HomeMy WebLinkAbout510007.tiff TO: STATE OF C( LORADO
DEPARTMENT OF ]MIPLOYMENT SECURITY
568 STATE CAPITOL
DENVER 2 COLORADO pdJ AG E Ind"
WPT.D COUNTY LIBRARY, GREELEY , hereinafter called
(I:ame of Political. Subdivision)
"Political Subdivision," does hereby apply to the Colorado
Department of Employment Security, hereinafter called 'Department,"
pursuant to the provisions of Section 5 of that certain Act Icnown
as House Bill No. 291, (enacted by the 38th General Assembly of the
State of Colorado), to extend the insurance system established by
Title II of the Social Security Act to services performed by indi-
viduals as employees of the Political Subdivision.
The Political Subdivision submits for the Department's
approval this Plan and Agreement to become effective on the date
hereinafter stated.
1. Definitions.
For purposes of this Plan and Agreement
(a) The term "Department" means Department of
Employment Security, State of Colorado.
(b) The term "employee" means an employee as
defined in Section 210 (K) of the Social Security
Act and shall include an officer.
(c) The term "services" includes all services
performed by individuals as employees of the Political
Subdivision, except:
(1) Any service performed by an employee in a
position covered by a retirement system on the date this
agreement is made applicable to his cover:,.g o gr(,ui,,
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(2) Service performed by an employee w io is
employed to relieve him from unemployment.
• (3) Service performed in a hospital, home or
other institution by an inmate thereof.
(Lt) Covered transportation service (as defined
in Section 210 (1) of the Social Security Act.)
(5) Service (other than agricultural labor or
service performed by a student) excluded from employment
by any provisions of section 210 (a) of the Social
Security Act, other than paragraph (8) of such section.
(6) Services of an emergency nature, such as
those required to care for fires, floods or other
unforeseen disasters.
(7) Services of an extremely temporary nature
such as possemen, election judges, etc., or those
compensated solely on a fee basis.
II. Services Covered.
This Plan and Agreement includes all services performed by
individuals for the Political Subdivision excepting those services
which are expressly excluded herefrom under Section I above.
III. Administration of the Plan.
The Political Subdivision agrees and has heretofore
authorized and directed the appropriate officers and employees to
do and perform all things found necessary by the Department or the
Federal Security Administrator, to make such reports in such form
and containing such information as the Department may from time to
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time require, and to comply with such provisions as the Department
or the Feiersl Security Administrator nay £rcm time to time find
necessary to assure the correctness ana verification of such reports.
IV. Contributions.
(a) The Political Subdivision will pay into the
Contribution Fund established by said State Act, with respect to
wages as defined in Section 2 of said Act, on or before the 18th
day of the month immediately following the end of the calendar
quarter, contributions equivalent to the sum of the taxes which
would be imposed by Sections 1400 and 1410 of the Internal Revenue
Code if the services covered by this Plan and Agreement constituted
employment as defined in Section 1426 of such code.
(b) The Political Subdivision agrees and contemplates
that it shall impose upon each of its employees, as to services
which are covered by this Plan and Agreement, a contribution with
respect to his wages, not exceeding the amount of the tax which
would be imposed by Section 1400 of the Federal Insurance Contributions
Act if such services constituted employment within the meaning of that
Act, and to deduct the amount of such contribution from his waves
as and when paid and to match such amounts with funds appropriated
for that purpose by the Political Subdivision. It is further
understood that the contributions so collected shall be paid into
the Contribution Fund in partial discharge of the liability of the
Political oubdivision, but that failure to make such deduction shall
not relieve the employee or the Political Subdivision from liability
therefor.
V. hu;;usime::ts, ratunos and interest ca calinquent paymcnte .
•
(a) U more or less than the correct amount dde under iart IV
of this Plan and Agreement is paid 1,ith respect to any remuneration,
proper adjustment, if adjustment is practicable, or refund shall be
made without interest in such manner and at such times as the
Department shall prescribe.
(b) If the Political Subdivision does not make, at the
time or times due, the payments required under this Plan and Agreeme:t,
there shall be added, as part of the amounts .due, except as provided
in paragraph (a) hereof, interest at the rate of six percent per year,
computed at the rate of 1/2 percent per month for each month or
fraction of a month that such Political Subdivision is delinquent
in its payments to the Department.
(c) Without prejudice to other available methods of
collection, the Department in its discretion may deduct such delinquent
amounts plus interest from any other moneys payable to the Political
Subdivision by any department, agency or fund of the State, including
but not limited to funds in possession of the County Treasurer allocated
to the Political Subdivision and derived from general taxation, upon
proper certification by the Department that said delinquent accounts
are due and payable.
VI. Termination.
(a) The Political Subdivision may request the Department
to take all necessary steps with the Federal Security Administrator,
pursuant to Section 218 (g) of the Social Security itct, to terminate
this Plan and Agreement and the State—Federal administrator Agreement
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ei_ecutec pLrsuant to .i,.ct_on 3 Di jai 1 at hct either in its entire
application to the Political guddivisitn or with respect to any
• coverage group. Upon good catse shown at a time and in a manner to
be specified by the Department, the Department shall give the notice
to the Federal Security Administrator required by Part F of said
:State-Federal Administrator Agreement and comply with all parts thereof
and of Section 218 (g) of the Social Security Act for the purpose of
granting the requested termination to the Political Subdivision.
(b) If the Department, after notice and opportunity for
hearing to the Political Subdivision, finds that there has been a
failure to comply substantially with any provision contained in this
Plan and Agreement and in said State Act, it may terminate this Plan
in its entirety, such termination to take effect at the expiration of
such notice and on such conditions as may be provided by regulations
of the Department consistent with the provisions of the Social
Security Act, and any delinquent payments incurred during the
termination of this agreement shall be collected from the Political
Subdivision in the manner set forth in Section V (c) of this agreement.
VII. codification.
This Plan and Agreement may be modified, at the request of
the Political Subdivision, to include coverage groups or services
in addition to those now included by this plan. Such modification
must be consistent with the State-Federal Administrator Agreement
and the provisions of Section 218 of the Social Security Act.
VIII. Effective Date.
This Plan and Agreement shall be effective as of
2,miriainma 1� �4S1
_E_
This Aar. anc nkrec:nei:t '4 entered into and submitted by
the Political Subdivision this — 3h O1 day of _l 1951.
-I f l 6A thendG --
(Name of Political Subdi+Qsion)
Attest:
By X /f\ . . , L
Orr
Officer
The foregoing Plan and Agreement is approved and
accepted.
C —c?. 11f /
(Date
DEPARTMENT OF ELPLOYidENT SLCURITY
State of Colorado
' Bernard E. Teets
Executive Director
TO:
State of Colorado
Department of Employment Security
568 State Capitol Building
Denver 2, Colorado
WHEREAS, The Social Security Act has been so amended
by the Congress of the United States as to permit political sub—
divisions of the several States to extend to their employees and
officers the benefits of old—age and survivors ' insurance, and
WHEREAS, the Thirty—Eighth General Assembly of the State
Of Colorado in regular session has enacted a statute known as House
Bill No. 291, which enables the political subdivisions of the State
of Colorado to take all action necessary to effectuate the coverage
of their employees and officers under said old—age and survivors '
insurance system, and
WHEREAS, it is the opinion of the LIBRARY BOARD of the
WELD COUNTY LIBRARY, that the extension of this Social Security
System will be of great benefit not only to the EMPLOYEES OF THE
LIBRARY, but to the WELD COUNTY LIBRARY, by attracting to it and
enabling it to retain the best of personnel and thus increase the
efficiency of its operation; and it is deemed that the payment by
the LIBRARY BOARD its portion of the cost of said system is a
payment for the purpose of the LIBRARY.
NOW, THEREFORE, BE IT RESOLVED by the LIBRARY BOARD
of WELD COUNTY LIBRARY, that this LIBRARY become a participant in
the Social Security System and that the benefits of old—age and
survivors ' insurance be extended to its employees and
BE IT FURTHER RESOLVED that the LIBRARY BOARD of WELD
COUNTY LIBRARY in the State of Colorado are authorized to execute
and deliver to the Department of Employment Security, State of
Colorado, the Plan and Agreement required under the provisions of
Section 5 of said enabling Act and The Social Security Act to extend
coverage to the employees of the WELD COUNTY LIBRARY, and to do all
other things necessary to that end, and
BE IT FURTHER RESOLVED that the Treasurer be and he is
hereby authorized to make all required payments into the Contribution
Fund established by Section 6 of said enabling Act and to establish
such system of pay roll deductions from salaries of employees as may
be necessary to their coverage under said old—age and survivors '
insurance system, and
BE IT FURTHER RESOLVED that the LIBRARY BOARD of WELD
COUNTY LIBRARY hereby appropriate from the proper fund or funds of
the said Board the amounts necessary to pay into the Contribution
Fund as provided in Section 5 (c) (1) of the enabling act and in
accordance with the Plan or Plans and Agreement, and
BE IT FURTHER RESOLVED that the proper officials of the
LIBRARY BOARD do all things in accordance with the provisions
contained in the Plan and Agreement necessary to the continued
implementation of said old—age and survivors' insurance system,
and
BE IT FURTHER RESOLVED THAT THE LIBRARY become a
participant in the Social Security System effective as of
JANUARY 1. 1951.
Dated this a Ff tll day of ►amirsr-1951.
County of
Attest:
(Secretary) (President of -Board)
CERTIFICATE OF A HENTICATION
STATE OF COLORADO
SS
County of
I, , County Clerk of
County, do hereby certify that the above and foregoing is a full,
true, and correct copy of Resolution No. , entitled
, passed by the Board of County Commissioners of
County on the day of 1951, as the same
appears from the records and files in my office.
In Witness Whereof, I have hereunto set my hand and affixed
the seal of said County this day of 1951. •
( Secretary of Board)
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