 1, 1971).
f. Section 20024.2 (defining "final compensation" on the basis of
average compensation earnable during the year immediately
preceding retirement or any other one year period elected by
the member).
g. Section 21389 (providing that miscellaneous members not
covered by Federal Social Security who did not elect to be
covered by the 1959 Survivor Benefit when Public Agency added
said benefit to its contract shall be given another opportunity
to elect to be covered under the program).
h. Section 21382.2 (providing an increased level of 1959 Survivor
Benefits for members of Public Agency covered under the 1959
Survivor Program) pursuant to Section 21390.
i. Section 2U983.6 (providing that miscellaneous members attaining
age 67 may continue in employment irrespective of age as members
of said System upon certification of tile member's competence by
Public Agency) .
d. Public Agency, in accordance with Section 20740, Goveriuient Code,
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' '. tetirement Law effective on May 30, 1975.
Accumulated contributions of Public Agency as of the aforementioned
date shall be fixed and determined as provided in Section 20759,
Government Code, and accumulated contributions as of the afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
9. Public Agency shall contribute to said :Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 0.164 percent until June 30, 2000, on account of tile
liability for prior service benefits.
(2) 12.595 percent oil account of tine liability for current
service benefits.
(3) 0.377 percent on account of Lhe liability for the
1959 Survivor Program.
COY -702 -3
b. With respect to local safety members, the agency shall
contribute the following percentages of monthly salaries
earned as local safety members of said Retirement System:
(1) 0.092 percent until June 30, 2U01, on account of the
liability for prior service benefits.
(2) 24.371 percent on account of the liability for current
service benefits.
c. A reasonable amount per annum, as fixed by the Board 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 periodical investigation and valuations
required by law.
d. 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 periodical investigation and valuations
required by law.
10. 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 periodical
investigation and valuation required by said Retirement Law.
11. Contributions required of Public Agency and its employees shall
be paid by Public Agency to tue retirement System within thirty
days after the end of Lhe 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, or adjustwents on account of errors
in contributions required of any employee may be made by
direct cash payments between tiie employee and the Board.
Payments by Public Agency to Board may be made in the form
of warrants, uank checks, hank drafts, certified checks,
money orders, or cash.
B. This amendment shall be attached to said contract and shall be effective on
the day of _ , 19
Witness our hands this
day of
19
BOARD OF ADNINISTRATI0:3
PUBLIC E"IPLOYEES' .iLTIRE1' SYSTHA
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
Legal Office, PERS
CITY COUNCIL
OF THE
CITY OF ANAHEIM
BY
Presiding Officer
Attest:
Clerk
CON -702 -3