105.310. Federal-state agreement--contents--services covered.
Federal-state agreement--contents--services covered.
105.310. 1. The state agency, with the approval of the governor, shallenter into on behalf of the state an agreement with the Secretary of Healthand Human Services, consistent with sections 105.300 to 105.440, for thepurpose of extending the benefits of the federal old age and survivorsinsurance system to employees of the state or of any of its politicalsubdivisions, or of any instrumentality of any one or more of them, withrespect to services specified in such agreement, which constitute employmentas defined in section 105.300. Such agreement may contain provisions relatingto coverage, benefits, contributions, effective date, modifications andtermination of the agreement, administration and other appropriate provisions,and except as otherwise required by the Social Security Act as to the servicesto be covered, such agreement shall provide that benefits will be granted toemployees whose services are covered by the agreement, their dependents andsurvivors, on the same basis as though the services constituted employmentwithin the meaning of Title 2 of the Social Security Act (42 U.S.C.A. § 401 etseq.).
2. A modification entered into after December 31, 1954, and prior toJanuary 1, 1958, may be effective with respect to services performed afterDecember 31, 1954, or after a later date specified in the modification.
3. All services which constitute employment as defined in section105.300 and are performed in the employ of the state by employees of the stateshall be covered by the agreement.
4. All services shall be covered by the agreement which:
(1) Constitute employment as defined in section 105.300;
(2) Are performed in the employ of a political subdivision or in theemploy of an instrumentality of either the state or a political subdivision;except services performed in the employ of any municipality in connection withits operation of a public transportation system as defined in section 210(1)of the Social Security Act (42 U.S.C.A. § 410); and there is hereby granted tothe governing body of such municipality and the officers in charge of suchtransportation system such powers and authority as may be necessary to complywith the Social Security Act in extending the benefits of the federal old ageand survivors insurance system to the employees of such public transportationsystem; and
(3) Are covered by a plan which is in conformity with the terms of theagreement approved by the state agency under section 105.350.
5. As modified the agreement shall include all services described ineither subsection 3 or 4 of this section and performed by individuals inpositions covered by a retirement system with respect to which the governorhas issued a certificate to the Secretary of Health and Human Servicespursuant to section 105.353.
(L. 1951 p. 788 § 2, A.L. 1955 p. 729, A.L. 1985 H.B. 640)Effective 6-25-85