105.353. Referendum on inclusion of members of existing retirement systems--notice--agreement for coverage. - Missouri Statutes

Referendum on inclusion of members of existing retirementsystems--notice--agreement for coverage.

105.353. 1. Upon the request of the governing body of a retirementsystem, the governor shall authorize a referendum supervised by the office ofadministration, in accordance with the requirements of section 218(d)(3) ofthe Social Security Act, on the question of whether service in positionscovered by a retirement system established by the state or by a politicalsubdivision thereof should be excluded from or included under an agreementunder sections 105.300 to 105.440. The notice required by section218(d)(3)(C) of the Social Security Act to be given to employees shall containor be accompanied by a statement, in such form and detail necessary andsufficient, to inform the employees of the rights which will accrue to themand their dependents and survivors, and the liabilities to which they will besubject, if their services are included under an agreement under sections105.300 to 105.440. The public school retirement system of Missouri shallconstitute a single retirement system and vote in a single referendum exceptthat each state college and teachers' college and the department of elementaryand secondary education shall be treated as a separate retirement system,shall vote in a separate referendum and shall determine its coverageindependently of action taken by any other entity.

2. Upon receiving evidence satisfactory to him that with respect to anyreferendum the conditions specified in section 218(d)(3) of the SocialSecurity Act have been met, the governor shall so certify to the Secretary ofHealth, Education and Welfare.

3. In the event the employees in positions covered by the public schoolretirement system of Missouri, except employees of any state college or stateteachers' college, vote to be included under an agreement under sections105.300 to 105.440, the employing political subdivision, instrumentalities andthe state shall enter into and execute an agreement with the state agency forextending the benefits of Title 2 of the Social Security Act (42 U.S.C.A. §401 et seq.) to their employees.

(L. 1955 p. 729 § 105.355, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1100, et al.)

Effective 6-21-88