67-11-3 - General powers of state agency and interstate instrumentalities.
67-11-3. General powers of state agency and interstate instrumentalities.
(1) The state agency, with the approval of the governor, is hereby authorized to enter onbehalf of the state into an agreement with the federal security administrator, consistent with theterms and provisions of this chapter, for the purpose of extending the benefits of the federalold-age and survivors insurance system to employees of the state or any political subdivisionthereof with respect to services specified in such agreement which constitute "employment" asdefined in Section 67-11-2. Such agreement may contain such provisions relating to coverage,benefits, contributions, effective date, modification and termination of the agreement,administration, and other appropriate provisions as the state agency and federal securityadministrator shall agree upon. However, except as may be otherwise required or permitted by orunder the Social Security Act as to the services to be covered, such agreement shall provide ineffect that:
(a) Benefits will be provided for employees whose services are covered by the agreement(and their dependents and survivors) on the same basis as though such services constitutedemployment within the meaning of Title II of the Social Security Act.
(b) The state will pay to the secretary of the treasury of the United States, at such time ortimes as may be prescribed under the Social Security Act, contributions with respect to wages, asdefined in Section 67-11-2, equal to the sum of the taxes which would be imposed by Sections1400 and 1410 of the Federal Insurance Contributions Act if the services covered by theagreement constituted employment within the meaning of that act.
(c) The agreement shall be effective with respect to services in employment covered bythe agreement performed after a date specified therein but in no event may it be effective withrespect to any such services performed prior to January 1, 1951, and in no case prior to anemployment period with reference to which said insurance coverage can be obtained under theprovisions of the Social Security Act.
(d) All services which constitute employment as defined in Section 67-11-2 and areperformed in the employ of the state by employees of the state, shall be covered by theagreement.
(e) All services which constitute employment as defined in Section 67-11-2, areperformed in the employ of a political subdivision of the state, and are covered by a plan which isin conformity with the terms of the agreement and has been approved by the state agency underSection 67-11-5, shall be covered by the agreement.
(2) Any instrumentality jointly created by this state and any other state or states is herebyauthorized, upon the granting of like authority by such other state or states:
(a) to enter into an agreement with the federal security administrator whereby thebenefits of the federal old-age and survivors insurance system shall be extended to employees ofsuch instrumentality;
(b) to require its employees to pay, and for that purpose to deduct from their wages,contributions equal to the amounts which they would be required to pay under Subsection67-11-4(1) if they were covered by an agreement made pursuant to Subsection (1); and
(c) to make payments to the secretary of the treasury in accordance with such agreement,including payments from its own funds, and otherwise to comply with such agreements.
(3) An agreement shall, to the extent practicable, be consistent with the terms andprovisions of Subsections (1) and (2) and other provisions of this chapter.
Amended by Chapter 306, 2007 General Session