40-2303. Agreements to extend benefits of federal system.
40-2303
40-2303. Agreements to extend benefits of federal system.(a) Federal state agreement.The state agency, with the approval ofthe governor, is hereby authorized to enter on behalf of the state intoan agreement with the secretary of health, education, and welfare,consistent with the terms and provision of this act, for the purpose ofextending the benefits of the federal old-age and survivors insurancesystem to employees of the state or any political subdivision thereofwith respect to services specified in such agreement which constitute"employment" as defined in subsection (b) of K.S.A. 40-2302. Such agreement maycontain such provisions relating to coverage, benefits, contributions,effective date, modification and termination of the agreement,administration, and other appropriate provisions as the state agency andsecretary of health, education, and welfare shall agree upon, but,except as may be otherwise required by or under the social security actas to the services to be covered, such agreement shall provide in effectthat:
(1) Benefits will be provided for employees whose services arecovered by the agreement (and their dependents and survivors) on thesame basis as though such services constituted employment within themeaning of title II [*] of the social security act;
(2) the state will pay to the secretary of the treasury, at suchtime or times as may be prescribed under the social security act,contributions with respect to wages, as defined in subsection (a) ofK.S.A. 40-2302, equal to the sum of the taxes which would be imposed by the federalinsurance contributions act if the services covered by the agreementconstituted employment within the meaning of that act;
(3) such agreement shall be effective with respect to services inemployment covered by the agreement performed after a date specifiedtherein but in no event may it be effective with respect to any suchservices performed prior to the first day of the calendar year in whichsuch agreement is entered into or in which the modification of theagreement making it applicable to such services, is entered into exceptthat a modification entered into after December 31, 1954, and prior toJanuary 1, 1958, shall be effective with respect to services performedafter December 31, 1954;
(4) all services which constitute employment, as defined insubsection (b) of K.S.A. 40-2302, and are performed in the employ of the state or acounty by employees of the state or a county, shall be covered by theagreement;
(5) all services which (A) constitute employment as defined inK.S.A. 40-2302;(B) are performed in the employ of another political subdivision of thestate; and (C) are covered by a plan which is in conformity with theterms of the agreement and has been approved by the state agency underK.S.A. 40-2305,shall be covered by the agreement;
(6) as modified, the agreement shall include all services describedin either paragraph (4) or paragraph (5) of this subsection andperformed by individuals to whom section 218(c)(3)(C) of the socialsecurity act is applicable, and shall provide that the service of anysuch individual shall continue to be covered by the agreement in case hethereafter becomes eligible to be a member of a retirement system; and
(7) as modified, the agreement shall include all services describedin either paragraph (4) or paragraph (5) of this subsection andperformed by individuals in positions covered by a retirement systemwith respect to which the governor has issued a certificate to thesecretary of health, education, and welfare pursuant to K.S.A.40-2305a.
(b) Interstate instrumentalities. Any instrumentality jointlycreated by this state and any other state or states is herebyauthorized, upon the granting of like authority by such other state orstates:
(1) To enter into an agreement with the secretary of health,education, and welfare whereby the benefits of the federal old-age andsurvivors insurance system shall be extended to employees of suchinstrumentality;
(2) to require its employees to pay (and for that purpose to deductfrom their wages) contributions equal to the amounts which they would berequired to pay under subsection (a) of K.S.A. 40-2304, if they were covered byan agreement made pursuant to subsection (a) of this section; and
(3) to make payments to the secretary of the treasury in accordancewith such agreement, including payments from its own funds, andotherwise to comply with such agreements.
Such agreements shall, to the extent practicable, be consistent withthe terms and provisions of subsection (a) of this section and otherprovisions of this act.
History: L. 1951, ch. 464, § 3; L. 1953, ch. 236, § 1; L. 1955, ch. 246, § 3;April 13.