IC 5-10.1-3
Chapter 3. Coverage of Employees of Political Subdivisions
IC 5-10.1-3-1 Authorization
Sec. 1. Authorization. Each political subdivision without a
retirement system for its employees may submit for approval by the
state agency a plan for extending the Social Security Act to its
employees. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-2 Approval of plan
Sec. 2. Approval of the Plan. The state agency shall approve the
plan and any amendments if they conform to the agreement and the
regulations of the state agency. The state agency may not finally
disapprove a plan or terminate an approved plan without reasonable
notice and opportunity for a hearing for the political subdivision. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-3 Required elements of plan
Sec. 3. Required Elements of the Plan. The plan must:
(1) be in conformity with the requirements of the Social
Security Act and with the agreement;
(2) provide that all services covered by the federal-state
agreement in employment for the political subdivision is
covered by the plan, except that it may exclude services to
which section 218(c)(3)(C) of the Social Security Act is
applicable;
(3) specify the source from which the funds necessary to make
the payments required of the political subdivision by this article
are expected to be derived and contain reasonable assurance
that the source will be adequate for that purpose;
(4) provide for such methods of administration of the plan by
the political subdivision as are found by the state agency to be
necessary for the proper administration of the plan;
(5) provide that the political subdivision shall:
(A) make such reports as the state agency requires; and
(B) comply with such provisions as the state agency or the
federal administrator finds necessary to assure the
correctness of the reports; and
(6) authorize the state agency to terminate the plan in its
entirety if the state agency finds a failure to comply
substantially with any provision of the plan. The termination
takes effect at the expiration of such notice and on such
conditions as are provided by the state agency, in accordance
with the Social Security Act. As added by Acts 1977, P.L.53, SEC.1. IC 5-10.1-3-4 Ordinances
Sec. 4. Ordinances. (a) Employees of a political subdivision
without a retirement system are entitled to coverage by the Social
Security Act if:
(1) the governing body passes an ordinance or resolution which
it submits to the state agency within ten (10) days after passage;
(2) the ordinance contains an effective date for coverage which
must be January 1 of any year;
(3) the ordinance is approved by the state agency; and
(4) the political subdivision and the federal administrator
approve an agreement for the political subdivision which
conforms to the federal-state agreement submitted by the state
agency.
(b) On approval, the state agency shall furnish to the governing
body an estimate of the costs for the first year of coverage. After the
first year, the state agency shall certify to the governing body before
July 2 of each year the amount of estimated costs for the next
calendar year which amount if it is to be raised by a general property
tax levy shall be included in the appropriation ordinance as provided
in law for raising taxes assessed against property. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-5 Participation in public employees' retirement fund
Sec. 5. Participation in the Public Employees' Retirement Fund.
A political subdivision which is eligible to become a participant in
the public employees' retirement fund may be covered by the Social
Security Act by becoming a participant as specified in IC 5-10.3-6.
If the political subdivision has a retirement system, it must follow the
procedures specified in chapter 4 of this article. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3
Chapter 3. Coverage of Employees of Political Subdivisions
IC 5-10.1-3-1 Authorization
Sec. 1. Authorization. Each political subdivision without a
retirement system for its employees may submit for approval by the
state agency a plan for extending the Social Security Act to its
employees. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-2 Approval of plan
Sec. 2. Approval of the Plan. The state agency shall approve the
plan and any amendments if they conform to the agreement and the
regulations of the state agency. The state agency may not finally
disapprove a plan or terminate an approved plan without reasonable
notice and opportunity for a hearing for the political subdivision. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-3 Required elements of plan
Sec. 3. Required Elements of the Plan. The plan must:
(1) be in conformity with the requirements of the Social
Security Act and with the agreement;
(2) provide that all services covered by the federal-state
agreement in employment for the political subdivision is
covered by the plan, except that it may exclude services to
which section 218(c)(3)(C) of the Social Security Act is
applicable;
(3) specify the source from which the funds necessary to make
the payments required of the political subdivision by this article
are expected to be derived and contain reasonable assurance
that the source will be adequate for that purpose;
(4) provide for such methods of administration of the plan by
the political subdivision as are found by the state agency to be
necessary for the proper administration of the plan;
(5) provide that the political subdivision shall:
(A) make such reports as the state agency requires; and
(B) comply with such provisions as the state agency or the
federal administrator finds necessary to assure the
correctness of the reports; and
(6) authorize the state agency to terminate the plan in its
entirety if the state agency finds a failure to comply
substantially with any provision of the plan. The termination
takes effect at the expiration of such notice and on such
conditions as are provided by the state agency, in accordance
with the Social Security Act. As added by Acts 1977, P.L.53, SEC.1. IC 5-10.1-3-4 Ordinances
Sec. 4. Ordinances. (a) Employees of a political subdivision
without a retirement system are entitled to coverage by the Social
Security Act if:
(1) the governing body passes an ordinance or resolution which
it submits to the state agency within ten (10) days after passage;
(2) the ordinance contains an effective date for coverage which
must be January 1 of any year;
(3) the ordinance is approved by the state agency; and
(4) the political subdivision and the federal administrator
approve an agreement for the political subdivision which
conforms to the federal-state agreement submitted by the state
agency.
(b) On approval, the state agency shall furnish to the governing
body an estimate of the costs for the first year of coverage. After the
first year, the state agency shall certify to the governing body before
July 2 of each year the amount of estimated costs for the next
calendar year which amount if it is to be raised by a general property
tax levy shall be included in the appropriation ordinance as provided
in law for raising taxes assessed against property. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-5 Participation in public employees' retirement fund
Sec. 5. Participation in the Public Employees' Retirement Fund.
A political subdivision which is eligible to become a participant in
the public employees' retirement fund may be covered by the Social
Security Act by becoming a participant as specified in IC 5-10.3-6.
If the political subdivision has a retirement system, it must follow the
procedures specified in chapter 4 of this article. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3
Chapter 3. Coverage of Employees of Political Subdivisions
IC 5-10.1-3-1 Authorization
Sec. 1. Authorization. Each political subdivision without a
retirement system for its employees may submit for approval by the
state agency a plan for extending the Social Security Act to its
employees. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-2 Approval of plan
Sec. 2. Approval of the Plan. The state agency shall approve the
plan and any amendments if they conform to the agreement and the
regulations of the state agency. The state agency may not finally
disapprove a plan or terminate an approved plan without reasonable
notice and opportunity for a hearing for the political subdivision. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-3 Required elements of plan
Sec. 3. Required Elements of the Plan. The plan must:
(1) be in conformity with the requirements of the Social
Security Act and with the agreement;
(2) provide that all services covered by the federal-state
agreement in employment for the political subdivision is
covered by the plan, except that it may exclude services to
which section 218(c)(3)(C) of the Social Security Act is
applicable;
(3) specify the source from which the funds necessary to make
the payments required of the political subdivision by this article
are expected to be derived and contain reasonable assurance
that the source will be adequate for that purpose;
(4) provide for such methods of administration of the plan by
the political subdivision as are found by the state agency to be
necessary for the proper administration of the plan;
(5) provide that the political subdivision shall:
(A) make such reports as the state agency requires; and
(B) comply with such provisions as the state agency or the
federal administrator finds necessary to assure the
correctness of the reports; and
(6) authorize the state agency to terminate the plan in its
entirety if the state agency finds a failure to comply
substantially with any provision of the plan. The termination
takes effect at the expiration of such notice and on such
conditions as are provided by the state agency, in accordance
with the Social Security Act. As added by Acts 1977, P.L.53, SEC.1. IC 5-10.1-3-4 Ordinances
Sec. 4. Ordinances. (a) Employees of a political subdivision
without a retirement system are entitled to coverage by the Social
Security Act if:
(1) the governing body passes an ordinance or resolution which
it submits to the state agency within ten (10) days after passage;
(2) the ordinance contains an effective date for coverage which
must be January 1 of any year;
(3) the ordinance is approved by the state agency; and
(4) the political subdivision and the federal administrator
approve an agreement for the political subdivision which
conforms to the federal-state agreement submitted by the state
agency.
(b) On approval, the state agency shall furnish to the governing
body an estimate of the costs for the first year of coverage. After the
first year, the state agency shall certify to the governing body before
July 2 of each year the amount of estimated costs for the next
calendar year which amount if it is to be raised by a general property
tax levy shall be included in the appropriation ordinance as provided
in law for raising taxes assessed against property. As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-3-5 Participation in public employees' retirement fund
Sec. 5. Participation in the Public Employees' Retirement Fund.
A political subdivision which is eligible to become a participant in
the public employees' retirement fund may be covered by the Social
Security Act by becoming a participant as specified in IC 5-10.3-6.
If the political subdivision has a retirement system, it must follow the
procedures specified in chapter 4 of this article. As added by Acts 1977, P.L.53, SEC.1.
