State Codes and Statutes

Statutes > New-york > Rss > Article-3 > 136

§  136. Agreements with political subdivisions.  1. By the adoption of  a resolution in the manner provided by subdivision a of  section  thirty  of  this  chapter, any political subdivision may elect to extend old-age  and survivors insurance coverage to its eligible employees  pursuant  to  this  article.  It  shall  thereupon  submit  to the director a proposed  agreement for obtaining such coverage for such employees. Such agreement  shall include such provisions as may be  required  by  the  director  to  effect the purposes of this article.    2.  The  director shall approve any such agreement or any modification  thereof which is in conformity with this article and the regulations  of  the  director, and such agreement or modification shall become effective  in accordance with the terms of such approval. Subject to the provisions  of the federal social security act,  any  such  agreement  may  be  made  retroactive  where  authorized  by  the  federal social security act, in  which event necessary contributions shall be made  to  the  contribution  fund  by  the  political  subdivision  and the employees covered by such  agreement for the period of employment prior to the date of approval  of  such  agreement.  No agreement or modification thereof shall be approved  unless:    a. It is in conformity with the requirements  of  the  federal  social  security  act  and  with  the agreement authorized to be entered into by  section one hundred thirty-three of this chapter.    b. It applies to all services which constitute  employment  and  which  are  performed  in  the  employ  of the political subdivision, provided,  however, that the director may  permit  such  political  subdivision  to  exclude  from  coverage  under  such  agreement,  in accordance with the  federal social security act, classes of employment  where  the  director  shall  determine  that old-age and survivors insurance coverage for such  classes is impracticable.    c. It provides for such methods of administration of the agreement  by  the  political  subdivision as are found by the director to be necessary  for the proper and efficient administration of the agreement.    d. It provides that the political subdivision will make such  reports,  in  such  form  and including such information, as the director may from  time to time request, and comply with such requirements as the  director  or  the federal secretary may from time to time find necessary to assure  the correctness and verification of such reports.    e. 1. Notwithstanding  any  other  provision  of  law,  the  board  of  estimate,  if there be one, or the local legislative body where there is  no board of estimate, of any political subdivision, in  its  discretion,  may  exclude  from  eligibility  for  membership in any local pension or  retirement system maintained  by  such  political  subdivision,  or  any  agency  thereof,  any  class  or  classes of offices or positions in the  service of such political subdivision,  or  any  agency  thereof,  where  coverage  of  such  class  or classes by old-age and survivors insurance  under the federal  social  security  act  would,  in  its  judgment,  be  advantageous to those serving in such class or classes. The exclusion of  any  such class or classes shall not become effective until an agreement  shall have been entered into with  the  state  of  New  York  to  extend  old-age  and  survivors  insurance coverage for such class or classes as  provided in this article. The exclusion of any  such  class  or  classes  shall  not  affect the membership of any officer or employee in any such  pension or retirement system.    2. Nothing in this section shall be construed to deny to any member of  any local  pension  or  retirement  system  maintained  by  a  political  subdivision, or any agency thereof, of credit therein for service in any  position  for  any  period during which old-age and survivor's insurance  coverage under the federal social security act  was  provided  for  suchposition  and  during  which incumbents of such position were ineligible  for membership in any such pension or retirement system.    3. The power to exclude employees from eligibility for membership in a  local  pension or retirement system pursuant to subparagraph one of this  paragraph e shall terminate with respect to any such system on  the  day  after  the  modification  extending  the old-age and survivors insurance  system to any position covered by such system is executed.

State Codes and Statutes

Statutes > New-york > Rss > Article-3 > 136

§  136. Agreements with political subdivisions.  1. By the adoption of  a resolution in the manner provided by subdivision a of  section  thirty  of  this  chapter, any political subdivision may elect to extend old-age  and survivors insurance coverage to its eligible employees  pursuant  to  this  article.  It  shall  thereupon  submit  to the director a proposed  agreement for obtaining such coverage for such employees. Such agreement  shall include such provisions as may be  required  by  the  director  to  effect the purposes of this article.    2.  The  director shall approve any such agreement or any modification  thereof which is in conformity with this article and the regulations  of  the  director, and such agreement or modification shall become effective  in accordance with the terms of such approval. Subject to the provisions  of the federal social security act,  any  such  agreement  may  be  made  retroactive  where  authorized  by  the  federal social security act, in  which event necessary contributions shall be made  to  the  contribution  fund  by  the  political  subdivision  and the employees covered by such  agreement for the period of employment prior to the date of approval  of  such  agreement.  No agreement or modification thereof shall be approved  unless:    a. It is in conformity with the requirements  of  the  federal  social  security  act  and  with  the agreement authorized to be entered into by  section one hundred thirty-three of this chapter.    b. It applies to all services which constitute  employment  and  which  are  performed  in  the  employ  of the political subdivision, provided,  however, that the director may  permit  such  political  subdivision  to  exclude  from  coverage  under  such  agreement,  in accordance with the  federal social security act, classes of employment  where  the  director  shall  determine  that old-age and survivors insurance coverage for such  classes is impracticable.    c. It provides for such methods of administration of the agreement  by  the  political  subdivision as are found by the director to be necessary  for the proper and efficient administration of the agreement.    d. It provides that the political subdivision will make such  reports,  in  such  form  and including such information, as the director may from  time to time request, and comply with such requirements as the  director  or  the federal secretary may from time to time find necessary to assure  the correctness and verification of such reports.    e. 1. Notwithstanding  any  other  provision  of  law,  the  board  of  estimate,  if there be one, or the local legislative body where there is  no board of estimate, of any political subdivision, in  its  discretion,  may  exclude  from  eligibility  for  membership in any local pension or  retirement system maintained  by  such  political  subdivision,  or  any  agency  thereof,  any  class  or  classes of offices or positions in the  service of such political subdivision,  or  any  agency  thereof,  where  coverage  of  such  class  or classes by old-age and survivors insurance  under the federal  social  security  act  would,  in  its  judgment,  be  advantageous to those serving in such class or classes. The exclusion of  any  such class or classes shall not become effective until an agreement  shall have been entered into with  the  state  of  New  York  to  extend  old-age  and  survivors  insurance coverage for such class or classes as  provided in this article. The exclusion of any  such  class  or  classes  shall  not  affect the membership of any officer or employee in any such  pension or retirement system.    2. Nothing in this section shall be construed to deny to any member of  any local  pension  or  retirement  system  maintained  by  a  political  subdivision, or any agency thereof, of credit therein for service in any  position  for  any  period during which old-age and survivor's insurance  coverage under the federal social security act  was  provided  for  suchposition  and  during  which incumbents of such position were ineligible  for membership in any such pension or retirement system.    3. The power to exclude employees from eligibility for membership in a  local  pension or retirement system pursuant to subparagraph one of this  paragraph e shall terminate with respect to any such system on  the  day  after  the  modification  extending  the old-age and survivors insurance  system to any position covered by such system is executed.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rss > Article-3 > 136

§  136. Agreements with political subdivisions.  1. By the adoption of  a resolution in the manner provided by subdivision a of  section  thirty  of  this  chapter, any political subdivision may elect to extend old-age  and survivors insurance coverage to its eligible employees  pursuant  to  this  article.  It  shall  thereupon  submit  to the director a proposed  agreement for obtaining such coverage for such employees. Such agreement  shall include such provisions as may be  required  by  the  director  to  effect the purposes of this article.    2.  The  director shall approve any such agreement or any modification  thereof which is in conformity with this article and the regulations  of  the  director, and such agreement or modification shall become effective  in accordance with the terms of such approval. Subject to the provisions  of the federal social security act,  any  such  agreement  may  be  made  retroactive  where  authorized  by  the  federal social security act, in  which event necessary contributions shall be made  to  the  contribution  fund  by  the  political  subdivision  and the employees covered by such  agreement for the period of employment prior to the date of approval  of  such  agreement.  No agreement or modification thereof shall be approved  unless:    a. It is in conformity with the requirements  of  the  federal  social  security  act  and  with  the agreement authorized to be entered into by  section one hundred thirty-three of this chapter.    b. It applies to all services which constitute  employment  and  which  are  performed  in  the  employ  of the political subdivision, provided,  however, that the director may  permit  such  political  subdivision  to  exclude  from  coverage  under  such  agreement,  in accordance with the  federal social security act, classes of employment  where  the  director  shall  determine  that old-age and survivors insurance coverage for such  classes is impracticable.    c. It provides for such methods of administration of the agreement  by  the  political  subdivision as are found by the director to be necessary  for the proper and efficient administration of the agreement.    d. It provides that the political subdivision will make such  reports,  in  such  form  and including such information, as the director may from  time to time request, and comply with such requirements as the  director  or  the federal secretary may from time to time find necessary to assure  the correctness and verification of such reports.    e. 1. Notwithstanding  any  other  provision  of  law,  the  board  of  estimate,  if there be one, or the local legislative body where there is  no board of estimate, of any political subdivision, in  its  discretion,  may  exclude  from  eligibility  for  membership in any local pension or  retirement system maintained  by  such  political  subdivision,  or  any  agency  thereof,  any  class  or  classes of offices or positions in the  service of such political subdivision,  or  any  agency  thereof,  where  coverage  of  such  class  or classes by old-age and survivors insurance  under the federal  social  security  act  would,  in  its  judgment,  be  advantageous to those serving in such class or classes. The exclusion of  any  such class or classes shall not become effective until an agreement  shall have been entered into with  the  state  of  New  York  to  extend  old-age  and  survivors  insurance coverage for such class or classes as  provided in this article. The exclusion of any  such  class  or  classes  shall  not  affect the membership of any officer or employee in any such  pension or retirement system.    2. Nothing in this section shall be construed to deny to any member of  any local  pension  or  retirement  system  maintained  by  a  political  subdivision, or any agency thereof, of credit therein for service in any  position  for  any  period during which old-age and survivor's insurance  coverage under the federal social security act  was  provided  for  suchposition  and  during  which incumbents of such position were ineligible  for membership in any such pension or retirement system.    3. The power to exclude employees from eligibility for membership in a  local  pension or retirement system pursuant to subparagraph one of this  paragraph e shall terminate with respect to any such system on  the  day  after  the  modification  extending  the old-age and survivors insurance  system to any position covered by such system is executed.