HomeMy WebLinkAbout1957-04-17; Municipal Water District; Resolution 56mRIEAS, a majority of the eligible employee+s for whom coverage is re-
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quested by the Carisbad-Municipal Water District, hereinafter desiwted (Official Name of Public kencs) -- "Public Agmcy", at an election or elections, voted in favor of the Public
Agency making a formal application to the Board of Administration of tbe
State Bmployees' Gtirewnt System, hersinafter called "State", for inciusion
of the said eligible employees of said Public Agency in the California State Social Security kreemsnt of March 9, 1951, poviding for the coverage of
EfilCh sligible employees under the insurance sgstem astablished by Title I1 of
the Federal Social Security Act; ad
mmAS, the Public Agency desires to file such an application with the State and to gnter into an agreem.Int with the State containing terms and con-
ditions whereby the State will take the! nqcessary stsps to extend to such elig-
ible employeos coverage urdar the said insurance system on be!half of the Pub-
lic Agency; and
WIBIREAS, an application and agrenwnt between the State and Public Agency
containing the extent of coverage and terms ad coditions for the inclusion
by the State of the said eligible smployess under the coverage of said insur-
ance systnm on behalf of the Public Agency has been prepared and submitted to
this body for considmation and action;
NOW, TBIgmFOBE, BE IT RESOLVED that said application and agreewnt, a
copy of which is attacbd hereto and by this refsrence incorporated hersin, be
executed on behalf of the Public Agency and mbmitted to the State; and
BSl IT FURTHSR RESOLVED, that for the purpose of said application and agreswnt , Pres iderrt; , P.O. Box 265, Carlsbad, California
(Tit le ) (Address of Public Agpscy)
be, and hs is, hereby designated as the Authorizd Agent of the Public Agency
and is hereby authorized and directed to exscute said application and agreement on behalf of Public Agency and to forward the sa@ to tb State for acceptance and furtbr act ion; and
B10 IT FVR'PHSR %SOLV%D, that said Authorized Agent is f+urthr?r authorized
and directqd as ths representative of the Public Agency to conduct all negotia-
tions, conclude all arrangqwnt s, submit all reports, and sign all agresmnts
and instruments which may be nqcessary to carry out the letter and inteut of
thr! aforesaid application and agreemat, in conformity with all applicable Fed-
eral and State laws, rules and regulations.
APPLICATION AND AGRBUMWT
For the purposes of this application and agreqmnt, any reference made
herein to any State or Federal statute or statutes, or regulat ions, or part
thereof, applies to all amrdments tkeroto now, heretofore, or hgqafter made.
For the purposss of this application and agrenm-nt , "Fsderal system"
means thg Old-Age and Survivors Insurance system establish4 by Tit19 I1 of the Fedsral Social Security Act, "Federal agency" means the Secretarj of Health,
IDducation, and Welfare, or tho predecassor or successor in function to such
officer, "BoardR means tha Board of Administration of the State, Pmployess' Retirernant System.
The Carlsbad Municipal zater District, a public agency as defined in %c- (Official Name of Public Am?ncs)
tion 22009(a) of the Govermnt Code added by Chapter 1441 Statutes of 1955
hersinafter callqd Applicant, in accordance with a duly adopted resolution or
ordinanco of its bgislat ive or governing body, a certifisd copy of which is
attached hereto and incorporated by refarence herein, hereby makes application to the Board, hereinaftar called State, to include all services performed by
each of the eligible employees of applicant for whom coverage is requested
herein within the coveage 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 regulat ions thersuder.
In order to carry into effect the comon goverwzltal duties uder such
statutes Applicant agrees to be bound by tb following terms and conditions in
consideration of an agrsement between the federal agency and the State, and
the State agrees to take the wc~ssary steps to &end the provisions of the
federal syatsm to cover the said employees of the Applicant:
1. Applicant hereby requests that all services of each of its eligible 7
I employees within the following covprage group(s), as dafiwd by Section 218 of tho said Social Security Act, or, if so stated, all services of all employ-
ees eligible for coverage undFr the fedsral system, be included der the fed- eral system:
(Fill in appropriate coverage group(s) from designations in (A) ad/or (B) of footnote g, using SBPPIRE PHRASE. If coverage group )B) is used, identify
the proprietary finction(s) to be included. If all employees of the Applicant are to receive coverage under the federal system sxcept tho- excluded by law or at the option of the Applicant under Paragraph 3 below, enter "All Bligible Blmployees". 1
All Bligibla Imployees
Perrnissibln designations of coverage groups for local public agencies are:
amployeas of a political subdivision of a State other than those en-
gaged in performing servicos in connect ion with a poprktary func- t ion;
Rmployeas of a political subdivision of a State engage4 in perform- ing service in cowct ion with a single proprbtary Atnction.
(A)
(B)
If an mployee would be included in more than one coverage group because he
perfoms service in connection with two or more proprietary finctions or in
connection with both a proprietary finction and a non-proprietary f'unction,
he shall be includd in only ow such coverage group.
2. Applicant will comply promptly and completely, throughout the term of
this application and agreement, with tht, letter and intent of all statutes of
the State of California, and Section 218 of the Fedsral Social Security Act,
and applicable Federal and State regulations adopted pursuant thereto.
3. This application and agreemat include8 all services performed by
each of the eligible employees of the Applicant for whom coverage is requested,
except the following:
effsctive date of this agreqmnt, is a member of a retiremnt system, (b) aer-
vice performed by an individual who is cmployed to reliavs him from unemploy-
ment, (c) service performed in a hospital, home, or other institution by a patient or inmate thereof, Id) covered transportation service (as defined in
Section 210(1) of the Social Security Act, as amended), aIvi (e) service (other
than agricultural labor or service perforwd by a student) ahich is excluded from employmc3nt by any provision of Section 210(a) of the Social Security Act, other than paragraph 7 of such section.
(a) Any service pnrformd by an omployen wfio, on the? -
Provided, however, that in addit ion to the above exceptions as enumerated
herein, the following services performed by employees of thg Applicant shall
also be excluded from coverage under the fpderal systm pursuant to Section 218(c) of the Social Security Act:
74 xc LUS IONS
classes of elsctive legislative, elective exwxtivs, or elective judicial po-
sitions; IC)
(d)
which is on a fee basis; (e) student, if such work wuld bo excluded if psrformrld for a private! employer.
c (a) Any servic3 of an emrgacy nature; (b) All services in any class or
All servicas in any Class or classes of part ti- positions;
All services in any class or class98 of positions the compensation for
Agricultural labor and service psrformed by a 1
4. That Applicant shall my to the State amounts aquivabnt to ths sums
of taxes (employer-employee cork ributions) imposed by Section 3101 and 3111
of the Internal Revenue Code with respect to remuneration for all services of
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each of the eligible employees covered oy this applicat ion and agreement.
That Applicant shall keep or CRUS^ to be kept accurate records of all remun-
eration for such services, said records to be maintained as required by Fed-
eral or State regulations, and said records shall be available for inspection or audit by the Board or its designated representative.
5. That Applicant hall prepare and submit such wage aad other reports
to the State as my be required from time to time by the State.
6. That the Applicant shall pay to the State any sums of money tht the
State may be oblimted to pay or forfeit to ths federal govtVnme& by reason of any failure of the Applicant, for any cause or reason, to pay the contri- butions, penaltiss, or interest required by the agreewnt 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 pursuant thereto. That
Applicant shall pay its proportionate &are of the State's OASI administrative
costs as determined by the State.
7. 'l!Phat the coverage as herein wovided for all services of nach of the eligible employees of the Applicant shall be effective as of Janmry, 1955,
and this agreetwnt shall continue until terminated as providpd herein.
8. That the State or the Applicant shall have tha right to terminate this application ard agreewnt upon giving at least two years' advance notice
in writing to the other party, effective at the end of a caledar quarter spsci-
fid in the notice, provided, however, that thq said application and agreomnt
must have beqn in effect not less than five years prior to receipt of such no-
tice, and provfded further, that if the federal agency should tsrminate the
agreement between the federal agoncy and the State for the administration by the: State of tho Fderal system, the State shall have the right to terminate
this application and agreewnt in accordance with the same rights and powers
as the Federal agmcy exercises in terminating the agreement between him and
c the State.
9. That, subject to the aforesaid provisions and applicable law, this ap-
plication and agreement may be terminated or amended by tb mutual consent of
the parties in writing.
(THm FOLLOWING &UCTION TO BE MAD% ONLY BY PUBLIC AWNCIES WEH Ir;BIDeIOYkXS IN
POSITIONS COVEXED BY A R3TIRBBNT SYSTdM, "i3FG SUCH WLOE3&S ARE NUL' TO BE
EXCLUDED FROEII COVgRME UKDER THE FdDBEAL SYSTm PURSUANT TO TEE TEJ88OF THIS
APPLICATION AND kGlGWi4ENT. )
10. Fhat employees in positions cover& by a retiremnt system not ex-
cluded from coverage urdo the Federal system pursuant to the terms of this
application and agree-& (shall) (shall not) continue to be covered under the
Federal system if they become eligible to be mpmbsrs of such retiresnt system
after the execution of this application and agreement, subject to all provi-
sions of Section 218 of the Social Security Act and Federal and State regula- tions adopted pursuant thereto.
11. After filing of this application, its acceptance and exscution by
the State shall constitute a binding agroemgnt between the Applicant and the
State of California with respect to the mtters herein set forth.
Signed Carlsbad Nunicipal Water District
(Official Barn .of Pub1 ic Agency1
(Title )
ACC%PTED :
STATB OF CALIFORNIA (Date 1
BOD OF BDB;IppTISi'RATIOH
STATB ENPLOYEES' RETIREMSNT SYSW
BY @.lllam E. Pagne)
EXECUP IVF: OFFICER
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I, Nax 0. Bwald, Secrstary of the Carlsbad Uunicipal Water Dis-
trict, State of California, do hereby certify the foregoing to be a
full, true, end afiect copy of Resolution Bo. 56 and attachmnt
thereto, adopted by the Board of Directors of the Carlsbad Municipal
Water District at an adjourned regular meeting held on the 11th day
of March, 1957, as the same appears of record in my office.
IN WIl"T4SS W€BRi3OF, I have hereunto set my hand affixed the Seal
of said Carlsbad Nunicipal Water District at my office thia 11th day
of March, 1957.
Secretary
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