42 U.S.C. § 418 : US Code - Section 418: Voluntary agreements for coverage of State and local employees

Search 42 U.S.C. § 418 : US Code - Section 418: Voluntary agreements for coverage of State and local employees

(a) Purpose of agreement
(1) The Commissioner of Social Security shall, at the request of
any State, enter into an agreement with such State for the purpose
of extending the insurance system established by this subchapter to
services performed by individuals as employees of such State or any
political subdivision thereof. Each such agreement shall contain
such provisions, not inconsistent with the provisions of this
section, as the State may request.
(2) Notwithstanding section 410(a) of this title, for the
purposes of this subchapter the term "employment" includes any
service included under an agreement entered into under this
section.
(b) Definitions
For the purposes of this section -
(1) The term "State" does not include the District of Columbia,
Guam, or American Samoa.
(2) The term "political subdivision" includes an
instrumentality of (A) a State, (B) one or more political
subdivisions of a State, or (C) a State and one or more of its
political subdivisions.
(3) The term "employee" includes an officer of a State or
political subdivision.
(4) The term "retirement system" means a pension, annuity,
retirement, or similar fund or system established by a State or
by a political subdivision thereof.
(5) The term "coverage group" means (A) employees of the State
other than those engaged in performing service in connection with
a proprietary function; (B) employees of a political subdivision
of a State other than those engaged in performing service in
connection with a proprietary function; (C) employees of a State
engaged in performing service in connection with a single
proprietary function; or (D) employees of a political subdivision
of a State engaged in performing service in connection with a
single proprietary function. If under the preceding sentence an
employee would be included in more than one coverage group by
reason of the fact that he performs service in connection with
two or more proprietary functions or in connection with both a
proprietary function and a nonproprietary function, he shall be
included in only one such coverage group. The determination of
the coverage group in which such employee shall be included shall
be made in such manner as may be specified in the agreement.
Persons employed under section 709 of title 32, who elected under
section 6 of the National Guard Technicians Act of 1968 to remain
covered by an employee retirement system of, or plan sponsored
by, a State or the Commonwealth of Puerto Rico, shall, for the
purposes of this chapter, be employees of the State or the
Commonwealth of Puerto Rico and (notwithstanding the preceding
provisions of this paragraph), shall be deemed to be a separate
coverage group. For purposes of this section, individuals
employed pursuant to an agreement, entered into pursuant to
section 1624 of title 7 or section 499n of title 7, between a
State and the United States Department of Agriculture to perform
services as inspectors of agricultural products may be deemed, at
the option of the State, to be employees of the State and
(notwithstanding the preceding provisions of this paragraph)
shall be deemed to be a separate coverage group.
(c) Services covered
(1) An agreement under this section shall be applicable to any
one or more coverage groups designated by the State.
(2) In the case of each coverage group to which the agreement
applies, the agreement must include all services (other than
services excluded by or pursuant to subsection (d) or paragraph
(3), (5), or (6) of this subsection) performed by individuals as
members of such group.
(3) Such agreement shall, if the State requests it, exclude (in
the case of any coverage group) any one or more of the following:
(A) All services in any class or classes of (i) elective
positions, (ii) part-time positions, or (iii) positions the
compensation for which is on a fee basis;
(B) All services performed by individuals as members of a
coverage group in positions covered by a retirement system on the
date such agreement is made applicable to such coverage group,
but only in the case of individuals who, on such date (or, if
later, the date on which they first occupy such positions), are
not eligible to become members of such system and whose services
in such positions have not already been included under such
agreement pursuant to subsection (d)(3) of this section.
(4) The Commissioner of Social Security shall, at the request of
any State, modify the agreement with such State so as to (A)
include any coverage group to which the agreement did not
previously apply, or (B) include, in the case of any coverage group
to which the agreement applies, services previously excluded from
the agreement; but the agreement as so modified may not be
inconsistent with the provisions of this section applicable in the
case of an original agreement with a State. A modification of an
agreement pursuant to clause (B) of the preceding sentence may
apply to individuals to whom paragraph (3)(B) of this subsection is
applicable (whether or not the previous exclusion of the service of
such individuals was pursuant to such paragraph), but only if such
individuals are, on the effective date specified in such
modification, ineligible to be members of any retirement system or
if the modification with respect to such individuals is pursuant to
subsection (d)(3) of this section.
(5) Such agreement shall, if the State requests it, exclude (in
the case of any coverage group) any agricultural labor, or service
performed by a student, designated by the State. This paragraph
shall apply only with respect to service which is excluded from
employment by any provision of section 410(a) of this title other
than paragraph (7) of such section and service the remuneration for
which is excluded from wages by subparagraph (B) of section
409(a)(7) of this title.
(6) Such agreement shall exclude -
(A) service performed by an individual who is employed to
relieve him from unemployment,
(B) service performed in a hospital, home, or other institution
by a patient or inmate thereof,
(C) covered transportation service (as determined under section
410(k) of this title),
(D) service (other than agricultural labor or service performed
by a student) which is excluded from employment by any provision
of section 410(a) of this title other than paragraph (7) of such
section,
(E) service performed by an individual as an employee serving
on a temporary basis in case of fire, storm, snow, earthquake,
flood, or other similar emergency, and
(F) service described in section 410(a)(7)(F) of this title
which is included as "employment" under section 410(a) of this
title.
(7) No agreement may be made applicable (either in the original
agreement or by any modification thereof) to service performed by
any individual to whom paragraph (3)(B) of this subsection is
applicable unless such agreement provides (in the case of each
coverage group involved) either that the service of any individual
to whom such paragraph is applicable and who is a member of such
coverage group shall continue to be covered by such agreement in
case he thereafter becomes eligible to be a member of a retirement
system, or that such service shall cease to be so covered when he
becomes eligible to be a member of such a system (but only if the
agreement is not already applicable to such system pursuant to
subsection (d)(3) of this section), whichever may be desired by the
State.
(8)(A) Notwithstanding any other provision of this section, the
agreement with any State entered into under this section may at the
option of the State be modified at any time to exclude service
performed by election officials or election workers if the
remuneration paid in a calendar year for such service is less than
$1,000 with respect to service performed during any calendar year
commencing on or after January 1, 1995, ending on or before
December 31, 1999, and the adjusted amount determined under
subparagraph (B) for any calendar year commencing on or after
January 1, 2000, with respect to service performed during such
calendar year. Any modification of an agreement pursuant to this
paragraph shall be effective with respect to services performed in
and after the calendar year in which the modification is mailed or
delivered by other means to the Commissioner of Social Security.
(B) For each year after 1999, the Commissioner of Social Security
shall adjust the amount referred to in subparagraph (A) at the same
time and in the same manner as is provided under section
415(a)(1)(B)(ii) of this title with respect to the amounts referred
to in section 415(a)(1)(B)(i) of this title, except that -
(i) for purposes of this subparagraph, 1997 shall be
substituted for the calendar year referred to in section
415(a)(1)(B)(ii)(II) of this title, and
(ii) such amount as so adjusted, if not a multiple of $100,
shall be rounded to the next higher multiple of $100 where such
amount is a multiple of $50 and to the nearest multiple of $100
in any other case.
The Commissioner of Social Security shall determine and publish in
the Federal Register each adjusted amount determined under this
subparagraph not later than November 1 preceding the year for which
the adjustment is made.
(d) Positions covered by retirement systems
(1) No agreement with any State may be made applicable (either in
the original agreement or by any modification thereof) to any
service performed by employees as members of any coverage group in
positions covered by a retirement system either (A) on the date
such agreement is made applicable to such coverage group, or (B) on
September 1, 1954 (except in the case of positions which are, by
reason of action by such State or political subdivision thereof, as
may be appropriate, taken prior to September 1, 1954, no longer
covered by a retirement system on the date referred to in clause
(A), and except in the case of positions excluded by paragraph
(5)(A) of this subsection). The preceding sentence shall not be
applicable to any service performed by an employee as a member of
any coverage group in a position (other than a position excluded by
paragraph (5)(A) of this subsection) covered by a retirement system
on the date an agreement is made applicable to such coverage group
if, on such date (or, if later, the date on which such individual
first occupies such position), such individual is ineligible to be
a member of such system.
(2) It is declared to be the policy of the Congress in enacting
the succeeding paragraphs of this subsection that the protection
afforded employees in positions covered by a retirement system on
the date an agreement under this section is made applicable to
service performed in such positions, or receiving periodic benefits
under such retirement system at such time, will not be impaired as
a result of making the agreement so applicable or as a result of
legislative enactment in anticipation thereof.
(3) Notwithstanding paragraph (1) of this subsection, an
agreement with a State may be made applicable (either in the
original agreement or by any modification thereof) to service
performed by employees in positions covered by a retirement system
(including positions specified in paragraph (4) of this subsection
but not including positions excluded by or pursuant to paragraph
(5)), if the governor of the State, or an official of the State
designated by him for the purpose, certifies to the Commissioner of
Social Security that the following conditions have been met:
(A) A referendum by secret written ballot was held on the
question of whether service in positions covered by such
retirement system should be excluded from or included under an
agreement under this section;
(B) An opportunity to vote in such referendum was given (and
was limited) to eligible employees;
(C) Not less than ninety days' notice of such referendum was
given to all such employees;
(D) Such referendum was conducted under the supervision of the
governor or an agency or individual designated by him; and
(E) A majority of the eligible employees voted in favor of
including service in such positions under an agreement under this
section.
An employee shall be deemed an "eligible employee" for purposes of
any referendum with respect to any retirement system if, at the
time such referendum was held, he was in a position covered by such
retirement system and was a member of such system, and if he was in
such a position at the time notice of such referendum was given as
required by clause (C) of the preceding sentence; except that he
shall not be deemed an "eligible employee" if, at the time the
referendum was held, he was in a position to which the State
agreement already applied, or if he was in a position excluded by
or pursuant to paragraph (5). No referendum with respect to a
retirement system shall be valid for purposes of this paragraph
unless held within the two-year period which ends on the date of
execution of the agreement or modification which extends the
insurance system established by this subchapter to such retirement
system, nor shall any referendum with respect to a retirement
system be valid for purposes of this paragraph if held less than
one year after the last previous referendum held with respect to
such retirement system.
(4) For the purposes of subsection (c) of this section, the
following employees shall be deemed to be a separate coverage group
-
(A) all employees in positions which were covered by the same
retirement system on the date the agreement was made applicable
to such system (other than employees to whose services the
agreement already applied on such date);
(B) all employees in positions which became covered by such
system at any time after such date; and
(C) all employees in positions which were covered by such
system at any time before such date and to whose services the
insurance system established by this subchapter has not been
extended before such date because the positions were covered by
such retirement system (including employees to whose services the
agreement was not applicable on such date because such services
were excluded pursuant to subsection (c)(3)(B) of this section).
(5)(A) Nothing in paragraph (3) of this subsection shall
authorize the extension of the insurance system established by this
subchapter to service in any policeman's or fireman's position.
(B) At the request of the State, any class or classes of
positions covered by a retirement system which may be excluded from
the agreement pursuant to paragraph (3) or (5) of subsection (c) of
this section, and to which the agreement does not already apply,
may be excluded from the agreement at the time it is made
applicable to such retirement system; except that, notwithstanding
the provisions of paragraph (3)(B) of such subsection, such
exclusion may not include any services to which such paragraph
(3)(B) is applicable. In the case of any such exclusion, each such
class so excluded shall, for purposes of this subsection,
constitute a separate retirement system in case of any modification
of the agreement thereafter agreed to.
(6)(A) If a retirement system covers positions of employees of
the State and positions of employees of one or more political
subdivisions of the State, or covers positions of employees of two
or more political subdivisions of the State, then, for purposes of
the preceding paragraphs of this subsection, there shall, if the
State so desires, be deemed to be a separate retirement system with
respect to any one or more of the political subdivisions concerned
and, where the retirement system covers positions of employees of
the State, a separate retirement system with respect to the State
or with respect to the State and any one or more of the political
subdivisions concerned. Where a retirement system covering
positions of employees of a State and positions of employees of one
or more political subdivisions of the State, or covering positions
of employees of two or more political subdivisions of the State, is
not divided into separate retirement systems pursuant to the
preceding sentence or pursuant to subparagraph (C), then the State
may, for purposes of subsection (e) of this section only, deem the
system to be a separate retirement system with respect to any one
or more of the political subdivisions concerned and, where the
retirement system covers positions of employees of the State, a
separate retirement system with respect to the State or with
respect to the State and any one or more of the political
subdivisions concerned.
(B) If a retirement system covers positions of employees of one
or more institutions of higher learning, then, for purposes of such
preceding paragraphs there shall, if the State so desires, be
deemed to be a separate retirement system for the employees of each
such institution of higher learning. For the purposes of this
subparagraph, the term "institutions of higher learning" includes
junior colleges and teachers colleges. If a retirement system
covers positions of employees of a hospital which is an integral
part of a political subdivision, then, for purposes of the
preceding paragraphs there shall, if the State so desires, be
deemed to be a separate retirement system for the employees of such
hospital.
(C) For the purposes of this subsection, any retirement system
established by the State of Alaska, California, Connecticut,
Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts,
Minnesota, Nevada, New Jersey, New Mexico, New York, North Dakota,
Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Washington,
Wisconsin, or Hawaii, or any political subdivision of any such
State, which, on, before, or after August 1, 1956, is divided into
two divisions or parts, one of which is composed of positions of
members of such system who desire coverage under an agreement under
this section and the other of which is composed of positions of
members of such system who do not desire such coverage, shall, if
the State so desires and if it is provided that there shall be
included in such division or part composed of members desiring such
coverage the positions of individuals who become members of such
system after such coverage is extended, be deemed to be a separate
retirement system with respect to each such division or part. If,
in the case of a separate retirement system which is deemed to
exist by reason of subparagraph (A) and which has been divided into
two divisions or parts pursuant to the first sentence of this
subparagraph, individuals become members of such system by reason
of action taken by a political subdivision after coverage under an
agreement under this section has been extended to the division or
part thereof composed of positions of individuals who desire such
coverage, the positions of such individuals who become members of
such retirement system by reason of the action so taken shall be
included in the division or part of such system composed of
positions of members who do not desire such coverage if (i) such
individuals, on the day before becoming such members, were in the
division or part of another separate retirement system (deemed to
exist by reason of subparagraph (A)) composed of positions of
members of such system who do not desire coverage under an
agreement under this section, and (ii) all of the positions in the
separate retirement system of which such individuals so become
members and all of the positions in the separate retirement system
referred to in clause (i) would have been covered by a single
retirement system if the State had not taken action to provide for
separate retirement systems under this paragraph.
(D)(i) The position of any individual which is covered by any
retirement system to which subparagraph (C) is applicable shall, if
such individual is ineligible to become a member of such system on
August 1, 1956, or, if later, the day he first occupies such
position, be deemed to be covered by the separate retirement system
consisting of the positions of members of the division or part who
do not desire coverage under the insurance system established under
this subchapter.
(ii) Notwithstanding clause (i), the State may, pursuant to
subsection (c)(4)(B) of this section and subject to the conditions
of continuation or termination of coverage provided for in
subsection (c)(7) of this section, modify its agreement under this
section to include services performed by all individuals described
in clause (i) other than those individuals to whose services the
agreement already applies. Such individuals shall be deemed (on and
after the effective date of the modification) to be in positions
covered by the separate retirement system consisting of the
positions of members of the division or part who desire coverage
under the insurance system established under this subchapter.
(E) An individual who is in a position covered by a retirement
system to which subparagraph (C) is applicable and who is not a
member of such system but is eligible to become a member thereof
shall, for purposes of this subsection (other than paragraph (8) of
this subsection), be regarded as a member of such system; except
that, in the case of any retirement system a division or part of
which is covered under the agreement (either in the original
agreement or by a modification thereof), which coverage is agreed
to prior to 1960, the preceding provisions of this subparagraph
shall apply only if the State so requests and any such individual
referred to in such preceding provisions shall, if the State so
requests, be treated, after division of the retirement system
pursuant to such subparagraph (C), the same as individuals in
positions referred to in subparagraph (F).
(F) In the case of any retirement system divided pursuant to
subparagraph (C), the position of any member of the division or
part composed of positions of members who do not desire coverage
may be transferred to the separate retirement system composed of
positions of members who desire such coverage if it is so provided
in a modification of such agreement which is mailed, or delivered
by other means, to the Commissioner of Social Security prior to
1970 or, if later, the expiration of two years after the date on
which such agreement, or the modification thereof making the
agreement applicable to such separate retirement system, as the
case may be, is agreed to, but only if, prior to such modification
or such later modification, as the case may be, the individual
occupying such position files with the State a written request for
such transfer. Notwithstanding subsection (e)(1) of this section,
any such modification or later modification, providing for the
transfer of additional positions within a retirement system
previously divided pursuant to subparagraph (C) to the separate
retirement system composed of positions of members who desire
coverage, shall be effective with respect to services performed
after the same effective date as that which was specified in the
case of such previous division.
(G) For the purposes of this subsection, in the case of any
retirement system of the State of Florida, Georgia, Minnesota,
North Dakota, Pennsylvania, Washington, or Hawaii which covers
positions of employees of such State who are compensated in whole
or in part from grants made to such State under subchapter III of
this chapter, there shall be deemed to be, if such State so
desires, a separate retirement system with respect to any of the
following:
(i) the positions of such employees;
(ii) the positions of all employees of such State covered by
such retirement system who are employed in the department of such
State in which the employees referred to in clause (i) are
employed; or
(iii) employees of such State covered by such retirement system
who are employed in such department of such State in positions
others than those referred to in clause (i).
(7) The certification by the governor (or an official of the
State designated by him for the purpose) required under paragraph
(3) of this subsection shall be deemed to have been made, in the
case of a division or part (created under subparagraph (C) of
paragraph (6) of this subsection or the corresponding provision of
prior law) consisting of the positions of members of a retirement
system who desire coverage under the agreement under this section,
if the governor (or the official so designated) certifies to the
Commissioner of Social Security that -
(A) an opportunity to vote by written ballot on the question of
whether they wish to be covered under an agreement under this
section was given to all individuals who were members of such
system at the time the vote was held;
(B) not less than ninety days' notice of such vote was given to
all individuals who were members of such system on the date the
notice was issued;
(C) the vote was conducted under the supervision of the
governor or an agency or individual designated by him; and
(D) such system was divided into two parts or divisions in
accordance with the provisions of subparagraphs (C) and (D) of
paragraph (6) of this subsection or the corresponding provision
of prior law.
For purposes of this paragraph, an individual in a position to
which the State agreement already applied or in a position excluded
by or pursuant to paragraph (5) of this subsection shall not be
considered a member of the retirement system.
(8)(A) Notwithstanding paragraph (1) of this subsection, if under
the provisions of this subsection an agreement is, after December
31, 1958, made applicable to service performed in positions covered
by a retirement system, service performed by an individual in a
position covered by such a system may not be excluded from the
agreement because such position is also covered under another
retirement system.
(B) Subparagraph (A) shall not apply to service performed by an
individual in a position covered under a retirement system if such
individual, on the day the agreement is made applicable to service
performed in positions covered by such retirement system, is not a
member of such system and is a member of another system.
(C) If an agreement is made applicable, prior to 1959, to service
in positions covered by any retirement system, the preceding
provisions of this paragraph shall be applicable in the case of
such system if the agreement is modified to so provide.
(D) Except in the case of State agreements modified as provided
in subsection (l) of this section and agreements with interstate
instrumentalities, nothing in this paragraph shall authorize the
application of an agreement to service in any policeman's or
fireman's position.
(e) Effective date of agreement; retroactive coverage
(1) Any agreement or modification of an agreement under this
section shall be effective with respect to services performed after
an effective date specified in such agreement or modification;
except that such date may not be earlier than the last day of the
sixth calendar year preceding the year in which such agreement or
modification, as the case may be, is mailed or delivered by other
means to the Commissioner of Social Security.
(2) In the case of service performed by members of any coverage
group -
(A) to which an agreement under this section is made
applicable, and
(B) with respect to which the agreement, or modification
thereof making the agreement so applicable, specifies an
effective date earlier than the date of execution of such
agreement and such modification, respectively,
the agreement shall, if so requested by the State, be applicable to
such services (to the extent the agreement was not already
applicable) performed before such date of execution and after such
effective date by any individual as a member of such coverage group
if he is such a member on a date, specified by the State, which is
earlier than such date of execution, except that in no case may the
date so specified be earlier than the date such agreement or such
modification, as the case may be, is mailed, or delivered by other
means, to the Commissioner of Social Security.
(3) Notwithstanding the provisions of paragraph (2) of this
subsection, in the case of services performed by individuals as
members of any coverage group to which an agreement under this
section is made applicable, and with respect to which there were
timely paid in good faith to the Secretary of the Treasury amounts
equivalent to the sum of the taxes which would have been imposed by
sections 3101 and 3111 of the Internal Revenue Code of 1986 had
such services constituted employment for purposes of chapter 21 of
such Code at the time they were performed, and with respect to
which refunds were not obtained, such individuals may, if so
requested by the State, be deemed to be members of such coverage
group on the date designated pursuant to paragraph (2).
(f) Duration of agreement
No agreement under this section may be terminated, either in its
entirety or with respect to any coverage group, on or after April
20, 1983.
(g) Instrumentalities of two or more States
(1) The Commissioner of Social Security may, at the request of
any instrumentality of two or more States, enter into an agreement
with such instrumentality for the purpose of extending the
insurance system established by this subchapter to services
performed by individuals as employees of such instrumentality. Such
agreement, to the extent practicable, shall be governed by the
provisions of this section applicable in the case of an agreement
with a State.
(2) In the case of any instrumentality of two or more States, if -

(A) employees of such instrumentality are in positions covered
by a retirement system of such instrumentality or of any of such
States or any of the political subdivisions thereof, and
(B) such retirement system is (on, before, or after August 30,
1957) divided into two divisions or parts, one of which is
composed of positions of members of such system who are employees
of such instrumentality and who desire coverage under an
agreement under this section and the other of which is composed
of positions of members of such system who are employees of such
instrumentality and who do not desire such coverage, and
(C) it is provided that there shall be included in such
division or part composed of the positions of members desiring
such coverage the positions of employees of such instrumentality
who become members of such system after such coverage is
extended,
then such retirement system shall, if such instrumentality so
desires, be deemed to be a separate retirement system with respect
to each such division or part. An individual who is in a position
covered by a retirement system divided pursuant to the preceding
sentence and who is not a member of such system but is eligible to
become a member thereof shall, for purposes of this subsection, be
regarded as a member of such system. Coverage under the agreement
of any such individual shall be provided under the same conditions,
to the extent practicable, as are applicable in the case of the
States to which the provisions of subsection (d)(6)(C) of this
section apply. The position of any employee of any such
instrumentality which is covered by any retirement system to which
the first sentence of this paragraph is applicable shall, if such
individual is ineligible to become a member of such system on
August 30, 1957, or, if later, the day he first occupies such
position, be deemed to be covered by the separate retirement system
consisting of the positions of members of the division or part who
do not desire coverage under the insurance system established under
this subchapter. Services in positions covered by a separate
retirement system created pursuant to this subsection (and
consisting of the positions of members who desire coverage under an
agreement under this section) shall be covered under such agreement
on compliance, to the extent practicable, with the same conditions
as are applicable to coverage under an agreement under this section
of services in positions covered by a separate retirement system
created pursuant to subparagraph (C) of subsection (d)(6) of this
section or the corresponding provision of prior law (and consisting
of the positions of members who desire coverage under such
agreement).
(3) Any agreement with any instrumentality of two or more States
entered into pursuant to this chapter may, notwithstanding the
provisions of subsection (d)(5)(A) of this section and the
references thereto in subsections (d)(1) and (d)(3) of this
section, apply to service performed by employees of such
instrumentality in any policeman's or fireman's position covered by
a retirement system, but only upon compliance, to the extent
practicable, with the requirements of subsection (d)(3) of this
section. For the purpose of the preceding sentence, a retirement
system which covers positions of policemen or firemen or both, and
other positions shall, if the instrumentality concerned so desires,
be deemed to be a separate retirement system with respect to the
positions of such policemen or firemen, or both, as the case may
be.
(h) Delegation of functions
The Commissioner of Social Security is authorized, pursuant to
agreement with the head of any Federal agency, to delegate any of
the Commissioner's functions under this section to any officer or
employee of such agency and otherwise to utilize the services and
facilities of such agency in carrying out such functions, and
payment therefor shall be in advance or by way of reimbursement, as
may be provided in such agreement.
(i) Wisconsin Retirement Fund
(1) Notwithstanding paragraph (1) of subsection (d) of this
section, the agreement with the State of Wisconsin may, subject to
the provisions of this subsection, be modified so as to apply to
service performed by employees in positions covered by the
Wisconsin retirement fund or any successor system.
(2) All employees in positions covered by the Wisconsin
retirement fund at any time on or after January 1, 1951, shall, for
the purposes of subsection (c) only, be deemed to be a separate
coverage group; except that there shall be excluded from such
separate coverage group all employees in positions to which the
agreement applies without regard to this subsection.
(3) The modification pursuant to this subsection shall exclude
(in the case of employees in the coverage group established by
paragraph (2) of this subsection) service performed by any
individual during any period before he is included under the
Wisconsin retirement fund.
(4) The modification pursuant to this subsection shall, if the
State of Wisconsin requests it, exclude (in the case of employees
in the coverage group established by paragraph (2) of this
subsection) all service performed in policemen's positions, all
service performed in firemen's positions, or both.
(j) Certain positions no longer covered by retirement systems
Notwithstanding subsection (d) of this section, an agreement with
any State entered into under this section prior to September 1,
1954 may, prior to January 1, 1958, be modified pursuant to
subsection (c)(4) of this section so as to apply to services
performed by employees, as members of any coverage group to which
such agreement already applies (and to which such agreement applied
on September 1, 1954), in positions (1) to which such agreement
does not already apply, (2) which were covered by a retirement
system on the date such agreement was made applicable to such
coverage group, and (3) which, by reason of action by such State or
political subdivision thereof, as may be appropriate, taken prior
to September 1, 1954, are no longer covered by a retirement system
on the date such agreement is made applicable to such services.
(k) Certain employees of State of Utah
Notwithstanding the provisions of subsection (d) of this section,
the agreement with the State of Utah entered into pursuant to this
section may be modified pursuant to subsection (c)(4) of this
section so as to apply to services performed for any of the
following, the employees performing services for each of which
shall constitute a separate coverage group: Weber Junior College,
Carbon Junior College, Dixie Junior College, Central Utah
Vocational School, Salt Lake Area Vocational School, Center for the
Adult Blind, Union High School (Roosevelt, Utah), Utah High School
Activities Association, State Industrial School, State Training
School, State Board of Education, and Utah School Employees
Retirement Board. Any modification agreed to prior to January 1,
1955, may be made effective with respect to services performed by
employees as members of any of such coverage groups after an
effective date specified therein, except that in no case may any
such date be earlier than December 31, 1950. Coverage provided for
in this subsection shall not be affected by a subsequent change in
the name of a group.
(l) Policemen and firemen in certain States
Any agreement with a State entered into pursuant to this section
may, notwithstanding the provisions of subsection (d)(5)(A) of this
section and the references thereto in subsections (d)(1) and (d)(3)
of this section, be modified pursuant to subsection (c)(4) of this
section to apply to service performed by employees of such State or
any political subdivision thereof in any policeman's or fireman's
position covered by a retirement system in effect on or after
August 1, 1956, but only upon compliance with the requirements of
subsection (d)(3) of this section. For the purposes of the
preceding sentence, a retirement system which covers positions of
policemen or firemen, or both, and other positions shall, if the
State concerned so desires, be deemed to be a separate retirement
system with respect to the positions of such policemen or firemen,
or both, as the case may be.
(m) Positions compensated solely on a fee basis
(1) Notwithstanding any other provision in this section, an
agreement entered into under this section may be made applicable to
service performed after 1967 in any class or classes of positions
compensated solely on a fee basis to which such agreement did not
apply prior to 1968 only if the State specifically requests that
its agreement be made applicable to such service in such class or
classes of positions.
(2) Notwithstanding any other provision in this section, an
agreement entered into under this section may be modified, at the
option of the State, at any time after 1967, so as to exclude
services performed in any class or classes of positions
compensation for which is solely on a fee basis.
(3) Any modification made under this subsection shall be
effective with respect to services performed after the last day of
the calendar year in which the modification is mailed or delivered
by other means to the Commissioner of Social Security.
(4) If any class or classes of positions have been excluded from
coverage under the State agreement by a modification agreed to
under this subsection, the Commissioner of Social Security and the
State may not thereafter modify such agreement so as to again make
the agreement applicable with respect to such class or classes of
positions.
(n) Optional medicare coverage of current employees
(1) The Commissioner of Social Security shall, at the request of
any State, enter into or modify an agreement with such State under
this section for the purpose of extending the provisions of
subchapter XVIII of this chapter, and sections 426 and 426-1 of
this title, to services performed by employees of such State or any
political subdivision thereof who are described in paragraph (2).
(2) This subsection shall apply only with respect to employees -
(A) whose services are not treated as employment as that term
applies under section 410(p) of this title by reason of paragraph
(3) of such section; and
(B) who are not otherwise covered under the State's agreement
under this section.
(3) For purposes of sections 426 and 426-1 of this title,
services covered under an agreement pursuant to this subsection
shall be treated as "medicare qualified government employment".
(4) Except as otherwise provided in this subsection, the
provisions of this section shall apply with respect to services
covered under the agreement pursuant to this subsection.