Title 47, Chapter 18, Section 40
( 47-18-40)
(a) The state agency, with the approval of the Governor, is
authorized to enter on behalf of the state into an agreement with
the secretary of health and human services, consistent with the
terms of this chapter, for the purpose of extending the benefits of
the federal old-age, survivors, and disability insurance system to
employees of the political subdivisions of this state and with
respect to services specified in such agreement which constitute
employment within the meaning of this chapter. Such agreement may
contain such provisions relating to coverage, benefits,
contributions, effective date, modification and termination of the
agreement, administration, and other appropriate provisions as the
state agency and the secretary of health and human services shall
agree upon. Except as may be otherwise required by or under the
Social Security Act as to the services to be covered, such agreement
shall provide that: (1) Benefits shall be provided for employees whose services are
covered by the agreement, and their dependents and survivors, on
the same basis as though such services constituted employment
within the meaning of Title II of the Social Security Act; (2) At such times as may be prescribed under the Social Security
Act, the state shall pay contributions to the secretary of the
treasury with respect to wages equal to the sum of the taxes which
would be imposed by the Federal Insurance Contributions Act, if
the services covered by the agreement constituted employment
within the meaning of that act; (3) Such agreement shall be effective as of the date specified in
the agreement, provided that it shall not be effective prior to
the date permitted by the federal Social Security Act with respect
to services in employment covered by the agreement; (4) All services which (A) constitute employment, (B) are performed in the employ of the state or a political subdivision of the state, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state agency under Code Section 47-18-41 shall be covered by the agreement; and (5) As modified, the agreement shall include all services described in paragraph (4) of this subsection and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the secretary of health and human services, pursuant to subsection (b) of Code Section 47-18-42. (b) Any instrumentality jointly created by this state and any other
states is authorized, upon the granting of like authority by such
other states: (1) To enter into an agreement with the secretary of health and
human services whereby the benefits of the federal old-age,
survivors, and disability insurance system shall be extended to
employees of such instrumentality; (2) To require its employees to pay, and for that purpose to deduct from their wages, contributions equal to the amounts which they would be required to pay under subsection (a) of Code Section 47-18-41 if they were covered by an agreement made pursuant to subsection (a) of this Code section; and (3) To make payments to the secretary of the treasury in
accordance with such agreement, including payments from its own
funds, and otherwise to comply with such agreements. Such agreement, to the extent practicable, shall be consistent with
the terms and provisions of subsection (a) of this Code section and
other provisions of this chapter. (c) Pursuant to Section 218(d)(6) of the Social Security Act and for
purposes of this chapter, at the election of the Governor, any
retirement system which covers employees of more than one political
subdivision or employees of the state and one or more political
subdivisions shall be deemed a separate retirement system with
respect to each such political subdivision or as to the state and
one or more political subdivisions with positions covered by such
retirement system. Pursuant to Section 218(p) of the Social
Security Act and also for the purposes of this chapter, any
retirement system which covers positions of policemen or firemen, or
both, and other positions shall, if the Governor so elects, be
deemed to be a separate retirement system with respect to the
positions of such policemen or firemen, or both, as the case may be. (d) For the purposes of this chapter any retirement system
established by this state or any political subdivision thereof or
established by an Act of the General Assembly, which, on, before, or
after March 21, 1958, is divided into two divisions or parts, one of
which is composed of positions of members of such system who desire
coverage under the agreement under this chapter and the other of
which is composed of positions of members of such system who do not
desire such coverage, shall, upon the Governor's authorization of a
referendum for a retirement system pursuant to Section 218 of the
Social Security Act, be deemed to be a separate retirement system
with respect to each such division or part. At the election of the
Governor, the referendum and the division of such system may occur
simultaneously as authorized by Section 218(d)(7) of the Social
Security Act. The positions of individuals who become members of
such system after such coverage is extended shall be included in
such division or part of such system composed of members desiring
such coverage. The position of any individual which is covered by
any such retirement system, if such individual is ineligible to
become a member of such system on August 1, 1956, or, if later, the
day he first occupies such position, shall be deemed to be covered
by the separate retirement system consisting of the positions of
members of the division or part who do not desire coverage under
this chapter. (e) The position of any member of the division or part of the
Superior Court Judges Retirement Fund of Georgia who does not desire
coverage may be transferred to the separate retirement fund composed
of positions of members who do desire coverage upon such terms and
conditions and at such time as permitted by federal law. In the
event of such transfer, the employee contributions of such member
required for social security coverage shall be deducted by the
commissioner of administrative services and remitted to the state
agency, together with the required employer contributions. The
commissioner of administrative services is authorized and directed
to pay, from funds appropriated or otherwise available for the
operation of the superior courts, the required employer
contributions on any such transferred member. |