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HomeMy WebLinkAboutResolution No. 3777r.� E RESOLLUIOIQ NO. 3777 (To Accompany Application and Agreement) WHEREAS, a majority of the eligible employees of the City of Azusa Public hereinafter referred to as "Public Agency," who are Agency members of and in positions covered by the State to es' Retirement stem Retirement System and who voted in an election conducted in accordance with the provisions of Part 4, Division 5 of Title 2 of the California Government Code, and regulations promulgated by the Board of Administration of the State Employees' Retirement System, hereinafter referred to as "State," voted in'favor of a division of such retirement system for the purposes of coverage under the provisions of the insurance system established by Title II of the Federal Social Security Act; and WHEREAS, a division of the said retirement system has been conducted in accordance with Federal and.State Laws and State regulations for the purposes of coverage under the said insurance system and a deemed retirement system, hereinafter referred to as 1 State & ' Retirement System System has been established thereby as provided in Section 218(d)(6) of the Federal Social Security Act, composed of positions of members of such retirement system who desire coverage under the said insurance system; and WHEREAS, the Public Agency desires to file an application with the State and to enter into an agreement with the State to extend to services performed by individuals as employees of the Public Agency as members of a coverage group, as defined in Section 218(d)(4) of the Federal Social Security Act, df the said (Group Bjj?!x r StateE1n loyees' Retirement System , coverage under the said insurance Retirement System system on behalf of the Public Agency; and Ret.-OASI 33D(1-58) Resolution (Division Coverage Group) • - 2 WHEREAS, official form "Application and Agreement Ret.-OASI 32D" containing the terms and conditions under which the State will effect such inclusion has been examined by this body: NOW, THEREFORE, BE IT RESOLVED, That said Application and Agreement on said official form be executed on behalf of the Public Agency and submitted to the State to provide coverage under the California State Social Security Agreement of March 9, 1951, of all services performed by individuals as employees of the Public Agency as members of a coverage group (as defined in Section 218(d)(4) of the Social Security Act) of the said `Group BJ( odx) State Enployees' Retirement Svstem tem except the following: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Applicant as indicated in Resolution No. 3727 adopted at a meeting of the City Council the 17th day of February , 19 58 : No Exclusions Effective date of coverage of services under said agreement to be: January 1, 19 56 ; and Ret.-OASI 33D (1-58) BE IT FURTHER RESOLVED, That James Miller , Name City Clerk City of Azusa Title of Position Address of Public Agency be and he is hereby authorized and directed to execute said Application and Agreement on behalf of and as Authorized Agent of the Public Agency and to forward same to the State for acceptance and further action; and BE IT FURTHER RESOLVED, That authority hereafter to act as Authorized Agent, and so to conduct all negotiations, conclude all arrangements, submit all reports, and sign all agreements and instruments which may be necessary to carry out the letter and intent of the aforesaid application and agreement, in conformity with all applicable Federal and State laws, rules and regulations, is vested in the position of City Clerk Title of Position Adopted and approved this 7th day of July , 1958. SUBMIT IN DUPLICATE Ret.-OASI 33D (1-58) y 17 .Tampa Miller , Clerk/5=ico baM of the City of A .0 wl State of California, do hereby certify the foregoing to be a full, true, and correct copy of Resolution No. 3777 adopted by the City_ Council of the nits of Azusa# California at the regular/3¢ae¢=meeting held on the nth day of duly 1958 , 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 Azusa , at my office this 7th day of July , 1958 // Clerk $Q[04'�F7Cd4�j7� SUBMIT IN DUPLICATE Ret. OASI 33C Rev. 1 (7-57) 200 Certification RETURN TO: OASI SECTION STATE EMPLOYEES' RETIREMENT SYSTEM 1227 - 0 Street Sacramento 14, California APPLICATION AND AGREEMENT 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. w=Z a 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 thereunder 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 Ac 2/) of the Group B $E9t86� Retirement rbuT3IIE a deemed retirement system established System by division of a retirement system pursuant to Section 218(d)(6) 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) Application Agreement (Division Coverage Group) - 2 - 0 (1) Those services mandatorily excluded from said agreement by Section 218, Social Security Acta/. (2) The following services excluded by option of the Applicant pursuant to Resolution No. 3727 adopted on bbby'MT 17 19w: 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 2L8 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 32D (2-58) • -3- • 4. Applicant will prepare and submit such wage and other reports to the State as may be required from time to time by the State. 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 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 Land 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 Z4MVW l , 1956, and this agreement shall continue until terminated 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 writing 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 application and agreement, either in its Ret. CAST 32D (2-58) entirety or with respect to any coverage group, as defined in Section 218(b)(5) of the Social Security Act, of the Applicant, but only if the agreement between the State and the 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 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 State 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 the 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 between the Applicant and the State of California with respect to the matters herein set forth. ACCEPTED: STATE OF CALIFORNIA BOARD OF ADMINISTRATION STATE EMPLOYEES' RETIREMENT SYSTEM BY Executive Officer Ret. OASI 32D (2-58) Signed City of Azusa kOfficial Name of Public Agency) By �tcz �,, �, i�, City Clerk j Authorized Agent And By, . (Title) (Date) July 7, 1958 (SUBMIT IN DUPLICATE) Ilk -5- 1"u" -FACE 1� 22009 (as amndsd by Chapter 1993, Statutes of 1957) "Public Agency" means the state, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, and boards and committees established under Chapter 10 of Division 6 of the Agricultural Code, Chapter 754 of Statutes of 1933, as amended, or Chapter 307 of the Statutes pf 1935) as amended, the employees of which constitute one or more coverage groups, or retire- ment system coverage groups. V Section 218(d)(4): For the purposes of subsection (c) of this section, the following employees shall be deemed to be a separate coverage group: (A) all employees in positions which were covered by the same retirement system on the date the agreement was made applicable to such system (other than employees to whose services the agreement already applied on such date); (B) all employees in positions which became covered by such system at any time after such date; and (C) all employees in positions which were covered by such system at any time before such date and to whose cervices the insurance system established by this title has not been extended before such date because the positions were covered by such retirement. syste-i Eincluding employees to whose ser- vices the egre,=iont was, not applicable on such date because such services were excluc'ed purar:ant to subsection (c) (3) (C)a• are -mandatorily excluded: (a) service performed in a policeman's or fireman's position, covered by a retirement system at the time coverage is extended to the Public Agency; (b) service perfomed by on individual who is employed to relieve him from une^pl.oyrent; (c) service performed in a hospital, here, or other institution by a patient or inmate thereof; (d) covered ',transportation service (as defined in Sectlon,210(1) of the, Social Security Act, as a._ niod, ) an(, (e) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of Section 21.0(a) of the Social Security Act., otho-" than -paragraph 7 of such aectioh. 'Ret.� 32D--Attaarment (2-58)