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with are hereby repealed .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