§88-218  Plans for coverage of employees ofpolitical subdivision.  Each political subdivision of the State may submitfor approval by the state agency a plan for extending the benefits of Title IIof the Social Security Act, in conformity with applicable provisions of theAct, to employees of the political subdivision.  Each plan and any amendmentthereof shall be approved by the state agency if it finds that the plan, or theplan as amended, conforms with such requirements provided in regulations of thestate agency, except that no plan shall be approved unless:

(1)  It conforms with the requirements of the SocialSecurity Act and with the agreement entered into under section 88-212;

(2)  It provides that all services which constituteemployment as defined in section 88-211 and are performed in the employ of thepolitical subdivision by employees thereof, shall be covered by the plan,except that it may exclude services performed by individuals to whom section218(c)(3)(C) of the Social Security Act is applicable;

(3)  It specifies the source or sources from which thefunds necessary to make the payments required by section 88-221 and by section88-223 are expected to be derived and contains reasonable assurance that thesources will be adequate for the purpose;

(4)  It provides for such methods of administration ofthe plan by the political subdivision as are found by the state agency to benecessary for the proper and efficient administration of the plan;

(5)  It provides that the political subdivision willmake such reports, in such form and containing such information, as the stateagency may from time to time require, and comply with such provisions as thestate agency or the Secretary of Health and Human Services may from time totime find necessary to assure the correctness and verification of the reports;

(6)  It authorizes the state agency to terminate theplan in its entirety, in the discretion of the state agency, if it finds thatthere has been a failure to comply substantially with any provision containedin the plan, the termination to take effect at the expiration of the notice andon such conditions as may be provided by regulations of the state agency andmay be consistent with the provisions of the Social Security Act. [L 1953, c217, §5(a); RL 1955, §6-195; am L 1957, c 284, §§3, 8; HRS §88-218; am L 2004,c 176, §5]

 

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  United States Department of Health and Human Servicesrenamed.