§ 578. Referenda and certification

(a) The Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act or to authorize a vote to be held according to Section 218(d)(6)(C) and Section 218(d)(7) of the Social Security Act on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this chapter, and to designate an agency or individual to supervise the conduct of such referendum or vote. Where a vote is held according to Sections 218(d)(6)(C) and 218(d)(7) of the Social Security Act, the Retirement System shall be divided into two parts. One part, Part A, shall be composed of the positions of members who in such vote have expressed a desire to have their services in such positions included under the agreement and of the positions of all individuals who become members of such System after the agreement is extended to include the service of those members who have expressed a desire to be covered under the Social Security Act; and the other part, Part B, shall be composed of the positions of members who have not expressed a desire in such vote to have their services included under the agreement and the positions of any individual who was ineligible to be a member of such retirement system on August 1, 1956 or, if later, on the day he or she first occupied such position. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act or the notice of the vote required by Section 218(d)(7)(B) of the Social Security Act shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the conduct of the referendum or the vote shall deem necessary and sufficient to inform individuals to whom such notice is given 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 chapter.

(b) Upon receiving evidence satisfactory to him or her that with respect to any such referendum or any such vote the conditions specified in Section 218(d)(3) or in Section 218(d)(7), respectively of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health and Human Services.

(c) Where 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 this section, there may, in accordance with a determination by the State agency, 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. (Amended 1963, No. 164, § 2, eff. June 25, 1963.)