Page:United States Statutes at Large Volume 71.djvu/547

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[71 Stat. 511]
PUBLIC LAW 000—MMMM. DD, 1957
[71 Stat. 511]

71

STAT.]

PUBLIC LAW 85-226-AUG. 30, 1957

511

Public Law 85-226 AN ACT To amend title II of the Social Security Act to permit any instrumentality of two or more States to obtain social security coverage, under its agreement, separately for those of its employees who a r e covered by a retirement system and who desire such coverage, to include Alabama, Georgia, New York, and Tennessee among the States which may obtain social security coverage for policemen and firemen in positions covered by a retirement system on the same basis as other State and local employees, and to extend the period during which State agreements for social security coverage of State and local employees may be made retroactive.

August 30, 1957 [H. R. 8755]

Be it enacted by the Senate and House of Representatives of the Social security. United States of America in Congress assembled, That subsection (k) Retirement sysof section 218 of the Social Security Act is amended by inserting tems"in'"c eVt aYn " (1) " after " (k) " and by adding at the end thereof the following new ^^/^at. 5i4. paragraph: 42 USC 4is." "(2) In the case of any instrumentality of two or more States, if— " (A) employees of such instrumentality are in positions covered by a retirement system of such instrumentality or of any of such States or any of the political subdivisions thereof, and " (B) such retirement system is (on, before, or after the date of enactment of this paragraph) divided into two divisions or parts, one of which is composed of positions of members of such system who are employees of such instrumentality and who desire coverage under an agreement under this section and the other of which is composed of positions of members of such system who are employees of such instrumentality and who do not desire such coverage, and " (C) it is provided that there shall be included in such division or part composed of the positions of members desiring such coverage the positions of employees of such instrumentality who become members of such system after such coverage is extended, then such retirement system shall, if such instrumentality so desires, be deemed to be a separate retirement system with respect to each such division or part. The position of any employee of any such instrumentality wdiich is covered by any retirement system to which the preceding sentence is applicable shall, if such individual is ineligible to become a member of such system on the date of enactment of this paragraph or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under the insurance system established under this title. Services in positions covered by a separate retirement system created pursuant to this subsection (and consisting of the positions of members who desire coverage under an agreement under this section) shall be covered under such agreement on compliance, to the extent practicable, with the same conditions as are applicable to coverage under an agreement under this section of services in positions covered by a separate retirement system created pursuant to the fourth sentence of subsection (d)(6) (and consisting of the positions of members who desire coverage under such agreement)." SEC. 2. Subsection (p) of section 218 of the Social Security Act is 7o ^^^ ffe. amended by striking out "Florida, North Carolina, Oregon, South Carolina, or South Dakota" and inserting in lieu thereof "Alabama, Florida, Georgia, Maryland, New York, North Carolina, Oregon, South Carolina, South Dakota, Tennessee, or Territory of Hawaii".