State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-29

§135‑29.  Referenda and certification.

(a)        With respect toemployees of the State and any other individuals covered by Article 1 ofChapter 135 of the General Statutes, Volume 17, as amended and as may behereafter amended, the Governor is empowered to authorize a referendum, andwith respect to the employees of any political subdivision he shall authorize areferendum upon request of the governing body of such vision covered by Article3 of Chapter 128 of the General Statutes, Volume 16, as amended and as the samemay be hereafter amended, or by some other retirement system established eitherby the State or by the political subdivision; and in either case the referendumshall be conducted, and the Governor shall designate an agency or individual tosupervise its conduct, in accordance with the requirements of section 218(d)(3)of the Social Security Act, on the question of whether service in positionscovered by a retirement system established by the State or by a politicalsubdivision thereof should be excluded from or included under an agreementunder this Article. The notice of referendum required by section 218(d)(3)(C)of the Social Security Act to be given to employees shall contain or shall beaccompanied by a statement, in such form and such detail as the agency or theindividual designated to supervise the referendum shall deem necessary andsufficient, to inform the employees of the rights which will accrue to them andtheir dependents and survivors, and the liabilities to which they will be subject,if their services are included under an agreement under this Article.

(b)        Upon receivingevidence satisfactory to him that with respect to any such referendum theconditions specified in section 218(d)(3) of the Social Security Act have beenmet, the Governor or such State official as may be designated by him, shall socertify to the Secretary of Health, Education and Welfare. (1955,c. 1154, s. 11; 1961, c. 516, s. 8.)