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RESOLUTION NO. 15 - 2008
AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN APPLICATION AND
AGREEMENT WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM RELATING TO MEDICARE-ONLY COVERAGE
WHEREAS, a division of the Town of Danville's Money Purchase Pension Plan and Trust
Agreement Retirement System with respect to eligible employees of the Town of Danville,
hereinafter referred to as "Public Agency," who are members of and in positions covered
by said retirement system, has been conducted in accordance with Federal and State Laws
and State regulations for the purposes of coverage under the insurance system established
by the Federal Social Security Act and a deemed retirement system, hereinafter referred to
as Group B of the Town of Danville's Money Purchase Pension Plan and Trust Agreement
Retirement System, has been established thereby as provided in Section 218(d)(6) of the
Federal Social Security Act, composed of positions of members of such retirement system
who desire coverage under the Health Insurance system established by the Federal Social
Security Act; and
WHEREAS, the Public Agency desires to file an application with the State and to enter into
an agreement with the State to extend coverage under the said insurance system on behalf
of the Public Agency to services performed by individuals as employees of the Public
Agency as members of a coverage group, as defined in Section 218(d)(4) of the Federal
Social Security Act, of the said Group B of the Town of Danville's Money Purchase Pension
Plan and Trust Agreement Retirement System; and- .
WHEREAS, official form" Application and Agreement, PERS-MED-32D" containing the
terms and conditions under which the State will effect such inclusion has been examined by
this body; now, therefore, be it
RESOLVED, that said Application and Agreement on said official form to be executed on
behalf of the Public Agency and submitted to the State to provide coverage under the
California State Social Security Agreement of March 9,1951, of all services performed by
individuals as employees of the Public Agency as members of a coverage group (as defined
in Section 218(d)(4) of the Social Security Act) of said Group B of the Town of Danville's
Money Purchase Pension Plan and Trust Agreement Retirement System, except the
following:
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 Applicant as indicated in Resolution
No. 11-2007 adopted at a meeting of the Town Council the 20th day of
February, 2007:
None
Effective date of coverage of services under said agreement to be January 1, 2007; and,
be it further
RESOLVED, that Mr. Robert B. Ewing, City Attorney, 510 La Gonda Way, Danville, CA
94526, is hereby authorized and directed to execute said Application and Agreement on
behalf of and as Authorized Agent of the Public Agency and to forward same to the State
for acceptance and further action; and, be it further
RESOLVED, that authority hereafter to act as Authorized Agent, and so to conduct all
negotiations, conclude all arrangements, submit all reports, and sign all agreements and
instruments which may be necessary to carry out the letter and intent of the aforesaid
application and agreement, in conformity with all applicable Federal and State laws,
rules and regulations, is vested in the position of City Attorney.
APPROVED by the Danville Town Council at a regular meeting on February 19, 2008, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Andersen, Arnerich, Doyle, Shimansky, Stepper
None
None
None
(lJa~
MAYOR
CITY ATTORNEY
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APPROVED AS TO FORM:
PAGE 2 OF RESOLUTION NO. 15-2008