Section 105.310

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 28 Aug 2018, 2 histories   

  105.310.  Federal-state agreement — contents — services covered. — 1.  The state agency, with the approval of the governor, shall enter into on behalf of the state an agreement with the Commissioner of the Social Security Administration, consistent with sections 105.300 to 105.430, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees of the state or of any of its political subdivisions, or of any instrumentality of any one or more of them, with respect to services specified in such agreement, which constitute employment as defined in section 105.300.  Such agreement may contain provisions relating to coverage, benefits, contributions, effective date, modifications and termination of the agreement, administration and other appropriate provisions, and except as otherwise required by the Social Security Act as to the services to be covered, such agreement shall provide that benefits will be granted to employees whose services are covered by the agreement, their dependents and survivors, on the same basis as though the services constituted employment within the meaning of Title 2 of the Social Security Act (42 U.S.C.A. Section 401 et seq.).

  2.  A modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in the modification.

  3.  All services which constitute employment as defined in section 105.300 and are performed in the employ of the state by employees of the state shall be covered by the agreement.

  4.  Services which constitute employment as defined in section 105.300 and Section 210 of the Social Security Act, 42 U.S.C. Section 410, and are performed in the employ of a political subdivision or instrumentality of the state may be covered as defined by the terms of the agreement; except for specific services required in Section 210(7)(F) of the Social Security Act (42 U.S.C. Section 410, as amended) for which such sections are excluded from coverage.

  5.  As modified the agreement shall include all services described in either subsection 3 or 4 of this section and performed by individuals in positions covered by a retirement system with respect to which the governor or designee has issued a certificate to the Commissioner of the Social Security Administration under section 105.353.

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(L. 1951 p. 788 § 2, A.L. 1955 p. 729, A.L. 1985 H.B. 640, A.L. 2018 S.B. 975 & 1024 Revision)