A. 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 thereof should be excluded from or included under an agreement under this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978]. 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 act.
B. 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 or an officer of the state designated by the governor, shall so certify to the secretary of health, education and welfare.
History: 1953 Comp., § 5-7-9, enacted by Laws 1955, ch. 172, § 9; 1973, ch. 329, § 4.
ANNOTATIONSCross references. — For Section 218 of the federal Social Security Act, see 42 U.S.C. § 418.
Legislative intent. — The legislature intends, so far as the political subdivisions are concerned, that the initial step for coverage is to be made by the political subdivision by submitting a plan. If the plan is proper, and the political subdivision has its own retirement system or was a part of the state system, the governor is to call for a referendum for such political subdivision. If there happens to be a number of such divisions with proper plans, they can, of course, be grouped together for the purpose of the referendum. No political subdivision would work out a plan for coverage without first determining that the employees were for such plan. 1955 Op. Att'y Gen. No. 55-6333.
Scope of gubernatorial powers as to referendums. — The governor can, within the provisions of the Social Security Act, designate what shall constitute a retirement system for the purpose of a referendum. The governor can designate each political subdivision as a separate retirement system for the purpose of this referendum. 1955 Op. Att'y Gen. No. 55-6333.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 C.J.S. Social Security and Public Welfare §§ 28, 38.