§88-212  Federal-state agreement.  The
state agency, with the approval of the governor, may enter on behalf of the
State into an agreement with the Secretary of Health and Human Services,
consistent with the terms and provisions of this part, for the purpose of
extending the benefits of the federal old age and survivors insurance system to
employees of the State or any political subdivision thereof with respect to
services specified in the agreement which constitute "employment" as
defined in section 88-211.  The agreement may contain such provisions relating
to coverage, benefits, contributions, effective date, modification, and
termination of the agreement, administration, and other appropriate provisions
as the state agency and Secretary of Health and Human Services, shall agree
upon, but, except as may be otherwise required by or under the Social Security
Act as to the services to be covered, the agreement shall provide in effect
that:



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



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



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



(4)  All services which constitute employment as
defined in section 88-211 and are performed in the employ of the State by
employees of the State, shall be covered by the agreement; provided that except
for purposes of paragraph (6) of [this] section, services of state employees
may be covered under the agreement at such times, as members of the coverage
group 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 Social
Security Act, including section 218(c)(3)(C) thereof) as may be decided upon by
the state agency with the approval of the governor, as evidenced by the
governor's approval of the pertinent agreement or modification thereto;



(5)  All services which (A) constitute employment as
defined in section 88-211, (B) are performed in the employ of a political
subdivision of the State, and (C) are covered by a plan which is in conformity
with the terms of the agreement and has been approved by the state agency under
section 88-218, shall be covered by the agreement;



(6)  As modified the agreement shall include all
service described in paragraph (4) and may include all service described in
paragraph (5) 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 of Health and Human Services pursuant to section
88-219. [L 1953, c 217, §3; RL 1955, §6-191; am L 1957, c 284, §§3, 4, 6; am L
1959, c 194, §2; HRS §88-212; gen ch 1985; am L 2004, c 176, §5]



 



Note



 



  United States Department of Health and Human Services
renamed.