8-38-108 - Political subdivisions Terms of plans Exclusions. - Tennessee Statutes

8-38-108. Political subdivisions Terms of plans Exclusions.

(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.

(b)  Each such plan and any amendment thereof 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 regulations of the state agency, except no such plan shall be approved unless it:

     (1)  Is in conformity with the requirements of the Social Security Act, and with the agreement entered into under § 8-38-103;

     (2)  Provides that all services which constitute employment as defined in § 8-38-101 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) or § 218(d) of the Social Security Act is applicable;

     (3)  Specifies the source or sources from which the funds necessary to make the payments required by §§ 8-38-111 and 8-38-114 are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose. Such reasonable assurance shall include a requirement that political subdivisions with no general taxing authority supply a form of financial guarantee within the guidelines established by the state agency;

     (4)  Provides for such methods of administration 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)  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 commissioner of social security may from time to time find necessary to ensure the correctness and verification of such reports; and

     (6)  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 provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulation of the state agency and may be consistent with the provisions of the Social Security Act. No plan may be terminated, either in its entirety or with respect to any coverage group, on or after the effective date of the Social Security Amendments of 1983. In instances where a political subdivision is legally dissolved or ceases to exist, the state agency shall submit a notice to the social security administration with evidence of dissolution.

(c)  Social security coverage is required for all political subdivisions as defined by § 8-38-101 which elect to participate in the Tennessee consolidated retirement system.

[Acts 1951, ch. 90, § 5 (Williams, § 1034.68); 1957, ch. 88, § 5; 1957, ch. 373, § 30; T.C.A. (orig. ed.), § 8-3808; Acts 1980, ch. 774, § 2; 1981, ch. 20, § 1; 1985, ch. 66, § 5; 1996, ch. 616, § 3.]