HomeMy WebLinkAbout1959-0337 - Additions to Ordinances of Riverside,.-~. .
ORDINANCE N0.-~~
(1~
A BILL TO ENACT FIVE .SECTIONS OF THE ORDINANCES OF THE
CITY OF i ~ /~ to MISSOURI, TO BE KNOWN
1 1 1 1 1
AS SECTIONS A, ~ C~ ~ AND E, DECLARING THE POLICY AND
PURPOSE OF THE CITY OF ~~ y P y S / ~ , MISSOURI,
TO EXTEND TO ALL ELIGIBLE EMPLOYEES AND OFFICIALS OF SAID
CITY WHO ARE NOT .EXCLUDED BY LAW OR BY THIS ORDINANCE, AND
WHETHER EMPLOYED IN CONNECTION WITH A GOVERNN~ITAL OR
n
PROPRIETARY FUNCTION OF SAID CITY, .THE BENEFITS OF THE
SYSTEM OF FEDERAL OLD-AGE AND SURVIVORS INSURANCE AS
AUTHORIZED BY THE SOCIAL SECURITY ACT AMENDMENTS OF 1950,
AND BY SENATE .COMMITTEE SUBSTITUTE FOR SENATE BILL N0..3
OF THE 66TH GENERAL ASSEMBLY OF THE STATE QF MISSOURI AND
AMENDMENTS THER$:OF, TOGETHER WITH ALL APPLICABLE RULES AND
REGULATIONS RELATIVE T~.,REPO: AUTHORIZING AND DIRECTING THE
MAYOR)TO PREPARE, EXECUTE AND SUBMIT TO THE DIVISION OF
BUDGET AND COMPTROLLER OF THE STATE OF MISSOURI, AS STATE
AGENCY, A.PLAN AND AGREEMENT FOR EXTENDING SAID BENEFITS TO
SAID EMPLOYEES AND OFFICIALS AND AUTHORIZING AND DIRECTING
(2) (2)
THE MAYOR AND CPI7 CLERK TO EXECUTE AGREEMENTS AND MODIFICA-
TIONS AND ANIEfiDMENTS TREREOF WITH SAID STATE AGENCY, PROVIDING
FOR THE EXTENSION OF SAID BENEFITS TO SAID EMPLOYEES AND OFFICIALS
- AS SET FORTH IN SAID PLANg PROVIDING FOR DEDUCTIONS FROM THE
WAGES OF THE EMPLOYEES AND OFFICIALS OF SAID CITY TO WHOM SAID
BENEFITS ARE EXTENDED TO BE MADE AND PAID OVER AS PROVIDED BY
THE APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS: PROVIDING
1. .The sections of the ordinance are designated by letters.
.These letters should be changed to the desired .numbers by
which the ordinance sections are to be finally designated.
2. If some official other than the Mayor is to take the actions
referred to, the title of the official who is to take the
actions should be substituted.
FOR THE APPROPRIATION AND PAYMENT BY SAID CI'T'Y OF EM-
PLOYER'S CONTRIBUTIONS AS PROVIDED BY THE APPLICABLE
STATE AND FEDERAL LAWS ~ ~~TIONSs PROVIDING THAT
SAID CITY SHAD, KEEP SUCH RECORDS AND MAKE SUCH REPORTS
AS MAY BE REQUIRED BY APPLICABLE STATE AND FEDERAL LAWS
AND REGULATIONS; (AND DECLARING AN E[~RGENCY TO ExIST SO
THAT THIS ORDINANCE SHALL BE IN FUZZ FORCE .AND EFFECT
APPRWAL. )
FROM AND AFTER ITS PASSAGE f
a o7~fl ~e~'7J~~°~ O~
BE IT ORDAINED BY THEA~' OF THE CITY OF /5' `(~ e Y c~ -~
(3)
MISSOURI AS FOLLOWSt
SECTION 1. Five sections of the ordinances oY the City of
~( ,.Missouri, are hereby enacted, to be known
1 1 1 (1)
as Sections A, B, C, D, AND E of the ordinances of the City of __„_
`~ ~,~~" Missouri, and to read in words and figures as
followao (1)
SECTION A. It is hereby declared to be the policy and Purpose of
f~, _ ~ ~ ~ ~~ , Missouri, to extend to all
the City of ,
to ees and o$~icials of said city who are not excluded by
eligible emp y
law or by this ordinance, and whether employed in connection with a
governmental or proprietary function of said city, the benefits of .the
system of Federal Old-Age and Survivors Insurance as authorized by the
Social Security Act Amendments of 1950s and by Senate Committee Substi-
tute for Senate Bill No. 3 of the 66th General Assembly of the State
of Missouri and amendments thereof, as the same may be now and hereafter
in effect.
3, If the City's charter requires that the style of its
setiforth,sthelstylenshould beicfhsnged to sethforth e
the proper style.
1. .See note 1 on page 1.
m2°
(1) (2) (2)
//SECTION Be The Mayor and City Clerk of the City of
/F~`v P Y s ~ ~ e , Missouri, are hereby authorized
~T
and directed, on behalf of this City, to prepare, execute and
submit to the Division of Budget and Comptroller of the State
of Missouri, as State Agency of the State of Missouri, a plan
and agreement for extending said benefits to said eligible em-
ployees and officials of the City of ~~ ~ py- fi`p~~p ~
Missouri, in the form prepared by the State Agency and hereby
13aa ~~ o f' ~Jafe r~r~ ~+.
approved and adopted by theA.._~ of this City, which
plan and agreement are to become effective upon approval thereof
by the State Agency, and are further authorized and directed to
execute agreements and modifications and amendments thereof with
said State Agency, providing for the extension of said benefits
to said employees and officials as set forth in said plan and
(1)
agreement, as provided for in Section A hereof, said plan and
agreement to provide that said extension of benefits is to be
effective on JGt ~ y ~ ~~~ ~•
~~_ ,
SECTION Co Commencing on the first day of the month
following the date of the approval of the plan and agreement
of this City by the State Agency, there shall be deducted from
the wages of all employees and officials of the City of
p ~ ~
/1 i ~~ e y ~' ~ l° , Missouri, to whom the benefits of
said system of Federal Old-Age and Survivors Insurance are extended,
by virtue of .the plan and agreement hereinbefore provided for,
the amount of each of said employees' and officials' contributions,
1. See note 1 on page 1.
2. See note 2 on page 1.
~+. Here insert title of governing body if
governing body is not City Council.
-3-
~:; determined by the appi.i.cable t<~te and Federal laws and
k;y said plan and agreements th.e aggregate amount of said
_ deductions to be paid into the Contributions Fund created
by Senate Committee Substitute for Senarte T3all TvTo. 3 of the
66tkr. General Assembly of the ;fate of.° Missouri; provided,
h.owevere that from the first payment of wages made to each
of said-employees and officials aftec° the benefits of said
system have been extended to such employees and officials9
there shall be deducted a sum equal. to the amount which
would have been due and payable from each of said employees
and officials had said e/xtens:ion of benef°its been provided
and effective on 4~u ~L y 1j ~ 9c~7
(l~ _t_'_ ~___,e
SECTION D, Commencing on the first day of the month
fo.l.lowing the date of the approval of the plan and agreement
of this City by the State Agency9 there is hereby authorized
to be appropriated fro/m the ~~ ), Eya~ Fund of the City
of ~/ V e Y £.'P P 9 Missouri, ar~d there is, and shall be'
appropriated9 the sum or sums of money necessary to pay the
rantributions of the City of ~~~ e.7._s ~ ~P y MissOUri,
which shall be due and payable try virtue of the extension of
i:Ye benefits of the Federal O1d~Age and t~urvivors Insurance System
i:« the eligible employees and. aff~.;ial.s of said t;itye said sum
ar sums of money to be paid. into the Contributions Fund created
by Senate Committee Substitute for Senate T3:i11 No. 3 of the
66th General Assembly o.f` t:he State of Mi.ssour.:i; provided' however,
tPu~.t in mak4.ng the fix°st payment to said Contributions Fund, after
the benefits of said system have been extended to such employees
and officials, said first payment shall include a sum equal to
trte amount which would have been d.tze and payable had said extension
1.. See nate 1 on page 1.
al~.e
of benefits been provided and effective on ~~ ~ y ~~ ~~~~
.The Fund from which said appropriation is made will, at all times,
be sufficient to pay the contributions of the City by this Section
~ii.rected to be paid to said Contributions Fund.
(1)
SECTION E, The City of /~~ y ~y S~~PL°_~ Missouri,
from and after the approval of .the plan and agreement of this City
by the State Agency, shall fully comply with, and shall keep such
records, make such .reports and provide such methods of administra-
tion of said plan and agreement as may be required by all applicable
State and Federal laws, rules and regulations, now and hereafter
in effect with respect to the extension of the benefits of the
Federal Qld-Age and Survivors Insurance System to the employees and
_ officials of this Ci/t~Iy/~i. >.For-the purpose of administering said plan
and agreement the_~'__~ 7/ p y of this City shall be the official
who shall make all require`d' reports, keep all records, and be re-
sponsible for the administration of said plan and agreement on
behalf of this City, and any and all notices and communications from
the State Agency to this Ci~ty~wpith respect to sai/d~plan and agreement
shall be addressed to "L~~-7_~ ~~ fzi B 7` . ~ V P Y S i r~t~ ~
Missouri."
SECTION' 2. -All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 3. It being necessary for the iumiediate preservation
of the public peace, health and safety of the employees,. officials
and citizens of the City of i~ ~ g ~~p~ ~ , Missouri,
that the provisions of this ordinance shall take effect at once,
an emergency is hereby declared to exist and this ordinance shall
he in full force and effect from and after .its passage and approval.
1.. See note 1 on page 1.
_5_
„ .. .
Passed .this o~/.~1`'- day of ~~~:~~ , 195.
APPROVED THIS ~/~ day of ~~~ ,-195•
ATTESTs
=J~--_
CITY C
I,. the underaigned~ being :City Clerk of the City of
Missouri, and, as such, having the
official records of said City in my posaession~ do hereby certify
that the above and .foregoing is s true and correct copy of the cer-
tain Ordinance which was enacted by the City Council of said -0ity
on the ~,1~„~"day of 195, and was ap-
proved on the d /n-f ~ day of ~~~ , 195,,,,_,
as the same appears in City Record Book #er ~J ~ 4~,~~
In witness whereof, I have hereunto aet,trry hand .and affixed
the .official seal of said City, all on the ~ daffy of ~ ~ ,
195,.
(SEAL)
-6-
Division of Budget and Comptroller
Jefferson City, Missouri
PLAN AND AGREEMENT
The ~-~.~~ o'/ ~(N.e4o~:~ of ~ , Missouri,
being a Political Sub di is on of the State of ssouri hereinafter called "the
Political Subdivision , proceeding under and by virtue of the terms of Section 105.300 to
and including Section 105.440 R.S. 1955 of the State of Missouri (hereinafter called
Section 105 and amendments thereof as the same may be now and hereafter in effect) and
under and by virtue of action lawfully taken by its governing body on the o7/~`- day of
f}~,Q~ L , 19~, a duly certified copy of said action being attached
hereto, submits the following plan for extending the benefits of the system of Federal
Old-Age and Survivors Insurance to all of its eligible employees and officials as
authorized by Section 105 and the agreement between the State of Missouri and the Depart-
ment of Health, Education, and Welfare, Secretary, heretofore entered into, and by the
Social Security Act as amended by the Social Security Act Amendments of 1950 and 1954
(said Acts being hereinafter collectively called "Social Security Act"), said plan to
become effective as an agreement with the Division of Budget and Comptroller of the State
of Missouri (hereinafter called "State Agency") upon the written approval of said State
Agency being endorsed hereon.
The benefits of the system of Federal Old-Age and Survivors Insurance as authorized
by the agreement between the State of Missouri and the Department of Health, Education,
and Welfare, Secretary, and by the Federal Acts and the State Act, shall be extended to
all eligible employees of the Political Subdivision, subject to the following terms and
conditions:
(1) When used in this plan and agreement the following terms mean:
(A~ "Employee": elective or appointive officials and employees of the Political
Subdivision; provided, that employees who are. members of any retirement
system supported wholly or in part by the State or any of its political sub-
divisions or instrumentalities are not to be included within the meaning of
this term, unless they have elected to become eligible.
(B) "Retirement system": A pension, annuity, retirement or similar fund or system
established by the State or a Political Subdivision thereof.
(2) All services performed by individuals as employees of the Political Subdivision
are included, except:
(A) Any service performed by policemen or firemen as a member of a coverage
group in positions covered by a retirement system.
(B) Service performed by an employee who is employed to relieve him from un-
employment;
(C) Service performed in a hospital, home or other institution by a patient or
inmate thereof;
(D) Covered transportation service, as determined under Section 210 (1) of the
Social Security Act, as amended;
(E) Service (other than agricultural labor or service performed by a student)
which is excluded from employment by any provision of the State Act and of
Section 210 (a) of the Social Security Act, as amended, other than Paragraph
(8) of such section;
(F) Services which, in the absence of an agreement entered into between the
State of Missouri and the Department of Health, Education, and Welfare,
Secretary, under Section 105 and the Social Security Act, would constitute
"employment" as defined in Section 210 of the Social Security Act;
(G) Services of employees in the classification or classifications indicated
and designated in the Appendix attached hereto.
(3) The Political Subdivision, upon approval of this plan and agreement by the
State Agency, will pay into the Contributions Fund, created by Section 105,
at such time as the State Agency shall prescribe, contributions with re-
spect to wages in the amounts and at the rates specified in the agreement
entered into between the State of Missouri and the Department of Health,
Education, and Welfare, Secretary, such amounts to be equal to the sum of
the taxes which would be imposed by Sections 1400 and 1410 of the Federal
Insurance Contribution Act, if the services covered by said agreement and
by this plan and agreement constituted employment within the meaning of said
Act; provided, however, that in making the first payment to said Contributions
Fund after the approval of this plan and agreement by the State Agency, said
first payment shall include a sum equal to the amount which would have been
due and payable had this plan and agreement, the agreement between the State
oP Missouri and the Department of Health, ucation, and Welfare, Secr19~•(1)
and Section 105, all been effective on ~
If the Political Subdivision fails to make any the payments herein pro-
vided to be made at the time or times when due, each and every such delinquent
payment shall bear interest at the rate of six (6) per cent per annum from the
due date until paid, and the State Agency may recover any such amount or amounts
as may be delinquent in the manner provided by Section 105.
(~F) The Political Subdivision will provide, from the fund or funds specified in the
action of its governing body hereinbefore referred to, the sum or sums necessary
to make the payments on its behalf required to be made by the terms of the
paragraph numbered 3, next above and the Political Subdivisions covenants that
said fund or funds will at all times be adequate to make such payments, and the
Political Subdivision will deduct from the wages of all its eligible employees
and officials who will participate in the benefits to be provided under the
terms of this plan and agreement the amount of each of said employees' and
officials' contributions required to be made by the terms of the paragraph
numbered 3, next above.
(5) The Political Subdivision will fully comply with all rules and regulations which
are now, or may hereafter be, prescribed by the State Agency under the terms of
Section 105 and will keep such records and make such reports, in such form and
containing such information as may be prescribed by the State Agency, and will
provide such methods of administration of this plan and agreement, all as may be
required by the State Agency and by said rules and regulations and by all appli-
cable State and Federal laws and rules and regulations now or hereafter in effect.(2)
For the purpose of administering this plan and agreement the
(fiitle f Official)
of the Political Subdivision shall be the official who shall make all required
reports, keep all records, and be responsible for the administration of this
plan and agreement on behalf of the Political Subdivision, and any and all
notices and communications from the State Agency to the Political Subdivision
with r/e~spect to said/plan and agreement shall be addressed to the said official,
at C. /7~y o~ /`/.~'E2 S/dE , ~/ yE2 .s/dE , Missouri.
(6) The Political Subdivision may request that this plan and agreement be modified
to include any coverage group to which this plan and agreement did not previously
apply, or to include, in the case of any coverage group, services previously
excluded from this plan and agreement, and any such requested modification
shall become effective upon approval thereof by the State Agency and upon the
modification of the agreement between the State of Missouri and the Department
of Health, Education, and Welfare, Secretary, pursuant to the terms of such request.
(7) The State Agency may terminate this plan and agreement in its entirety, or as to
any member of a 3oint coverage unit, if the State Agency finds that there has
been a failure to substantially comply with any provision of this plan and
agreement, such termination to take effect at the expiration of the time named
(1) Desired effective date of coverage--the effective date of coverage may be January 1,
1955 until December 31, 1957, thereafter within the year of approval by the Secretary
of Health, Education, and Welfare.
(2') $ere insert title of official designated by acceptance act of governing body.
in notice of such termination, and such termination shall take effect on
such conditions as may be provided by regulations of the State Agency and as
may be consistent with the applicable Federal law. The State Agency will not
terminate an approved plan and agreement without giving reasonable notice and
an opportunity for a hearing to th~'Folitical Subdivision.
(8) If the agreement between the State of Missouri and the Department of Health,
Education, and Welfare, Secretary, is terminated by either party thereto,
either in its entirety or as it pertains to the Political Subdivision, in
whole or in part, this plan and agreement, or the affected portion thereof,
shall, also, terminate with, and upon the termination of, said agreement.
IN WTTNESS WHEREOF, the Political Subdivision has caused two copies of this plan and
agreement to be executed on its behalf by its officers duly authorized so to act, and
has caused its corporate seal to be hereto affixed and attested, all on this o?/~
day of ~~., ~~ , 19~.
C~t~ o~ I~ive~.si de, l,~,ssou.2~,
Corporate Name
(SEAL)
".TTEST
~' , l~a-~---~~
ame and Title of ficia
s, PAUL NE, C~~-~ L' L.F~ei~
By
Tit of Official
F.F Fi LGe~, ~-s~y~,
APPROVAL OF PLAN AND AGREEMENT Q
The above plan and agreement of the C. l ~ o ~ '\ ~ Y ~ ~ S ~ D ~
of ~iu e ~ s i ~ ~ , Missouri, is approved and is hereby declared to be
6th
effective as an agreement, this X~_ day of 0 sober, , 195
DIVISION OF BUDGET AND COMPTROLLER
OF THE STATE OF MISSOURI
By drs`' ~.
Comptroller
State Agency