4652FOLLOWS:
ORDINANCE NO. 4652
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF A14AHEIM 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
SECTION l:
That an amendment to the Contract between the City
Council of the City of Anaheim 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 of Anaheim is hereby authorized,
empowered, and directed to execute said amendment for and on
behalf of the City of Anaheim.
SECTION 3.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and Thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of October, 1985.
MAYOR OF THE CITY OV ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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PUBLIC
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, herein-
after 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 and February 10,
1984, 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 February 10, 1984, 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 hired prior to February 10, 1984 and those local police
members hired prior to the effective date of this amendment to
contract, and age 55 for local fire members hired on or after
February 10, 1984 and those local police members hired on or after
the effective date of this amendment to contract.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after September 1, 1950 making its employees as here-
inafter 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.
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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, AND LIBRARY PAGES
HIRED ON OR AFTER APRIL 28, 1967;
C. 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
d. POLICE CADETS 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.
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 as a local fire member hired prior
to February 10, 1984 and those local police members hired prior to the
effective date of this amendment to contract shall be determined in
accordance with Section 21252.01 of said Retirement Law (2p at age 50
Full).
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8. The fraction of final compensation to be provided for each year of
credited prior and current service as a local fire member hired on and
after February 10, 1984 and those local police members hired on and
after the date of this amendment to contract 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' Retire-
ment 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 Program) including Section
21382.2 (Increased 1959 Survivor Benefits).
b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor
Allowance) for local miscellaneous members, local fire members
hired prior to February 10, 1984 and those local police members
hired prior to the effective date of this amendment to contract.
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, 1979.
e. Section 20862.8 (Unused Sick Leave Credit) for local miscel-
laneous members, local fire members hired prior to February 10,
1984 and those local police members'hired prior to the effective
date of this amendment to contract.
f. Section 20024.2 (One -Year Final Compensation) for local miscel-
laneous members, local fire members hired prior to February 10,
1984 and those local police members hired prior to the effective
date of this amendment to contract.
g. Section 21389 (Second Opportunity to Elect 1959 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, 21363.1, 21263.3 and 20862.8 for local
fire members hired on and after February 10, 1984 and for those
local police members hired on and after the effective date of
this amendment to contract.
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10. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 of the Public
Employees' Retirement Law effective on May 30, 1975. Accumulated
contributions of Public Agency as of the aforementioned date shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions as of the aforementioned date and contribu—
tions thereafter made 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 monthly salaries earned
as local miscellaneous members of said Retirement System:
(1) 0.139 percent until June 30, 2000 on account of the lia—
bility for prior service benefits. (Subject to annual
change.)
(2) 12.346 percent until June 30, 2011 on account of the lia—
bility for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of monthl;, salaries earned as local
safety members of said Retirement System:
(1) 0.079 percent until June 30, 2001 on account of the lia—
bility for prior service benefits. (Subject to annual
change.)
(2) 23.369 percent until June 30, 2011 on account of the lia—
bility for current service benefits. (Subject to annual
change.)
C. 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.
d. 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 cor—
rect 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 •
Witness our hands the A_ day of _
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIRT SYSTEM
o�
BY All
SIDNEY C. 4L4AUSLAND9
EXECUTIV FICER
. Q
Approv_!ilt'as to form:
Legal Office, Date
, 19
CITY COUNCIL
OF THE
CITY OF ANAHEIM
off.
BY
Presiding Offic�t'�
Attest:
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C1
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PERS CON -702
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. 4652 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 24th day of September, 1985,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 1st day of October, 1985, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4652 on the 1st day of October, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 1st day of October, 1985.
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 Ordinance No. 4652 and was published once in the
Anaheim Bulletin on the 11th day of October, 1985.
CITY CLERK