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HomeMy WebLinkAboutC-2681TERMINATION AESOLUTION Rev. 4 (2/68) RESOLUTION NO. 4477 1100-,20 (Requesting termination of the Social Security (Old -Age, Survivors, Disability, and Health Insurance) Agreement between the CITY OP ARCj)TA and the State of California) WHEREAS, the QI'VY UP' iUiL;11D1l , hereinafter referred to as "Public Agency ", and the State of California entered into an agreement on Pcr -niter Ir) , 195P- , providing for the inclusion of the services of eligible employees of the Public Agency in the California State Social Security Agreement of March 9, 1951, pursuant to the provisions of Section 218 of the Social Security Act; and WHEREAS, coverage of such services under the said agreement between the Public Agency and the State of California has been in effect for not less than five years from the effective date of coverage specified in said agreement, as required by law for termination of coverage; and WHEREAS, it is understood that if the said agreement between the Public Agency and the State of California, and the California State Social Security Agreement with respect to the Public Agency, are terminated, the Public Agency ma,l n to into an agreement with the State to provide for inclusion of the services of its employees in the California State Social Security Agreement; Now, therefore, be it RESOLVED, That the Cep. Coac,c.i' , find and it hereby finds that it is in the best interest of the Public Agency to terminate said agreement with respect to all coverage groups thereof; and be it further RESOLVED, That the Authorized Agent of the Public Agency be, and he is hereby author- ized and directed to notify the Board of Administration of the Public Employ- ees' Retirement System of termination of the agreement of Dec(aiber 10 , 19 �-J, between the Public Agency and the State of California, as required by law, effective March 31 9 19 77; and be it further w w m st a m w 4 • _ -z m m o. w RESOLVED, Thal file said Board of Administration be, and it is hereby, requested to m take such action as is required to effect termination of the California State Social Security Agreement of March 9, 1951, with respect to all coverage groups of the Public Agency, effective March 31 19 77 w and be it further RESOLVED, That the Authorized Agent of the Public Agency be and is hereby directed to forward to the Board of Administration a certified copy of this Resolution. IT IS HEREBY CERTIFIED That the foregoing Resolution was duly introduced and regularly adopted at a regular /special meeting of the t:U.. C"w i'vi.1 4th vote: of the +'i':'�� f;,a held on the day of February 19 75 . by the following AYES Counci]mon Gilb, Helms, Lauber, Saelid and Scott NOES None PERS- SSD -64 Rev. 4 (4) BY /s/ ALTON E. SCOTT TITLE Mayor . 0 Security Act, "Federal agency" means the Secretary of Health, Education, and Welfare, or successor in function to such officer, "Board" means the Board of Administration of the State Employees' Retirement System, acting on behalf of the State of California. The CITY OF ,ARCAUTA , a public agency (Official Name of Public Agency as defined in Section 22009 of the Government Code hereinafter called Applicant, hereby makes application to the Board to execute a modification to the California State Social Security Agreement extending thereundcr the Federal System to all services performed by individuals as employees of the Applicant in a coverage group (as defined in Section 218(d)(4) of the Social Security Act? /) of the Retirement GROUP B - STATE EMPLOYEES' RETIRDIR1 SYSTEM , a deemed retirement system established System by division of a retirement system pursuant to Section 218(d)(E) of the Social Security Act, composed of positions of members desiring coverage under said insurance system, except the following: 1/ See Attachment 2/ See Attachment Ret'. OASI 32D (2-58) A �plieation Agr,�cmenw (Division Cover hge G,oup ) `' Yf ♦ w RETURN TO: OASI SECTION STATE EMPLOYEES' RETIREMENT SYSTEM 1227 - 0 Street Sacramento 14, California APPLICATION AND AGREEMENT �1 a• For the purposes of this application and agreement, any reference made herein to any State or Federal statute or statutes, or regulations, or part thereof, applies to all amendments thereto now or hereafter made. For the purposes of this application and agreement, "Federal System" means Old -Age, Survivors, and Disability Insurance system established by Title II of the Federal Social Security Act, "Federal agency" means the Secretary of Health, Education, and Welfare, or successor in function to such officer, "Board" means the Board of Administration of the State Employees' Retirement System, acting on behalf of the State of California. The CITY OF ,ARCAUTA , a public agency (Official Name of Public Agency as defined in Section 22009 of the Government Code hereinafter called Applicant, hereby makes application to the Board to execute a modification to the California State Social Security Agreement extending thereundcr the Federal System to all services performed by individuals as employees of the Applicant in a coverage group (as defined in Section 218(d)(4) of the Social Security Act? /) of the Retirement GROUP B - STATE EMPLOYEES' RETIRDIR1 SYSTEM , a deemed retirement system established System by division of a retirement system pursuant to Section 218(d)(E) of the Social Security Act, composed of positions of members desiring coverage under said insurance system, except the following: 1/ See Attachment 2/ See Attachment Ret'. OASI 32D (2-58) A �plieation Agr,�cmenw (Division Cover hge G,oup ) `' a. Any service of an emergency nature r. All services in any class or classes of part -time positions d. All services in any class or classes of positions the compensation for which is on a fee basis e. Agricultural labor if such work would be excluded if performed for a private employer f. Service performed by a student if such work would be excluded if performed for a private employer In order to carry into effect the common governmental duties under such statutes and in consideration of the mutual promises hereinafter made, the Applicant and the Board agree as follows: 1. The Board will execute a modification to the California State Social Security Agreement to extend thereunder the Federal System to the services of employees of Applicant as hereinbefore applied for. 2. Applicant will comply promptly and completely, throughout the term of this appli- cation and agreement, with the letter and intent of all statutes of the State of California, and Section a8 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto. 3. Applicant will pay to the State at such time or times as the State may by regu- lation prescribe, amounts equivalent to the sum of taxes (employer- employee contributions) which would be imposed under the Federal Insurance Contributions Act if the services of employees covered by the application and agreement constituted employment as defined in such Act. Applicant shall keep or cause to be kept accurate records of all remuneration for such services, said records to be maintained as required by Federal or State regula- tions, and said records shall be available for inspection or audit by the Board or its designated representative. 3/ See attachment Ret. oASI '�?n (2-,,A) - 2 - 4J (1) Those services mandatorily excluded from said agreement by Section 218, /. Social Security Act3 (2) The following services excluded by option of the Applicant pursuant to k.n Resolution No. 3019 adopted on May 20 , 19.,58 CY% a. Any service of an emergency nature r. All services in any class or classes of part -time positions d. All services in any class or classes of positions the compensation for which is on a fee basis e. Agricultural labor if such work would be excluded if performed for a private employer f. Service performed by a student if such work would be excluded if performed for a private employer In order to carry into effect the common governmental duties under such statutes and in consideration of the mutual promises hereinafter made, the Applicant and the Board agree as follows: 1. The Board will execute a modification to the California State Social Security Agreement to extend thereunder the Federal System to the services of employees of Applicant as hereinbefore applied for. 2. Applicant will comply promptly and completely, throughout the term of this appli- cation and agreement, with the letter and intent of all statutes of the State of California, and Section a8 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto. 3. Applicant will pay to the State at such time or times as the State may by regu- lation prescribe, amounts equivalent to the sum of taxes (employer- employee contributions) which would be imposed under the Federal Insurance Contributions Act if the services of employees covered by the application and agreement constituted employment as defined in such Act. Applicant shall keep or cause to be kept accurate records of all remuneration for such services, said records to be maintained as required by Federal or State regula- tions, and said records shall be available for inspection or audit by the Board or its designated representative. 3/ See attachment Ret. oASI '�?n (2-,,A) • r 1 - / •J 4. Applicant will prepare and submit such wage and other reports to the State as m may be required from time to time by the State. ar► a.► 5. Applicant will pay and reimburse the State at such times as may be determined by % the State: (a) Any sums of money that the State may be obligated to pay or forfeit to the w Federal government by reason of any failure of the Applicant, for any cause or reason, to pay the contributions, penalties, or interest required by the agreement between the Federal agency and the State at such time or in such amounts as required by the said agreement and any State or Federal regulations adopted pursuant thereto. (b) In such amounts as may be determined by the State, its proportionate share of any and all costs incurred by the State in the administration of the Federal System as it affects the Applicant and its employees. (c) In such amounts as may be determined by the State, the cost of any and all work and services relating to any election, division, or referendum for the purposes of coverage under the Federal System held with respect to the coverage group for which coverage under the Federal System is requested herein. (d) In such amounts as may be determined by the State, the costs of any audits of the books and records of the Applicant made by the State or its designated representa- tives pursuant to Section 22559 of the Government Code. 6. The coverage herein provided for shall be effective January 1 , 1956 , and this agreement shall continue until tez-xiinated as provided herein. 7. Applicant shall have the right to terminate, subject to approval of the Federal agency, upon giving at least two years' advance notice in ,rriting to the State, effective at the end of the calendar quarter specified in the notice, its coverage under the Federal System pursuant to the provisions of this �o)plication and a reement, either in its Ret. OASI 32D (2 -58) IN entirety or with respect to any coverage group, as defined in Section 218(b)(5) of the m v+ Social Security Act, of the Applicant, but only if the agreement between the State and the m k.n Federal agency has been in effect with respect to such coverage from the effective date of coverage under the Federal System as set forth in this application and agreement for not o• less than five years prior to the receipt of such notice; provided, however, that any such termination shall be subject to the provisions of Section 218(8) of the Social Security Act "�'* and F .,deral regulations adopted pursuant thereto and rules and regulations promulgated by the State with respect to coverage under the Federal System, and provided further, that if the Federal agency should terminate the agreement between the Federal agency and the State for the administration by the Str:te of the Federal System, the State shall have the right to terminate this application and agreement in accordance with the same rights and powers as the Federal agency exercises in terminating the agreement between him and the State. That, subject to the aforesaid provisions and applicable law, this application and agreement may be terminated or amended by th,- mutual consent of the parties in writing. 8. After the filing of this application and agreement, its acceptance and execution by the State shall constitute it a binding agreement betwoon the Applicant and the State of California with respect to the matters herein set forth. ROUT r�1 i, 1i T, no 11 DAT2 Signed '�%'Tt�.iv 0 1: B ' Y ACCEPTED: DEC 1 D 195E STATE OF CALIFORNIA BOARD OF ADMINISTRATION STATE EMPLOYEES' RETI MENT SYSTEM Executive Off er Ret. OASI 12D (2 -58) And By CITY OF ARCADIA (Title) n1fV Clark November 282 1958 (SUBMIT IN DUPLICATE)