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§ 206.1. Referenda and certification

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 65 P.S. Public Officers

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 65 P.S. Public Officers (Refs & Annos)
Chapter 10. Public Officer and Employee Social Security Contribution Law (Refs & Annos)
65 P.S. § 206.1
§ 206.1. Referenda and certification
(a) With respect to employes of the Commonwealth and employes of instrumentalities thereof who are members of the State employes retirement system, other than those who have elected membership in the division of the retirement system established for those members, who have filed with the retirement board a written statement that they do not elect Social Security coverage under any agreement with the Federal Secretary of Health, Education and Welfare entered into by the Commonwealth, or who have not filed any statement with the retirement board, the Governor is empowered to authorize a referendum. With respect to employes of any political subdivision other than an instrumentality of the Commonwealth whose employes are members of the State employes retirement system or a school district or vocational school district or joint school system, he shall authorize a referendum upon request of the governing body of the subdivision. With respect to the employes of school district or vocational school districts or joint school systems of the Commonwealth, the Governor shall authorize a referendum for the eligible membership of the public school employes retirement system, other than those who have elected membership in the division of the retirement system established for those members, who have filed with the retirement board a written statement that they do not elect Social Security coverage under any agreement with the Federal Secretary of Health, Education and Welfare entered into by the Commonwealth or who have not filed any statement with the retirement board, unless within sixty days of the issuance of official information concerning this act, including the liabilities to which any will be subject by the State agency, the governing bodies of at least forty per centum (40%) of the total number of school districts and vocational school districts shall notify the State agency, on a form to be supplied by it, that they do not desire a referendum to be held. Any referendum shall be conducted and the Governor shall designate an agency or individual to supervise its conduct in accordance with the requirements of section 218(d)(3) of the Social Security Act,1 on the question of whether service in positions covered by a retirement system established by the Commonwealth or by a political subdivision or instrumentality thereof should be excluded from, or included under, an agreement under this act. Information shall be given to all the members of the retirement system and shall contain a statement in form and detail as the agency or individual designated to supervise the referendum shall deem necessary to inform the members of the retirement system of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject if their services are included under an agreement under this act and of the changes, if any, proposed to be made in the provisions of their pension or retirement system at the time the agreement is entered into. The information shall be sufficient to illustrate to the member of the retirement system the total combined costs and benefits which will accrue from social security and the pension or retirement system or the proposed modifications thereof.
(b) Upon receiving evidence satisfactory to him that with respect to any referendum the conditions set forth in section 218(d)(3) of the Social Security Act have been met, the Governor shall so certify to the Federal Secretary of Health, Education and Welfare.
(c) Immediately after a favorable referendum of the eligible members of the public school employes retirement association, the services of all such employes of all school districts, vocational school districts and joint schools shall be included under the agreement with the Secretary of Health, Education and Welfare for the extension of old age and survivor's insurance protection as provided in the Federal Social Security Act.2 There shall likewise be included under such agreement the services of all other such employes in departments of the Commonwealth, who perform services in positions which are eligible for coverage under the public school employes retirement laws as well as any such eligible members of the public school retirement association not otherwise included by this subsection.

Credits

1952, Jan. 5, P.L. (1951) 1833, § 6.1, added 1956, June 1, P.L. (1955) 1973, § 1. Amended 1957, July 8, P.L. 550, § 2.

Footnotes

42 U.S.C.A. § 418.
42 U.S.C.A. § 301 et seq.
65 P.S. § 206.1, PA ST 65 P.S. § 206.1
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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