78-136,,..N ,
RESOLUTION N0. 78R-136
RESOLUTION OF INTENTION "i0 AT'PROVF AN
AMF.NDMEfiI'T TO CONTRACT BE'i'Vv EEN TH R
BOARD OF ADMINISTRATION OF TH E
PUBLIC EMPLOYEES ' R Er IR EN~'NT SYST F~1
AND TSE
CITY COUP~CII:
OIL' i i:IE
CT'PY Oi' r'1id,'?iETM
1n~iE'1~EAS, the Public Employees' Retirement I,aw permits tt3e participation of
public agencies 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 them-
selves 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 amender=.~nt to said
contract, which resolution shall contain a summary of the change(s)
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change(s) :
.~.~('r~t:7.(711 r'~.. ) i~?.~~ ([)7^0V1(Il!'1f" .3.`; IC3<;T°n<l ('C~ IC'V("1. C7i~ ~';}t;;~
~i1;Y'VIVCTI'S O~° 1T!f,';Tlt.)CT'S CqL°E:2'Ct: ~,1TIC~E'T' t'f1F, 1 (i~J(1 ~U?"'J 1 VO?" ~ ~;
Pro~~r°arn) pursu~nr. tc~ Sec~;:inrr ~?~ ~~(~~~~.
NOW,
THEREFGRE, BE I'I' RESOLVED, that the governing booty of the above r~ency
gives, and it does hereby give notice of intention to approve an
amendment 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 an "Exhibit",
and by this reference made a part he
BY
z'it e
_ Fe r
Date adopted and approved
CON-122 (178)
STATE OF CALIFORNIA )
~OUNTY ,iQF• ORANGE ) ss. ,
ITY OFANAHEIM ? ) ~~~~
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Resolution No. 78R-136 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 28th day of February, 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
Resolution No. 78R-136 on the 28th day of February, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and ,affixed the seal of
the City of Anaheim this 2$th day of February, 1978.
f< ~_ ~--
C Y LERK OF THE C Y OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R-136 duly passed and adopted
by the Anaheim City Council on February 28, 1978.
CITY CLERR~
~.w _.
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE ~, _...,, ~ ~± ~~1
CITY COUNCIL ," ~ ~~ ~5, ,
`'~ #
OF THE ~#` ~ 4'. ~,~ ~ •u;, ~ 'y F~ ~S
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 zeferred 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, 1.968, July 2, 1971,
October 1, 1973, December 26, 1974, May 30, 1975, June 26 , 1975, June 25, 1976,
May 13, 1977 and January 3, 1978, which provides for participation of Public
Agency in said Syatem, 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 I through Il 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
becoane 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 REGREATIONAT. 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 E.'~'LOYED TEMPORARILY
IN A RELIEF CAPACITY. "TEMPORARY EMPLOYMENT" FOR PURPOSES OF
TikE5E EKCLUSIONS SHALL BE EMPLOYMENT ON rtN IiOUR.LY , PER DIEM,
PER GAME, OR PER EVENT BASIS.
EXCLUDE POLICE CADETS HIREll UN 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 Anakieim, 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 farmer 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 fc>r. earkt year
of credited prior and current service as a safety member shall
be determined in accordance with Section 21252.01 of said
Retirement Law (2% at age 50).
7. The following additional provisions of the Public Employees' Retiremec~t
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 far 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 cast-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.$ (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 an account of members
retired or deceased on or after January 1, 1971 but I~efore
July 1, 1971).
,.. }._..
f. Section 20024.2 (defining "final compensation" on the basis of
average compensation earnable during tYte year immediately
preceding retirement or any other one year. period elected by
the member).
g. Section 21389 (providing that miscellaneous meanbers not
covered by rederal Social Security who did trot 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 contributians 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 shall 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, 'L000 on account of the
liability for prior service benefits.
(2) 11.539 percent on account of the liability far current
service benef its.
(3) 0.2$9 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 tiie
liability for prior service benefits.
(2) 23.6$2 percent on account of the liability for current
service benef its.
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 I9
Witness our hands this day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
Carl 3. Blechinger, Executive Officer
Approved as to farm:
Legal Office, PERS
19
CITY COUNCIL
OF THE
CITY OF ANAHEIM
~ ~y
~ ;. i g Officer
Attest~~~
T~k" <~`~
~,~,
~<<.
Clerk
CON-7 02 -~
t'UBLIC ENPI,DYEES' RETIRII~'~;l`~'. SYSTEM ACTIIARIAL VAI,U~.TION REP,.,..,"
P~~tB-ACT-14 (12-76 )
AGENCY NAME: City of Anaheim EMPLOYER N0. 0303
Safety Members
PROPOSID FORMULA
°""'"~ `. Valuation specifications:
Present ~at,e
1. Valuation "as of" date 7-1-76
2. Formula
3. Normal Retirement Age
4. Final Compensation {years)
5. 1959 Survivors
6. Post-retirement Survivor Allowance
2 ° @ 50 2;~ Q 50
50 50
1 Year 1 Year
with 25~
Yes Yes increase)
Yes Yes
7. Sick-leave credit
8. Military service credit
9. Additional:
Yes __ ___ _Yes
No No
No No
B. Agency contribution rate for current
service (as °~ of member payroll)
a. For retirement benefits
b. For death benefits
23.375 23.375
0.057 0.057
c. For unused sick leave
d. For 1959 survivor benefits
e. For SB 135 and/or SB 1113
f. For SB 1039
g. Total current service rate
0,250 0.20
0.000 0.000
23.682 23.b$2
C. Agency contribution for prior service
a. Contribution rate as ~ of member
payroll until June 30, 2001
0.097 ~ 0.097
""""`"~. Total Agency Contributions:
a. Total Agency Contribution Rate:
b. Fee
Please note that these figures
are subject to change or. 7-1-78.
23.7791 23-77
$100
KISUK YANG
~' CHIEF ACTIIARY
February 21, 197$
Date
EXHIBIT "A"
ASSURANCES
A. The State agrees to take necessary action within State capabilities to require compliance with these assurances by the applicant
or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional
Drrector.
The Applicant Certifies:
B. That (to the best of his knowledge and belief) the disaster relief work descnibed on each Federal Disaster Assistance Admin-
istration (FDAA) Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria
contained in 24 Code of Federal Regulations, and FDAA (HUD) Handbooks.
C. That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsibility.
D. That the emergency or disaster relief work therein described for which Federal assstance is requested hereunder does not or will
not duplicate benefits received for the same loss from another source.
E. That all information given by it herein is, to the best of its knowledge and belief, true and correct.
F. That all financial assistance received under this application will be, or has been, expended in accordance with applicable Iaw and
regulations thereunder.
The Applicant Agrees:
G. To (1) provide without cost to the United States all lands, easements, and rights-of--way necessazy for accomplishment of the ap-
proved work; (2) hold and save the United States free from damages due to the approved work or Federal funding.
H. To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the Federal Disaster As-
sistance Administration pursuant to that Title to the end that, in accordance with Title VI of that Act and the Regulation, no
person in the United States shall, on the ground of race, color, religion, nationality, sex, age, or economic status, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any progam or activity for
which the Applicant received Federal financial assistance from the Agency and HEREBY GIVES ASSURANCE THAT it will
immediately take any measures necessary to effectuate this agreement.
I. That if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to
the Applicant by the Federal Disaster Assistance Administration, this assurance shall obligate the Applicant, or in the case of
any transfer of such property, any trazvsferee, for the period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or
benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains
ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during
which the Federal financial assstance is extended to it by FDAA.
J. That the assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimburse-
ments, advances, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Ap-
plicant by FDAA, that such Federal financial assistance will be extended in reliance on the representafions and agreements made
in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is
binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appeaz on the
reverse aze authorized to sign this assurance on behalf of the Applicant.
K. To obtain and maintain any flood insurance as may be required for the life of the project(s) for which Federal fmancial assistance
for acquisition or construction purposes for buildings or mobile homes was provided herein; and, to obtain and maintain any
other insurance as may be reasonable, adequate and necessary to protect against further loss to any property which was replaced,
,,..~... restored, repaired or constmcted with this assistance.
L. That, as a condition for the grant, any repairs or construction financed herewith, shall be in accordance with applicable standards
of safety, decency and sanitation and in conformity with applicable codes, specifications and standazds; and, to evaluate the
natural hazards in areas in which the proceeds of the grant or loan aze to be used and take appropriate action to mitigate such
standazds, including safe land use and construction practices.
M. To defer funding of any projects involving flexible funding under Section 402 or Section 419 until FDAA makes a favorable
environmental clearance determination, if this is required.
DESIGNATION OF APPLICANT'S LOCAL AGENT
RESOLUTION
BE IT RESOLVED BY OF
(Governing Body) (Public Entity) '
THAT
(Name of Incumbent) ~ (Official Position) '
is hereby authorized to execute for and in behalf of
a public entity established ender the laws of the State of
this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance
under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief
Fund.
~~
THAT , a public entity established under the laws of the State of______,_
hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance
Administration (FDAA), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal
disaster assistance the assurances and agreements printed on the reverse side hereof.
Passed and approved this day of
,19 .
(Name and Title)
(Name and Title)
(Name and Title)
CERTIFICATION
I,
passed and approved by the
on the day of
Date:
duly appointed and of_
(Title)
do hereby certify that the above is a true and correct copy of a resolution
(Governing Body)
--.-, 19
(Official Position)
(Public En tityJ
(Signature)
NUD - 490 (9-74) Replaces Previous Edition and OEP Form 231 Which Is Obsolete