§ 136 — Agreements with political subdivisions

§ 136. Agreements with political subdivisions. 1. By the adoption of\na resolution in the manner provided by subdivision a of section thirty\nof this chapter, any political subdivision may elect to extend old-age\nand survivors insurance coverage to its eligible employees pursuant to\nthis article. It shall thereupon submit to the director a proposed\nagreement for obtaining such coverage for such employees. Such agreement\nshall include such provisions as may be required by the director to\neffect the purposes of this article.\n 2. The director shall approve any such agreement or any modification\nthereof which is in conformity with this article and the regulations of\nthe director, and such agreement or modification shall become effective\nin accordance with the terms of such approval. Subject to the provisions\nof the federal social security act, any such agreement may be made\nretroactive where authorized by the federal social security act, in\nwhich event necessary contributions shall be made to the contribution\nfund by the political subdivision and the employees covered by such\nagreement for the period of employment prior to the date of approval of\nsuch agreement. No agreement or modification thereof shall be approved\nunless:\n a. It is in conformity with the requirements of the federal social\nsecurity act and with the agreement authorized to be entered into by\nsection one hundred thirty-three of this chapter.\n b. It applies to all services which constitute employment and which\nare performed in the employ of the political subdivision, provided,\nhowever, that the director may permit such political subdivision to\nexclude from coverage under such agreement, in accordance with the\nfederal social security act, classes of employment where the director\nshall determine that old-age and survivors insurance coverage for such\nclasses is impracticable.\n c. It provides for such methods of administration of the agreement by\nthe political subdivision as are found by the director to be necessary\nfor the proper and efficient administration of the agreement.\n d. It provides that the political subdivision will make such reports,\nin such form and including such information, as the director may from\ntime to time request, and comply with such requirements as the director\nor the federal secretary may from time to time find necessary to assure\nthe correctness and verification of such reports.\n e. 1. Notwithstanding any other provision of law, the board of\nestimate, if there be one, or the local legislative body where there is\nno board of estimate, of any political subdivision, in its discretion,\nmay exclude from eligibility for membership in any local pension or\nretirement system maintained by such political subdivision, or any\nagency thereof, any class or classes of offices or positions in the\nservice of such political subdivision, or any agency thereof, where\ncoverage of such class or classes by old-age and survivors insurance\nunder the federal social security act would, in its judgment, be\nadvantageous to those serving in such class or classes. The exclusion of\nany such class or classes shall not become effective until an agreement\nshall have been entered into with the state of New York to extend\nold-age and survivors insurance coverage for such class or classes as\nprovided in this article. The exclusion of any such class or classes\nshall not affect the membership of any officer or employee in any such\npension or retirement system.\n 2. Nothing in this section shall be construed to deny to any member of\nany local pension or retirement system maintained by a political\nsubdivision, or any agency thereof, of credit therein for service in any\nposition for any period during which old-age and survivor's insurance\ncoverage under the federal social security act was provided for such\nposition and during which incumbents of such position were ineligible\nfor membership in any such pension or retirement system.\n 3. The power to exclude employees from eligibility for membership in a\nlocal pension or retirement system pursuant to subparagraph one of this\nparagraph e shall terminate with respect to any such system on the day\nafter the modification extending the old-age and survivors insurance\nsystem to any position covered by such system is executed.\n