§88-212  Federal-state agreement.  Thestate agency, with the approval of the governor, may enter on behalf of theState into an agreement with the Secretary of Health and Human Services,consistent with the terms and provisions of this part, for the purpose ofextending the benefits of the federal old age and survivors insurance system toemployees of the State or any political subdivision thereof with respect toservices specified in the agreement which constitute "employment" asdefined in section 88-211.  The agreement may contain such provisions relatingto coverage, benefits, contributions, effective date, modification, andtermination of the agreement, administration, and other appropriate provisionsas the state agency and Secretary of Health and Human Services, shall agreeupon, but, except as may be otherwise required by or under the Social SecurityAct as to the services to be covered, the agreement shall provide in effectthat:

(1)  Benefits will be provided for employees whoseservices are covered by the agreement (and their dependents and survivors) onthe same basis as though the services constituted employment within the meaningof Title II of the Social Security Act;

(2)  The State will pay to the Secretary of theTreasury, at such time or times as may be prescribed under the Social SecurityAct, contributions with respect to wages (as defined in section 88-211), equalto the sum of the taxes which would be imposed by the Federal InsuranceContributions Act if the services covered by the agreement constitutedemployment within the meaning of that Act;

(3)  Such agreement shall be effective with respect toservices in employment covered by the agreement performed after a datespecified therein but in no event may it be effective with respect to any suchservices performed prior to the first day of January 1951;

(4)  All services which constitute employment asdefined in section 88-211 and are performed in the employ of the State byemployees of the State, shall be covered by the agreement; provided that exceptfor purposes of paragraph (6) of [this] section, services of state employeesmay be covered under the agreement at such times, as members of the coveragegroup or groups (as defined in section 218(b)(5) of the Social Security Act),and with such optional exclusions (as permitted by section 218(c) of the SocialSecurity Act, including section 218(c)(3)(C) thereof) as may be decided upon bythe state agency with the approval of the governor, as evidenced by thegovernor's approval of the pertinent agreement or modification thereto;

(5)  All services which (A) constitute employment asdefined in section 88-211, (B) are performed in the employ of a politicalsubdivision of the State, and (C) are covered by a plan which is in conformitywith the terms of the agreement and has been approved by the state agency undersection 88-218, shall be covered by the agreement;

(6)  As modified the agreement shall include allservice described in paragraph (4) and may include all service described inparagraph (5) of this section and performed by individuals in positions coveredby a retirement system with respect to which the governor has issued acertificate to the Secretary of Health and Human Services pursuant to section88-219. [L 1953, c 217, §3; RL 1955, §6-191; am L 1957, c 284, §§3, 4, 6; am L1959, c 194, §2; HRS §88-212; gen ch 1985; am L 2004, c 176, §5]

 

Note

 

  United States Department of Health and Human Servicesrenamed.