§ 24-53-102 — Federal-state and interstate agreements

(1) The department,
with the approval of the governor, is authorized to enter on behalf of the state into
an agreement with the secretary, consistent with the terms and provisions of this
article, for the purpose of extending the benefits of the federal old-age, survivors',
disability, and health insurance system to employees of political subdivisions
thereof with respect to services specified in such agreement which constitutes
employment, as defined in section 24-53-101. Such agreement may contain
provisions relating to coverage, benefits, contributions, effective date, modification,
and termination of the agreement, administration, and other appropriate provisions
as the department and secretary agree upon, but, except as may be otherwise
required by or pursuant to the social security act as to the services to be covered,
such agreement shall provide in effect that:

(a) Benefits will be provided for employees, and their dependents and
survivors, whose services are covered by the agreement on the same basis as
though such services constituted employment within the meaning of Title II of the
social security act;

(b) The state will pay to the United States secretary of the treasury, at such
times as may be prescribed by the social security act, contributions with respect to
wages, as defined in section 24-53-101, equal to the sum of the taxes which would
be imposed by the federal insurance contributions act if the services covered by the
agreement constituted employment within the meaning of that act;

(c) Such agreement shall be effective with respect to services in
employment, covered by the agreement, performed after December 31, 1950, but in
no event shall it be effective with respect to any such services performed prior to
the first day of the calendar year in which such agreement is entered into or in
which the modification of the agreement making it applicable to such services is
entered into; except that, in the case of an agreement or a modification of an
agreement made prior to January 1, 1955, if the date specified in section 218 (f) of
the social security act, as amended, is not in conflict with such date, such
agreement or modification may be made effective as of January 1, 1951, or as of the
first day of any intervening calendar quarter; except that such effective date may
be made retroactive to the extent permitted by section 218 (f) of the social security
act, as amended;

(d) All services which constitute employment, as defined in section 24-53-101, and are performed in the employ of the covered political subdivision shall be
covered by the agreement, except as to those employees of political subdivisions
not coming within the provisions of this article;

(e) All services which constitute employment, as defined in section 24-53-101, are performed in the employ of a political subdivision of the state, and are
covered by a plan which is in conformity with the terms of the agreement and has
been approved by the department pursuant to the provisions of section 24-53-104
shall be covered by the agreement.

(2) Any instrumentality jointly created by this state and any other state is
hereby authorized, upon the granting of like authority by such other state:

(a) To enter into an agreement with the secretary whereby the benefits of
the federal old-age, survivors', disability, and health insurance system shall be
extended to employees of such instrumentality;

(b) To require its employees to pay and for that purpose to deduct from their
wages contributions equal to the amounts which they would be required to pay
pursuant to the provisions of section 24-53-103 (1) if they were covered by an
agreement made pursuant to subsection (1) of this section; and

(c) To make payments to the United States secretary of the treasury in
accordance with such agreement, including payments from its own funds, and
otherwise to comply with such agreements. Such agreement shall, to the extent
practicable, be consistent with the terms and provisions of subsection (1) of this
section and other provisions of this article.

Legislative History

Source: L. 87: Entire article added, p. 1079, � 2, effective July 1.