Chapter 2.58
FEDERAL SOCIAL SECURITY AGREEMENT

Sections:

2.58.010    Established.

2.58.020    Coverage – Included services.

2.58.030    Coverage – Exceptions.

2.58.040    Payment of taxes to state.

2.58.050    Delinquency payments.

2.58.060    Payment of costs.

2.58.070    Reports required.

2.58.080    Effective date – Term.

2.58.090    Termination – By notice from either party.

2.58.100    Termination – By mutual consent of parties.

2.58.110    Compliance required.

2.58.010 Established.

In order to carry into effect the common governmental duties under Chapter 184, Laws of 1951, as amended (RCW Chapter 41.48), Whatcom County agrees to be bound by the following terms and conditions in consideration of an agreement between the Secretary of Health, Education, and Welfare and the state; and the state agrees to take the necessary steps to extend the Old-Age and Survivors Insurance System to cover the said employees of the county. (Prior code § 1.10.010).

2.58.020 Coverage – Included services.

All services of each of the eligible employees of Whatcom County, as defined by Section 218 of said Federal Social Security Act, and Chapter 184, Laws of 1951, as amended (RCW Chapter 41.48) of the state of Washington, shall be included in the said insurance system coverage. (Prior code § 1.10.020).

2.58.030 Coverage – Exceptions.

This agreement includes all services performed by each of the eligible employees of Whatcom County for whom coverage is requested, except the following:

A. Service performed by an employee who is employed to relieve him from unemployment;

B. Service performed in a home, hospital or other institution by a patient or an inmate thereof;

C. Covered transportation service (as defined in Section 210(1) of the Social Security Act, as amended);

D. Service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of Section 210(a) of the Social Security Act, as amended, other than paragraph 7 of such section;

E. Service in positions covered by any retirement system except the State Employees’ Retirement System. (Prior code § 1.10.030).

2.58.040 Payment of taxes to state.

Not later than 20 days following the end of each calendar quarter, Whatcom County will pay to the state amounts equivalent to the sums of taxes (employer-employee contributions) imposed by Sections 1400 and 1410 of the Internal Revenue Code of 1939 (Section 3111 of the Internal Revenue Code of 1954) with respect to all the services of each of the eligible employees covered by this application and agreement. (Prior code § 1.10.050).

2.58.050 Delinquency payments.

Whatcom County shall pay to the state any sums of money that the state may be obligated to pay or forfeit to the federal government by reason of any delinquency or default of the applicant in paying the contributions as required in this chapter when due or in making such wage reports as required pursuant to this agreement. (Prior code § 1.10.070).

2.58.060 Payment of costs.

Pursuant to the provisions of Section 9, Chapter 184, Laws of 1951, Whatcom County shall pay to the state its pro rata share of all costs allocable upon request of, as determined by, and at the times specified by the state for the administration of the provisions of Chapter 184, Laws of 1951, as amended (RCW Chapter 41.48). (Prior code § 1.10.080).

2.58.070 Reports required.

Whatcom County shall prepare and submit such wage and other reports to the state or federal government as may be required from time to time by the state. (Prior code § 1.10.060).

2.58.080 Effective date – Term.

The coverage as provided in this chapter for all services of each of the eligible employees of Whatcom County shall be effective as of January 1, 1955, and this agreement shall continue until terminated as provided in Sections 2.58.090 and 2.58.100. (Prior code § 1.10.090).

2.58.090 Termination – By notice from either party.

That the state of Whatcom County shall have the right to terminate this application and agreement upon giving at least two years advance notice in writing to the other party, effective at the end of a calendar quarter specified in the notice; provided, however, that the agreement must have been in effect not less than five years prior to receipt of such notice; and provided further, that if the Secretary of Health, Education and Welfare should terminate the agreement between the Secretary of Health, Education and Welfare and the state for the administration by the state of Section 218 of the Social Security Act, as amended, the state shall have the right to terminate this application and agreement in accordance with the same rights and powers as the Secretary of Health, Education and Welfare exercises in terminating the agreements between him and the state. (Prior code § 1.10.100).

2.58.100 Termination – By mutual consent of parties.

Subject to the provisions of Section 2.58.090 and applicable law, this agreement may be terminated or amended by the mutual consent of the parties in writing. The state reserves the right to terminate this plan in its entirety, in its discretion, if it finds that there has been a failure to comply substantially with any provisions contained in this plan, such termination to take effect at the expiration of due notice and on such other conditions as may be provided by regulations of the state consistent with the provisions of the Federal Social Security Act, as amended, and Chapter 184, Laws of 1951, as amended (RCW Chapter 41.49) of the state of Washington. (Prior code § 1.10.110).

2.58.110 Compliance required.

Whatcom County will comply promptly and completely, throughout the term of this application and agreement, with the provisions of Chapter 184, Laws of 1951, as amended (RCW Chapter 41.48) of the state of Washington, and Section 218 of the Federal Social Security Act and applicable federal and state regulations adopted pursuant thereto. (Prior code § 1.10.030).