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)