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Home My WebLink AboutO-1979-227 x �a I i ORDINANCE NO . P47 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ORDINANCE NO. 347 AS PASSED AND ADOPTED ON JUNE 20 , 1955 , REPEALING SECTION 6 (h) THEREOF; AND PROVIDING THAT ALL ORDI- NANCES OR PARTS OF ORDINANCES AND ALL RESO- LUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That sub-paragraph (h) of Section 6 of Ordi- nance No. 347 as passed and adopted on June 20 , 1955 , be and the same is hereby repealed; that sub-paragraph (i) of said Section 6 be re- designated and lettered (h) , which said section after the effect of the within ordinance, shall read as follows : "Section 6 : There is hereby excluded from this ordinance any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the City of Dania, Florida, and there is hereby further excluded from this ordinance any authority to make any agreement with respect to the following services : (a) Any service performed by an employee in a position, which, on the date of fed- eral approval of this Agreement, is cover- ed by a retirement system. (b) Services performed by an employee who is employed to relieve him from unem- ployment . (c) Service performed in a hospital , home, or other institution by a patient or inmate thereof. (d) Covered transportation service (as de- fined in Section 210 (1) of the Social Sec- urity Act, as amended) , (e) Service (other than agricultural labor or service performed by a student) which is J or is permitted to be excluded from em- ployment by any provision of Section 210 (a) of the Social Security Act, as amend- ed, other than paragraph 7 of said section . (f) Service of an emergency nature. (g) Service in all classes of elective positions. (h) Service in positions the compensation for which is on a fee basis. " Section 2. That except as herein amended all other pro- visions of said Ordinance No. 347 shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be re- pealed to the extent of such conflict. Section 4. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on the 13.th day of November 1979 . PASSED and ADOPTED on Second and Final Reading on the lath day of Decemben 1979. le MAYO - COMMISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTIVENESS: By : _1 L= Gs�& FRANK C. ADLER, City Attorney City of Dania, Florida J 2 - STATE of FLoRIDA 1NE SrAr� i Irparfmmf of AbWaistraftan � y I y _`_ Division of Retirement Bob Graham •'��OC F.(N�• GOVERNOR -.� MAILING ADDRESS 560 l'urltnn build log I ,Florida81aILl dim'rnit I Robert L. Kennedy,Jr, SECRETARY of AowNISTRnnoN � l� STATE RETIREMENT DIRECTOR LOI•A'nON Cedar,F:aet'ulivr 1'enler Gi:LI North.11onrne 61rn,-I -� Tn l In bn,xvv,hlnrid,r • i I fi July 12 , 1979 I. Mrs. Francis Wise City Hall 100 West Beach Boulevard Dania, Florida 33004 Dear Mrs. Wise: This is in regards to the incorrect reporting of part-time positions for social security by the City of Dania . I On June 20, 1955 the City of Dania adopted Ordinance No. 347 to provide social security coverage for their employees. Under section 6 of the ordinance the agency elected to exclude part-time positions from social security coverage. Therefore, part-time positions with the City of Dania are excluded from social security coverage. If the City of Dania desires to cover those positions for social security, it will be necessary for the City to pass an ordinance amending the original ordinance. The new ordinance should state that the City wishes to cover part-time positions retro- active to January 1, 1975. This date should be used due to the fact that any wages paid prior to January 1 , 1975 are pass the statue of limitation for adjustment. If the City desires not to cover part-time positions, they should cease reporting these positions and submit salary certifications for all salary paid , after January 1 , 1975 to employees occupying part-time positions. The Division will audit these i individuals account and issue refunds. If you have any questions, contact me at 904-488-6011. Sincerely, j ' W. R. Pate, Administrator Payroll Processing and Enrollment j WRP:sph CC: Field Audit I! I STATE of AoRIDA AW'�IHE sr,,r� .. w _ rs Irportmrnt of Ahminiotrntion G r Division of Retirement Bob Graham •4 f GOVERNOR MAILING ADDRESS 530 rarW,n Building Jim Tait is 'I'nllahn„rr.F'Inridn JYJaI I; Robert L. Kennedy,Jr. smnEraav of ADMINISTRATION ,( STATE RETIREMENT DIRECTOR LOCNrlpN xi Cedar,Exern tiro Censor 'I 2639 North)Innn n•Sheet 6 1a10... v,,F'Inrida I 1 June 27, 1979 f i Mrs . Francis Wise City Hall 100 West Beach Boulevard Dania, Florida 33004 1 Dear Mrs. Wise: The Audit Section has completed a review of the City of " Dania to determine if the operations related to social security coverage are in compliance with the Florida Statutes and associ- ated rules, regulations and agreements . The courtesy and assist- ance you provided during the audit was of significant benefit to the completion of the audit. I would briefly like to explain the City of Dania ' s social security coverage. The City was covered under Modification 29 to the State of Florida 's Agreement with the Social Security Administration effective January 1, 1959 . In the agreement, the following classes of positions were excluded from coverage; �i service of an emergency nature, service in all classes of elective positions, service in part-time positions, and service in positions the compensation for which is on a fee basis . Any employee fill- ing a position described above is excluded from coverage and should not be reported for social security purposes. The audit revealed all covered employees are reported from the beginning of employment. Employees are paid bi-weekly and wages are reported when paid. The City of Dania is correct in not reporting Workmen's Compensation since these payments are not considered wages for social security or income tax purposes . The audit did reveal that wages for part-time employees are being reported for social security. As mentioned during the audit, part-time positions are excluded from coverage in your agreement and should not be reported for social security. You will be contacted in the near future by our Payroll Processing and Enrollment Section in order to resolve this particular dis- crepancy. Page Two Mrs. Francis Wise June 27, 1979 If you have any questions regarding the audit, please feel free to contact me at (904) 487-1790 . Sincerely, F. Michael Tat art In4ernal Auditor FMT:cn . 3�