6148ORDINANCE NO. 6148
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN 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 certain amendment to the contract between the City of Anaheim and the
Board of Administration of the California Public Employees Retirement System, a copy of which is
attached hereto and designated as Exhibit "A", and by this reference made a part hereof as though set out
in full, is hereby authorized and adopted.
SECTION 2. The Mayor of the City of Anaheim is hereby authorized, empowered and directed
to execute said Amendment on behalf of the City..
SECTION 3. This Ordinance shall take effect thirty (30) days following its publication.
SECTION 4. The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this Ordinance be declared for any reason to be invalid, it is the intent of
the City Council that it would have passed all other portions of this Ordinance independent of the
elimination herefrom of any portion declared to be invalid.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 23rd:day of June , 2009 , and thereafter
passed and adopted at a regular meeting of said City Council held on the 21 st day of July
, 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway
NOES: NONE
ABSENT: Council Member Kring
ABSTAIN: NONE
CITY OA HEIM
By
MAYOR OF THE CI O AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
73088.1/smann
Ca1PERS
California
Public Employees' Retirement System
EXH I B ITW
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' 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 and December 2, 2005 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 December 2, 2005, and hereby replaced by the following paragraphs
numbered 1 through 15 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.
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 CaIPERS 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) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
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.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CalPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
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).
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; AND
C. POLICE CADETS HIRED ON OR AFTER JANUARY 1, 1975.
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 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.
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).
9. 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 21362.2 of said Retirement Law
(3% at age 50 Full).
10. 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).
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),
Section 21574 (Fourth Level of 1959 Survivor Benefits),
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).
From and after June 18, 2004 and until July 10, 2009 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 effective on the day of ,
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY AHEIM
BY BY
LORI MCGARTLAND, CHIEF PRE (DING OFFI
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 0303
PERS-CON-702A (Rev. 10\05)
t
AFFIDAVIT OF PUBLICATIOIN (714) 796-7000 ext. 3002
STATE OF CALIFORNIA, ) PROOF OF PUBLICATION
ss.
County of Orange ) oR01MANCi No. 6;148
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ANAHEIM AND THE
-
I am a citizen of the United States and a resident »' IBI ARD O SYSTEM ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RE-
of the County aforesaid; I am over the age of THE CITY'COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1. That certain amendment to the contract between the City of Anaheim and
eighteen years, and not a party to or interested in the Board of Administration of the California Public Employees Retirement System, a copy
of which is attached hereto and designated as Exhibit AA@ and by this reference made a
the above entitled matter. I am the principal clerk
part hereof as though set out in full, is hereby authorized and adopted.
SECTION 2: The Mayor of the City of Anaheim is hereby authorized, empowered and
of The Orange County Register, a newspaper directed to execute said Amendment on behalf of the City.
SECTION 3. This Ordinance shall take effect thirty (30) days following its publication.
of general circulation, published in the city of SECTION 4. The City Council of the City of Anaheim hereby declares that should any
section, paragraph, sentence or word of this Ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have passed all other portions of this
Santa Ana, County of Orange, and which news- Ordinance independent of the elimination herefrom of any portion declared to be invalid.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of
paper has been adjudged to be a newspaper of the City of Anaheim held on the 23rd day of June, 2009, and thereafter passed and adopt-
ed at a rel
meeting of said City Council held on the 21st day of July, 21)09, by the fol-
general circulation by the Superior Court of the lowing roil call vote:
AYES: Mayor Pringle, Council Members, Hernandez, Sidhu, Galloway
County of Orange, State of California, under the NOES: NONE
date of November 19, 1905, Case No. A-21046, ABSENT: Council Member Kring
ABSTAIN: NONE
that the notice, of which the annexed is a true CITY OF ANAHEIM
By !s/Curt Pringle
ATTEST.
printed copy, has been published in each regular MAYOR OF INE CITY OF ANAHEIM
and entire issue of said newspaper and not in any /a/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
supplement thereof on the following dates, to A copy of Exhibit "A" is available for public Inspection at the City Clerk's Office in City Hall
East, 200 S. Anaheim Boulevard, 2nd Floor, Anaheim, California during City Hell office
wit: hours.
Orange County Register October 2, 2009 9154138
October 2, 2009
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 2, 2009
r
i at
T range County Regis
625 N. Grand Ave.
Santa Ana, CA 92701