HomeMy Public PortalAboutResolution - 02-14- 20020522 - Deemed Retirement System RESOLUTION NO. 02-14
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ELECTING TO ESTABLISH A"DEEMED"RETIREMENT
SYSTEM PURSUANT TO SECTION 21 8(D)6)OF THE
FEDERAL SOCIAL SECURITY ACT DESIRING
"MEDICARE-ONLY" COVERAGE
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
WHEREAS,the Midpeninsula Regional Open Space District, hereinafter designated as
"Public Agency", desires to establish a"deemed"retirement system pursuant to Section
21 8(dX6)of the Federal Social Security Act composed of positions of members of the California
Public Employees' 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
Health 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 Health
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 upon receipt of authorization from the
Board of Administration a division shall be conducted in accordance with the requirements of
Section 21 8(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 or her 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 1, 1999; 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.
x b. Service performed: Board of Directors
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 Sally Thielfoldt, Administration and 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.
RF.SOLUTIOx NO.02-14
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on May 22, 2002, at a regular meeting thereof, by the following vote:
AYES: D. Lie, M. Davey, L. Ha zett, N. Hanko, J. Cyrc, K. N,c tz, P. S.LemenS
NOES: none
ABSTAIN: none
ABSENT: none
ATTEST: APPROVED:
Secrets President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
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