HomeMy WebLinkAboutCC Resolution 3677RESOLUTION NO. 3677
(Requesting termination of the Social Security (Old -Age)
Survivors, Disability, and Health Insurance) Agreement between the
City of San Rafael and the State of California)
WHEREAS, the City of San Rafael , hereinafter referred to as "Public
Agency", and the State of California entered into an agreement on
March 5th , 19_5l , providing for the inclusion of the
services of eligible employees of the Public Agency in the California
State Social Security Agreement of March 9, 1951, pursuant to the pro-
visions of Section 218 of the Social Security Act; and
WHEREAS, coverage of such services under the said agreement between the Public
Agency and the State of California has been in effect for not less than
five years from the effective date of coverage specified in said agree-
ment, as required by law for termination of coverage; and
WHEREAS, it is understood that if the said agreement between the Public Agency
and the State of California, and the California State Social Security
Agreement with respect to the Public Agency, are terminated, the Public
Agency may not again enter into an agreement with the State to provide
for inclusion of the services of its employees in the California State
Social Security Agreement; Now, therefore, be it
RESOLVED, That the
City of San Rafael , find and it hereby finds that
it is in the best interest of the Public Agency to terminate said agree -
went with respect to all coverage groups thereof; and be it further
RESOLVED, That the Authorized Agent of the Public Agency be, and he is hereby
authorized and directed to notify the Board of Administration of the
Public Employees' Retirement System of termination of the agreement of
March 5th , 19 51 J. between the Public Agency and the
State of California, as required by law, effective
19 70 ; and be it further
September 30th
Ret. SS 64 Rev. 4 (268) TERMINATION RESOLUTION 50 COPY
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RESOLVED, That the said Board of Administration be, and it is hereby, requested tq
take such action as is required to effect termination of the Californie
State Social Security Agreement of March 9, 1951, with respect to ab
coverage groups of the Public Agency, effective September 30^, 9 70 ;
and be it further
PtiSOLVED, That the Authorized Agent of the Public Agency be and he is hereby
directed to forward to the Board of Administration a certified copy of
this Resolution.
IT IS HEREBY CERTIFIED That the foregoing Resolution was duly introduced and
regularly adopted at a regular/speeial meeting of the Citv Council
of the City of San Rafael held on the
5th any of Au<just, 19 68 , by the following
vot:
AYES COUNCILMEN: Barbier, Jensen and Miskimen, Acting Mayor, Louis H. Baar
NOLS COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
BY
W. CL FFORD CORNWELL
TITLE ITY CLERK
Ret. SS 64 Rev. 4 (2/68)
I
a Article 7, Termination Procedures for Local Public Agencies
599.50 Adoption of Resolution or Ordinance. Any public agency, as defined in
Section 22009 of the Government Code, except the State of California, the
University of California, or a school district, desiring to terminate
coverage of services of its employees under the Federal system, shall
first adopt a resolution or ordinance to do so.
599.51 Provisions of Termination Resolution or Ordinance. The resolution
or ordinance adopted pursuant to Section 599.50 shall (a) state the
intent of the agency to terminate coverage of its employees under the
Federal system, (b) state whether coverage is to be terminated with
respect to all coverage groups of the agency, or with respect to a
specific coverage group or coverage groups named therein, (c) state
the effective date of termination of coverage desired, (d) state that
the agency understands that it may not again obtain coverage under the
Federal system of services to which termination of coverage is appli-
cable, and (e) authorize and direct that notice of termination be given
to the Board in writing by an individual named therein, and that a
certified copy of the resolution or ordinance be filed with the Board
with such written notice of termination. Such notice must be filed
in the office of the Board no later than 10 days before the end of
the calendar quarter ending two years prior to the effective date of
termination requested by the agency.
599.52 Notification of Federal Government, Upon receipt of the written
notice of termination and certified copy of a resolution or ordinance
adopted pursuant to Section. 599,50 from a public agency containing the
required information, the Executive Officer shall give the two year
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ss'��/4 -'8
advance notice in writing to the Secretary of Health, Education and
Welfare as provided for in Section 218(8) (1) of the Social Security
Act with respect to services to be terminated as specified by the
public agency.
599.53 Cancellation of Termination Procedures. The governing body of any
public agency having filed notice of termination of coverage with the
Board pursuant to this article, may request that termination procedures
be cancelled. Such cancellation request must be in writing and must
be received in the office of the Board in sufficient time to permit
withdrawal of the State's notice of termination filed with the Secretary
of Health, Education and Welfare prior to the effective date of such
termination.
599.54 Audit of Records of Terminating Agency. Following receipt of a
notice of termination from a public agency, an audit shall be
performed of the books and records to the extent permitted under
Section 22558 of the Government Code. An audit charge shall be
made to recover the costs of such audit. Such charge shall include
all related direct, indirect and overhead cost items as established
by the Board in its assessment schedule for recovery of the State's
administrative costs with respect to the Social Security program for
California public agencies,
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STATE OF CALIFORNIA
SOCIAL SECURITY PROGRAM FOR CALIFORNIA PUBLIC AGENCIES
PROCEDURES FOR AGENCIES VOLUNTARILY WITHDRAWING FROM SOCIAL SECURITY PROGRAM
(These procedures are based on Section 218(8) of the Federal Social Security Act,
Section 22310 of the California Government Code and related regulations. School
districts and agencies under Social Security coverage less than 5 years are not
eligible to request termination.)
1. The governing body must formally adopt a resolution or ordinance setting out the
request of the agency to terminate its Agreement for Social Security coverage. (See
Form SS 64 for suggested format.)
2. The resolution or ordinance should:
a. State the request of the agency to terminate coverage.
b. State the effective date of termination desired. The effective date:
(1) Must be the last day of a calendar quarter (i.e., March 31, June 30,
September 30, or December 31) and
(2) Must be no earlier than 2 years after State notification to the Federal
government has been accepted by the Federal government. (Allow 30 days
after the date it is expected the resolution will be sent to the State 4 -
for
for Federal acceptance.)
c. State that the governing body understands that the agency may not again enter
into an agreement to cover its employees under the Social Security program,
after termination becomes effective.
d. Authorize and direct its Authorized Agent to make the request for termination.
3. The Authorized Agent for the agency should immediately send a certified copy of the
adopted resolution or ordinance to the Social Security Division, Public Employees'
Retirement System.
4. The Social Security Division will notify the agency of the approved effective date
of termination when the Federal government has acknowledged the notice and accepted
the requested date of termination.
5. The agency will continue to report wages paid for services performed up to the effect-
ive date of termination.
6. The agency may, upon formal request to the State, ask that the termination request be
revoked. The revocation request must be in writing and must be received by the State
prior to the termination date and in sufficient time to notify the Federal government.
7. Prior to the termination date, the Social Security Division will audit the payroll and
disbursement records of the agency. These records must be maintained and be available
until the audit has been completed and for four years after termination becomes
effective.
The cost of the audit grill be a charge to the agency in accordance with the schedule
for recovery of administrative costs adopted by the Board of Administration of the
Public Employees' Retirement System.
8. Once coverage is terminated, the agency may not again enter into an agreement for
coverage of any of its employees.
9. All questions regarding these procedures should be addressed to: SOCIAL
SECURITY
Iornis
DIVISION, Public Employees Retirement System, o P. 0. Box 1953, i
95809
Ret. SS 37B Rev. 2 (168) TERMINATION PROCEDURES 50