1008.Divided Retirement Systems
1008.1Can states divide retirement systems?
Under Federal law, 23 states are authorized to divide a retirement system. This division is based on whether the employees in positions under that retirement system want Social Security coverage. These states are:
Alaska | New Jersey |
California | New Mexico |
Connecticut | New York |
Florida | North Dakota |
Georgia | Pennsylvania |
Hawaii | Rhode Island |
Illinois | Tennessee |
Kentucky | Texas |
Louisiana | Vermont |
Massachusetts | Washington |
Minnesota | Wisconsin |
Nevada |
1008.2Can members have a second chance to obtain Social Security coverage?
If you previously voted "no" in a referendum for Social Security coverage, State law may permit your State to provide members with a second chance to obtain Social Security coverage. If you then want coverage, you must file a written request for coverage with the State. This coverage must be made a part of a State's agreement within two years after the date of execution of the agreement extending coverage to the retirement system. The State may, at any time, hold a majority vote referendum among all members who did not choose coverage. The outcome of the referendum may provide coverage for all positions under the system not already covered under the system.
1008.3Can ineligibles obtain Social Security coverage?
If you are an employee in a position under the retirement system and you are ineligible for membership in the system, you will automatically be covered if the State conducts a favorable majority vote referendum. However, if the State conducts a divided vote referendum (see §1007.3), you will be covered at the option of the State. As an ineligible, you have no right of individual choice.
Last Revised: Aug. 25, 2009