§ 52-10-07 — Referenda and certification

1. With respect to employees of any political subdivision who are under a locally
administered retirement system, the governor shall authorize a referendum upon
request of the governing body of such subdivision; and with respect to employees
covered by any other retirement system, the governor may authorize a referendum;
and in either case the referendum must 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) of the Social Security Act [42 U.S.C. 418], on the
question of whether service in positions covered by a retirement system established by
the state or by a political subdivision thereof should be excluded from or included
under an agreement under this chapter. The notice of referendum required by
section 218(d)(3)(C) of the Social Security Act [42 U.S.C. 418] to be given to
employees must contain or must 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.
2. Upon receiving evidence satisfactory to the governor that with respect to any such
referendum the conditions specified in section 218(d)(3) of the Social Security Act [42
U.S.C. 418] have been met, the governor, or an official designated by the governor to
act in the governor's behalf in respect to this subsection, shall so certify to the
secretary of health and human services.