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CC Resolution 10516 RESOLUTION NO. 10516 RESOLUTION TO AMENDMENT TO THE CITY OF CAMPBELL CONTRACT WITH PARS, SECTION 457 FICA ALTERNATIVE RETIREMENT PLAN WHEREAS, City of Campbell (the "Agency") has previously adopted the City of Campbell PARS Section 457 FICA Alternative Retirement Plan (the "Plan"); and WHEREAS, the Agency has the right to amend that Plan in accordance with Section 5.2 of the Plan; and WHEREAS, effective as of January 1, 2005, the State of California has enacted the California Domestic Partners Rights and Responsibilities Act of 2003 (the "Act"); and WHEREAS, certain provisions of the Plan are governed exclusively by Federal Law; and WHEREAS, Section 297.5(k) of the California Family Code indicates that the Act does not amend or modify federal laws or the benefits, protections and responsibilities provided by those laws: and WHEREAS, the Agency deems it to be in the best interest of the Agency and the Plan to amend the Plan to comply with the terms of the Act. NOW, THEREFORE, BE IT RESOLVED, that Section 1.5 of the Plan is hereby amended by adding the following new subsection 1.5(e) at the end thereof to read as follows: "(e) Effective as of January 1, 2005, for purposes of this Section 1.5 only: (1) all references to 'marriage' shall also 'registered domestic partnerships,' (2) individuals in a 'registered domestic partnership' shall be considered 'married,' and (3) all references to a 'spouse' shall also include a registered domestic partner. A 'registered domestic partner' and a 'registered domestic partnership' refers to persons and partnerships satisfying the requirements of the California Family Code and officially registered as of the date death with the Secretary of State as such in accordance with Section 298.5 of the California Family Code." This Amendment is hereby adopted effective as of January 1 2005. PASSED AND ADOPTED this roll call vote: 7th day of June , 2005 by the following AYES: Councilmembers: NOES: Councilmembers: ABSENT: Council members: Burr, Hernandez, Furtado, Watson, Kennedy None None ATTEST: ~ Anne Bybee, City Clerk APPROVED: ~