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4974ORDINANCE NO. 4974 AN ORDINANCE OF THE CITY COUNCIL 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 follows: SECTION 1. That an amendment to the contract between the City Council and the Board of Administration, California Public Employees Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council of the City of Anaheim is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of is days from the passage thereof shall be published at least once in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim and thenceforth tb.:' sallip shall be in full force and effect. Adopted and approved this29thday of November, 1988. MAYOR OF T I Y OF HEIM ATTEST: CITY CLERK OF TI!E CITY OF ANAHEIM CJF:dg 2610L CLERK 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. 4974 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of November, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of November, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 4974 on the 30th day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of November, 1988. CITY CLERK OF THE CITY OF ANAHEIM k (S E!L) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4974 and was published once in the Anaheim Bulletin on the 9th day of December, 1988. CITY CLERK OF THE CITY OF ANAHEIM OWT PUBLIC C O P Y AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE 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 and August 19, 1988, 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 August 19, 1988, and hereby replaced by the following paragraphs numbered 1 through 13 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 hired prior to November 1, 1985,and age 55 for those local police members hired 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. A JIA4 C i � ` � G% ' °''rxHIBIT 4NLYri �r t .<„ .�z .. v 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. 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; AND d. MANAGEMENT INTERNS HIRED ON OR AFTER MAY 9, 1986. 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. 6. The fraction 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 fraction 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 hired prior to November 1, 1985 shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). "XHIBIT MY' 8. The fraction of final compensation to be provided for each year of credited prior and current service for local police members hired 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. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: 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 hired prior to November 1, 1985. 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 hired prior to November 1, 1985. f. Section 20024.2 (One -Year Final Compensation) for local miscellaneous members, local fire members, and for those local police members hired 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 (Reduction of Benefits), applied to Sections 21252.01, 20024.2, 21263, 21263.1, 21263.3 and 20862.8 for local police members hired 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). * * * C O P Y 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 as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.041 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 6.747 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.093 percent until June 30, 2001 on account of the liability for prior service benefits. (Subject to annual change.) (2) 15.289 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) Public Agency shall contribute $3.00 per employee on account of the liability for the 1959 Survivor Program 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 beneficiaries of all local miscellaneous members and local safety members. d. 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. e. 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. 12. 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. 13. 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 s PUBLIC EMPLOYEES' RETIREMEI STEM BY °�wa ASSISTANT E'ECeTIVE OFFICER 5a PERS-CON-702 (AMENDMENT) (Rev. 6/88) day of CITY COUNCIL OF THE CITY OF ANAHEIM BY Q Presiding Officer Witness Date Attest: Clerk,