91-095 RESOLUTION NO. 91R- 95
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF ANAHEIM
WHEREAS, the Public Employee's Retirement Law permits the
participation of public agencies and their employees in the Public
Employee's 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 Section 21266 (Post-Retirement Survivor
Allowance to Continue After Remarriage) for local
miscellaneous members and local fire members only;
Section 20930.3 (Military Service Credit as Public
Service) for local fire members only and Section
20492.1 (To Remove the Exclusion, Prospectively, for
"Management Intern") .
NOW, THEREFORE, BE IT RESOLVED that the city Council of the
city of Anaheim 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.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 2_~n~d~y of April, 199!.
MAYOR OF THE CITY OF ANAHEIM
PRO
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
APPROVED AS TO FORM:
~ITY ATTORNEY OF THE CITY OF ANAHEIM
PERS
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 Resolution No. 91R-95 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 2nd day of
April, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 91R-95 on the 3rd day of April, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of April, 1991.
CITY CLERK OF THE CITY OF ANAHEI~
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-95 , duly passed and
adopted by the City Council of the City of Anaheim on April 2, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF GOVerNING BODY'~ ACTION
I hereby certify that the foregoing is a true and correct copy of a
Resolution adopted by the City Council ,
(Governing Body)
of the City of Anaheim ,
(Name of Public Agency)
on April 2, 1991
(Date)
CITY CLERK or
Secretary of the Board
CSD-CON-12
C0600 (Rev. 11/88)
COPY
,,~t,~' BOARD OF AD~INISTRATION
~-~" OF THE
.4 %~0 PUBLIC EMPLOYEES* RETIREMENT SYST~4
~)(~ '~ CItY COUNCIL
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 l, 1956, September 1, 1956, July 1, 1959, May l, 1962, August 1,
1962, January 22, 19650 April 28, 1967, September 27, 1968, July 2, 1971,
October l, 1973, December 26, 1974, ~ay 30~ 1975~ June 26, 1975~ June 25~ 197~,
~ay 13~ 1977~ January 3~ 1978~ April 28~ 1978~ September 15~ 1978~ February 10~
1984~ November 1~ 1985~ ~ay 9~ 1986, August 19~ 1988 and January 6, ~989~
which provide~ for participation of Public ~gency in said System, Board and
P~blic Agency hereby agree as
Paragraphs 1 through 13 are hereby stricken from said contrac~ a~ execute~
effective January ~ 1989~ and hereby replaced by the following paragraph~
numbered 1 through ~4 inclu~ive~
1. All words and term~ u~ed herein ~hich are defined in the Public
Employees' Re~iremen~ Law ~hall have the meaning a~ defined therein
unles~ otherwise ~pecifically provided. "Normal retirement age"
~hall mean age ~0 for local miscellaneou~ member~, age 50 for local
fire member~ and for tho~e local police member~ entering membership
prior to November 1~ 1985~ and age 55 for tho~e local police member~
entering membership on or after November 1~ 1985.
2. Public Agency ~hall participate in the Public E~ployee~' Retirement
System from and after September 1, ~950 making it~ employee~ as
hereinafter provided, member~ of said Sy~te~ ~ubject to all provi~ion~
of the Public Employee~~ Retirement La~ except such as apply only on
election of a contracting agencF and are no~ provided for herein and
to all amendments to said La~ hereafter enacted excep~ those~ which by
expres~ provisions thereof, apply only on the election of a con,rack-
ing agency.
3. E~ployee~ of Public Agency in the following cla~e~ shall become
members of said Retirement System except such in each such cla~ as
are excluded by la~ or khis agreement:
a. Local Fire Fighters herein referred to a~ local safe~y member~)~
b. Local Police Officers (herein referred to as local ~afety
member ~ ) ~
Employee~ other ~han local safety members (herein referred to
local miscellaneous member~).
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 ~PLOYIU3 TEMPORARILY IN T~ll~
~ PARK AND RECREATIONAL DI~PAR'I'NEN~ HIRED ON OR AI~ER SEPTI~BER 1,
b. ADNINIS~I~A?IVE INTERNS, EXI~4INATION PROCTORS, LIBRARY PAGES,
PERSONS I~4PLOYED ~4PORARIL¥ IN H~ CONVENTION CE~r'z~ AND/OR
STADIUM, PUBLIC WORKS DEPARTNEN~, ~ILITIES DEPARTS, AND
PERSON ENPLOYED TEMPORARILY IN R~LIEF CAPACI~ HIRED ON OR AFTER
APRIL 28, 1967. "T]~PORARY ~PLOYMEN~" FOR PBRPOSES OF T~SE
EXCLUSIONS S]~%LL BE ]9~PLOYNEN~ ON AN HOURLY, PER DI]~, PER GA~E,
OR PER EVENT BASIS;
c. POLICE CADE~$ 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.
*** COPY
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.
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 aetuarial 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:
* ** COPY
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 reaaonable 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 day of
BOARD OF ADMINISTRATION . ~'~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMEN~fSTEM OF THE
,~ CITY OF ANAI{EIM
CHIEF, CONTRAC~RVICES DIVISION Presiding Officer
PUBLIC EMPLOY~ RETIREMENT SYSTEM
~)~'~ Witness Date
Clerk/
PERS-CON-702 (AMENDMENT)
(Rev. 3/90)
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF COMPLIANCE
GOVER[~94EN~ CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary and/or the
increase in retirement benefit(s) have been made public at a public meeting
by the City Council of the City of Anaheim
(governing body) (public agency)
at least two weeks prior to the adoption of the final Ordinance/Resolution.
Date: April 8, 1991 ~
original signature
City Clerk
official title
CSD-CON-12A (Rev. 11/88)
C0601