§ 24-53-108 — Coverage groups - terms and conditions

(1) Notwithstanding
any limitations contained in section 24-53-101 (3)(e) and (5), any of the coverage
groups participating in an existing retirement system on March 17, 1955, and
described in subsection (2) of this section may, effective January 1, 1955, or any
time thereafter, be covered pursuant to the provisions of sections 24-53-101 to 24-53-107 extending the benefits of the federal social security act pursuant to the
additional terms and conditions set forth in subsection (3) of this section.

(2) Coverage groups:

(a) Positions in each state institution of higher education covered on March
17, 1955, by annuity contracts with each such institution and the teachers'
insurance and annuity association;

(b) Positions in any individual municipal corporation or subdivision thereof
having a separate existing retirement system operated singly and independently
from any other municipal corporations or subdivisions thereof, except for policemen
and firefighters;

(c) Positions in any municipal corporation which has less than five employees
covered as of March 17, 1955, by an existing retirement system supported in whole
or in part by said municipal corporation. This coverage group constitutes a separate
retirement system for purposes of the social security act, as amended.

(3) Terms and conditions:

(a) The governor has certified to the secretary of health and human services
that:

(I) A referendum by secret written ballot was held on the question of
whether service in positions covered by such retirement system should be included
pursuant to an agreement; and

(II) An opportunity to vote in such referendum was given, and was limited, to
all eligible employees; and

(III) Not less than ninety days' notice of such referendum was given to
employees eligible to vote in such referendum; and

(IV) Such referendum was conducted under the supervision of the governor
or an agency or individual designated by him; and

(V) Two-thirds of the eligible employees voted in favor of including service in
such positions under an agreement.

(b) The appropriate governing body of the coverage group as defined in
subsection (2) of this section has given approval to the holding of the referendum.

(c) A referendum has not been conducted during a period of one year
immediately preceding the referendum.

(d) A referendum was requested by at least ten percent of the employees
eligible to vote in such referendum.

(e) The notice of referendum has been accompanied by a statement to the
effect that, with respect to both present and future members, the existing
retirement system may be revised so that the retirement benefits of each individual
member and the benefits of his dependents and those individuals entitled to
benefits on account of the membership in such system of any such members
pursuant to any revised retirement system and pursuant to the federal old-age,
survivors', disability, and health insurance system shall be at least equal to the
benefits which would have been payable to them under the existing retirement
system. Former members already retired and their dependents and those
individuals entitled to benefits on account of the membership in such system of any
such member shall continue to receive the full benefits to which they are entitled
pursuant to the existing system.

(f) The retirement benefits of each individual member and the benefits of his
dependents and individuals entitled to benefits on account of membership in such
system of any such members pursuant to any revised retirement system and the
federal social security act shall be at least equal to the benefits which would have
been payable to them pursuant to the existing retirement system.

(4) For purposes of the referendum required in subsection (3) of this section,
an employee shall be deemed an eligible employee with respect to any retirement
system if, at the time such referendum was held, he was in a position covered by
such retirement system and was a member of such system and if he was in such a
position at the time notice of such referendum was given as required in subsection
(3) of this section; except that he shall not be deemed an eligible employee if, at
the time the referendum was held, he was in a position to which the state
agreement already applied.

(5) No referendum with respect to a retirement system shall be valid unless
held within the two-year period which ends on the date of execution of the federal-state agreement or modification which extends the insurance system established
pursuant to the federal social security act to such retirement system, nor shall any
referendum with respect to a retirement system be valid if held less than one year
after the last previous referendum held with respect to the retirement system.

Legislative History

Source: L. 87: Entire article added, p. 1084, � 2, effective July 1. L. 97: (2)(b) amended, p. 1020, � 36, effective August 6.