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RESOLUTION NO. /~ .7J?~
2 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING STATE
LEGISLATIVE ACTION CONCERNING RETIREMENT PROVISIONS RELATIVE TO
3 CETA PERSONNEL.
4 WHEREAS, Comprehensive Eh\.>l~ & Training Administration
5 (CETA) Rules and Regulations, Section 98.25, published in the
6 Federal Register, Vol. 42, No. 43, Friday, May 13, 1977, have
1 been revised by making the payment of CETA funds for participants
8 in retirement programs allowable only if participants:
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(1) Obtain unsubsidized employment with the employer,
provided that the time spent as a CETA participant is accredited
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service under the employer's retirement plan;
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(2) Obtain unsubsidized employment with another employer
13 provided benefits are portable; or
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(3) Obtain vesting; and
15 WHEREAS, the revised regulation concerning retirement
16 programs will take effect for the City of San Bernardino on
17 October 1; 1977; and
18 WHEREAS, the California State Legislature should change or
19 modify California Government Code, Sections 20000-21000, "Public
20 Employees Retirement Systems Act", so that the City of San
21 Bernardino can comply with Section 98.25 in its use of CETA funds
22 and the procedures of Section 98.25 could be legally implemented
23 by order of the Governor or by other executive authority; and
24 WHEREAS, the Regional Administrator, Comprehensive
25 Employment and Training Administration, Department of Labor, with
26 the approval of the Regional Solicitor, may allow the City of San
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Bernardino, which is in a State which has laws prohibiting the
implementation of procedures required by Section 98.25, an
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1 extension for compliance of not more than one calendar year or up
2 to the end of the next regular session of the State Legislature,
3 whichever occurs earlieri and
4 WHEREAS, an extension can only be given on a statewide
5 basis and would be applicable to all Prime Sponsors and eligible
, applicants within the State who are covered by the affected
7 State laws,
8 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
9 COUNCIL OF THE CITY OF SAN BERNAlIDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino does hereby request
an extension for compliance with section 98.25 of the Federal
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12 Register, Vol. 42, No. 93, Friday, May 13, 1977, from the Regional
13 Administration, Comprehensive Employment and Training Administrati n,
14 Department of Labor, Region IX, for one calendar year or up to the
15 end of the next regular session of the California State Legislatur ,
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whichever occurs earlier.
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SECTION 2. The Attorney General of the State
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should be requested by one of our local legislators to forward a
legal opinion to the Regional Administrator attesting to the fact
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that the State Legislature should change or modify California
Government Code Sections 20000-21000, "Public Employees Retirement
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Systems Act", or California Government Code .S', 31720, "The 1937
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California County Retirement Act", in order that the City of San
Bernardino and other public entities can comply with Section
98.25 of the Federal Register, Friday, May 13, 1977, in its use
of CETA funds and the procedures of Section 98.25 can be legally
implemented by order of the Governor or any other executive
authority.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
meeting thereof, held
Bernardino at a _" /' ~dA/
on the / f?7t day of (/0",1/
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Councilmen~..ut~(d"< ~ Y//:t5//n{ ~.//,
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vote, to wit:
AYES:
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NAYS:
, 1977, by the following
ABSENT: ~//n7/~/"/j<~~/~
The foregoing resolution
ofj~
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0.~~/fJ:t~
is hereby appro is :2~ day
, 1977.
San Bernard1no
to form:
F,l-L,ED
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JUL 201911
_ UCIJ.",E GOf'OR1H. City CllIrk
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