Referendum on the Question of Coverage of Certain Groups of Employees

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Social Security Coverage for Employees of the State and Political Subdivisions of the State
  5. Plans, Agreements, and Referendums Regarding Social Security Coverage
  6. Referendum on the Question of Coverage of Certain Groups of Employees

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  1. The Governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision shall be excluded from or included under an agreement under this chapter. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors and the liabilities to which they will be subject, if their services are included under an agreement under this chapter.
  2. Upon receiving evidence satisfactory to him that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the Governor is authorized so to certify to the secretary of health and human services.

(Ga. L. 1956, p. 75, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Certified professional personnel who are newly employed by the Department of Education and who opt for membership in the Teachers Retirement System (TRS) pursuant to Ga. Laws 1983, p. 1859 are not presently extended Social Security coverage although such coverage could possibly be established under the referendum procedure set out in O.C.G.A. § 47-18-42. 1983 Op. Att'y Gen. No. 83-49.


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