2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 133 - Agreement With Federal Secretary.

§  133.  Agreement  with federal secretary.  1. The director is hereby
  authorized, on behalf of the state, to enter into an agreement with  the
  federal  secretary  for  the  purpose of extending old-age and survivors
  insurance coverage  to  eligible  employees  of  the  state  or  of  any
  political subdivision.
2.  The  agreement  with  the federal secretary shall provide that the
  state will pay to the secretary of the treasury of the United States, at
  such time or times  as  may  be  prescribed  under  the  federal  social
  security  act,  contributions with respect to wages, equal to the sum of
  the taxes which would be imposed by sections thirty-one hundred one  and
  thirty-one  hundred eleven of the federal insurance contributions act if
  the services covered by such agreement constituted employment within the
  meaning of that act. Such agreement also  may  contain  such  provisions
  relating  to  coverage,  benefits,  contributions, adjustments, refunds,
  administration, effective date,  modification  and  termination  of  the
  agreement  and such other appropriate provisions as the director and the
  federal secretary may agree upon and  which  are  consistent  with  this
  article  and  the  federal  social  security act. Such agreement, or any
  modification thereof, may be made retroactive where  authorized  by  the
  federal social security act.
3. Such agreement shall apply to:
a.  All  services which constitute employment and are performed in the
  employ of the state by employees thereof, provided,  however,  that  the
  director may exclude from coverage under such agreement, or modification
  thereof,  in accordance with the federal social security act, classes of
  employment where he shall determine that old-age and survivors insurance
  coverage for such classes is impracticable; and
b. All services which constitute employment and are performed  in  the
  employ  of  a  political  subdivision,  whether  or  not  covered  by an
  agreement entered into pursuant to section  one  hundred  thirty-six  of
  this  chapter,  provided,  however,  that  the director may exclude from
  coverage under such agreement, or modification  thereof,  in  accordance
  with  the  federal  social  security act, classes of employment where he
  shall determine that old-age and survivors insurance coverage  for  such
  classes is impracticable.
4.  Any  instrumentality  jointly  created by this state and any other
  state or  states  is  hereby  authorized,  upon  the  granting  of  like
  authority  by such other state or states, (a) to enter into an agreement
  with the federal secretary to provide old-age  and  survivors  insurance
  benefits  to  employees  of  such  instrumentality,  (b)  to require its
  employees to pay (and for that  purpose  to  deduct  from  their  wages)
  contributions  equal  to  the  tax  which  would  be  imposed by section
  thirty-one hundred one of the federal insurance contributions  act,  (c)
  to  make  payments  to  the secretary of the treasury in accordance with
  such agreement, including payments from  its  own  funds  equal  to  the
  amount  of  the tax which would be imposed by section thirty-one hundred
  eleven of the federal insurance contributions act, and (d) otherwise  to
  comply with such agreements.