(A) This section is adopted pursuant to the provisions of W.Va. Code Ch. 5, Art. 7, and shall be construed to render it in conformance with that article and the applicable federal law and agreement mentioned in W.Va. Code § 5-7-3.
(B) All services which constitute employment, as defined by W.Va. Code § 5-7-2, and which are performed in the employ of the city in a nonproprietary capacity and, in addition, in a proprietary capacity for the operation and maintenance of the city waterworks, a municipally owned public utility, and the Department of Sanitation, a municipally owned project, shall be covered by this plan.
(C) It is a further purpose of this section to obtain the coverage of a Federal Old Age and Survivors’ Insurance, commonly called Social Security, for both the nonproprietary employees of the city and the proprietary employees of the city who engage in the operation and maintenance of the city waterworks, a municipally owned public utility and the Department of Sanitation, a municipally owned project, and another municipally owned project, the city municipal airport, subject to the approval of the state agency, as defined by W.Va. Code § 5-7-2, to be effective hereby from January 1, 1951; except the city municipal airport, which is to be effective January 1, 1953, and thereafter as a regular part of the city budget for which levy is made and as a regular part of the expenditures of the city waterworks, Department of Sanitation and the city municipal airport, to be derived from its revenue.
(D) The Council hereby declares that the plans for extending these federal Social Security benefits to all eligible city officers and employees, as heretofore submitted to and approved by the State Auditor in his or her capacity as the “state agency”, shall continue in full force and effect and that the city shall conform to all applicable provisions of W.Va. Code §§ 5-7-1 through 5-7-10.
(E) The Mayor, the City Clerk and the City Collector and Treasurer shall be, ex officio, the Social Security Committee, which Committee shall administer the plan in such methods as may be found by the “state agency”, as defined by W.Va. Code § 5-7-2(d), to be necessary for the proper and efficient administration of the plan.
(F) The city shall make such reports, in such form and containing such information, as the state agency may, from time to time, require, and shall comply with such provisions as the state agency or as the federal agency, mentioned in W.Va. Code § 5-7-5(a)(5), may, from time to time, find necessary to ensure the correctness and veracity of such reports.
(G) The city agrees to pay into the contribution fund, as defined by W.Va. Code § 5-7-6, such amounts as are required to be paid by W.Va. Code § 5-7-5(c) and (d).
(H) The “state agency” is authorized to terminate this plan in its entirety, if it finds that there has been a failure to comply substantially with any provisions contained in this plan or any provisions of W.Va. Code Ch. 5, Art. 1, and necessary federal laws and regulations, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the state agency and consistent with applicable federal law.
(1991 Code, § 2-5) (Ord. passed 11-29-1950; Ord. passed 4-16-1953)
Editor’s note:
The plans herein referred to are on file in the office of the City Clerk.