HomeMy WebLinkAbout1978-12-19; City Council; 5692; Intention to Withdraw from Social Security Programjq
CITY OF CARLSBAD
AGENDA BILL NO. _:r& U Initial:
DATE: December 19,1978 Dept.Hd.
C. Atty.
DEPARTMENT: PERSONNEL C. Mgr.
4—
Subject:
RESOLUTION_ OF INTENTION TO WITHDRAW FROM THE SOCIAL SECURITY
Statement of the' Matter
Attached is a Resolution of Intention requesting termination of
the City's Social Security Agreement. The resolution format
and content is prescribed by the Public Employees' Retirement
System, the City's Social Security Administrative agency.
If the +City Council adopts this resolution the City could terminate
its Social Security Agreement two years from now, December 31, 1980.
The importance of the resolution is that it starts the tiiUng of
the two year withdrawl period.
If the City Council fails to adopt this resolution the City would,
have to wait another year -to start the two year withdrawl period.
The earliest date the -City could terminate its Social Security
Agreement would be December 31, 1981.
During the two year period the City can at any time stop action
to -terminate the agreement. Staff recommends this resolution be
adopted. This does not constitute a recommendation to terinindte,
the agreement only a •recommendation to start the procedure:
4 Subsequent investigations and evaluations as to the desirability.
of terminating the agreement will result in additional staff
recommendations. An integral part.. of `future investigations and
evaluations will involve consideratGan of the desires of,City
employees presently covered by the agreement.
Attachment
Exhibit A, Resolution No. �S-G3le
Exhibit B, Procedure for Voluntary Withdrawl from Social
Security Prograd.
Council Action:
12-19-78 Council adopted Resolution 5636, requesting termination of the
Social Security Agreement between the City of Carlsbad and
the State of California. '
STATE OF CALIFORNIA
SOCIAL SECURITY PROMWI FOR CALIFORNIA PUBLIC AGENCIES
PROCEDURES FOR VOLUNTARY WITHDRAWAL FROM SOCIAL SECURITY PROGRA14
Agencies must be under Social Security coverage five years to be eligible to request
termination.
1. Governing body must adopt a resolution; the resolution (Form SSD 64) shallinclude:
a. The request of the agency to terminate Social Security coverage
b. The effective date of termination desired which must be
(1) Last day of a calendar year, two years from year in which Resolution is filed.
(2) No earlier, than two years after the Federal Government accepts
State notification. (Allow 30 days after resolution will be
sent to State for Federal acceptance.)
c. A statement 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. An authorization for an individual to send notice of termination in writing to the
Board of Administration, Public Employees' Retirement -System.
2. Authorized Agent for the agency immediately sends certified copy of the adopted ,resolu-
tion and notice to terminate to the Social Security Division, Publi.c'Employees' Retire-
ment System. If no acknowledgement is received from the State
within 3 weeks , please contact the Social Security Division.
3. Social Security Division notifies agency of the approved effective date of terminations
when the Federal Government has acknowledged the notice and accepted the requested date
of termination.
4. The agency must report wages earned through effective date of termination.
5. 'Shortly after the request for termination is received, and again 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 available for four years after termination
becomes effective.
The cost of the audits will 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.
6. The agency may, upon formal written request to the State, ask that the termination request
be revoked. The revocation request must be received by the State prior to the termina-
tion date and in sufficient time to notify the Federal Government.
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7. Once coverage is terminated, the agency may not again enter into an agreement for cover-
age of any of its employees. }
8. All questions regarding these procedures should be addressed to: SOCIAL SECURITY DIVISION,
Public Employees' Retirement System, P. 0. Box 1953, Sacramento, CA 95809. 9167445-5651.
PERS DO SSD 37B (V78) TERMINATION PROCEDURES
RESOLUTION NC. 5636
(Requesting termination of the Social Security (Old --Age,
Survivors, Disability, and Health Insurance) Agreement between the
City of Carlsbad and the State of California)
WHEREAS, the City of Carlsbad __, hereinafter
referred to as "Public Agency", and the State of California entered into an
agreement on ffioyember 3 19 58 _,, providing for the inclusion of the
services of eligible employees of the Public Agency in the California State
Social Security Agreement of ISarch 9, 1951, pursuant to -the provisions of
Section 23.8 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 agreement, as required
by lacy for termination of coverage; and
WHEREAS, it is understood that if the said agreement between the Public A;seney 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
4 enter into an agreement with the State to provide for inclusion.of the services
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1 of -its employees in the California State Social Security Agreement; Now, there—
fore, be it
RESOLVED, That the City Council find and it hereby finds that it is in
the best interest of the Public Agency to terminate said agreement with respect
to all coverage groups thereof; and be it further
RESOLVED, That p F be, and is hereby authorized and
Name (Position)
directed to notify the Board of Administration of the Public Employees, Retire-
ment System of termination of the agreement of tiovember 3
between the Public Agency and the State of California, as required by law,
effective December 31 , 1921 and be it further
_ •
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RESOLVED, That the said Board of Administration be, and it is hereby, requested to
take such action as is required to effect termination of the California
State Social Security Agreement of March 9. 1951, with respect to all -
coverage groups of the Public Agency, effective December �1 , 19 1 ;
and be it further
RESOLVED, That the Authorized Agent of the Public Agency be and is hereby
directed to forward to the Board of Administration a certified,copy of
this Resolution.
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IT IS HEREBY CERTIFIED That the foregoing Resolution was duly introduced and
regularly adopted at a regularhWPHYA meeting of the -City Cou=ij.of the City of Carlsbad Ca, i for i a held, on the
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19th day of Decgmbgr - . 1921_.,•, by the following
vote;
AYES
• HOES_
BY
ALET11A L. RAUTENKRA�2'•� _
TITLE City Clerk
PERS-SSD-64 Rev. 4 (2/75) '
BOARD OF ADMINISTRATION ,
pUBLIC EMKOYEES' RETIRmfEflT SYSTEM .
P. 0. BOX 1953
SAORAHMO, CALIFORNIA 95809
You are hereby notified the Cit of Cd PUB aI AGENCY
xill terminate its Social Security Agreement effective December 31 i
Enclosed is a certified copy of Resolution Number 5636
adopted by the governing body on December 19, 1978
Signature PAUL D. Y3USSEY, City Manager
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