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1963/08/05 City Council Resolution 106SAS, the City of mart lriirk has entered into eum went with the State of Califon , acting for and an behalf at the Deft of Health, Education, and 'Weifa , so as to provide federal social security coves for employees of the City] and WMWAS, said agreement excludes therefrom alb. services in the class of part-time positions; and WS, it is necessary that a. def - aition of "per -tiler position" be adopted for the proper enforcement of this t: = IT RESOLMLO that the definition of "part -time positions' for the use set forth above is as follows, to vIt: "A position ordinarily requiring not more the =hours of service by an employee in each___., PASSM AND ADOPM this day of 3 , by the following vote TIUM • w • • • w w • w • • • r • • • .► • w 10 w w i • w r • • • w • = w w • • w • • • • w • w ipj 41 regularly +adopted at a wing of the City Cowell of tie City of PDhnert Park held on the day of 19 . Titlef� EE61LJ i TG: OASDI DIVISION STATE EMPLOYEES' RETIREMENT SYSTEM P. Q. Box 1953 Sacramento .9-, 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, heretofore, or hereafter made. For the purposes of this application and agreement, "Federal system" means the 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 the predecessor or successor in function to such officer, "Board" means the Board of Administration of the State Employees' Retirement System. The City or FAftnort PU* , a public Official Name of Public Agency agency as defined in Section 22009 of the Government Code Y hereinafter called Applicant, in 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 Board, 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 Federal system in conformity with Section 218 of the Social Security Act and statutes of the State of California, and applicable Federal and State regulations thereunder. 1 22009 (a) "Public Agency" means the state, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 10 of Division 6 -f 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. Ret- -OASDI 32A. Rev. 9 •(6/62) Application — Agreement (Other than Retirement System Members) - 2 - In order to carry into effect the common governmental duties under such statutes Applicant agrees to be bound by the following terms and conditions in consideration of an agreement between the Federal agency and the State, and the State agrees to take the necessary steps to extend the provisions of the Federal system to cover the said employees of the Applicant: 1. Applicant hereby requests that all services of each of its eligible employees within the following coverage group(s), as defined by Section 218 of said Social Security Act, or, if so stated, all services of all employees eligible for coverage under the Federal system, be included under the Federal system: (Fill in appropriate coverage groups) from designations in (A) and /or (B) of footnote -? /, using ENTIRE PHRASE. If coverage group (B) is used, identify the proprietary function(s) to be included. If all employees of the Applicant are to receive coverage under the. Federal system except those excluded. X law or at the option of the Applicant under Parma 3 below, enter "All Eligible Employees. ") All U ig' b le mlcrjee::; : 2/ _ Peradas.ible designations of coverage groups for local public agencies are: (A) Employees of a political subdivision of a State other than those engaged in perfarming services in connection with a proprietary function; (B) Employees of a political subdivision of a State engaged in performing service in connection with a single proprietary functiea. If an employee would be included in more than one coverage group because he performs service in connection with two or more proprietary functions or in Gonneetion with both a proprietary fuaetioa and a nonproprietary function, he shall be included in only one such coverage group* Ret. -OASDI 32A Rev. 9 (616�) - 3 - 2. Applicant will comply promptly and completely, throughout 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. 3. This application and agreement includes all services performed by each of the eligible employees of the Applicant for whom coverage is requested, except the following: (a) Any service performed by an employee who, on the effective date of this agreement, is a member of a retirement system, (b) service performed by an individual who is employed to relieve him from unemployment, (c) service performed in a hospital, home, or other institu- tion by a patient or inmate thereof, (d) covered transportation service (as defined in Section 210(k) of the Social Security Act, as amended), and (e) service (other than agricul- tural labor or service performed by a student) which is excluded from employment by any provision of Section 210(a) of the Social Security Act, other than paragraph 7 of such section. Provided, however, that in addition to the above exceptions as enumerated herein, the following services performed by employees of the Applicant shall also be excluded from coverage under the Federal system pursuant to Section 218(c) of the Social Security Act:3� AM# sarice of an ssargsncy nat AU service in any elass or alsons at motive legislative a'or elective Judicial positiooal c Ail semis la eery s Or CUMM Ot past -tUW itions$ d Ate. serve to MW clam or 029� Of pvsitf COS the compauWUan for which is an a fSO basds j (e) lypIm t l labor it am* cork d be e=lU" it Mftnwd !br a private firs (f) Service performed by a IICtMAWt S9 mch work eased. U M 3� if pater ed 9br a privWn aqaMW• If no exclusions, write in the words "No E7ualusions._" The Applicant may elect to exclude from coverage services performed by employees in any one or more of the following classes: (a) Any service of an emergency nature; (b) All services in any class or classes of elective legislative, elective executive, and/or elective judicial positions; (c) All services in any class or classes of part —time positions; (d) All services in any class or classes of positionsthe compensation for which is on a fee basis; (e) Agrioultural labor if suoh'work would be excluded if performed for a private enpl,r; (f) Service performed by a student if such work would be excluded if performed for a private em layer. Applicant must fill in above any of these exclusions it wishes to make. Use entire phrase desi — nating such ex+oluszon. Exclusions indicated must agree with items on Resolution Form OASI 33A. Ret. -OASDI 32A Rev. 9 (6/62) - 4 - 4. That applicant shall pay to the State amounts equivalent to the stuns of taxes (employer- employee contributions) imposed by Section 1400 and 1+10 of the Internal Revenue code with respect toy remuneration for all services of each of the eligible employees covered by this application and agreement. That 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 regulations, and said records shall be available for inspection or audit by the Board or its designated rep."'esentative. 5• That Applicant shall prepare and submit such wage and other reports to the State as may be required from time to time by the State. 6. That the Applicant shall pay to the State 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 re- qured by the agreement between the Federal agency and the State at such time or in such amounts as required by the said agreement and any State or Federal regulations adopted pur- suant thereto. That applicant shall pay its proportionate share of the State's OASDI administrative costs as determined by the State. 7. That the coverage as herein provided for all services of each of the eligible em- ployees of the applicant shall be effective as of October , 19 =� and this agreement shall continue until terminated as provided herein. 8. That the State or the Applicant shall have the right to terminate this applica- tion and agreement upon giving at least two years' advance notice in writing to the other party, effective at the end of a calendar quarter specified in the notice; provided, however, that the said application and agreement must have been in effect not less than five years prior to receipt of such notice, and provided further, that if the Federal agency should terminate the agreement between the Federal agency and the State for the VPublic agencies included in the agreement between the State and the Federal agency on or before December 31, 1962, may request an effective date of coverage of January 1, 1957, or any date thereafter. During 1963, January 1, 1958 is the earliest possible beginning date. Ret. OASDI 32A Rev. 9 (6162) - 5 - administration by the State of the Federal system, the State shall have the right to termi- nate 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. 9. 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. (THE FOLLOWING ELECTION TO BE MADE ONLY BY PUBLIC AGENCIES WITH EMPLOYEES IN POSITIONS COVERED BY A RETIREMENT SYSTEM, WHERE SUCH EMPLOYEES ARE NOT TO BE- EY,CLUDED FRCM COVERAGE UNDER THE FEDERAL SYSTEM PURSUANT TO THE TERMS OF THIS APPLICATION AND AGREEMENT:) 10. That employees in positions covered by a retirement system not excluded from coverage under the Federal system pursuant to the terms of this application and agreement (shall)(shall not) continue to be covered under the Federal system if they become eligible to be members of such retirement system after the execution of this application and agree- ment, subject to all provisions of Section 218 of the Social Security Act and Federal and State regulations adopted pursuant thereto. 11. After the filing of this application, its acceptance and execution by the State shall constitute a binding agreement between the Applicant and the State of California with respect to the matters herein set forth. ACCE=. STATE OF CALIFORITIA BOARD OF ADMINISTRATION STATE EMPLOYEES' RETIREMENT SYSTEM BY ='CU-17IVE OFFICER Ret.- -OASDI 32A Rev. 9 (662) Signed City (Officifal Name,`of Public Agency) By s 'tf �r = `• . (A�ut�h/o i zed Agent And By (Title) N z.__ -z , (Date)cy- (SUBMIT IN DUPLICATE)