40-2305a. Certain school employees considered employees of state; referendum; certification.
40-2305a
40-2305a. Certain school employees considered employees of state;referendum; certification.(a) For the purpose of applying and construing the provisions of thissection, the employees of any political subdivision who are covered bythe state system for retirement and payment of annuities to schoolemployees as provided for in article 55 of chapter 72 of the KansasStatutes Annotated, and acts amendatorythereof or supplemental thereto, shall be considered to be employees ofthe state and not of a political subdivision.
(b) With respect to employees of the state the governor is empoweredto authorize a referendum, and with respect to the employees of anypolitical subdivision he shall authorize a referendum upon request ofthe governing body of such subdivision; and in either case thereferendum shall be conducted, and the governor shall designate anagency or individual to supervise its conduct, in accordance with therequirements of section 218(d)(3) of the social security act, on thequestion of whether service in positions covered by a retirement systemestablished by the state or by a political subdivision thereof should beexcluded from or included under an agreement under this act. Thegovernor or the agency or individual whom he shall designate tosupervise the conduct of a referendum, with the approval of thegovernor, shall adopt rules and regulations governing the calling,holding and canvassing of such referendum. If the governor shall have,prior to the effective date of this act, designated an agency orindividual to supervise the conduct of a referendum all the acts of thegovernor and of such agency or individual performed prior to theeffective date of this act are hereby validated and confirmed to thesame extent as if done under the authority of this act and, in the caseof a political subdivision, regardless of the fact that the governingbody of such political subdivision did not request such referendum. Thenotice of referendum required by section 218(d)(3)(C) of the socialsecurity act to be given to employees shall contain or shall beaccompanied by a statement, in such form and such detail as the agencyor individual designated to supervise the referendum shall deemnecessary and sufficient, to inform the employees of the rights whichwill accrue to them and their dependents and survivors, and theliabilities to which they will be subject, if their services areincluded under an agreement under this act.
(c) Upon receiving evidence satisfactory to him that with respect toany such referendum the conditions specified in sections 218(d)(3) ofthe social security act have been met, the governor shall so certify tothe secretary of health, education and welfare.
History: L. 1955, ch. 246, § 6; April 13.