§ 206. Plans for coverage of employes of political subdivisions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 65 P.S. Public Officers
65 P.S. § 206
§ 206. Plans for coverage of employes of political subdivisions
(a) Each political subdivision or instrumentality thereof of the Commonwealth is hereby authorized to submit for approval by the State Agency a plan for extending the benefits of Title II of the Social Security Act,1 in conformity with applicable provisions of such act, to employes of such political subdivision. Each such plan and any amendment thereof shall be approved by the State Agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the State Agency, except that no such plan shall be approved unless--
(2) it provides that all services which constitute employment, as defined in section two,4 and are performed in the employ of the political subdivision or instrumentality thereof by employes thereof, shall be covered by the plan, except that it may exclude services rendered by individuals to whom section 218(c)(3) and (5) of the Social Security Act5 is applicable;
(5) it provides that the political subdivision or instrumentality thereof will make such reports, in such form and containing such information as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Federal Agency may from time to time find necessary to assure the correctness and verification of such reports; and,
(6) it authorizes the State Agency to terminate the plan in its entirety, in the discretion of the State Agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the State Agency and may be consistent with the provisions of the Social Security Act.
(b) The State Agency shall not finally refuse to approve a plan submitted by a political subdivision or instrumentality thereof under subsection (a), and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision or instrumentality thereof affected thereby.
(2) Each political subdivision or instrumentality thereof required to make payments under clause (1) of this subsection is authorized, in consideration of the employe's retention in or entry upon employment after enactment of this act, to impose upon each of its employes, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in section two of this act), not exceeding the amount of contributions by Commonwealth employes, as provided in subsection (a) of section five of this act,6 and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid as designated by the Federal Government.
(d) Delinquent payments due under clause (1) of subsection (c) may, with interest at the rate of six (6) per centum per annum, be recovered, by action in a court of competent jurisdiction, against the political subdivision or instrumentality thereof liable therefor, or may, at the request of the State Agency, be deducted from any other moneys payable to such political subdivision or instrumentality thereof by any department or agency of the Commonwealth.
Credits
1952, Jan. 5, P.L. (1951) 1833, § 6. Amended 1956, June 1, P.L. (1955) 1973, § 1; 1986, Dec. 15, P.L. 1615, No. 182, § 1, imd. effective.
Footnotes
42 U.S.C.A. § 401 et seq.
42 U.S.C.A. § 301 et seq.
65 P.S. § 204.
65 P.S. § 202.
42 U.S.C.A. § 418.
65 P.S. § 205(a).
65 P.S. § 206, PA ST 65 P.S. § 206
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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