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Home My WebLink About3015 RESOLUTION NO. 3015 A RESOLUTION OF THE CITY COUNCIL OF 'rHE CITY OF ARCADIA, CALIFORNIA, REQUESTING REFERENDUM AMONG ELIGIBLE EMPLOYEES OF THE CITY RELATIVE TO OASDI CONVERSION, SPECIFYING CLASSES OF POSITIONS TO BE EXCLUDED FROM SUCH CONVERSION, APPROVING REIMBURSEMENT TO THE STATE OF COSTS INVOLVED; AND DIRECTING EXECUTION OF CERTIFICATION OF ELECTION RESULTS. , WHEREAS, the City of Arcadia, a MuniCipal Corporation, hereinafter desj,gnated as "Public Agency", desires to effect a di- vision of the one-sixtieth (1/60) retirement system and to coordi- nate the one-ninetieth-one-sixtieth (1/90-1/60) formula with Social Secuvity, and to include services performed by its employees in positions covered by the State Employees' Retirement System in the California State Social Security Agreement of March 9, 1951, pro- Viding for the coverage of public employees under the insurance system established by Title II of the Federal Social Security Act, as amended; and, . WHEREAS, the City Council of the City of Arcadia did on April 1, 1958, pass and adopt Resolution No. 2995, entitled "RESO- LUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE. CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM"; and, WHEREAS, said Resolution No. 2995 authorized and directed ~ that written explanatory statements be furnished all employees who are or who may become retirement system members affected by these changes, and on April 17, 1958, said explanatory statements were furnished to all said employees; and, WHEREAS, said Resolution No. 2995 appointed Neil F. Ander- son to conduct an election among "eligible employees~ to resolve the question whether members should be permitted to choose individually ,-# -1- 3015 whether to be covered under OASDI, and pursuant thereto and in the manner therein prescribed, said Neil F. Anderson did on May 5, 1958, hold said election by the "eligible employees"; and, WHEREAS, the result of said election was one hundred six- teen (116) votes in favor of and nine (9) opposed, resolving that . . "eligible emplo;rees" should be pel'l!litted to choose individually whether or not 1;0 be covered under OASDI; and, ~ WHEREAS, state and federal laws require, as a conlition of such coverage, that a referendum first be authorized by the Board of Administration, State Employees' Retirement System, and conducted among the "eligible employees" (as defined in Section 218 (d) (3) of the Social Secur.1ty Act) of the "Public Agency"; and, WHEREAS, it is necessary that the "Public Agency" now des- ignate any classes of positions covered by said retirement system which it declares to exclude from coverage under said insurance ~ system; NOW~ THEREFORE, BE IT RESOLVED, that the Board of Adminis- tration, State Employees' Retirement System be and it is hereby re- quested to authorize the foregoing referendum; and, BE IT FURTHER RESOLVED, that upon receipt of authorization from the Board of Administration, State Employees' Retirement System, a referendum shall be conducted in accordance with the requirements of Section 218 (d) of the Social Security Act, and applicable state and federal laws and regulations; that such referendum shall be held l on the question of whether service in positions covered by said re- tirement system should be excluded from or included under an,agree- , ment under the Old Age Survivor and Disability Insurance program under Title II of the Social Security Act, as hereinbefore provided, .~ -2- 3015 ~ with such coverage effective as to services performed on and after January 1, 1956; and, BE IT FURTHER RESOLVED, that the following classes of positions covered by said retirement system of the ''public Agency" shall be excluded from coverage under said agreement: a. Any services of an emergency nature, including police- men and firemen; b. All service~ in a~l classes of part time positions; ~ c. All services in all classes of positions, the compen- sation for which is on a fee basis; d. All agricultural labor; e. All services performed by students; and, BE IT FURTHER RESOLVED, that not less than ninety (90) days' notice of such referendum be given to all eligible employees as hereinabove provided; and that Neil F. Anderson, City Manager, is hereby desigrulted and appointed to conduct such referendum on behalf of the "Public Agency" in accordance with law, regulations, and this resolution, including the giving of proper notice thereof to all such "eligible employees"; and, BE IT FURTHER RESOLVED, that the "Public Agency" will pay and reimburse thE! State, at such time and in such amounts as may be determined by the State, the approximate cost of any and all work and services rela.ting to such referendum; and, BE IT FURTHER RESOLVED, that Neil F. Anderson, City Man- ager of the City of Arcadia, is directed to execute a certification of the results of the election held on May 5, 1958, and further certify that said election was conducted in the manner prescribed by applicable state and federal laws and regulations and forward same -+ -3- 3015 . to the Board of Administration of the State Employees I Retirement System. The City Clerk shall certify to the adoption of this Reso- lution and shall forward three certified copies hereof to the Board of Administration, State Employeesl Retirement System, 1227 "0" Street, Sacramento 14, California. ,.. l HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council.of the City of Arcadia held on the 6th day of May, 1958, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Jacobi, Camphouse, Balser, Reibold and Phi nips NOES: None ABSENT: None ef(}'~t~ ~~ SIGNED AND APPROVED this 6th day of May, 1958. ~i1~ yor 0 t e City 0 r ~~s:: , yq~o ~~~!14# h'/?n'~ (SEAL) -, --4~ 3015 + . AFFIDAVIT OF NEIL F. ANDERSON CERTIFYING ELECTION RESULTS AND COMPLIANCE WITH PROCEDURAL STEPS INCIDENT THERETO STATE OF CALIFOHNIA; ,~. ss. County of Los Angeles.~ f NEIL F. ANDERSON, being first duly sworn, deposes and says: (1) That on April 1, 1958, the Cit~ Council of the City of Arcadia duly passed and adopted Resolution No. 2995, entitled, "Resolution of Intention to Approve an Amendment to the Contract Be- tween the Board of Administration of the State Employeesl Retirement . . System and the City Council of the City of Arcadia". (2) That said Resolution No. 2995 directed that an explan- atory statement summarizing the proposed changes be furnished each employee who is or may become a retirement system member affected by these changes and that same shan contain a notice that an election on the proposed changes and on the question whether members shall be permitted to choose individually whether to be covered under OASDI win be held ame'ng eligible employees. (3) 'I'hat said Resolution No. 2995 designated and appointed '. Neil F. Anderson to conduct such election in accordance with law, regulations, and said Resolution No. 2995 and to furnish the proper explanatory statement and notice to eligible employees. (4) That prior to furnishing the aforesaid explanatory statement to all eligible employees, Affiant prepared and submitted a copy of said statement for approval to the Board of Administration, state Employeesl Retirement System. (5) ~hat following receipt of the approval of the Board -1- + . of Administration, state Employees. Retirement System, Affiant did on April 17, 1958, cause the said explanatory statement to be fur- nished personally to all eligible employees and gave all such em- ployees a notice that an election would be held on May 5, 1958. (6) That on May 5, 1958, Affiant caused said election to be held pursuant to said notice of election and that all persons voting in said election were members, who on said date were members , / cations as was included in Resolution No. 2995 aforementioned. That members voting lncluded,all members (whether actively employed or on leave of absEmce) except firemen, policemen and those persons whom were excluded therefrom by aforesaid Resolution No. 2995. (7) That said election was conducted during the hours of 8:00 o.clock A.M. and 5:00 o.clock P.M. and in the manner prescribed by law; and upon the closing of the polls the ballot boxes were opened and the ballots counted, witnessed and judged and the results tabulated as follows: Yes 116 No 9 Spoiled Ballot 1 Total Vote 126 Total Eligible to Vote 130 Further, Affiant sayeth not. ~/a<- , sl~orn to before me this u c n"an~r ~ty Los Angeles, state of California Commission Expires July 10, 1960 Ii 3' day of fJ ' 1958. .... -2-