§ 52-10-03 — Federal-state agreement - Interstate instrumentalities

1. The state agency, with the approval of the governor, is hereby authorized to enter on
behalf of the state into an agreement with the secretary of health and human services
consistent with the terms and provisions of this chapter, for the purpose of extending
the benefits of the federal old-age and survivors' insurance system to employees of the
state or any political subdivision with respect to services specified in such agreement
which constitute "employment" as defined in section 52-10-02. The agreement may
contain such provisions relating to coverage, benefits, contributions, effective date,
modification, and termination of the agreement, administration, and other appropriate
provisions as the state agency and the secretary of health and human services shall
agree upon, but, except as may be otherwise required by or under 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 whose services are covered by the
agreement, and their dependents and survivors, on the same basis as though
such services constituted employment within the meaning of title II of the Social
Security Act [42 U.S.C. 401 et seq.].
b. The state will pay to the secretary of the treasury, at such time or times as may
be prescribed under the Social Security Act, contributions with respect to wages,
as defined in section 52-10-02, 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. The agreement shall be effective with respect to services in employment covered
by the agreement performed after a date specified therein but in no event may it
be effective with respect to any such services performed prior to the last day of
the sixth calendar year preceding the year in which the agreement is entered into
or in which the modification of the agreement making it applicable to such
services, is entered into, except that an agreement or modification entered into
after December 31, 1955, and prior to January 1, 1960, shall be effective with
respect to services performed after December 31, 1955; or after a later date
specified in such modification.
d. All services, which constitute employment as defined in section 52-10-02 and are
performed in the employ of the state by employees of the state, shall be covered
by the agreement; all services which constitute employment as defined in section
52-10-02 and are performed in the employ of any municipality except elected
officials, shall be covered by the agreement, notwithstanding the provisions of
section 52-10-05, which provides for plans for coverage of employees.
e. All services, which constitute employment as defined in section 52-10-02, 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 state agency under section 52-10-05, shall be covered by the
agreement.
f. The agreement shall include all services described in either subdivision d or e
and performed by individuals to whom section 218(c)(3)(C) of the Social Security
Act [42 U.S.C. 418] is applicable, and shall provide that the service of any such
individual shall continue to be covered by the agreement in case the individual
thereafter becomes eligible to be a member of the retirement system.
g. The agreement shall include all services described in either subdivision d or e
and performed by individuals in positions covered by a retirement system with
respect to which the governor has issued a certificate to the secretary of health
and human services pursuant to subsection 2 of section 52-10-07.
2. Any instrumentality jointly created by this state and any other state or states is hereby
authorized, upon the granting of like authority by such other state or states:

a. To enter into an agreement with the secretary of health and human services by
which the benefits of the federal old-age and survivors' 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 under
subsection 1 of section 52-10-04 if they were covered by an agreement made
pursuant to subsection 1; and
c. To make payments to the 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 and other provisions of this chapter.