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HomeMy WebLinkAbout61-01811 ~~ :~~~~ 1~sor~lTZON >go, 6Z 18 1 ~oARD of s~P~;RVISORs 2 COU1dTY OF BUTT, STATE OF CALIF©RNIA 'g I~SOLUTION AUTHORIZING r"` :~CUTI01~ AF~TD FILING OF APPLICATION AND AGRE.~: ~+ . T 1dI TH STATE E~R'LOYLuS ¢ P~,TIP~i'~PIT SYST~2 TO PRONTO:. COVERAG:~, UNDER OLD--AGE, SURVIVORS AND DISABILITY INSURANCE PROGRAi~i FOR f_5 POLIC~a]~fEPi POSITIONS °' `6 '.,7 j~IH?~Rr4S, a majority of the eligible employees of the County of Butte, $ hereinafter designated as 4-Public Agencytt, who are members of and in 9 policemen positions covered by the STATE EMPLOYEEST P~;;TI '~ '~ ;T SYSTEAi, at ~0 a referendum conducted iz1 accordance with the provisions of Part 4, Division { ! +11 5, of Title 2 of the California. Government Code, Section 218 of the federal ,12 Social Security Act, and reoilations promulgated by the Board of Administra- ' X13 Lion of the State ~nployeesT Retirement System, hereinafter referred to as !' ttStateTT, voted in favor of coverage under the provisions of the insurauce 'il4 '15 system established by Title II of the Federal. Social Security Act; and i X16 Wl-IER~,AS, the Public Agency desires to file an application trith the ,17 State and to enter auto an agreement with the State to extend to such '• ~' retirement system members and to otb.er eligible employees of the Public ,18 Agency in the same coverage group, as defined in Section 218{d){4) of the i Z9 Federal Social Security Act, coverage under the said insurance system on i '20 behalf of the Public Agency; and '21 i [~TMSi,^+.~15, official form t1Application and ::Agreement, Ret.-OAST 32Rtt 22 containing the terms and conditions under which the State will effect 23 such inclusion has been examined by this body: 124 NO?~7, THEP~;FOPu;, B~ IT PwSOLVLD that an Application and Agreement on 25 said oz"ficial form be executed on behalf of the Public Agency and submitted 26 to the State to provide coverage under the California State Social Security i 27 Agreement of Piareh 9, 1951, of all. services performed by employees of the 28 Applicant in policemen positions in a coverage group (as defined in 29 Section 218{d)(4) of the Social Security Act) of the State Eaeployees4 `; 30 Retirement System, except the follo~•rang: !31 ~ 32 ~.~~~ i ~1 i2 I '3 j ' '4 ','5 6 7 8 '9 10 11 12 ~: X13 14 ~ ~15 j16 i17 X18 '. ! 19 X20 '21 ', 22 '23 24 25 i 26 X27 28 29 30 X31 ;32 1, t'411 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 ATO. ~ adopted at a meeting of the Board of Supervisors the 12th day of December, 1460: NO 1XCLUSIONS Wffective date of coverage of services under said agreemennt to be: January 1, 1956; B:~ fT P'II12TI-L:R Ri;SOLL';JD, that I+. sI. Seely, Jr., County Auditor, County of Lutte, Oroville, California, be and he is hereby authorized and directed to execute said application and agreement on behalf of and as Authorized 1lgent of tl.e I't3olic Agency and to forT~ard same to the State for acceptance and further action; and B~ IT I'[JRTI•I~R ?~SOLVuII, that authority hereafter to act as Authorized Agent, aa~d so to conduct all negotiations, conclude all arra~agements, sub- mit all reports, and sib all agreements and instr~unents s~hich may be necessary to carry out the letter and intent of the aforesaid application and agreement, in conformity faith all applicable Federal and State laws, rules and regulations, is vested in the pasition of County Auditor. ,~ ~, ~, ,- ~ ;t Tlie foregoi~.~g Resolution as duly adopted and passed at a regular mcating of this Board on the = ~Y 15•, 19.6:'. ~_ upon roll call by the f olloTaing vote AxFS: Supervisors Alldredge, Pittman, Pryde, Steinegger and Chairman N0~' None ABSF~`T: None ~,, ,(A Cbazx~n of the Board of Supervisors I~P,I'~T=,TT JA?-~5, i `~`: ~4~c` .3~+~. ~1~~ F~i.F r'siYt~ vi fi~ i,~.~i;~ i fi~i;~ ;1i d ,4 .- Lutte County Clerk and ex-officio nr~sT,_.__ _~~~ ~(..~.. ~~~.~ S r Clerk of the Board of Supervisors a, ~ ~~ c . h~o c~.c ~ • ~ ,q ` n _ ~ `. ~~i.'~,~s i s~.l~ ~ O~ ,,, td f.SGk~ ~ A:~J t T'c4 .. Tj3y - ,~~ " •G# ailTii, ST.4rE C CA rCF ';~.. . ~ rC~ .. Deputy C erk L ' ' ~.~~~~ APPLICATION AATt~ AC_ ~ ~ M~~IT For the purposes of this application and agreement, any reference made b.erein to any state or Federal statute or statutes, or regulations, or part thexeof, applies to all amendments thereto notr or hereafter made. ~'or the purposes of this application and agreement, ~~'ederal System~t means the Old-Age, Survivors, and Lisability Insurance system established by Title II of the Federal Social Security Act, TTL~'ederal agency41 means the Secretary of Health, F,ducation and t+.~elfare, or successor in function to such officer, PfBoardt} means the Board of Administration of the State I~3nployeesf ?tetirement System, acting on behalf of the State of California. The County of blztte, a public agency as defined irn Section 22009 of the Gflvernment Codel~ hereinafter called applicant, hereby makes application to the Board, to execute a modification to the California State Social Security Agreement emending thereunder the Federal System to all services performed by employees of the Applicant in policemen positions in a coverage group (as defined in Section 218(d)(4) of the Social Security Act2~) of the State ~xployeesf petirement System except the following: (1} Those services mandatorily excluded from said agreement by Section '.:218, Social Security Act3~. l~ See Attachment 2~ See Attachment 3/ See Attachment i_~~'~` (2) The follos~*ing ser~riees excluded by option of the Applicant`T~. t~o~CT~T1slotvs In order to carz^,~ into effect the common governmental duties under such statutes and in consideration of the mutual promises herea.naftex made, the Applicant and tt~.e Board agree as follows: 1. The Board will execute a modification t'sa the California State Social Security Agreement to e:fttend thereunder the Federal System to the services of employees of Applicant as hereiubefore applied for. 2, Applicant will comply promptly and completely, tkiroughout the term of this application and agreement, with the letter and intent of all statutes of the State of California, and Section 218 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto. 4~ If no exclusions, write in the words e~To ~cclusions't. Applicant may elect to exclude from coverage any one or ;more of the following: (a) Any service of an emeruency nature; (b} All service in certain classes or in all classes of elective positions; (c) All service ixi certain classes or in all classes of part--brae positions;-(d} A1.1 service in certain classes or in all classes of positions the compensation for which is on a fee basis; (e) Any agricul- tural labor, if such work would be excluded if performed for a_~rivate employer; {f) Service performed by a student, if such work would be excluded if performed for a private employer. If Applicant elects any of the exclusions under (b) (c) or (d), it should be clearly indicated whether it is intended to exclude from coverage service in aI.7. classes of the positions listed, or services i_n. certain classes of the positions; as, for example: "all services in all classes of part-time positions't; tta11 services in all classes of elective positionsTt; }'all services in all classes of elective 1,e~..slatiye positions°'; gall services . in a71 classes of elective executive positionsTt. Contact the State if in doubt as to the correct designation to use. Erroneous designations will cause delay in approval. Applicant must indicate above any exclusions it wisb.es to matte. 2. c1~u 3. Applicant iri.ll pay to the State at such time or times as the State may by regulation proscribe, amounts equivalent to the sum of taxes (employer-employee contributions) which irould be imposed under the Federal. 7nsuranee Cor_tributions Act if the services of employees covered by the application and agreement constituted employment as defined i.rl such Act. Applicant shall keep or cause to be kept accurate retards of all remunera- tion for such services, said records to be maintained as required by Federal or-State regulations, and said records shall be available for inspection or audit by the Board or its designated representative. ~. Applicant ~,ri.ll prepare and submit such tirage and other reports to the State as may be required from time to time by the State. 5. Applicant wi11 pay and reimburse the State at such times as may be determined by the State: (a) Any scans 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 aald any State or Federal regulations adopted pursuant thereto. (b) In such amounts as determined by the State its proportionate share of any and aLt costs incurred by the State 3.n the administration of the federal system as it affects the public agency and its employees. (c) In sach amo~u3.ts as may be determined by the State, the approximate cost of any anal all tro~k and services relating to any referendum on coverage under the federal system held with respect to the coverage group for which coverage under the federal system is requested herein. 3. ~.~~~~ (d) Tn such amounts as may be determined by the State, the costs of any audits of the books anal records of the Applicant made by the State or its designated representatives pursuant to Section 22559 of the Government Code. 6. The coverage herein provided for shall be effective January 1, 19565, and this agreement shall continue until terminated as provided herein. ?. Applicant shall have the right to terminate, subject to approval of the federal agency, upon giving at least t~~o years advance notice in i~~riting 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 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 tri.th 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 thau 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 Federal regulations adopted pursuant thereto and rules and regulations promulgated by the State with respect to coverage under the federal system, a~~.d provided further, that if the federal agency shoelld terminate the agreement bet~~*een the federal agency and the State 5~ Applicant may request an effective date of January 1, 1956, or any date thereafter, provided services for ~,rhich coverage under the federal. system is requested as set forth in this application and agreement are included wader the terms of the'Social Security agreement between the State and the federal agency on or before December 31, 1959. 4. ~_~'~~ for the administration by the State of the federal system, the State sha7.1. have the right to terminate this application, and agreement izi accordance with the swine ribhts and powers as the federal agency exercises in terminat- ing 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 film.; 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 fort'_n. Signed COUNTY OF BIJTT~ County Auditor And By (Tit7.e ) Dated ACCEPT STATE OF CALIFOBI1T.i BOArLD OF AD~fiNTSTRATION STATE ;~~'i,0`l'^7s t ?LTIB~~+FTT SYST~Z BY i +CUTTV=:OFfIC~n Date 5• i--~_~ ATTACh~i`~TT ~~ ~-y- l~ 22009 (as amended by Chapter 1993, Statutes of 1957): 9TPublic Agency" means the state, any city, county, city and county, district, municipal or pu'olic corporation or any instrumentality thereof, and boards and committees established under Chapter i0 of Division 6 of, the Agricultural Code, Chapter 754 of Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935, as amended, the employees of which constitute one or more coverage groups, or retirement system coverage groups. 2~ Section 218(d)(4): laor the purposes of subsection (c) of this section, the following employees shall be deemed to be a separate coverage group: (A) all employees ixt positions which were covered by the same retire- ment system on the date the agreement was made applicable to such system (other than employees to whose services the agreement al- ready applied on such date); (l3) 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 auy time before such. date and to whose services the insurance system established by this title has not been extended before such date because the positions were covered by such retirement system (including employees to ~,rhose services the agreement was not applicable on such date because such services were excluded pursuant to subsection (c)(3)(C} ). 3~ The following services are mandatorily excluded: (a) service performed in a policeman4s or fireman TS position, covered by a retirement system at the time coverage is extended to the Public Agency; (b) service performed by an individual who is eamployed to relieve him from unemployment; (c) service performed in a hospital, home, or other institution by a patient or inmate thereof; (d) covered transportation service (as defined irl Section 210(1} of the Social Security Act, as amended); and (e) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision o£ Section 210(a) of the Social Security Act, other than paragraph 7 of such section. 6,