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HomeMy WebLinkAbout3019 . RESOLUTION NO. 3019 A RESOLUTION OF THE CITY COUNCIL OF THE 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 'ro THE STATE OF COSTS INVOLVED; AND DIRECTING EXECUTION OF CERTIFICATION OF ELECTION RESULTS. . WHEREAS, the City of Arcadia, hereinafter designated. as "Public Agency", desires to establish a "deemed" retirement system pursuant to Section 218(d) (6) of the Federal Social.Security Act composed of positions of members of the State Employees' Retirement , System, hereinal'ter designated as "Present Retirement System", de- siring coverage, and to include services performed by individuals employed by the Public Agency in positions covered by said "deemed" retirement system, as members of a coverage group established by Section 218(d) (in of said Act, in the California State Social Se- curity Agreement of March 9, 1951, providing for the coverage of public employees under the insurance syste~ established by Title 2 of said Act as amended; and, <. WHEREAS, an election has been held among members of the Present Retirement System as required by State law as a condition of establishing said System and a majority of the members voting there- in voted in favor of dividing the Present Retirement System to estab- lish said system; and, WHEREAS, State and Federal law and regulations require, as a condition of such coverage, that a referendum be authorized by the Board of Administration, State Employees' Retirement System and con- ducted among the eligible employees (as defined in Section 218 (d) (3) of the Social Security Act) of the Public Agency in positions 'covered by said retirement system; .and, -1- 3019 u WHEREAS, it is necessary that the "Public Agency" now designate any services which it desires to exclude from coverage with respect to such coverage group under said insurance system; and, . WHEREAS, it is necessary for the Public Agency to set forth the modification, if any, of the benefits and contributions under the Present Retirement System that may result from coverage under the 'said insurance system with respect to such coverage group; ~ NOW, THEREFORE, BE IT .RESOLVED, that the Board of Admin- istration, State Employeesl Retirement System, be and hereby is re~ quested to authorize the foregoing division and referendum; .and, BE IT FURTHER RESOLVED, that upon receipt of authorization from the Board of Administration a referendum and division sqan 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 each member of the Present Retirement System at ~ the time of the division shall be furnished a form to permit the member to elect whether or not his services should be. excluded from or included under the said California. Sta,te. Social Security Agree- ment as hereinbefore provided; that such referendum shall. be held on the question of whether service in positions covered by said retire- ment system should be excluded from or included under the said Cali- fornia State Social Security Agreement, as hereinbefore provided, with such coverage effective as to services performed on and after January 1, 1956; and, BE IT FURTHER RESOLVED, that the following services with respect to said coverage group of the. Public Agency shan be ex- .cluded from coverage under said agreement: -2- 3019 1. All services excluded from coverage under the agree- ment by Section 218 ~f the Social Security Act; and, 2. Services excluded by option of the Public Agency (eheck only one part): . c=J a. No optional exclusions desired. [iJ b. Service performed. ( 1) (2) (3) Of an emergency nature 'An classes of part-time:positions (4) All classes of positions, compensation for which is ,on a fee basis All agricultural-labor, if such work would be excluded if performed for a privat:e.. emplo?er All services performed by students, if such work would be excluded if per- formed. for a private employer; (5) and, BE IT FURTHER RESOLVED, that with respect to the said coverage group the benefits and contributions of the Present Retire- ment System shall be modified pursuant to Resolution No. 2995 of this body adopted on April 1, 1958; and, BE IT FURTHER RESOLVED, that notice of the division shall be given not less than fifteen (15) days prior to the date of the division; provided, however, that notice shall be given to employees becoming members of the Present Retirement System after the date of such notice up to and including the date of the division on the date on which they attain membership in the system; 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 designated and appointed to conduct such division and referendum.cm behalf of the Public Agency in accordance with law, regulations, and this resolution, including the giving of proper no- tice thereof to members of the Present Retirement System and to all such eligible employees; and, -~ -3- 3019 BEI~ FURTHER RESOLVED; that the certification required by Section 598.51 of the California Administrative Code be executed with respect to the election by the official designated by this body to conduct such election and be forwarded with this resolution to the Board of Administration, State Employeesl Retirement System; 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 relati~s to such division and referendum. .I HERill3Y CERTIFY that the foregoing Resolution was adopted at a regular meei;ing of the City Council of the City of Arcadia held on the 20th 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 :?i~~~ .SIGNED AND APPROVED this 20th day of May, 195? f~ c9~~~. ~ Mayor o~e i y of t~dia ATTEST: .~~22~ City Clerk .. (SEAL) -4- 3019 --, I, ChJ~istine Van Maanen, City Clerk. of the City. of Ar- cadia, state of California, do hereby certify the foregoing to be a fun, true,; and correcf copy of .Resolution No.. 3019 ad,opted by the City Council of the City of Arcadia~ California, at the regular mee~ing held on the 20th day of May, , i958,. as. the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand affixed the Seal of said City of Arcadia, at my office this 21st day of ." May , 1958. ~'2J/V~ ) ~ Y C er 01' the Gi y 0 rca ia . J -5":' 3019 AFF1:DAVIT OF NEIL F. ANDERSON CERTIFYING. ELECTION RESULTS AND COMPLIANCE WITH PROCEDURAL STEPS INCIDENT THERETO STATE OF CALIFORNI.A ~ ss. County of Los Angeles. ~ NEIL F. ANDERSON, being first duly sworn, deposes and says: (1), :That..cm April 1,. ~958, the City Counc1l of the City of Arcadia duly passed 'and ad~pted Resolution No. 2995, entitled, "Resolution 'of .Intentionto Approve an Amendment to the Contract Be- , tween the Board, of Administration of. the State Employees' 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 Qe furnished. each employee who is or may become a retirement system member affected by these changes and that same shall 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 will be held among,ellgible employees.' (3) That said Resolution No. 2995 designated and appointed Nei.l F. Anderson to conduct such election in aycordance 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 Employees' Retirement System. (5) That following receipt of the approval of the Board of Admihistration, 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. -1- (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 eligible to exercise a choice with respect to OASDI. That said election was conducted in the manner prescribed by applicable state . and federal laws, rules and regulations and the ballot used therein contained the same statement of retirement system benefit modifi- cations as was included in Resolution No. 2995 aforementioned. That members voting included all members (whether actively employed or on leave of absence) 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.II!. and 5:00 o'clock P.M. and in the manner prescribetl. by law; and upori the closing of the polls the ballot boxes were opened and the ballots counted, witnessed and judged and the results tabulated as follows: .. No n6 9 Yes SpOiled Ballot 1 Total Vote 126 Total Eligible to Vote 130 Further, Affiant sayeth not. ~70~ ~ SU~'d and ,worn to b,for, m' th1' ~. 9~.. No ary ~in a~d for the County of Los Angeles, state of California My 'Commission Expires July 10, 1960 .2lJct d f 'I ay 0 ,,/ULJ , 1958. -2- ~ ,J 'C