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Session Laws, 1994
Volume 773, Page 735   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 6

The only changes are in style.

[34.] 6.

(a) Each political subdivision of the State is hereby authorized to submit for
approval by the State Agency a plan for extending the benefits of Title II of the Social
Security Act, in conformity with applicable provisions of such act, to employees of such
political subdivision. Each such plan and any amendment thereto shall be approved by the
State Agency if it finds that such plan, or such plan as amended, is in conformity with
such requirements as are provided in the regulations of the State Agency, except that no
such plan shall be approved unless:

(1)     It is in conformity with the requirements of the Social Security Act and
with the agreement entered into under [§ 32 of this subtitle] § 4 OF THIS SUBHEADING;

(2)     It provides that all services which constitute employment as defined in
[§ 31 of this subtitle] § 3 OF THIS SUBHEADING and are performed in the employ of the
political subdivision by employees thereof, shall be covered by the plan except that it may
exclude services performed by individuals to whom § 218(c)(3)(C) of the Social Security
Act is applicable, and provided that any plan applicable to services performed by
individuals to whom § 218(d)(3) of the Social Security Act is applicable shall conform to
the provisions of [§ 38 of this subtitle] § 10 OF THIS SUBHEADING;

(3)     It specifies the source or sources from which the funds necessary to
make the payments required by [paragraphs (1) and (3) of subsection] SUBSECTIONS
(d)(1) and (3) and [by subsection] (e) OF THIS SECTION are expected to be derived and
contains reasonable assurances that such sources will be adequate for such purpose;

(4)     It provides for such methods of administration and financing of the plan
by the political subdivision as are found by the State Agency to be necessary for the
proper and efficient administration of the plan;

(5)     It provides that the political subdivision will make such reports, in such
form and containing such information, as the State Agency may from time to time
require, and comply with such provisions as the State Agency or the Secretary of Health [,
Education and Welfare] AND HUMAN SERVICES may from time to time find necessary
to assure the correctness and verification of such report;

(6)     It authorizes the State Agency to terminate the plan in its entirety, in the
discretion of the State Agency, if it finds that there has been a failure to comply
substantially with any provisions contained in such plan, such termination to take effect at
the expiration of such notice and on such conditions as may be provided by regulations of
the State Agency and may be consistent with the provisions of the Social Security Act.
Regulations of the State Agency for the termination of the plan shall provide that in the
event of termination the retirement rights and expectancies of the employees concerned
shall be protected by the political subdivision in accordance with the provisions of [§ 30
of this subtitle] § 2 OF THIS SUBHEADING; and

(7)     It contains such other provisions as the State Agency may by rule and
regulation reasonably require consistent with this [subtitle] SUBHEADING and the Social
Security Act.

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Session Laws, 1994
Volume 773, Page 735   View pdf image
 Jump to  
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