HomeMy WebLinkAbout1973-04-12 - Resolution No. 73-15 SCANNED
APR
24 `t!!h
TO SOCIAL =ultra AGREEMENT EMMEN THE YOBPA LINDA
COUNTY WATER DISTRICT AND TIM STATE OF CALIFORNIA
This amendment to agreement ent executed by and between the State of California
hereinafter referred to as the State, and the Yorba Linda County Water District,
State of California, hereinafter referred to as the District:
W I T N E S S T H
WHEREAS, the parties entered into an agreement approved by the State on
February 7, 1973. providing for inclusion in the California State Social Security
Agreement eligible emloyees of the District who were members of the Northwest
National Life Insurance Company's Pension Punt
WHEREAS, it was the intent of the District to follow the procedures to
extend the Federal System to services performed by employees in positions covered
by the Retirement System pursuant to Section 218(d)(3) of the Social Security Act;
WHEREAS, it Was also the intent of the District to extend co vere gee under
the Federal System to former employees of the District who were erroneously reported
for Social Security purposes to Internal Revenue Service for the period January 1,
1969 through March 31, 1972, and to acknowledge liability for contributions due on
the wages erroneously reported to Internal Revenue Service;
WHEREAS, the District conducted a procedure whereby the Retirement System
was divided into two deemed retirement systems pursuant to Section 218(d)(6)(C) of
the Social Security Act;
WHEREAS, a majority of the eligible members of the National Life Insurance
Cxnpany voted in favor of coverage under the Federal System, satisfying the voting
requirement in Section 218(d)(3) of the Social Security Act;
WHEREAS, the parties desire to amend said agreement to correctly state
the intent of the District with respect to the coverage intended to be extended
under the Federal System to employees of the District;
THEREFORE, At ET RESOLVED: That paragraph 3 on page 1 of the afore-
said aunt between the pnerties is hereby amended effective January 1, 1969, to
reed:
The 'forte Lied. County Water- District, a public agency as defined
in Section 22009 of the Government Code, hereinafter called
applicant, hereby makes application to the Board, to execute a
modification to the California Stet* Serial Security Agreement
extending the the Federal System to all services es performed
by employees of the applicant in a coverage gro4P (as defined in
Section 218(d)(4) of the Social Security Act of the Northwest
Notional Life Insurance Company, except the following All services
in any else* or classes of elective legislative positions
BE IT leutensa IND: That paragraph 8 be renumbered as paragraph 9
and the following be added to pie 4 of the aforesaid agreement:
8. It is hereby geed that the reports and payments made pursuant to
the provisions of the Federal Durance Contributions Aet with respect to wages paid
to employees, including eseepleyees no longer in empl e:It, of the Applicant for the
period January 1, 1969 through March 31, 1912, in which the services of such employees
are covered under this application and agreement and the California State Soci 1
Security Agreement of Meath 9, 1951, between the State of California and the Department
of nth, Education, and Welfare pursuant to Seaction 218 of the Social Security
Act will be considered as having been paid pursuant to this application and agreement
and the said California State Social Security Ate. It is understood, ,
that the Applicant is not relieved of its liabilities with respect to the preparation
of air supplemeutal wage reports and payment of contributions for such periods in
the event such wags reports or contributions are necessary to conform Social Security
coverage wider the Federal System of services of the employees involved in the prior
periods to the terms of this application and agreement and the California State Social
Security giant, or, in the event any refuwl should be made of amounts paid as
Federal imserance Cantributions Act taxes When the same amount is payable under this
application and agreement agreememt and the California State Social Security Agreement.
,. ..
Except as herein pax :vied, all the terms and conditions of the aftresaid
agreement exeouted betveen the parties hereto shall remain uncha. ed and in full
force and effect, provided that this amendment to the agreement shall not take effect
eele s a modification to the California State Social Security Agreement between the
State of California and the Department of Huth# Education and Welfare, dated
ra , 1951, incorporatleg the terms of said amendment is approved e cry
of 1th., Education and Welfare.
The date of this amendmeet shall hit the date upeaVhich it is accepted by
the State.
Approved by the Yorba Linda County Water District this /02 day of
VARA =IDA COUNTY WAVE DISTRICT
Autbarizete
17-e.-1)
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AM Br '_ . %/_
to ,
Accepted on behalf of the State of California this day Of
19 .
BOARD
�eS�O Al 0 y
ii�c,yv
4
RESOIMIDN A MOOT= AUTIVIIIED AMC OF THE
IOWA LINDA (WSW WM DISTRICT TO '4 MS AN MOM TO ME
SOCIAL MIR= MI TIE SIVE C40 CALIFMNIA,
WHEREAS,, the r~ - ,may Li County an Water District the i to be the
best interest o 3i District cute en amendment to Social SecumW7
Agreosient with the State of California executed Februery 7, 1973, to correetly
state the intent of the Dietriet, effective January , 1969, to extend Social
Security coverage to positions of the District covered bythe Northwest Metional
Life to Section 210(d)(3) the Social Seccoritykiti
NOW, w 01.e, BE IT RESOLVED, That the Authorized the
Yorba Linda County Water r be, and he is hereby, authorized and directed
to execute the d amendment to the Social Security Agreement containing sUb-
stantially the terms of exhibit "A" attached- ew,t .
IT IS MOM Cilrnirtj4 That the foregoing adopted by
the Beard of Directors the Z e Cry Wet riot at a replan/
spec of the . of Directors on /�`�_ , d4V of ,,i %/ /_.
1944 ,, by the following vote:
Trms �'
AMENDMENT TO SOCIAL SECURITY AGREEMENT BETWEEN THE YORBA LINDA
COUNTY WATER DISTRICT AND THE STATE OF CALIFORNIA
This amendment to agreement executed by and between the State of California
hereinafter referred to as the State, and the Yorba Linda County Water District,
State of California, hereinafter referred to as the District:
W I T N E S S E T H
WHEREAS, the parties entered into an agreement approved by the State on
February 7, 1973, providing for inclusion in the,California State Social Security
Agreement eligible employees of the District who were members of the Northwest
National Life Insurance Company's Pension Plan;
WHEREAS, it was the intent of the District to follow, the procedures to
extend the Federal System to services performed by employees in positions covered
by the Retirement System pursuant to Section 218(d)(3) of the Social Security Act;
WHEREAS, it was also the intent of the District to extend coverage under
the Federal System to former employees of the District who were erroneously reported
for Social Security purposes to Internal Revenue Service for the period January 1,
1969 through March 31, 1972, and to acknowledge liability for contributions due on
the wages erroneously reported to Internal Revenue Service;
WHEREAS, the District conducted a procedure whereby the Retirement System
was divided into two deemed retirement systems pursuant to Section 218(d)(6)(C) of
the Social Security Act;
WHEREAS, a majority of the eligible members of the National Life Insurance
Company voted in favor of coverage under the Federal System, satisfying the voting
requirement in Section 218(d)(3) of the Social Security Act;
it 'S, the parties desire to amend said agreement to correctly state
the intent of the District with respect to the coverage intended to be extended
under the Federal System to employees of the District;
-2-
NOW THEREFORE, BE IT RESOLVED: That
� , paragraph 3 on page 1 of the afore-
said agreement between the parties is hereby amended effective January 1, 1969, to .
read:
The Yorba Linda County Water District, a public agency as defined
in Section 22009 of the Government Code, hereinafter called
applicant, hereby makes application to the Board, to execute a
modification to the California State Social Security Agreement
extending thereunder the Federal System to all services performed
by employees of the applicant in a coverage group (as. defined in
Section 218(d)(4) of the Social Security Act of the Northwest
National Life Insurance Company, except the following: All services
in any class or classes of elective legislative positions.
BE IT FURTHER RESOLVED: That paragraph 8 be renumbered as paragraph 9
and the following be added to page 4 of the aforesaid agreement;
8. It is hereby agreed that the reports and payments made pursuant to
the provisions of the Federal Insurance Contributions Act with respect to wages paid_
to employees, including employees no longer in employment, of the Applicant for the
period January 1, 1969 through March 31, 1972, in which the services of such employees
are covered under this application and agreement and the California State Social
Security Agreement of March 9, 1951, between the State of California and the Department
of Health, Education, and Welfare pursuant to Section 218 of the Social Security
Act will be considered as having been paid pursuant to this application and agreement
and the said California State Social Security Agreement. It is understood, however,
that the Applicant is not relieved of its liabilities with respect to the preparation
of any supplemental wage reports and payment of contributions for such periods in
the event such wage reports or contributions are necessary to conform Social Security
coverage under the Federal System of services of the employees involved in the prior
periods to the terms of this application and agreement and the California State Social
Security Agreement, or, in the event any refund should be made of amounts paid as
Federal Insurance Contributions Act taxes when the same amount is payable under this
application and agreement and the California State Social Security Agreement.
-3-
Except as herein amended, all`the terms and conditions of the aforesaid
agreement executed between the parties hereto shall remain unchanged and in full
force and effect, provided that this amendment to the agreement shall not take effect
unless a modification to the California State Social Security Agreement between the
State of California and the Department of Health, Education and Welfare, dated
March 9, 1951, incorporating the terms of said amendment is approved by the Secretary
of Health, Education and Welfare.
The date of this amendment shall be the date upon which it is accepted by
the State.
Approved by the Yorba Linda County Wattr District this day of
19
YORBA LINDA COUNTY WATER DISTRICT
By
(Authorized Agent)
(Title)
And By
(Title)
Accepted on behalf of the State of California this day of
�9 •
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY "
William E. Payne, Executive Officer