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92-063 RESOLUTION NO. 92R-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING 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 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 themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend such a 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, such a contract currently exists between the City Council of the City of Anaheim and the Board of Administration of the Public Employees' Retirement System; and WHEREAS, the following is a statement of the proposed change: To provide 2% @ 50 Full formula (from 2% @ 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 local police members. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Anaheim as follows: That the city Council of the city of Anaheim does hereby give notice of intention to approve an amendment to the contract between the City Council of the City of Anaheim and the B~ard of Administration of the Public Employee' Retirement System, a copy of said amendment being attached hereto as an "Exhibit" and by this reference made a part hereof. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ?th day of April, 1992. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED: TY ATTORNEY EME: eme I:\DOCS\ORDRES\R35PERS.14 2 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 Resolution No. 92R-63 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council hold on the 7th day of April, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: ~hr!e, Pickler, Oaly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-63 on the 8th day of April, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1992. CITY CLERK OF THE CITY OF ANAHEI~ (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-63 duly passed and adopted by the City Council of the City of Anaheim on April 7, 1992. CITY CLERK OF THE CITY OF ANAHEIM AMENDMENT TO CONTRACT ~O~,a BETWEEN THE ~ BOARD OF ADMINISTRATION OF THE ~ PUBLIC EMPLOYEES~ RETIREMENT SYSTEM ~e~.~ AND THE CITY COUNCIL OF THE ~n~ CITY OF ANAItEIM 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 imo a contract effective September 1, 1950, and witnessed ]'uly 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, August 19, 1988, January 6, 1989 and May 24, 1991 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective May 24, 1991, 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 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 those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retiremere 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). DO NOT SIGN "EXHIBIT ONLY" 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; AND ¢. 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 eontinuafion 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. Legislation repealed said Section effective January 1, 1988. 6. The percentage 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 percentage of final compensation to be provided for each year of credited prior and currant service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: 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). 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). t I. ,ASE DO NOT SIGN "EXHIBIT ONLY" f. Section 20024.2 (One-Year Final Compensation). 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 20020.9 ("Local Police Officer" shall include city jail, detention or correctional facility employees as described in Government Code Section 20020.9). i. Section 20492.1 (To Remove the Exclusion of "Management Intern" Prospectively from May 24, 1991). j. Section 21266 (Post-Retirement Survivor Allowance to Continue After Remarriage). k. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 9. 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. 10. Public Agency shall contribute to said Retirement System the contributions determined by aetuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits 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 survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment 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 installment 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 dirK payments between the employee and the Board. B. This amendment shall be (~,~ctive on the day of BOARD OF ADMINIS,T, RATIOI~~ CITY COUNCIL PUBLIC EMPLOYEES RETIRemENT SYSTEM OF THE CITY OF ANAHEIM BY BY c~d~~, CHIEF, CONTR~ S,ERVICES DIVISION Presiding Offi Witness Date ~ Attest.~r~& Clet~ PERS-CON-702 (AMENDMENT) (Rev. 1/92)