23-615.01. Political subdivision or instrumentality employment

A. Notwithstanding any law to the contrary, except for subsection B of this section, for the purposes of this chapter, employment, as defined in section 23-615, subsection A, paragraph 6, 7 or 8 includes service performed after December 31, 1977 in the employ of either of the following:

1. Any political subdivision of this state or any instrumentality of such political subdivisions.

2. Any combination of political subdivisions and this or another state, their instrumentalities, agencies or boards whether wholly within this state or partly within this state and one or more other states.

B. This section shall not be applicable if Public Law 94-566 or the federal act it amends is adjudged unconstitutional or invalid in its application to the governmental entities described in subsection A of this section. If the application of Public Law 94-566 or the federal act it amends is stayed as to employees of the governmental entities described in subsection A of this section or its employees by any court of competent jurisdiction before or after the provisions of subsection A become effective, the provisions of subsection A shall not be effective from the time that the stay order became effective and continue for the duration of the stay order.

C. If Public Law 94-566 is finally determined to be constitutional and the court further determines that the governmental entities described in subsection A of this section were liable for claims for benefits during a stay of enforcement then any liability shall be borne by the affected governmental entities.