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HomeMy WebLinkAbout07-274 - Resolutions RESOLUTION NO. 07-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO REQUEST AUTHORIZATION FROM THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ("CaIPERS") TO DIVIDE THE RETIREMENT SYSTEM INTO TWO SECTIONS PURSUANT TO TITLE 2, CALIFORNIA ADMINISTRATIVE CODE, ARTICLE 3, DIVISION OF RETIREMENT SYSTEM FOR MEDICARE COVERAGE PURPOSES. WHEREAS, the City of Rancho Cucamonga, 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 Employee 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, CaIPERS; 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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the Board of Administration. CaIPERS, 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 September 1, 2008, 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 Resolution No. 07-274 Page 2 of 3 2. No optional exclusions desired by the Public Agency, and 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 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 that Michelle Yancy, Benefits Technician, 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. Please see the following page for formal adoption,certification and signatures Resolution No. 07-274 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 5`h day of December 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None V � Donald J. Kurth, .D., Mayor ATTEST: 4-k&—' Debra J. A s, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 5`h day of December 2007. Executed this 6`h day of December 2007, at Rancho Cucamonga, California. — /'-1,0 % Lt ,,,, De ra J. Ad Es,7 MC, City Clerk