R 3854
RESOLUTION NO. 3854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE CITY OF ARROYO
GRANDE'S PUBLIC AGENCY RETIREMENT SERVICES (PARS)
ALTERNATE RETIREMENT SYSTEM
WHEREAS, the City of Arroyo Grande ("City") has previously adopted the City of Arroyo
Grande's PARS Alternate Retirement System (the "Plan"); and
WHEREAS, the City has the right to amend that Plan in accordance with Section 8.3 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 law or the benefits, protections and responsibilities
provided by those laws; and
WHEREAS, the City deems it to be in the best interest of the City to amend the Plan to
comply with the terms of the Act.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1) Article 7 of the Plan is hereby amended by adding the following Section 7.5 thereto
to read as follows:
"7.5. Domestic Partners. Effective as of January 1, 2005, for purposes of this
Article 7 only: (1) all references to 'marriage' shall also include '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 of
death with the Secretary of State as such in accordance with Section 298.5 of the
California Family Code."
2) This Plan change will become effective immediately upon adoption of this
Resolution.
--
RESOLUTION NO. 3854
PAGE 2
On motion of Council Member Dickens, seconded by Council Member Arnold, and on
the following roll call vote, to wit:
AYES: Council Members Dickens, Arnold, Guthrie and Mayor Pro Tem Costello
NOES: None
ABSENT: Mayor Ferrara
the foregoing Resolution was passed and adopted this 28th day of June, 2005.
.
.-- -
RESOLUTION NO. 385"/
PAGE 3
\
ATTEST:
~
MORE, CITY CLERK
APPROVED AS TO CONTENT:
~\
E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
RESOLUTION NO. 3854
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 3854 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 28th day of June 2005.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th
day of June 2005.
-