TITLE 36
Public Officers and Employees

CHAPTER 36-7
Federal Old-Age and Survivors' Insurance

SECTION 36-7-3


§ 36-7-3 Agreement with federal government.

The general treasurer of the state is hereby authorized to enter, on behalf of the state, into an agreement with the secretary, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the old age and survivors insurance provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq., to employees of any city or town or agency of the state with respect to services specified in the agreement which constitute employment as defined in § 36-7-2. The agreement may contain provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the general treasurer and the secretary shall agree upon, but, except as may otherwise be required by or under the federal Social Security Act as to the services to be covered, the agreement shall provide in effect that:

(1) Benefits will be provided for employees included in the coverage groups to which the agreement is made applicable on the same basis as though the services constituted employment within the meaning of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq.

(2) The state will pay the secretary of the treasury at such time or times as may be prescribed under the federal Social Security Act, contributions with respect to wages (as herein defined) equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the federal Insurance Contributions Act, 26 U.S.C. §§ 3101 and 3111, or as that act may be amended from time to time, on all participants under this agreement, including cities, towns, and agencies of the state and all participating employees thereof, if the services covered by the agreement constituted employment within the meaning of that act.

(3) The agreement or any modification of the agreement shall be effective with respect to services in employment covered by the agreement or any modification of the agreement after a date specified therein.

(4) All services which constitute employment as herein defined, which are performed in the employ of any city, town, or agency of the state and are included under a method of coverage which conforms to the terms and conditions of the agreement are covered thereunder.

(5) As modified, the agreement shall include all services described in subdivision (4) of this section and performed by individuals to whom § 218(c)(3)(B) of the federal Social Security Act, 42 U.S.C. § 418(c)(3)(B), is applicable and shall provide that the service of the individual shall continue to be covered by the agreement in case he or she thereafter becomes eligible to be a member of a retirement system; and as modified, the agreement shall include all services described in subdivision (4) of this section and performed by individuals in positions covered by a retirement system with respect to which the governor has issued a certificate to the secretary pursuant to § 36-7-19.

History of Section.
(P.L. 1951, ch. 2675, § 3; P.L. 1953, ch. 3198, § 1; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 3; G.L. 1956, § 36-7-3; R.P.L. 1957, ch. 98, § 1.)