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91-095 RESOLUTION NO. 91R- 95 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM WHEREAS, the Public Employee's Retirement Law permits the participation of public agencies and their employees in the Public Employee's 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 Section 21266 (Post-Retirement Survivor Allowance to Continue After Remarriage) for local miscellaneous members and local fire members only; Section 20930.3 (Military Service Credit as Public Service) for local fire members only and Section 20492.1 (To Remove the Exclusion, Prospectively, for "Management Intern") . NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Anaheim 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 hereof. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2_~n~d~y of April, 199!. MAYOR OF THE CITY OF ANAHEIM PRO ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: ~ITY ATTORNEY OF THE CITY OF ANAHEIM PERS 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. 91R-95 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of April, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 91R-95 on the 3rd day of April, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of April, 1991. 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. 91R-95 , duly passed and adopted by the City Council of the City of Anaheim on April 2, 1991. CITY CLERK OF THE CITY OF ANAHEIM Public Employees' Retirement System Public Agency Contract Services Contract Services Division - Section 220 Post Office Box 942709 Sacramento, CA 94229-2709 Telephone (916) 326-3420 326-3000 (Telecommunications Device for the Deaf) CERTIFICATION OF GOVerNING BODY'~ ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council , (Governing Body) of the City of Anaheim , (Name of Public Agency) on April 2, 1991 (Date) CITY CLERK or Secretary of the Board CSD-CON-12 C0600 (Rev. 11/88) COPY ,,~t,~' BOARD OF AD~INISTRATION ~-~" OF THE .4 %~0 PUBLIC EMPLOYEES* RETIREMENT SYST~4 ~)(~ '~ CItY COUNCIL 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 l, 1956, September 1, 1956, July 1, 1959, May l, 1962, August 1, 1962, January 22, 19650 April 28, 1967, September 27, 1968, July 2, 1971, October l, 1973, December 26, 1974, ~ay 30~ 1975~ June 26, 1975~ June 25~ 197~, ~ay 13~ 1977~ January 3~ 1978~ April 28~ 1978~ September 15~ 1978~ February 10~ 1984~ November 1~ 1985~ ~ay 9~ 1986, August 19~ 1988 and January 6, ~989~ which provide~ for participation of Public ~gency in said System, Board and P~blic Agency hereby agree as Paragraphs 1 through 13 are hereby stricken from said contrac~ a~ execute~ effective January ~ 1989~ and hereby replaced by the following paragraph~ numbered 1 through ~4 inclu~ive~ 1. All words and term~ u~ed herein ~hich are defined in the Public Employees' Re~iremen~ Law ~hall have the meaning a~ defined therein unles~ otherwise ~pecifically provided. "Normal retirement age" ~hall mean age ~0 for local miscellaneou~ member~, age 50 for local fire member~ and for tho~e local police member~ entering membership prior to November 1~ 1985~ and age 55 for tho~e local police member~ entering membership on or after November 1~ 1985. 2. Public Agency ~hall participate in the Public E~ployee~' Retirement System from and after September 1, ~950 making it~ employee~ as hereinafter provided, member~ of said Sy~te~ ~ubject to all provi~ion~ of the Public Employee~~ Retirement La~ except such as apply only on election of a contracting agencF and are no~ provided for herein and to all amendments to said La~ hereafter enacted excep~ those~ which by expres~ provisions thereof, apply only on the election of a con,rack- ing agency. 3. E~ployee~ of Public Agency in the following cla~e~ shall become members of said Retirement System except such in each such cla~ as are excluded by la~ or khis agreement: a. Local Fire Fighters herein referred to a~ local safe~y member~)~ b. Local Police Officers (herein referred to as local ~afety member ~ ) ~ Employee~ other ~han local safety members (herein referred to local miscellaneous member~). 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 ~PLOYIU3 TEMPORARILY IN T~ll~ ~ PARK AND RECREATIONAL DI~PAR'I'NEN~ HIRED ON OR AI~ER SEPTI~BER 1, b. ADNINIS~I~A?IVE INTERNS, EXI~4INATION PROCTORS, LIBRARY PAGES, PERSONS I~4PLOYED ~4PORARIL¥ IN H~ CONVENTION CE~r'z~ AND/OR STADIUM, PUBLIC WORKS DEPARTNEN~, ~ILITIES DEPARTS, AND PERSON ENPLOYED TEMPORARILY IN R~LIEF CAPACI~ HIRED ON OR AFTER APRIL 28, 1967. "T]~PORARY ~PLOYMEN~" FOR PBRPOSES OF T~SE EXCLUSIONS S]~%LL BE ]9~PLOYNEN~ ON AN HOURLY, PER DI]~, PER GA~E, OR PER EVENT BASIS;  c. POLICE CADE~$ 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. 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 current service for local fire members and for those local police members entering membership prior to November 1, 1985 shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). ~ 8. The percentage of final compensation to be provided for each year of credited prior and current service for local police members entering membership on or after November 1, 1985 shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at age 55 Full). 9. 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) for local miscellaneous members, local fire members, and for those local police members entering membership prior to November 1, 1985. *** COPY 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, 1980. e. Section 20862.8 (Unused Sick Leave Credit) for local miscellaneous members, local fire members, and for those local police members entering membership prior to November 1, 1985.  Section 20024.2 (One-Year Final Compensation) for local miscel- laneous members, local fire members, and for those local police ~ members entering membership 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 (Different Level of Benefits), applicable to Sections 21252.01, 20024.2, 21263, 21263.1, 21263.3 and 20862.8 for local police members entering membership 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). j. Section 20492.1 (To Remove the Exclusion of Management Intern Prospectively from effective date of this amendment to contract). k. Section 21266 (Post-Retirement Survivor Allowance to Continue After Remarriage). 1. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. 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 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. 12. Public Agency shall also contribute to said Retirement System as follows: * ** COPY 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 reaaonable 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. c. 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. 13. 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. 14. 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 BOARD OF ADMINISTRATION . ~'~ CITY COUNCIL PUBLIC EMPLOYEES' RETIREMEN~fSTEM OF THE ,~ CITY OF ANAI{EIM CHIEF, CONTRAC~RVICES DIVISION Presiding Officer PUBLIC EMPLOY~ RETIREMENT SYSTEM ~)~'~ Witness Date Clerk/ PERS-CON-702 (AMENDMENT) (Rev. 3/90) Public Employees' Retirement System Public Agency Contract Services Contract Services Division - Section 220 Post Office Box 942709 Sacramento, CA 94229-2709 Telephone (916) 326-3420 326-3000 (Telecommunications Device for the Deaf) CERTIFICATION OF COMPLIANCE GOVER[~94EN~ CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting by the City Council of the City of Anaheim (governing body) (public agency) at least two weeks prior to the adoption of the final Ordinance/Resolution. Date: April 8, 1991 ~ original signature City Clerk official title CSD-CON-12A (Rev. 11/88) C0601