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HomeMy WebLinkAbout1958-03-04; City Council; Resolution 3575 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e 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 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 2e 29 30 31 32 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 -2 - .. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: / -3 - of the City of Carlsbad, Carls bad, California 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a 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