1056
PUBLIC LAW 761-SEPT. 1, 1954
[68 S T A T.
ing in lieu thereof "either (A) on the date such agreement is made applicable to such coverage group, or (B) on the date of enactment of the succeeding paragraph of this subsection (except in the case of positions which are, by reason of action by such State or political subdivision thereof, as may be appropriate, taken prior to the date of enactment of such succeeding paragraph, no longer covered by a retirement system on the date referred to in clause (A), and except Post, p. 1057. jn the case of positions excluded by paragraph (5)(A)) ". 42 USC 418. (2) Such section 218(d) is further amended by adding at the end thereof the following new paragraphs: " (2) I t is hereby declared to be the policy of the Congress in enacting the succeeding paragraphs of this subsection that the protection afforded employees in positions covered by a retirement system on the date an agreement under this section is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof, a'V'erm^en"wuh "(^) Notwithstanding paragraph (1), an agreement with a State state. may be made applicable (either in the original agreement or by any modification thereof) to service performed by employees in positions covered by a retirement system (including positions specified in paragraph (4) but not including positions excluded by or pursuant to paragraph (5)), if the governor of the State certifies to the Secretary of Health, Education, and Welfare that the following conditions have been met: " (A) A referendum by secret written ballot was held on the question of whether service in positions covered by such retirement system should be excluded from or included under an agreement under this section; " (B) An opportunity to vote in such referendum was given (and was limited) to eligible employees; "(C) Not less than ninety days'notice of such referendum was given to all such employees; .!:>:; 5.uio-' " (D) Such referendum was conducted under the supervision of the governor or an agency or individual designated by him; and " (E) A majority of the eligible employees voted in favor of including service in such positions under an agreement under this section, pil'^i!'^'^*'^* *"" -^^ employee shall be deemed an 'eligible employee' for purposes of any referendum with respect to any retirement system if, at the time such referendum was held, he was in a position covered by such retirement system and was a member of such system, and if he was in such a position at the time notice of such referendum was given as required by clause (C) of the preceding sentence; except that he shall not be deemed an 'eligible employee' if, at the time the referendum was held, 1' he was in a position to which the State agreement already applied, or if he was in a position excluded by or pursuant to paragraph (5). No referendum with respect to a retirement system shall be valid for purposes of this paragraph unless held within the two-year period which ends on the date of execution of the agreement or modification . «.,: which extends the insurance system established by this title to such retirement system, nor shall any referendum with respect to a retirement system be valid for purposes of this paragraph if held less than one year after the last previous referendum held with respect to such retirement system.
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