HomeMy WebLinkAboutResolution 2015-040 N.C.S. 04/06/2015Resolution No. 2015-040 N.C.S.
of the City of Petaluma, California
Resolution Requesting Authority from the California Public Employees' Retirement System
(CALPERS) to Conduct a Medicare Division Election in Accordance with the Requirements
of Section 218(d) of the Social Security Act, and Applicable State and Federal Laws and
Regulations to Determine which Employees Hired on or before March 31, 1986, Desire to
Contribute to the Medicare System
WHEREAS, City of Petaluma
(Official Name of Public Agency)
hereinafter designated as "Public Agency", desires to establish a "deemed" retirement
system pursuant to Section 218(d)(6) of the Federal Social Security Act composed of
positions of members of the California Public Employees Retirement System
(Retirement System)
Retirement System, hereinafter designated "Present Retirement System", desiring
"Medicare -Only" 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 said Act as amended;
and
WHEREAS, State and Federal law and regulations require, as a condition of
such coverage, that a division be authorized by the Board of Administration, California
Public Employees' 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
Resolution No. 2015040 N.C.S. Page I
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 Administration,
California Public Employees' Retirement System, be and hereby is requested to
authorize the foregoing division; and
BE IT FURTHER RESOLVED, that upon receipt of authorization from the Board
of Administration a 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 eligible 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; with such "Medicare -Only" coverage
effective as to services performed on and after April 6, 2010 ; and
BE IT FURTHER RESOLVED, that the following services with respect 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:
a. No optional exclusions desired.
b. Service performed:
BE IT FURTHER RESOLVED, that with respect to the said coverage group the
benefits and contributions of the Present Retirement System shall not be modified in
any way; and
Resolution No. 2015040 N.C.S. Page 2
BE IT FURTHER RESOLVED, that notice of the division shall be given to
members of the Present System not less than ninety 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 system, and
City Manager, John Brown
that
(Name and Title of Local Official)
is hereby designated and appointed to conduct such division on behalf of the Public
Agency in accordance with law, regulations, and this resolution, including the fixing of
the date and the giving of proper notice thereof to members of the Present Retirement
System and to all such eligible employees; 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.
,. »R ,
Presiding Officer
City of Petaluma
Official Name of Public Agency
Resolution No. 2015040 N.C.S. Page 3
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 6`h day of April,
2015, by the following vote:
Albertson, Barrett, Mayor Glass, Healy, Kearney, and King
None
Vice Mayor Miller
None
Acting City CIA
r
Mayor
Resolution No. 2015040 N.C.S.
Approved as to
form:
City Attorney
Page 4