§ 24-53-104 — Coverage of political subdivisions

(1) Each political subdivision
of the state is authorized to submit for approval by the department a plan for
extending the benefits of Title II of the social security act, in conformity with
applicable provisions of such act, to employees of such political subdivision. Each
such plan and any amendment thereof shall be approved by the department if it
finds that such plan, or such plan as amended, is in conformity with such
requirements as are provided in regulations of the department; except that no such
plan shall be approved unless:

(a) It is in conformity with the requirements of the social security act and
with the agreement entered into pursuant to the provisions of section 24-53-102;

(b) It provides that all services which constitute employment, as defined in
section 24-53-101, and are performed in the employ of the political subdivision by
employees thereof shall be covered by the plan;

(c) It specifies the source from which the funds necessary to make the
payments required by paragraph (a) of subsection (3) and by subsection (4) of this
section are expected to be derived and contains reasonable assurance that such
sources will be adequate for such purpose;

(d) It provides for such methods of administration of the plan by the political
subdivision as are found by the department to be necessary for the proper and
efficient administration of the plan;

(e) It provides that the political subdivision make such reports, in such form
and containing such information as the department may from time to time require,
and comply with such provisions as the department or the secretary from time to
time may find necessary to assure the correctness and verification of such reports;
and

(f) It authorizes the department to terminate the plan in its entirety, in the
discretion of the department, if it finds that there has been failure to comply
substantially with any provisions contained in such plan, such termination to take
effect at the expiration of such notice and on such conditions as may be provided
by regulations of the department and may be consistent with the provisions of the
social security act.

(2) The department shall not finally refuse to approve a plan submitted by a
political subdivision pursuant to the provisions of subsection (1) of this section and
shall not terminate an approved plan without sixty days' notice and opportunity for
hearing to the political subdivision affected thereby.

(3) (a) Each political subdivision as to which a plan has been approved
pursuant to the provisions of this section shall pay into the contribution fund, with
respect to wages, as defined in section 24-53-101, contributions in the amounts and
at the rates specified in the applicable agreement entered into by the department
pursuant to the provisions of section 24-53-102. Such contributions from the
political subdivision to the department shall be due not earlier than the expiration
of the initial one-third of the time provided for payment by the department to the
United States secretary of the treasury pursuant to the provisions of section 24-53-102.

(b) Each political subdivision required to make such payments pursuant to
the provisions of paragraph (a) of this subsection (3) is authorized, in consideration
of the retention of the employee in or entry of the employee upon employment after
July 1, 1987, to impose upon each of its employees, as to services which are covered
by an approved plan, a contribution with respect to his wages, as defined in section
24-53-101, not exceeding the amount of tax which would be imposed by the federal
insurance contributions act, if such services constituted employment within the
meaning of that act, and to deduct the amount of such contribution from his wages
as and when paid. Contributions so collected shall be paid into the contribution fund
in partial discharge of the liability of such political subdivision or instrumentality
pursuant to the provisions of paragraph (a) of this subsection (3). Failure to deduct
such contribution shall not relieve the employee or employer of liability therefor.

(4) Delinquent payments due pursuant to the provisions of paragraph (a) of
subsection (3) of this section, with interest at the rate established by regulation
pursuant to the social security act or pursuant to the provisions of this article,
whichever is higher, may be recovered by action in a court of competent jurisdiction
against the political subdivision liable therefor or, at the request of the department,
may be deducted from any other moneys payable to such subdivision by any
department or agency of the state. The department may establish additional
penalties for failure of any political subdivision to make timely reports or
contribution payments.

(5) Each political subdivision may exclude from wages such payment made
under a plan or system if such plan or system is approved by the department. This
subsection (5) shall authorize a political subdivision to establish a plan or system as
required by section 209 (b) of the social security act.

Legislative History

Source: L. 87: Entire article added, p. 1081, � 2, effective July 1.