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RESOLUTION NO. 11-2007
REQUESTING THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM TO CONDUCT A DIVISION OF RETIREMENT SERVICES FOR
MEDICARE-ONLY COVERAGE
WHEREAS, the Town of Danville, 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 Town of
Danville's Money Purchase Pension Plan and Trust.Agreement 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
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 January I, 2007; 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. No optional exclusions are desired.
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
Denise Phoenix, Human Resources Manager, 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.
PAGE 2 OF RESOLUTION NO. 11-2007
APPROVED by the Danville Town Council at a regular meeting on February 20,
2007 by the following vote:
AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
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MAYOR - ~
APPROVED AS TO FORM:
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CITY ATTORNEY I
PAGE 3 OF RESOLUTION NO. 11-2007