2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 136 - Agreements With Political Subdivisions.

§  136. Agreements with political subdivisions.  1. By the adoption of
  a resolution in the manner provided by subdivision a of  section  thirty
  of  this  chapter, any political subdivision may elect to extend old-age
  and survivors insurance coverage to its eligible employees  pursuant  to
  this  article.  It  shall  thereupon  submit  to the director a proposed
  agreement for obtaining such coverage for such employees. Such agreement
  shall include such provisions as may be  required  by  the  director  to
  effect the purposes of this article.
2.  The  director shall approve any such agreement or any modification
  thereof which is in conformity with this article and the regulations  of
  the  director, and such agreement or modification shall become effective
  in accordance with the terms of such approval. Subject to the provisions
  of the federal social security act,  any  such  agreement  may  be  made
  retroactive  where  authorized  by  the  federal social security act, in
  which event necessary contributions shall be made  to  the  contribution
  fund  by  the  political  subdivision  and the employees covered by such
  agreement for the period of employment prior to the date of approval  of
  such  agreement.  No agreement or modification thereof shall be approved
  unless:
a. It is in conformity with the requirements  of  the  federal  social
  security  act  and  with  the agreement authorized to be entered into by
  section one hundred thirty-three of this chapter.
b. It applies to all services which constitute  employment  and  which
  are  performed  in  the  employ  of the political subdivision, provided,
  however, that the director may  permit  such  political  subdivision  to
  exclude  from  coverage  under  such  agreement,  in accordance with the
  federal social security act, classes of employment  where  the  director
  shall  determine  that old-age and survivors insurance coverage for such
  classes is impracticable.
c. It provides for such methods of administration of the agreement  by
  the  political  subdivision as are found by the director to be necessary
  for the proper and efficient administration of the agreement.
d. It provides that the political subdivision will make such  reports,
  in  such  form  and including such information, as the director may from
  time to time request, and comply with such requirements as the  director
  or  the federal secretary may from time to time find necessary to assure
  the correctness and verification of such reports.
e. 1. Notwithstanding  any  other  provision  of  law,  the  board  of
  estimate,  if there be one, or the local legislative body where there is
  no board of estimate, of any political subdivision, in  its  discretion,
  may  exclude  from  eligibility  for  membership in any local pension or
  retirement system maintained  by  such  political  subdivision,  or  any
  agency  thereof,  any  class  or  classes of offices or positions in the
  service of such political subdivision,  or  any  agency  thereof,  where
  coverage  of  such  class  or classes by old-age and survivors insurance
  under the federal  social  security  act  would,  in  its  judgment,  be
  advantageous to those serving in such class or classes. The exclusion of
  any  such class or classes shall not become effective until an agreement
  shall have been entered into with  the  state  of  New  York  to  extend
  old-age  and  survivors  insurance coverage for such class or classes as
  provided in this article. The exclusion of any  such  class  or  classes
  shall  not  affect the membership of any officer or employee in any such
  pension or retirement system.
2. Nothing in this section shall be construed to deny to any member of
  any local  pension  or  retirement  system  maintained  by  a  political
  subdivision, or any agency thereof, of credit therein for service in any
  position  for  any  period during which old-age and survivor's insurance
  coverage under the federal social security act  was  provided  for  such

  position  and  during  which incumbents of such position were ineligible
  for membership in any such pension or retirement system.
3. The power to exclude employees from eligibility for membership in a
  local  pension or retirement system pursuant to subparagraph one of this
  paragraph e shall terminate with respect to any such system on  the  day
  after  the  modification  extending  the old-age and survivors insurance
  system to any position covered by such system is executed.