Resolution No. 6401RESOLUTION NO. 6401
243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT AS REQUIRED BY THE CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM, APPROVING WAIVER OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT LAW MANDATORY 180 -DAY WAITING PERIOD
FOR OFFICER CHRISTOPHER MCSHANE.
WHEREAS, the City of Cypress contracts with the California Public Employees
Retirement System ( "CALPERS ") for retirement benefits; and
WHEREAS, the Public Employees' Pension Reform Act of 2013 ( "PEPRA ") effective
January 1, 2013, implemented many changes to the Public Employees' Retirement Law
( "PERL ") which governs the actions of CALPERS; and
WHEREAS, among other modifications to PERL, PEPRA:
(1) changed how retirees who desire to engage in public service after retirement are
treated, designating them "retired annuitants" who are limited to working 960 hours per
fiscal year;
(2) implemented a mandatory 180 -day waiting period before a "retired annuitant" may
to return to public service;
(3) created certain exemptions to the 180 -day waiting period for retirees who are
Peace Officers; and
WHEREAS, Homeland Security Investigations has requested the services of a part -time
task forces officer; and
WHEREAS, Officer Christopher McShane ( "Officer McShane ") has Federal Clearance
through Homeland Security Investigations; and
WHEREAS, Officer McShane will service retire from the City of Cypress with an effective
date of December 31, 2013 and has expressed an interest in the part -time task force position
with Homeland Security Investigations; and
WHEREAS, Officer McShane's service as a "retired annuitant" would be of a critical
nature; and
WHEREAS, in order to allow Officer McShane to be immediately appointed to this position
after retirement, the City Council must approve the waiver of the 180 -day waiting period
pursuant to the PERL's peace officer exemption during an open session;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, and
acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, does
hereby approve the waiver of the PERL 180 -day waiting period for Officer McShane, thereby
allowing him to serve as retired annuitant.
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-
officio Board of Directors of the Cypress Recreation and Park District, at a regular meeting held
on the 9th day of December, 2013.
MAYOR OF/fH CITY O CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the
9th day of December, 2013, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Narain, Bailey, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
LOX
CITY CLERK OF THE CITY OF CYPRESS