Sec. 4. Effect of Affirmative Vote in Referenda. (a) If a majority of the employees in a retirement system vote in the affirmative in the referendum, the governor shall:

(1) certify to the secretary of health, education and welfare of the United States that the conditions prescribed by the Social Security Act have been met; and

Terms Used In Indiana Code 5-10.1-4-4

  • 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
  • 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
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) notify the state agency of the certification.

     (b) The state agency shall then request a modification of the agreement by the federal administration to include service in positions covered by these retirement systems.

     (c) The state agency, or the governing body for a political subdivision, may request that the modification not include the following positions covered by a retirement system:

(1) services of an emergency nature;

(2) elective positions;

(3) part-time positions;

(4) positions, the compensation for which is paid on a fee basis;

(5) agricultural labor; and

(6) service performed by a student, if the service would be excluded if done for a private employer.

As added by Acts 1977, P.L.53, SEC.1.