88-389 RESOLUTION N0. 88R - 389
�� A 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 a�encies 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 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 2% at 50 full formula (from 2q @ 55 full formula);
Section 20024.2 (One year final compensation); Sections 21263,
21263.1 and 21263.3 (Post-Retirement Survivor Allowance); and
Section 20862.8 (Credit for Unused Sick Leave) for. locaY fire
members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Gi.ty of
Anaheim does hereby give notice of intention to approve an amenc�ment 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 Exhibit "A" and by this reference made a part hereof.
THE FOREGOIPI�'-_'- RESOLUTION is approved and adopted by the City Council
of the City of Anat.eim t�hi5 25th day of October , 1988.
�r �a""_\
MAYOR OF THE CITY OF AN IM
ATTEST:
�-
CITY CLER.K_ UF' T�; CI OF ANAHEIM
APPROVED AS 'l'0 FORM:
,.. L ��?.� � f .. 1
,.�;� C TY ATTORNEY OF THE CITY OF ANAHEIM
2021F
.....
.�
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
.�W.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-389 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of October, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-389 on the 27th day of October, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 27th day of October, 1988.
.c:._�s� C
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 Resolution No. 88R-339 �u:Ly pacsed and
adopted by the Anaheim City Council on October 25, 1988.
a.--- �
CITY CLERK QI' T�;E CITY OI' ANAHEIM
�,.
�_
ATTACHMErdT "A"
* * * C O P Y * * *
AMENDMENT TO CONTRACT
� ` ����1gt� ��`'� BETWEEN THE
r�,.�� BOARD OF ADMINISTRATION
, � �T - `,e.�i
� -� . _� • ' 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 l,
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 fo= local miscellaneous memhers, 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.
* * * C O P Y * * � ATTACHMENT "A"
`�t[�!; i� �Ci �'�:�. �tr.l�+s "�XHlB �Nlr +
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
STADILTM, 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 SASIS;
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
(28 at age 50 Full). ,
ATTACHMENT "A"
* * * C O P Y * * *
"' � ,��� �� i� 1 T �;�N "EX�-I1B1t ONE.Y"
� 8. The fraction of final compensation to be provided fo= each year of
credited prior and current se=vice for local police members hired on
or after November 1, 1985 shall be determined in accordance with
Section 21252.6 of said Retirement Law (28 at age 55 Full).
9. The following additional p=ovisions 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 1459 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 p=ior 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 58 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).
ATTACHMENT "A"
* * * 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 pe=centages 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
C"� change . )
�'
t c. 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
miscelianeous 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
r � 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.
ATTACHMENT "A"
* * * C O P Y * * *
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 day of
, 19
BOARD OF ADMINISTRATION �,� CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMEI�T �STEM OF THE
� CITY OF ANAHEIM
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BY �� BY 'S �---
ASSISTANT �fiC�7TIVE OFFICER Presiding Officer `���
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Clerk��,
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PERS-CON-702 (AMENDMENT)
(Rev. 6/88)