THE COVERAGE OF THE OLD AGE & SURVIVORS INSURANCE SYSTEM ESTABLISHED BY TITLE II OF THE SOCIAL SECURITY ACT
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STATE-MUNICiPAL AGREEMENT
The Florida Industrial Commission, under authority of Chapter
650" Florida Statutes, as amended, and the Cit~ (fl'v..~ o~
Clearwater. , Florida, a munic1pa~~atJ,'Jn and
pOIItICi1Sti1i<fIVision of tEe State of l"lorida, in order to(l';~.tend to
officials and employees of said municipality (except such as Qre
hereinafter excluded), the coverage of the Old Age and Survivors
Insurance System established by Title II of the Social Securit] Act,
as amended, hereby agree as follows:
1. DEFINITIONS:
For the purposes of this Agreement -
(a) The term "employee" means an employee as defined in
Section 210 (k) (2) of the Social Security Act and includes any
official of the muniCipality.
(b) The term "retirement system" means a pension, annuity,
retirement, or similar fund or system established by the State of
Florida or by a political subdivison thereof.
(c) The term "State Agency" means the Florida Industrial Com-
mission.
2. SERVICES COVERED:
This Agreement includes and covers all services performed by
individuals as employees of the municipality, EXCEPT:
(a) (1) Any service performed by an official or employee in
the position of fireman or policeman, wbensuch position, on the
date of federal approval of this Agreement, is covered by a retire-
ment system.
(2) Any service performed by an official or employee who,
on the date of federal approval of this Agreement, is covered by or
is eligible to be covered by a retirement system.
(b) Services performed by an employee who is employed to
relieve him from unemployment.
(c) Service performed in a hospital, home, or other insti-
tution by a patient or inmate thereof.
(d) Covered transportation service (as defined in Section
210(1) of the Social Security Act, as amended).
(e) Service (other than agricultural labor or service per-
formed by a student) which is or is permitted to be ex~luded from
employment by any provision of Section 210 (a) of the Social Security
Act, as amended, otber than Paragraph 7 of said section.
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(f)* NONE
(g) It is further agreed that on and after the d~te an em-
ployee or. official becomes eligible for membership in an existing
retirement system, his OASI coverage hereunder sh~l~ cease ......_____.
(Insert "cont inue" or "cease," whichever was spec:':.f led by orc:)'.,:~ance.)
His OASI coverage shall continue if, prior to such date of eligi-
bility, OASI coverage has been extended to include the members of
his retirement system.
3. CONTRIBUTIONS BY EMPLOYEES OF THE MUNICIPALITY:
The municipality agrees to impose upon its employees as to
services covered by this Agreement, a contribution with respect to
wages (as defined in Section 650.02, Florida Statutes) not exceeding
the amount of tax which would be imposed by the Federal Insurance
Contributions Act if such services constituted em,loyment within the
meaning of that Act, and to deduct the amount of such contribution
from the wages as and when paid. Contributions so collected shall
be paid to the State Agency in partial discharge of the liability of
said muniCipality, said payments to be made in accordance wtth regu-
lations of the State Agency. It is agreed and understood that the
failure of said municipality to deduct such contributions shall not
relieve it of liability therefor. It is further understood and
agreed that late payments bear interest of one-half of one per cent
for each calendar month or part thereof past the due d~te, and that
saMe may be recovered by proper court action against the municipality,
or may, at the request of the State Agency, be deducted from any
moneys payable to such muniCipality by any department or agency of
the state.
4. CONTRIBUTIONS BY THE MUNICIPALITY;
(a) The municipality represents that it has duly and
legally adopted, and that there is now in full ~orce and effEct, an
ordinance requiring an appropriation from available funds in its
general or special funds derived from ad valorem or other sQl.::~ces,
which shall be fully sufficient, when added to the sums wi thhe.td as
contributions from the salaries, wages, or compensation for personal
services performed by employees thereof covered by this Agre&~0nt, to
equal the total amount due from said municipality (ernployers~ ~nd
f;(ilployees t contributions) under applicable pr-ovisiO!ls of said Chapt01"
650, and of said Title II of the Social Security Act as amendedo
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(* Insert here anyone or more of the classes of service the coverage
of which is optional, if exception has been made by Ordin~nceo If no
exceptions desired, wrITe "NONE.") - - --.- - -
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(b) As assurance of its ability to pay its share of the
contributions which will become due and payable to the State AgenCY
under the terms of this Agreement, and as assurance that said cori~
tributions will be adequate, the municipality hereby obligates itself
and represents that at all times hereafter there will be maintained
in said appropriation referred to in subsection (a) above, a sum fully
sufficient to pay its share of the contributions, .nd that sams (to-
gether with contributions deducted from salaries, wages, etc., of em-
ployees) will be paid promptly when due,
5. ADMINISTRATIVE COSTS:
'rhe municipality agrees to pay its proportionate part of the
cost of administering said Chapter 650, Florida Statutes, as amend~d,
as required by Section 650.05(5) thereof, together with any interest
assessed thereon, at such times and in such amounts as the State
Agency may by regulation prescribe.
6. REPORTS - COMPLIANCE WITH REGULATIONS:
The municipality agrees that it will make such reports, in
such form and containing such information, as the State Agency may
from time to time require. The municipality further agrees that it
will comply with all ~egulations adopted and promulgated by the State
Agency necessary to carry out the purposes of said Chapter 650, and
of Section 218 of the Social Security Act, as amended.
7. TERMINATION:
The State Agency is authorized to terminate this Agreement in
its entirety if it finds that there has been a failure to comply sub-
stantially with any applicable law or regulation, or with any provi-
sion contained in this Agreement, such termination to take effect at
the expiration of such notice and on such conditions as may be pro-
vided by regulations of the State Agency and be consistent with appli-
cable provisions of the Social Security Act, and amendments thereto.
This Agreement shall be effective as of JanuarY 1, 1955 .
(SEAL)
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e~retary
FLORIDA INDUSTRIAL COMMISSiON, AS
STATE AGENCY FOR ADMINISTR/t. TION OF
S SECURITY ACT
( SEAL)
CITY <xlIx1mli OF CLEARWATER
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Approved as toorm7 Fd correctne8~itle C1t)VMi~Rler
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FLORIDA INDUSTRIAL COMMISSION
TALLAHASSEE, FLOnIDA
STATE AGENCY FOR
FEDERAL OLD AGE AND SURVIVORS' INSURANCE (OASI)
FOR PUBLIC EMPLOYEES
QUESTIONNAIRE
The purpose of this form is to ascertain the exact coverage preferred
by the local government, whether or not such coverage is presently
permitted by law, so that the State Agency can furnish appropriate
forms, render maximum advice and assistance, and arrange for best
available coverage.
Please execute in duplicate, sending original to State Agency and
retaining file copy. Where undecided, so state.
1. Name of Local Government: CITY OF CLEARWATER, C~e,rwater,
").orida
2. State preferred effective date for OASI coverage: J~. 1, 1955
3. List all services or units or functions or individuals the
local government desires EXCLl~ED from OASI coverage:
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T~Os~pa~.Qn. ~n~ ~om pan.ion. Are ~ provided by the
Pen.ion Plan e1t.d in I~ h~r.o~.
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(To indicate these choices, please insert in the answer to Question 4,
after each system listed, one or more of the letters (a), (b), (c).)
6.
If the "ineligibles" of one or more existing retirement systems
are to be covered by OASI, please state, with respect to each
system, wheJ:her OASLcoverage of suchan indiridual-istocease
or continue should he later become eligible for membership in
the system covering his position:
OASI .ov.rag. .1\",111" L!~'JUI'. upon becomine e1iJrible tor member-
iQip in tb9 .y.t.menvA~ing h~a position.
DATE
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HERBERT M. BROWN
MAYOR, CITY OF CLEARWATER, FLORIDA
~ch 9. 1955