Mo. Code Regs. Ann. tit. 1, § 10-12.011
PURPOSE: The state Social Security Administration, Office of Administration, has the authority to make and publish such rules as necessary to the efficient administration of Old Age Survivors Insurance coverage to employees of state and local political entities. This rule establishes coverage, recordkeeping and reporting guidelines for state and local governmental officials.
Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.
(1) Extension of Social Security Coverage to Public Agencies Other Than State Units.
(2) Designation of Reporting Officials.
(3) Annual Wage Report Transmittal by Public Agencies and State Agencies With Local Fund Payrolls.
(4) Annual Wage Report Transmittal by State Departments not Under the State Payroll System.
(E) of this rule.
(5) Semi-monthly Social Security Deposits by Political Subdivisions and Instrumentalities of the State and State Agencies with Local Fund Payrolls.
(A) Each political subdivision and instrumentality of the state covered under the Social Security program and each state unit making wage payments from nonappropriated local funds shall deposit Social Security contributions due within three (3) calendar days following the close of each semi-monthly period as follows:
first fifteen (15) days of a calendar month, semi-monthly deposit reports and remittances are due on or before the eighteenth day of the calendar month; and
sixteenth through the last day of each month, semi-monthly deposit reports and remittances are due on or before the third day of the following month. If the due date, third or eighteenth, falls on a Saturday, Sunday or legal holiday observed by the United States Postal Service, the Social Security deposit shall be due on the next working day.
(8) Late Reports.
(6) and (7) of this rule, penalty will be assessed at five dollars ($5) for the first day and one dollar ($1) for each day thereafter from the due date until the completed report is received. Delinquent wage and adjustment reports which result in additional liability shall also be assessed interest on contributions due at a rate equal to that charged by the Social Security Administration. Interest shall not be billed if less than one dollar ($1).
(10) Review by the State Agency. The state agency upon notice may review payroll and disbursement records of any entity covered under a state Social Security Agreement for compliance with federal and state Social Security law.
state agency to obtain cooperation from an official of the political subdivision; a lack of expertise on the part of the official of a local subdivision; a lack of funds; or failure to notify the state agency of the current mailing information or failure to receive deposit and/or report forms does not relieve the current reporting official of the obligation to file timely Social Security deposits and reports.
AUTHORITY: section 105.430, RSMo 1986. Original rule filed Feb. 13, 1980, effective July 11, 1980. Amended: Filed Jan. 14, 1981, effective June 11, 1981. Amended: Filed Sept. 4, 1981, effective Dec. 11, 1981. Amended: Filed Sept. 10, 1982, effective Jan. 1, 1983. Amended: Filed Sept. 8, 1983, effective Dec. 11, 1983. Amended: Filed Aug. 12, 1985, effective Nov. 12, 1985. EXHIBIT I ORDINANCE NO.__________________________ A BILL TO ENACT SEVEN SECTIONS1 OF THE ORDINANCES OF THE CITY OF ____________, MISSOURI, TO BE KNOWN AS SECTIONS A, B, C, D, E, F, AND G DECLARING THE POLICY AND PURPOSE OF THE CITY OF ____________ MISSOURI, TO EXTEND TO ALL ELIGIBLE EMPLOYEES AND OFFICIALS OF SAID CITY WHO ARE NOT EXCLUDED BY LAW OR BY THIS ORDINANCE, AND WHETHER EMPLOYED IN CONNECTION WITH A GOVERNMENTAL OR PROPRIETARY FUNCTION OF SAID CITY, THE BENEFITS OF THE SYSTEM OF FEDERAL OLD-AGE, SURVIVORS’, DISABILITY AND HEALTH INSURANCE AS AUTHORIZED BY SECTION 218 OF THE SOCIAL SECURITY ACT AMENDED, AND BY SECTIONS 105.300 THROUGH 105.440, RSMo (1986), TOGETHER WITH ALL APPLICABLE RULES AND REGULATIONS RELATIVE THERETO: AUTHORIZING AND DIRECTING THE MAYOR2 TO PREPARE, EXECUTE AND SUBMIT TO THE OFFICE OF ADMINISTRATION OF THE STATE OF MISSOURI, AS STATE AGENCY, A PLAN AND AGREEMENT FOR EXTENDING BENEFITS TO SAID EMPLOYEES AND OFFI- CIALS AND AUTHORIZING AND DIRECTING THE MAYOR2 AND CITY CLERK2 TO EXECUTE AGREEMENTS AND MODIFI- CATIONS AND AMENDMENTS THEREOF WITH SAID STATE AGENCY, PROVIDING FOR THE EXTENSION OF SAID BENEFITS TO SAID EMPLOYEES AND OFFICIALS AS SET FORTH IN SAID PLAN; PROVIDING FOR DEDUCTIONS FROM THE WAGES OF THE EMPLOYEES AND OFFICIALS OF SAID CITY TO WHOM SAID BENEFITS ARE EXTENDED TO BE MADE AND PAID OVER AS PROVIDED BY THE APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS: PROVIDING FOR THE APPROPRIA- TION AND PAYMENT BY SAID CITY OF EMPLOYER’S CONTRIBUTIONS AS PROVIDED BY THE APPLICABLE STATE AND FED- ERAL LAWS AND REGULATIONS: PROVIDING THAT SAID CITY SHALL KEEP SUCH REPORTS AS MAY BE REQUIRED BY APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS; (AND DECLARING AN EMERGENCY TO EXIST SO THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL). BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _____________________, MISSOURI, HEREBY ENACTS THE FOLLOWING SECTIONS OF ORDINANCES OF THE CITY OF ____________________, MISSOURI, TO BE KNOWN AS SECTIONS A, B, C, D, E, F, AND G OF THE ORDINANCES OF THE CITY OF _________________, MISSOURI, AND TO READ IN WORDS AND FIGURES AS FOLLOWS:3 SECTION A. It is hereby declared to be the policy and purpose of the City of _________________, Missouri, to extend to all eligible employees and officials of said city who are not excluded by law or by this ordinance, and whether employed in connection with a governmental or proprietary function of said city, the benefits of the system of federal Old-Age, Survivors, Disability and Health Insurance as authorized by the sections 105.300 through 105.440, RSMo (1986), as the same may be now and hereafter in effect. SECTION B. The Mayor2 and the City Clerk2 of the City of ____________________, Missouri, are hereby authorized and directed, on behalf of this city to prepare, execute and submit to the Office of Administration, OASDHI Unit of the state of Missouri, as state agency of the state of Missouri, a plan and agreement for extending said benefits to said eligible employees and officials of the City of ____________________, Missouri, in the form prepared by the state agency and hereby approved and adopted by the City Council4 of this City, which plan and agreement are to become effective upon approval thereof by the state agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said state agency providing for the extension of said benefits to said employees and officials as set forth in said plan and agreement, as provided for in Section A hereof, said plan and agreement to provide that said extension of benefits is to be effective on ________________________, 19 ______. SECTION C. Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the state agency, there shall be deducted from the wages of all employees and officials of the City of ____________________, Missouri, to whom the benefits of said system of federal Old-Age, Survivors, Disability and Health Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of said employee’s and officials’ contributions, as determined by the applicable state and federal laws and by said plan and agreement, the aggregate amount of said deductions to be paid into the OASDHI Trust Fund created pursuant to section 105.390, RSMo (1986): provided, however, that from the first payment of wages made to each of said employees and officials after the benefits of said system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each said employee and official had said extension of benefits been provided and effective on __________________, 19 _____. SECTION D. Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the state agency, there is hereby authorized to be appropriated from the ___________________ Fund of the City of ______________, Missouri, and there is, and shall be, appropriated, the sum or sums of money necessary to pay the contributions of the City of ______________________, Missouri, which shall be due and payable by virtue of the extension of the benefits of the federal Old-Age, Survivors, Disability and Health Insurance System to the eligible employees and officials of said city, said sum or sums of money to be paid into the OASDHI Trust Fund created pursuant to section 105.390, RSMo (1986): provided, however, that in making the first payment to said OASDHI Trust Fund, after the benefits of said system have been extended to such employees and officials, said first payment shall include a sum equal to the amount which would have been due and payable had said extension of benefits been provided and effective on ____________________________, 19 _____. The fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of the city by this section directed to be paid to said OASDHI Trust Fund. SECTION E. The City of ________________________, Missouri, from and after the approval of the plan and agreement of this city by the state agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of said plan and agreement as may be required by all applicable state and federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the federal Old-Age, Survivors, Disability and Health Insurance System to the employees and officials of this city. For the purpose of administering said plan and agreement the ____________________________ of this city shall be the official who shall make all required reports, keep all records and be responsible for the administration of said plan and agreement on behalf of this city, and any and all notices and communications from the state agency to this city with respect to said plan and agreement shall be addressed to: ________________________________________________ , Missouri ________________________. Zip Code SECTION F. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION G. It being necessary for the immediate preservation of the public peace, health and safety of the employees, officials and citizens of the City of ________________________, Missouri, that the provisions of this ordinance shall take effect at once, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. 1Sections of this ordinance are designated by letter which should be changed to the desired numbers by which the ordinance sections are to be finally designated. 2If some official other than the Mayor and the City Clerk is to take the actions referred to, the title of the official who is to take such actions should be substituted. 3If the city’s charter requires that the style of its ordinance shall be in a form different from that here set forth, the style should be changed to set forth the proper style. 4Insert title of governing body if governing body is not City Council. Passed this _____________________ day of _______________________, 19 _____. Approved this ___________________ day of ______________________, 19 _____. ATTEST: ________________________________________ MAYOR _____________________________ CITY CLERK I, the undersigned, being City Clerk of the City of ______________________, Missouri, and, as such, having the official records of said city in my possession, do hereby certify that the above and foregoing is a true and correct copy of the certain Ordinance with was enacted by the City Council of said city on the _______________________ day of __________________, 19_____, and was approved on the _______________________ day of _____________________, 19 _____, as the same appears in City Record Book No. ______________at page___________. In witness whereof, I have hereunto set my hand and affixed the official seal of said city, all on the _________________________ day of _____________________________, 19_____. (SEAL) ______________________________________________ EXHIBIT II RESOLUTION RELATING TO FEDERAL OLD-AGE, SURVIVORS, DISABILITY AND HEALTH INSURANCE Upon motion by _______________________, seconded by ______________________, and after full discussion, the following Resolution was adopted: RESOLUTION WHEREAS, The Social Security Act Amendments of 1950 authorized the Department of Health, Education, and Welfare, at the request of any state, to enter into an agreement with such state for the purpose of extending the benefits of the Old-Age, Survivors, Disability and Health Insurance System, established by Title II of the Social Security Act, as amended (said Act and the Social Security Act Amendments of 1950 being hereinafter collectively call “Social Security Act”), to the employees and officials of such state and of any political subdivision of instrumentality thereof; and WHEREAS, this board and the members thereof are and have been advised that, pursuant to sections 105.300 through 105.440, RSMo (1986), the state of Missouri, acting by and through its Office of Administration (hereinafter call “State Agency”), has entered, or proposed to enter, into an agreement with said Department of Health, Education, and Welfare for the purpose of extending the insurance system established by the federal acts to the employees and officials of the state of Missouri and of any of its political subdivision or any instrumentality of any one or more of them, and that said agreement, as it is or may be made applicable to the eligible employees and officials of this board, may be made effective with respect to services performed by such eligible employees and officials of this board, on or after _________________________________ 19_____1; and WHEREAS, it is hereby declared to be the policy and purpose of this board to extend to all eligible employees and officials of said board, who are not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of federal Old-Age, Survivors, Disability and Health Insurance as authorized by the Social Security Act and sections 105.300 through 105.440, RSMo (1986) and amendments thereof, as the same may be now and hereafter in effect; WHEREAS, this board desires to secure the benefits accorded by said insurance system for the eligible employees and officials of this board in order to insure the benefits thereof, it is deemed necessary that this board submit a plan to, and enter into an agreement with, said state agency, which form has been presented to, and is hereby approved and adopted by this board, so that said insurance system may be put into operation and become effective with respect to services performed by the eligible employees and officials of this board on and after ______________________________, 19_____1: NOW, THEREFORE, IT IS ORDERED THAT: 1. The ________2 and the _________2 of this board, are hereby authorized and directed, on behalf of this board, to prepare, execute and submit to the state agency a plan and agreement for extending said benefits to the eligible employees and officials of this board, in the form prepared by the state agency and approved and adopted by this board, which plan and agreement are to become effective upon approval thereof by the state agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said state agency, providing for the extension of said benefits to said eligible employees and officials, as set forth in said plan and agreement which is to provide that said extension of benefits is to be effective on __________________________, 19 _____1; 2. Commencing on the first day of the month following the date of the approval of the plan and agreement of this board by the state agency, there shall be deducted from the wages of all employees and officials of this board, to whom the benefits of said system of federal Old-Age, Survivors, Disability and Health Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of said employees’ and officials’ contributions, as determined by the applicable state and federal laws and by said plan and agreement, the aggregate amount of said deductions to be paid into the OASDHI Trust Fund created by section 105.390, RSMo (1986), provided, however, that from the first payment of wages made to each of said employees and officials, after the benefits of said system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each of said employees and officials had said extension of benefits been provided and effective on _________________________, 19_____1; 3. Commencing on the first day of the month following the date of the approval of the plan and agreement of this board by the state agency, there is hereby authorized to be appropriated from the ______________3 fund of this board, and there is, and shall be, appropriated, the sum or sums of money necessary to pay the contributions of this board which shall be due and payable by virtue of the extension of the benefits of the Federal Old-Age, Survivors, Disability and Health Insurance system to the eligible employees and officials of this board, said sum or sums of money to be paid into the OASDHI Trust Fund, created by section 105.390, RSMo (1986), provided, however, that in making the first payment to said OASDHI Trust Fund, after the benefits of said system have been extended to such employees and officials, said first payment shall include a sum equal to the amount which would have been due and payable had said extension of benefits been provided and effective on ____________________, 19 _____1. The fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of this board by this resolution directed to be paid to said OASDHI Trust Fund; 4. This board, and all employees and officials thereof, shall fully comply with, and shall keep such records, make such reports and pro- vide such methods of administration of said plan and agreement as may be required by all applicable state and federal laws, rules and regulations now and hereafter in effect with respect to the extension of the benefits of the federal Old-Age, Survivors, Disability and Health Insurance System to the eligible employees and officials of this board. For the purpose of administering said plan and agreement the _________4 of this board shall be the official who shall make all required reports, keep all records, and be responsible for the administration of said plan and agreement on behalf of this board, and any and all notices and communications from the state agency to this board with respect to said plan and agreement shall be addressed to 5. A true and correct copy of this Order, verified by the Secretary of this Board, and bearing the seal of this board, shall be furnished to the state agency. 1Insert effective date of coverage 21Insert titles or positions of responsible officials 3Insert fund name for payment of employer contributions 4Insert title of responsible reporting official STATE OF MISSOURI COUNTY OF _______________________ I, the undersigned, _____________________________, being Secretary of the ____________________, _______________, Missouri, and, as, such, having the official records of said _______________________ in my possession and custody, do hereby certify that the above and foregoing is a true and correct copy of the certain Resolution which was adopted by said _______________________, on the _______________________________, day of ___________________, 19_____, as the same appears in Minute Book No. _________, at pages _________ to ___________________, inclusive. In witness hereof I have hereunto set my hand and affixed the official seal of said ____________________, all on the _______________ day of __________________________, 19_____. 1 CSR 10-12 ___________________________________________ ___________________________________________ ___________________________________________ Missouri ______________________________ Zip Code
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