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HomeMy WebLinkAboutOrdinance 988 ORDINANCE N0 . AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY CLERK OF THE CITY OF FAYETTEVILLE , ARKANSAS TO ENTER INTO A CO'2ACT ;LITH THE STATE AGENCY TO EXTEM SOCIAL SECURITY COVERAGE TO THE OFFICERS AND E;:a'LOYEES OF' THE CITY OF FAYETTEVILLE , ARKANSAS ; FURTHER AUTHORI•LI't?G IIID DIRECTING THE CITY CLERK TO DEDUCT SOCIAL SECURITY PAYI ,ENTS FRO,., THE OFFICIALS AID E% PLOYEES OF THE CITY OF Ff.3 I TTMLLE, ARi1-?SAS AND TO nTCH THESE PAY._ t.idTS ,.ITH LEFICIPAL DUMS AMD RE RT THE NECESSARY Ai,OUNT TO THE STATE AMICY , FOR FURTHER R?cITTANCE TO TIE FEDE2LL SECURITY ADMISTRATOR ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL231 A-RKANSAS : Section 1 . The City Clerk of the City of Fayetteville , Arkansas is hereby authorized and directed to enter into a compact with the authorized State Agency to extend Social Security coverage to the officers and employees of the City of Fayetteville , Arkansas ; EXCEPT the employees of the Police and Fire Departments . Section 2 . The City Clerk of the City of Fayetteville , Arkansas is further authorized and directed to deduct and withhold Social Security taxes or payments from the wages and salaries of the officials and employees of the City of Fayetteville , Arkansas ; EXCEPT no deductions shall be made from those officials and employees that are not covered by Social Security. Section 3. The City Clerk is further authorized and directed to match the amount withheld from the officers and employees with an equal amount from the general fund of the City of Fayetteville , Arkansas and remit the total and necessary amount to the Authorized State Agency, for further remittance to the Federal Security Administrator . Section b . All ordinances and parts of ordinances in conflict here- with are hereby repealed . Section 5 . Because of the dire need of the officials and employees of the City of Fayetteville , Arkansas to be covered by Social Security and to be covered as soon as possible , an emergency is hereby declared and this ordinance being necessary for the preservation of the public peace , health, and safety shall be in full force from and after its passage . PASSED and APPROVED this ay of � � 1950 • Attest : City Clerk Mayor MICROObOED DATE 6 jg78 REEL- t� 22 AGREEMENT ipso THIS AGREEMENT, made and entered into on this the 6th day of January, 1951� ,/p �F356 by and between the STATE AGENCY (as defined in Section 2, Sub-section (d) , Act No.� of 1951, party of the first part, hereinafter referred to as the STATE AGENCY and The City of Fayetteville , Arkansas by J. W. McGehee, City Recorder party of the second part, hereinafter referred to as the POLITICAL SUBDIVISION. IN WITNESS WHEREOF, it is hereby mutually agreed by and between the parties hereto that the provisions of the Social Security Law, as amended, shall be extended to the employees of said local agency, subject to the following terms and conditions : (A) It is agreed by and between the contracting parties that the provisions of Act No. z of 1951 , shall be and the same is hereby made a part of this agreement. (B ) Definitions For the purpose of this agreement : ( 1 ) The term "political subdivision" includes an instrumentality of (a) the State, (b) one or more political subdivisions of the State, or (c) the State and one or more of its political subdivisions. (2) The term "employee' includes an officer of the State or apolitical subdivision thereof. (3) The term "retirement system" means a pension, annuity, retirement or similar fund or system established by the State or a political subdivision thereof. (C) Services covered This agreement includes all services performed by individuals as employees of those political subdivisions listed in the appendix hereto, except : ( 1 ) Any service performed by an employee in a position, which, on the effective date of this agreement, is covered by a retirement system. (2 ) Services performed by an employee in a position created to relieve hien from unemploy- ment. (3) Services performed in a hospital, home or other institution by an inmate thereof. (4) Covered transportation service (as defined in Section 210 (e) of the Social Security Act, as amended ) , and ( 5) Service (other than agricultural labor or service performed by a student) which is ex- cluded from employment by a provision of Section 210 (a) of the Social Security Act, as amended, other than paragraph 8 of such section. (D) Contribution by the Political Subdivisions The Political Subdivisions as a part of this agreement hereby agree to pay to the STATE AGENCY, at such time or times as the STATE AGENCY may by regulation prescribe, amounts equivalent to the sum of the taxes which would be imposed by Section 1400 and 1410 of the Internal Revenue Code if the services of the employees covered by. this agreement con- stituted employment as defined in Section 1426 of such code. (E) Compliance with regulations The political subdivisions further agree that they will comply with such rules and regulations as the STATE AGENCY may prescribe to carry out the purposes of Section 218 of the Social Security Act, as amended. ( F) Modification This agreement will be modified at the request of the political subdivision to include additional groups, in addition to those political subdivisions listed in the appendix, or to include additional services not now included in this agreement, such modification to be consistent with the pro- visions of Section 218 of the Social Security Act, as amended. ( G) Termination by the Political Subdivision The Political Subdivision, upon giving at least two years' advance notice in writing to the STATE AGENCY, may terminate this agreement, either in its entirety or with respect to any coverage group, effective at the end of a calendar quarter specified in the notice, provided, how- ever, that the agreement may be terminated in its entirety only if it has been in effect not less than five years prior to receipt of such notice, and provided further that the agreement may be terminated with respect to any coverage group only if it has been in effect with respect to such coverage group for not less than five years prior to receipt of such notice. (H) Termination by the STATE AGENCY for cause . If the STATE AGENCY, afterreasonable notice and opportunity for hearing to the Political Subdivision, finds that the Political Subdivision has failed or is no longer legally able to com- ply substantially with any provision of this agreement or of Section 218 of the Social Security Act, as amended, the STATE AGENCY shall notify the Political Subdivision by giving notice in writing that this agreement will be terminated in its entirety, or with respect to any one or more coverage groups, at such time, not later than two years from the date of such notice, as the STATE AGENCY deems appropriate, unless prior to such time it is found there no longer is any failure or that the cause of such legal inability has been removed. (I) Failure to make payments wheel due In case the Political Subdivisions fail to make, at the time or times due, the payments provided for under this agreement, there shall be added, as part of the amounts due, interest at the rate of six (6) per centum per annum from the date due until paid, and the STATE AGENCY may deduct such amount as is delinquent, plus accrued interest,. from any amounts due the Pofitical Subdivision by the State of Arkansas. Amounts so deducted shall be deemed to have been paid to the Political Subdivision. (J) Effective Date This agreement shall be effective on January 1 , 1951. THIS AGREEMENT is entered into on the day and date first hereinabove written, by L. R. BEAS- LEY, State Comptroller, by authority vested in him by Act No. of 1951, and the Political Sub- division acting through The City of Fayetteville, Arkansas Recorder Name of Department Title of Agent by virtue granted said agent by City Ordinance Hero Cite Authority THE STATE AGENCY BY to. a Comptroller THE CITY OF FA TTEVILLE, ARIfANSAS THE POLITICAL SUBDIVISION Authorized "Agent aaf—Io.so—meta+—c.-x<B. ,/ J . W. McGehee Excluded Services : ( a) Elected Board of Aldermen or City Council (b) Part time employees ( c) Employees of Police Department ( d) Employees of Fire Department