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Home My WebLink About510006.tiff RESOLUTION RE: SOCIAL SECURITY: WHEREAS, The Social Security Act has been so amended by the Congress of the United States as to permit the political subdivisions 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 necessary action to effectuate the coverage of their employees and officers under said old-age and survivors' insur- ance system, and WHEREAS, it is the opinion of the Board of County Comm- issioners of Weld County, Colorado, that the extension of this Social Security System will be of great benefit not only to the employees of Weld County, but to Weld County, by attracting to it and enabling it to retain the best of personnel and thus increase the efficiency of its government; and it is deemed that the payment by the County of its portion of the cost of said system is a payment for the purpose of the County. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that this County become a participant in the Social Security System and that the benefits of old-age and survivors' insurance be extended to its employees and officers, and BE IT FURTHER RESOLVED, that the County Commissioners and the County Clerk & Recorder of Weld County in the State of Colo- rado are authorized to execute and deliver to the Department of Employment Security, State of Colorado, the Plan and Agreement p5crxt !0O14, - -2- required under the provisions of Section 5 of said enabling Act and the Social Security Act to extend coverage to the employees and officers of this County, and to do all other things necessary to that end, and BE IT FUEffihER RESOLVED, that the County Clerk & Recorder 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 officers and employees as may be necessary to their coverage under said old-age and sur worst insurance system, and BE IT FURTHER RESOLVED, that the Board of County Commissioners of Weld County will, when the amount for the calender yeat is determined, appropriate from the proper fund or funds of the said County the amounts necessary to pay into the Contribution Fund as provided in Section 3 (c) (1) of the enabling Act-.and in&cordance with the Plan or Plans and Agreement, and BE IT FURTHER RESOLVED, that the proper officials of Weld County 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 Weld County, Colorado become a par6icipant in the Social Security System effective as of JANUARY 1, 1951. -3- The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote and so ordered. K-17," J' AYES: v./� /4'/d4%i//,/,,/ c THE BCAP OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO. CERTIFIED COPY OF ORDER STATE OF COLORADO ) as. County of Weld ) /� � I, ( / County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid, do hereby certify that the above and foregoing is a full, true and correct copy of a resolution entitled Social Security, passed by the Board of County Commissioners of Weld County, Colorado on the 27th day of June A. D. 1951 as the same appears from the Records of the proceedings of the Board of County Commissioners for said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado this 27 day of June,A.D.1951 County Clerk Earl"/ . / �'✓:J' 1 q/�i,✓. Deppty PLAN AND AGREEMENT WELD COUNTY, hereinafter called "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 known 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 tern "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 coverage group. -2- (2) Service performed by an employee who is employed to relieve him from unemployment. (3) Service performed in a hospital, home or other institution by an inmate thereof. (4) Covered transportation service (as defined in Section 210 (1) of the Social Security Act.) (5) Service (other than agricultural labor or serltce 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) Servides of an extremely =Mx temporary nature such as guards, possemen, election judges, etc., or those compensated solely on a fee eflemOdOMMCKbasis. (8) Services performedhe the District Attorney of the Eighth Judicial District of Colorado, his assistants, ddeputies and employees. (9) Persons rendering part time service during the first 5 months of the year 1951 who are not now employed. 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 -3- 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 time require, and to comply with such provisions as the Department or the Federal Security Administrator may from time to time find necessary to assure the correctness and 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 calendat 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 tax which would be impose& 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 contributions from his wages as and when paid and to match such amounts with funds appropriated for that pubpose 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 Subdivision, but that failure to make such deduction shall -4- not relieve the employee or the Political Subdivision from liability therefor. V. Adjustments, refunds and interest on delinquent payments. (a) If more or less than the correct amountdue under Part IV of this Plan and Agreement is paid with respect to any remuneration, proper adjustment, if adjustment if practicable, or refundshall 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 thks Plan and Agreement, there shall be added, as part of the amounts due, except as provided in paragraph (a) hereof, interest at thexate of six percent per year, computed at thetate of i percent per month for each month or fraction of a month that such Political Subdivision is delinquent in its payments to the Department. 9c) Without prejudice to other available methods of colledtion, 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 Act, to terminate this Plan and Agreement and the State-Federal Administrator Agreement • . -5- executed pursuant to Section 3 of said State Act either in its entire application to the Political Subdivision or with respect to any co, verage group. Upon good cause 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 -tate 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. Modification. 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 JANUARY 1, 1951. w6- This Plan and Agreement is entered into and submitted by the Political Subdivision this 27th day of June, 1951. WELD COUNTY, COLORADO By ITS BOARD -OF COUNTY COMMISSIONERS W� ✓✓✓ (� Member ATTEST: / / � Member County—Cleflt & ecorder Deputy & Acting Clerk of the Board. The foregoing Plan and Agreement is approved and accepted. ;.4 /5'r/ yDatey DEPARTMENT OF EMPLOYMENT SECURITY STATE OF COLORADO By 1. Bernard E. Teets Executive Director AMENDMENT The Board of County Commissioners and Department of Employment Security, acting through its representatives designated to administer its r ponsibilities under the Plan and Agreement entered into on the .?,44.4 daycof ps/ , 195 / , hereby agree to amend said Plan and Agreement by the inc sio ofvall services in the positions of Justices of the Peace and Constable. It is- further agreed that the- effective date of coverage of these classes of positions shall be the / le day of � �, , 195 COUNTY OF i,v p BY Chairman of th Board of ATTEST: Counte/Commissioners Clerk The foregoing aFendment the origina Plan and Agreement is approved and accepted thiscg/4 day of , 195S State of Colorado Department of Employment Security /,y /J fernard E. 'Teete Executive Director .,. n 0. MODIFICATION NO. l TO COLORADO STATE -- SOCIAL SICCURZTT ADMINISTRATION AGREEMENT The Federal Security Administrator and the State of Colorado acting through its representative designated to administer its responsibilities under the Agreement of November 13, 1951, hereby accept as additional coverage groups under said Agreement and acknowledge the full applica- bility of the original Agreement to the following: The effective date for coverage of there groups shall bet 1. January 1, 1951, or 2. The respective date specified below with respect to each of the political subdivisions listed herein. County Effective Date FREMONT 7& January 1, 1952 GRAND 71 July 1, 1941 MORAY S-0 July 1. 1951— PARK el January 1, 1952 Excluded Services: For the above *Giusti** no services are excluded ea- cept as are included in subsections a. to 1. inclusive. of Section A. 3. of the original agreement. City or Ton Effective Date BLACK HAWK 1?' October 1, 1951 - BRECX.ZNRWGE 8 3 October 1, 1951 BURLINGTON .46 July 1, 1.951-- CANON CITY -6C January 1. 1951 CRAIG $`'1 October 1. 1951 CRIPPLE CREEK 'fli8 July 1. 1931 1 HOTCHKISS t ( July 1, 1941- - 2 - City or Town (Continued) Effective Date LAS ANIMAS W January 1, 1952 OURAY r January 1, 1952 SALIDA4≤ January 1. 1951 Excluded Services: For the above cities and towns, no services are excluded except as are excluded by subsections a. to i. inclusive of Section A. 3. o£ the original Agreement. BRUSH g January 1, 1951 FLAGLER r January 1. 1951 HOLYOKE '1° October 1, 1951 MON TROSE '4 3 July 1. 1951 Excluded Services: Elective officials in addition to excluded services contained in the Agreement. Other Political Subdivisions HENRYLYN IRRIGATION DISTRICT ." January 1, 1931 - MESA COUNTY HEALTH DEPARTMENT ' July 1, 1951 - NORTHERN COLORADO WAFER CONSERVANCY DISTRICT July 1, 1951. ORCHARD MESA IRRIGATION DISTRICT -' January 1, 1951- TRINIDAD PUBLIC LIBRARY July 1, 1951 PUEBLO HOUSING AU THORITY October 1, 1951 WELD COUNTY HEALTH DEPARTMENT"' January t, 1951 WELD COUNTY HOSPITAL January 1, 1951 - WELD COUNTY LIBRARY January 1, 1951-- Excluded Services: For the above political subdivisions no services are excluded except as are included in subsections a. to i. inclusive, of Section A. 3. of the original Agreement. FOURTH JUDICIAL DISTRIC 1' January 1. 1951 EIGHTH JUDICIAL DISTRICT January 1, 1951 ,- Excluded Services: Elective officials in addition to excluded cervices contained in the Agreement. - , - Approved for the State of Colorado this 7 day of ""'_4L.2--. 1931. B U Berne cottao / _r,, s tatecutive Director Department of S ployment Security Approved or the Federal Security Administrator Mg-ags) day of 10".W . 1961. By ! 11.4 t Ss rr for Social Security • Approved Otw Ilia of Co orado t I, it\ ; \ l MODIFICATION NO. 22 TO COLORADO STATE-SOCIAL SECURITY ADMINISTRATION AGREEMENT The Secretary of Health, Education and Welfare and the State of Colorado, acting through its representative designated to administer its responsibilities under the Agreement of November 13, 1951, and in accordance with Modification No. 11 of August 18, 1953, hereby modify the Agreement with respect to the political subdivisions listed below so as to provide coverage for employees rendering services in fee basis elective positions: Effective Date of:;i'ee Political Subdivision Identification No. Basis Elective Positions County of Weld ?I 69-0840028 January I, 1951 It is further agreed that this modification is executed subject to ratification by the Director of the Bureau of Old-Age and Survivors In- surance of the Social Security Administration. APPROVED for the State of Colorado this 31st day of Decemb- •, 53. By _ � Bernard E. Tee$, Executive D rector APPROVED: Department of Employment Security a/ U � nte �.r overnor of Colorado Approved this 31st day of Deoember , 1953. Secretary of Health, Education and Welfare By ., Albert H.Rosenthal Regional Director Rego VIII / Ratified this y of ,)2§ •1.1 Hobert M. al , iaire/7 ector Bureau of Old-p and Survivors Insurance Hello