HomeMy WebLinkAbout1958-03-04; City Council; Resolution 3575
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RESOLUTION NO. 357
A RESOLUTION OF THE CITY OF CARLSBAD ESTABLISHING
THE CITY OF CARLSBAD AS A "DEEMED" RETIREMENT SYSTEM PURSUANT TO SECTION 218 (d) (6) OF THE FEDERAL
SOCIAL SECURITY ACT.
WHEREAS, the City of Carlsbad, hereinafter designated as "Public
desires to establish a "deemed" retirement system pursuant to Agency,
Section 218 (d) (6) of the Federal Social Security Act composed of positions
of members of the State Employees' Retirement System, hereinafter designatt
as "Present Retirement System, desiring coverage, and to include services
performed by individuals employed by the Public Agency in positions covered
by said "deemed" retirement system, as members of a coverage group
established by Section 218(d) (4) of said Act, in the California State Social
Security Agreement,of March 9, 1951, providing for the coverage of public
employees under the insurance system established by Title 2 of said Act as
amended; and
WHEREAS, an election has been held among members of the
Present Rgtirement System as required by State law as a condition of estab-
lishing said System and a majority of the members voting therein voted in
favor of dividing the Present Retirement System to establish said system; and
WHEREAS, State and Federal law and regulations require, as a
condition of such coverage, that a referendum be authorized by the Board of
Administration, State Employees' Retirement System and conducted among
the eligible employees (as defined in Sec. 218 (d) (3) of the SOC. Sec, Act)
of the Public Agency in positions covered by said retirement system; and
WHEREAS, it is necessary that the "Public Agency" now designate
any services which it desires to exclude from coverage with respect to such
coverage group under said insurance system; and
WHEREAS, it is necessary for the Public Agency to set forth the
modification, if any, of the benefits and contributions under the Present
Retirement System that may result from coverage under the said insurance
system with respect to such coverage group:
NOW, THEREFORE, BE IT RESOLVED, That the Board of Administ
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tion, State Employees * Retirement System, be and hereby is requested to
authorize the foregoing division and referendum; and
BE IT FURTHER RESOLVED, That upon receipt of authorization from
the Board of Administration a referendum and division shall be conducted in
accordance with the requirements of Section 218 (d) of the Social Security Act,
and applicable State and Federal laws and regulations; that each member of
the Present Retirement System at the time of the division shall be furnished a
form to permit the member to elect whether or not his services should be
excluded from or included under the said California State Social Security
Agreement as hereinbefore provided; that such referendum shall be held on
the question of whether service in positions covered by said retirement system
should be excluded from or included under the said California State Social
Security Agreement, as hereinbefore provided, with such coverage effective
as to services performed on and after June 1, 1958; and
BE IT FURTHER RESOLVED, That the following services with respec
to said coverage group of the Public Agency shall be excluded from coverage
under said agreement: 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 Public Agency
(Check only one part):
X a. No optional exclusions desired -
b. Service performed: -
and
BE IT FURTHER RESOLVED, That with respect to the said coverage
group the benefits and contributions of the Present Retirement System shall
be modified pursuant to Resolution No. 334 of this body adopted on January 21,
1958; and
BE IT FURTHER RESOLVED, That notice of the division shall be
given not less than fifteen days prior to the date of the division; provided,
however that notice shall be given to employees becoming members of the
Present Retirement System after the date of such notice up to and including
the date of the division on the date on which they attain membership in the
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system; that not less than ninety days' notice of such referendum be given to a1
"eligible employees" as hereinabove provided; and that RALPH SCHOUNK,
Director of Finance, is hereby designated and appointed to conduct such
division and referendum on behalf of the Public Agency in accordance with law,
regulations, and this resolution, including the giving of proper notice thereof
to members of the Present Retirement System and to all such eligible employe4
and
BE IT FURTHER RESOLVED, That the certification required by
Section 598.51 of the California Administrative Code be executed with respect
to the election by the official designated by this body to conduct such election
and be forwarded with this resolution to the Board of Administration, State
Employees' Retirement System; and
BE IT FURTHER RESOLVED, That the Public Agency will pay and
reimburse the State at such time and in such amounts as may be determined
by the State the approximate cost of any and all work and services relating
to such division and referendum.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held on the 4th day of March, 1958,
by the following vote, to wit:
AYES: Mayor Castorena, Councilmen Ledgerwood, Robinson and Heltc
NOES: None
ABSENT: Councilman Bair-d.
ATTEST:
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of the City of Carlsbad, Carls bad, California
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I, MAX 0. EWALD, Clerk of the City of Carlsbad, State of California
do hereby certify the foregoing to be a full, true, and correct copy of
Resolution No. 357 adopted by the City Council of the City of Carlsbad at
the regular meeting held on the 4th day of March, 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 Carlsbad, at my office this 6th day of February, 19584
MAX 0. XWALD 7 City c1 erk
of the City of Carlsbad,
Carlsbad, California