38-706. Referenda and certification
A. On request of the board of trustees of a retirement system established by this
state, the governor may authorize a referendum. On request of the governing body of any
political subdivision that has established a retirement system, the governor shall
authorize a referendum.
B. 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) of the social security act, on the question of whether service in positions
covered by the retirement system should be excluded from or included under an agreement
under this article. The notice of referendum required by section 218(d)(3)(C) of the
social security act to be given to employees shall contain or shall be accompanied by a
statement, in the form and detail deemed necessary and sufficient by the agency or
individual designated to supervise the referendum, to inform the employees of the rights
that 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
article.
C. On receipt of evidence satisfactory to the governor that with respect to any
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.
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