Effective 28 Aug 2018
105.353. Referendum on inclusion of members of existing retirement systems — notice — agreement for coverage. — 1. Upon the request of the governing body of a coverage group covered by a retirement system, the governor shall authorize a referendum supervised by the office of administration, 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 sections 105.300 to 105.430. The notice required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or be accompanied by a statement, in such form and detail 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 sections 105.300 to 105.430. The public school retirement system of Missouri shall constitute a single retirement system and vote in a single referendum except that each state college and teachers' college and the department of elementary and secondary education shall be treated as a separate retirement system, shall vote in a separate referendum and shall determine its coverage independently of action taken by any other entity.
2. Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor or designee shall so certify to the Commissioner of the Social Security Administration.
3. In the event the employees in positions covered by the public school retirement system of Missouri, except employees of any state college, vote to be included under an agreement under sections 105.300 to 105.430, the employing political subdivision, instrumentalities and the state shall enter into and execute an agreement with the state agency for extending the benefits of Title 2 of the Social Security Act (42 U.S.C.A. Section 401, et seq.) to their employees.
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(L. 1955 p. 729 § 105.355, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1100, et al., A.L. 2018 S.B. 975 & 1024 Revision)
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