§ 36-7-3. Agreement with federal government.
The general treasurer of the state is hereby authorized to enter, on behalf of the
state, into an agreement with the secretary, consistent with the terms and provisions
of this chapter, for the purpose of extending the benefits of the old age and survivors
insurance provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq., to employees of any city or town or agency of the state with respect to
services specified in the agreement which constitute employment as defined in § 36-7-2. The agreement may contain provisions relating to coverage, benefits, contributions,
effective date, modification, and termination of the agreement, administration, and
other appropriate provisions as the general treasurer and the secretary shall agree
upon, but, except as may otherwise be required by or under the federal Social Security
Act as to the services to be covered, the agreement shall provide in effect that:
(1) Benefits will be provided for employees included in the coverage groups to which the
agreement is made applicable on the same basis as though the services constituted
employment within the meaning of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq.
(2) The state will pay the secretary of the treasury at such time or times as may be prescribed
under the federal Social Security Act, contributions with respect to wages (as herein
defined) equal to the sum of the taxes which would be imposed by §§ 3101 and 3111
of the federal Insurance Contributions Act, 26 U.S.C. §§ 3101 and 3111, or as that act may be amended from time to time, on all participants under this
agreement, including cities, towns, and agencies of the state and all participating
employees thereof, if the services covered by the agreement constituted employment
within the meaning of that act.
(3) The agreement or any modification of the agreement shall be effective with respect
to services in employment covered by the agreement or any modification of the agreement
after a date specified therein.
(4) All services which constitute employment as herein defined, which are performed in
the employ of any city, town, or agency of the state and are included under a method
of coverage which conforms to the terms and conditions of the agreement are covered
thereunder.
(5) As modified, the agreement shall include all services described in subdivision (4)
of this section and performed by individuals to whom § 218(c)(3)(B) of the federal
Social Security Act, 42 U.S.C. § 418(c)(3)(B), is applicable and shall provide that the service of the individual shall continue
to be covered by the agreement in case he or she thereafter becomes eligible to be
a member of a retirement system; and as modified, the agreement shall include all
services described in subdivision (4) of this section and performed by individuals
in positions covered by a retirement system with respect to which the governor has
issued a certificate to the secretary pursuant to § 36-7-19.