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:
~