Sec. 3. Required Elements of the Plan. The plan must:

(1) be in conformity with the requirements of the Social Security Act and with the agreement;

Terms Used In Indiana Code 5-10.1-3-3

  • Agreement: as used in this article means the federal-state agreement specified in chapter 2 of this article. See Indiana Code 5-10.1-1-10
  • Federal administrator: as used in this article means the federal security administrator and includes the secretary of health, education, and welfare of the United States and any individual to whom the federal security administrator has delegated any of his functions under the Social Security Act with respect to coverage of employees of a state and its political subdivisions. See Indiana Code 5-10.1-1-5
  • Political subdivision: as used in this article means a county, city, town, township, political body corporate, political entity, local housing authority, public school corporation, public library, public utility of a county, city, town, or township whether the public utility is operated by the city or town or under the terms of a trusteeship for the benefit of the city or town, and a department of, or associated with, a county, city, town, or township, which department receives revenue independently of, or in addition to, funds obtained through taxation. See Indiana Code 5-10.1-1-7
  • Social Security Act: as used in this article means the act of Congress approved August 14, 1935, chapter 531, 49 Stat. See Indiana Code 5-10.1-1-9
  • State agency: as used in this article means the Indiana public retirement system. See Indiana Code 5-10.1-1-8
(2) provide that all services covered by the federal-state agreement in employment for the political subdivision is covered by the plan, except that it may exclude services to which section 218(c)(3), 218(c)(5), 218(c)(6), or 218(d) of the Social Security Act is applicable;

(3) specify the source from which the funds necessary to make the payments required of the political subdivision by this article are expected to be derived and contain reasonable assurance that the source will be adequate for that purpose;

(4) provide for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper administration of the plan;

(5) provide that the political subdivision shall:

(A) make such reports as the state agency requires; and

(B) comply with such provisions as the state agency or the federal administrator finds necessary to assure the correctness of the reports; and

(6) authorize the state agency to terminate the plan in its entirety if the state agency finds a failure to comply substantially with any provision of the plan. The termination takes effect at the expiration of such notice and on such conditions as are provided by the state agency, in accordance with the Social Security Act.

As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.7-2015, SEC.5.