3844ORDINANCE NO. 3844
AN ORDINANCE OF THE CITY COUNCIL of the
(Name of Governing Body)
CITY OF ANAHEIM authorizing an
(Name of Public Agency)
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ANAHEIM
Governing Body
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of Anaheim
Name of Governing Body Name of Public Agency)
does ordain as follows:
SECTION 1. That an amendment to the Contract between the City Council
Cit Name of
City of Anaheim
of the and the Board of
Governing Body) (Name of Public Agency)
Administration, California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked "Exhibit A", and by such refer-
ence made a part hereof as though herein set out In full.
SECTION 2. The Mayor of the
Cit Council (Title of Presiding Officer)
Is hereby authorized, empowered, and directed to
Name of Governing Body)
execute said amendment for and on behalf of said Agency.
SECTIO_. This Ordinance shall take effect _3n_ days after the date of Its
adoption, and prior to the expiration of 15 days from the�asRag� V regf shall be
published at least once 1n the Ana elm a in
Name of Newspaper
a newspaper of general circulation, published and circulated in the City of
Anaheim (Name of
and thenceforth and thereafter the same
Public Agency
shall be in full force and effect.
Adopted and approved this .7,g day of _ March i 78 ,
(Pris-T&Ing Off I'Cer
Attest:
Clerk
PERS-ACT-11 (Amendment) (9/71)
STATE OF CALIFORNIA ) �
COUNTY OF ORANGE ) sa.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of. the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 3844 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 21st day of March, 1978,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 28th day of March, 1978, by the following vote of the
members thereof:
AYES: .COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 3844 on the 28th day of March, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 28th day of March, 1978.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3844 and was published once in
the Anaheim Bulletin on the 7th::day of April, 1978..,
r
CITY CLERK
EXH'1
h
il�1
T ONLY
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ANAHEIM
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as "Board", and the governing body of above public agency,
hereinafter referred to as "Public Agency", having entered into a contract
under date of July 25, 1950, effective September 1, 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 2G, 1975, June 25, 1976,
May 13, 1977 and January 3, 1978, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 9 are hereby stricken from said contract as
executed effective October 1, 1973, and hereby replaced by the
following paragraphs number 1 through 11 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 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 such as
by express provisions thereof apply only on the election of contracting
agencies.
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 Firemen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
miscellaneous members).
In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
became members of said Retirement System:
ADMINISTRATIVE INTERNS, EXAMINATION PROCTORS, AND LIBRARY
PAGES, WHO ARE EMPLOYED ON APRIL 28, 1967 OR THEREAFTER.
CON -702-1
SCHOOL CROSSING GUARDS AND PERSONS EMPLOYED TEMPORARILY
IN THE PARK AND RECREATIONAL DEPARTMENT
PERSONS EMPLOYED TEMPORARILY ON APRIL 28, 1967 OR THEREAFTER
IN THE CONVENTION CENTER AND/OR STADIUM, PUBLIC WORKS DEPART-
MENT, UTILITIES DEPARTMENTS, AND PERSONS EMPLOYED TEMPORARILY
IN A RELIEF CAPACITY. "TEMPORARY EMPLOYMENT" FOR PURPOSES OF
THESE EXCLUSIONS SHALL BE EMrLOYMENT ON AN HOURLY, PER DIEM,
PER GAME, OR PER EVENT BASIS.
EXCLUDE POLICE CADETS HIRED ON OR AFTER JANUARY 1, 1975.
4. 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 contract of the City of Anaheim, 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.
5. The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member shall
be determined in accordance with Section 21251.13 of said Retirement
Law (2% at age 60).
6. The fraction of final compensation to be provided for each year
of credited prior and current service as a safety member shall
be determined in accordance with Section 21252.01 of said
Retirement Law (2X at age 50).
7. 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 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post-retirement survivor allowance to certain survivors).
b. Sections 21380-21388 (providing for allowances for survivors
of members covered under the 1959 Survivor's Program upon the
member's death before retirement).
c. Section 21222.1 (providing a five -percent increase in allowance
to which the annual cost -of -living provisions apply, payable
for time commencing on the first day of the calendar month
coinciding with or next following the effective date of the
amendment to add this section to this contract, to or on account
of members retired or deceased on or prior to December 31, 1970).
d. Section 20862.8 (providing service credit at retirement for
unused sick leave).
e. Section 21222.2 (providing a five -percent increase in allowances
to which the annual cost -of -living provisions apply, payable for
time commencing on the first day of the calendar month coinciding
with or next following the effective date of the amendment to
add this section to this contract, to or on account of members
retired or deceased on or after January 1, 1971 but before
July 1, 1971).
f. Section 20024.2 (defining "final compensation" on the basis of
average compensation earnable during the year immediately
preceding retirement or any other one year period elected by
the member).
g. Section 21389 (providing that miscellaneous members not
covered by Federal Social Security who did not elect to be
covered by the 1959 Survivor Benefit when Public Agency added
said benefit to its contract shall be given another opportunity
to elect to be covered under the program).
h. Section 21382.2 (providing an increased level of 1959 Survivor
Benefits for members of Public Agency covered under the 1959
Survivor Program) pursuant to Section 21390 for safety members.
8. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 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 Section 20759,
Government Code, and accumulated contributions as of the afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
9. Public Agency small contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 0.032 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 11.539 percent on account of the liability for current
service benefits.
(3) 0.289 percent on account of the liability for the
1959 Survivor Program.
b. With respect to local safety members, the.agency shall
contribute the following percentages of monthly salaries
earned as local safety members of said Retirement System:
(1) 0.097 percent until June 30, 2001 on account of the
liability.for prior service benefits.
..-. (2) 23.682 percent on account of the liability for current
service benefits.
CON -702-3
c. A reasonable amount per annum, as fixed by the Board 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 periodical investigation and valuations
required by law.
d.- 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 periodical investigation and valuations
required by law.
10. 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 periodical
investigation and valuation required by said Retirement Law.
11. 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, or adjustments on account of errors
in contributions required of any employee may be made by
direct cash payments between the employee and the Board.
Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks,
money orders, or cash.
B. This amendment shall be attached to said contract and shall be effective on
the day of . 19�_•
Witness our hands this day of , 19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
Legal Office, PERS
CITY COUNCIL
OF THE
CITY OF ANAHEIM
Atv��
Clerk
icer
CON -702-4