CHAPTER 2. THE FEDERAL-STATE AGREEMENT
IC 5-10.1-2
Chapter 2. The Federal-State Agreement
IC 5-10.1-2-1
Intent
Sec. 1. Intent. The procedures of this article are established to
provide the basic protection of the Social Security Act to public
employees and their dependents and survivors on as broad a basis as
is permitted by the Social Security Act.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-2
Authorization
Sec. 2. Authorization. The state agency with the approval of the
governor may enter into a federal-state agreement with the federal
administrator to extend the benefits of the Social Security Act to the
employees of the state and its political subdivisions.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-3
Coverage
Sec. 3. Coverage. (a) The agreement must cover services which
are performed by an employee for the state or political subdivision
and which are covered by a plan which conforms to the agreement
and has been approved by the state agency.
(b) The agreement may not cover services which are covered by
the Social Security Act without an agreement or which may not be
included in an agreement under the Social Security Act.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-4
Effective date
Sec. 4. Effective Date. The agreement or a modification to it must
contain an effective date for the coverage of services. The effective
date of the agreement may not be earlier than permitted by the Social
Security Act or earlier than January 1 of the year in which the
agreement is entered into.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-5
Payment to Secretary of Treasury
Sec. 5. Payment to the Secretary of Treasury. The state shall pay
to the secretary of the treasury, as prescribed under the Social
Security Act, contributions equal to the sum of taxes which would be
imposed by the Federal Insurance Contributions Act if the act
applied to services covered by the agreement.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-6
Permissible provisions
Sec. 6. Permissible Provisions. The agreement may contain such
provisions concerning coverage, benefits, contributions, effective
date, modification and termination of the agreement, administrative,
and other appropriate matters as the state agency and federal
administrator agree upon.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-7
Termination of coverage
Sec. 7. Termination of Coverage. Coverage by the Social Security
Act may be terminated by sending a written notice of termination to
the federal administrator. The termination is effective if:
(1) the notice is filed two (2) years before the time of
termination; and
(2) the employees have been covered for five (5) years or more
before the date on which the federal administrator receives the
notice.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-8
Rules and regulations
Sec. 8. Rules and Regulations. The state agency may make and
publish such rules and regulations as it finds appropriate for the
implementation of this article.
As added by Acts 1977, P.L.53, SEC.1.
IC 5-10.1-2-9
Exclusion of election workers
Sec. 9. (a) The agreement shall be modified to exclude services
performed by an election official or an election worker for calendar
year 2007 in which the remuneration paid for such services is less
than one thousand three hundred dollars ($1,300), and for each
calendar year after 2007 in which the remuneration paid is less than
the adjusted amount, as described in subsection (b), beginning with
services performed in the year that this modification was mailed or
delivered by other means to the Commissioner of Social Security.
(b) The one thousand three hundred dollar ($1,300) limit on the
excludable amount of remuneration paid in a calendar year for the
services specified in this modification will be subject to adjustment
for calendar years after 2007 to reflect changes in wages in the
economy without any further modification of the agreement, with
respect to such services performed during such calendar years, in
accordance with Section 218(c)(8)(B) of the Social Security Act.
(c) This exclusion applies to all coverage groups of the state and
its political subdivisions currently (as of the date this modification
is executed), including under this agreement and to which the
agreement is hereafter made applicable.
As added by P.L.234-2007, SEC.208.