HomeMy WebLinkAboutCC Reso No 1951-703
. RESOLUTION 7ti3 .
(To Accompany Application and Agreement)
I
, ,
PRO~FRTY OF CITY
~\I()F~E
~f .,',;. F!l.ES
requested by the
a majority of the eligible employees for whom. coverage is
City of EII.inore , hereinafter designated as
(Name of the Public Agency)
liPublic AgencY'f, at an election or elections ,voted in favor of the Public Agency
WHEREAS,
making a fomal application to the state Director of Finance, hereinafter desig-
nated as the State, for inclusion of the said eligible employees of said Public
Agency in an agreement between the state and the Federal Security Administrator
for the coverage of such eligible employees under the insurance system established
by Title II of the Federal Social Security Act, as amended and implemented by
Chapter 46, statutes of 1950, 3rd Extra Session; and
WHEREAS, the Public Agency desires to file such an application with the
state and to enter into an agreement with the state containing terms and conditions
whereby the State will take the necessary steps to extend to such ~ligible
employees coverage under the said insurance system on behalf of the Pu lic Agency;
WHEREAS, a fonn of application and agreement between the stae and the
a.nd
Public Agency containing the terms and conditions for the inclusion by the state
of the said eligible employees under the coverage of said insurance sy tem on
behalf of the Public Agency has been submitted to this body for consideration and
action;
NOW, THEREFORE, BE IT RESOLVED that the Public Agency execute the afore-
said application and agreement and submit the same to the state for acceptance
a~d that the state be, and it is hereby" requested to include all said eligible
I
employees of the Public Agency in an agreement between the state and the Federal
Security Administrator for the coverage of said employees under the insurance
system established by Title II of the Federal Social Security Act, as amended or
as may hereafter be amended; and
BE IT FUR~ RESOLVED, that for the pill'pOse of said application and
agreement, ~. AJ. >r~ ~, . MA-XO~.. ,
" ~<Nfuite) ) , Title
E.ls1BOre,: Q~~!~'4 ' be, anQ he hereby is, designated as the
tAddress)
Authorized Agen:t of the Public Agency and is hereby authorized and directed to
execute said application and agreement, as submitted, on behalf of Public
Agency and to forward the same to the, state fo1,' accepta.nce and further action;
and
BE IT FURTHER RESOLVED, that said Authorized Agency is further authorized
and directed as the representative of the Public Agency to conduct all neg~tia-
tions, conclude all arrangements and sign all a.greements and instruments which
may be necessary to carry out the letter and intent of the aforesaid appli,cation
and agreement and in conformity with all applic.able Federal and state laws, rules
and regulations.
I
@()PdO# PiJ.g~n~
, Clerk/Seoretary of the
--
c;
.:. '" ,.~ .~~lnOre
, state of California, do hereQy ce,rtify;ge foregoing to be a
full, true and correct copy of, the resolution adopted by the ff....ezy ~~ 4 .
of the City of Eltinore at a regular/s~l meeting held on the /3_._
da;rof ~
, 195~, as the same appears of record in ~y office.
IN i'JITNESS WHEREOF J I have herounto set my hand affixed the Seal of
CIty of EJ~i'nore ' '
...id . , at "'"' office this /,3 -;!!!' of ~: . 195L.
~~ ~<-~
Clerki~~
SUBMIT IN TRIPUCATE
........ -
'ro-'t:UE DIDBOroR OF FINANCE
SPATE OF EMLIFORNHc DEPARTMENT OF EMPLOYMENT
lOeO N at! eGt 1025 P STREET
Sa6tBJIl-ento, CalifeFm.a. SACRAMENTO, CALIF.
CflY
I.
I....
APPLICATION AND A~T
r' ,., :-- ____..... A ' f' --
.
City of EII.inore
(Name of Public Agency)
in Section 13775 of the Goverrunent Code, hereinafter called Applicant, in
The
,J a public agency as defined
accordance with a duly adopted resolution (or ordinance) of its legislative or
governing body, a certified copy of which is attached hereto and incorporated
by reference herein, hereby makes application to the Director of Finance of
the state of California, hereinafter called state, to include all services
performed by each of the eligible employees of Applicant for whom coverage is
requested herein 'Within the coverage of the old age and survivors insurance
system established by Title n of the Federal Social Security Act, as amended,
in conformity with Section 218 thereof and implemented by Chapter 46, statutes
of 1950, 3rd Extra Session, and applicable federal and State regulations
thereunder..
In order to carry into effect the common governmental duties under
Chapter 46, applicant agrees to be bound by the following terms and conditions
in'consideration of an agreement between the Federal Security Admir~strator
and the state; and the State agrees to take the necessary steps to extend the
old age and survivors insurance system to cover the said emploJrees of the
Applicant:
1.. Applicant hereby requests that all services of each of its
eligible employees within the following coverage grou~ as defined by
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Section 2l8(b)(5#' of the said Federal Social Sec:u.."'i.ty Act, be included in the
said insurance system coverage:' , ,__. I Jt.itA"
pJJ~~ ~ tt. eJ{ 1 ~ ~. r',.,J
(\':ill in~ptkate eov.....g~tran desi~i"" . . (1)>, "'-.
(C) or ~ootnote 1/.)
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f~'
2. Applicant will .-;omply promptly and completely , throughout the term
of this application and agreement J with the letter and intent of Chapter 46,
Statut.es of 1950, 3rd E."CtrA. Session, a.nd S6ction 218 of the Federal Social
Security Act and applicable Federal and State regulations adopted pursuant
thereto.
30 This application and agreement includes all services performed by
each of the eligible employees of the Applicant for 'Whom coverage is requested,
eA~ept. the following:
a) Any service performed by an employee in a position, ~ni~h, on
the effective date of this agreement, is covered by a retirement system.
b) Service performed by 3-n employee who is employed to relieve
him from unemployment.
c) Service performed in a home, hospital or other institution by
a patient or an inroAte thereof.
d) Covered transportation service (as defined in Section 210(1)
cf the Social Sccuri t~r Ad, as amended), and
11 A coverag group is defined as (A) employees oL,t,he state other than those
engaged in perf mng &ervice in connection with a Polo prietar:,r f-.mction; (B)
employees of a po 'tical subdivision of a State other an those engaged in
performing service connection with a propriet.ary func ion; (C) emploJrees of a
state engaged in perf " ng service in ;::onnection vlith a 'ngle propriet.ar.r
function; or (D) emp19Y s of a polit.icaJ. subdivision of a t.at.e engaged in per-
forming service in connec . on with a single proprietary func ,'on. If under thE'
preceding sentence an emplo, e would be included in more than e coverage group
by reason of the fact that he . erforms service in c.onnection wi' two or more
proprietary functions or i.n conn ction with both a proprietary fu tion and a
rwn-proprietary function, he sh~ll e included in only one such coverag0 groupe
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e) Service (other than agricultural labor or service perfonned by a
student) which is excluded from employment by any provision of Section 210(a) of the
Social Security Act, as amended, other than paragraph S of such section.
Provided... hOl'lever, that in addition t.o the. above exceptions a s enumerated
herein, the following shall also be e.,"{cepted from the inelusion of services performed
hy employees of the Appli9ant: gj II . _ or' ; :.c:::
/- oJ.1 ~~ ~ .t,.{..~t ll-rl/ .'.' I .
,_ 011 ~ tJ. ~ t ~~:J" pi""" .\j~ ,
4. That Applicant ~dll pay to the appropriate Federal Government agency or
-to the sta.te, whichever the state shall designate, amounts equivalent to the sums of
t8xes (employer-employee contributions) imposed by Sections 1400 and 1410 of the
T.ntern~l Revenue Code with respect to all the services of each of the eligible
amployees covered by this application and agreement.
e:.
,.,.
That Applicant shall prepare and submit such wage and other reports to
t.he state or Federal Government a.s may be required from time to time by the state.
6. That the Applicant shall pay to the state any SU'IlS of money that thA
state may be obligated to payor forfeit to the Federal Government by reason of any
deli.nquen~y or default of the Applicant in paying the contributions as !'equired
herei.n when due or in making such 1>Jage reports as required pursuant. to this appl:ica-
tion and agreemer-,t.
7. That the coverage as herein provided for all 3ervicesof each of t~le
digible employees of t.he applicant shal.l be effective as of _ ~t..,l_ J 1951,
arid this agreement shall continue until termi.natedas provided herein.
zi If no exception, write i '''iOrds ception::>il. The Appil cant may elect to
except from coverage services endered by ployees in 9.ny or.e or more of the follow-
ing kinds of employment: a) an an emergency,nature, b) all services in
any class or classes of elective ~it' ns, c) all 5ervi~es in any class or classes
nf part-time positions~ d) all sar' s in any class or classes of positions the
compensatton for wluch i3 on a fe aSI and e) abTicultural labor or servic~
performed by a. student 1 if suc' work woll..I be excluded if performed for a pri va.te
eIrcplcyer. Applicant must e in above a of these exceptions it wishes to Ir.ake..
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8. That the State or the Applicanli, when approved by a majority vote
of its active covered employees, shall have the right to terminate this applica-
tion and agreement upon giving at least two years t advance notice in writing to
the other party, effective at the end of a calendar quarter specified in the
notice, provided, however, that the Application and Agreement must have been in
effect not less than five years prior to recElipt of such notice, and provided
further, that if the Federal Security Administrator should terminate the agreement
between the Federal Security Administrator and the state for the administration
by the state of Section 218 of the Social Security Act, as amended, the state
shall have the right to terminate this application and agreement in accordance
with the sanie rights and powers as the Federal Security Administrator exercises
in terminating the agreement between him and the state.
9. That, subject to the aforesaid provisions a.nd applicable law, this
application and agreement may be terminated or amended by the mutual consent of
the parties in writing.
10. After the filing of this application, its acceptance and execution
by the Director .of Finance shall constitute a binding agreeme.qt between the
Applicant and the Director of Finance with respect to the matters herein set forth.
Signed E 1 si n'~
{Official Name of Public Agency)
and B
ACCEPTED:
STATE OF CALIFORNIA
JAMES S. DEAN, Director of Finance
By
(Title)
SUBMIT IN TRIPLICATE