§ 42:1010 — Referenda and certification

A. With respect to each retirement system established by the state the governor is empowered to authorize a referendum, upon request of the board of trustees thereof, and with respect to each retirement system established by a political subdivision or any instrumentality of either the state or a political subdivision, the governor shall authorize a referendum upon request of the governing body of such subdivision or instrumentality; and in either case the referendum shall be conducted, and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3), Section 218(d)(6)(C), and Section 218(d)(7) of the Social Security Act, on the question of whether service in positions covered by a retirement system should be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218(d)(3)(C) and Section 218(d)(7)(B) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject if their services are included under an agreement under this Chapter. The governor may delegate signature authority to the state treasurer, who is the administrator for the state of Louisiana. The state treasurer may delegate the authority to supervise referenda as needed.
B. Upon receiving satisfactory evidence that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor shall so certify to the commissioner of Social Security.

Legislative History

Added by Acts 1955, No. 36, §6; Acts 2004, No. 280, §1, eff. July 1, 2004.