2007 California Government Code Article 1. Applications For Coverage

CA Codes (gov:22200-22215)

22200.  The board is hereby authorized on behalf of the state to
administer and to maintain in full force and effect the agreement
entered into between the state and the Federal Security Administrator
on March 9, 1951, and all modifications thereof heretofore made.




22201.  The board shall, upon application by any public agency
except the state, in accordance with the provisions of this part
execute on behalf of the state an agreement with the federal agency
for the coverage of employees of such public agency under the federal
system in conformity with the provisions of Section 218 of the
Social Security Act and applicable federal regulations.



22201.7.  The board shall upon the request of the legislative or
governing body of any public agency, other than a school district,
made after affirmative, secret vote of a majority of the eligible
employees of the public agency in the class to be excluded, execute a
modification to the agreement in conformity with federal law and
regulations to exclude from coverage in any coverage group of such
agency service in any class or classes of part-time positions.



22202.  With respect to employees in the coverage group defined in
subdivision (a) of Section 22100, the application shall be deemed to
be made by a public agency if made by the Adjutant General. With
respect to employees in positions covered by the retirement system
set forth in subdivision (d) of Section 22009.1, the application
shall be deemed to be made by a public agency if made by the Teachers'
Retirement Board. With respect to employees in positions covered by
the retirement system set forth in subdivision (g) of Section
22009.1, the application shall be deemed to be made by a public
agency if made by the Regents of the University of California. With
respect to employees in the coverage group defined in subdivision (l)
of Section 22009.1, the application shall be deemed to be made by a
public agency if made by the governing body of the public agency, as
defined in Section 22009.03.



22203.  Notwithstanding Section 22201, before the board shall
execute on behalf of the state an agreement with the federal agency
as provided in this chapter, the public agency and the board shall
enter into a written agreement, that shall include provisions not
inconsistent with this part that the board deems necessary in the
administration of the federal system as it affects the state and the
public agency and its employees.
   For the purposes of this section, the state shall not be deemed to
be a public agency, but nevertheless an agreement entered into
pursuant to this part by the board and the Teachers' Retirement Board
or the Adjutant General or the Regents of the University of
California or the governing body of a public agency, as defined in
Section 22009.03, shall be deemed to be entered into by the board and
a public agency.


22204.  The agreement between the state and the federal agency shall
include each coverage group or retirement system coverage group as
to which formal request for the inclusion is made by the legislative
or governing body of the employing public agency pursuant to this
chapter, prior to the effective date of the agreement.  For the
purposes of this section, the state shall not be deemed to be a
public agency, but nevertheless any formal request for the inclusion
made by the Teachers' Retirement Board upon authorization by the
Legislature or by the Regents of the University of California, or by
the Adjutant General, shall be deemed to be made by the governing
body of an employing public agency.



22205.  The legislative or governing body of every public agency
having employees who are in positions not covered by any retirement
system may, upon the affirmative vote of a majority of the eligible
employees of such public agency or of any coverage group thereof,
make formal application to the board for inclusion of such eligible
employees in the said agreement.



22206.  The legislative or governing body of every public agency
having employees in positions covered by a retirement system who are
ineligible to become members of such retirement system may upon the
affirmative vote of a majority of the eligible employees of any
coverage group of such public agency of which the employees who are
ineligible to be members of such retirement system are a part, make
formal application to the board for inclusion of the eligible
employees of such coverage group in the said agreement; provided,
that the terms of the agreement do not already apply to said
positions.


22207.  The legislative or governing body of every public agency
having employees in positions covered by a retirement system who are
ineligible to become members of such retirement system may in the
case of any coverage group to which said agreement already applies,
and upon the affirmative vote of a majority of the eligible employees
in any coverage group of such public agency of which the employees
who are ineligible to be members of such retirement system are a
part, make formal application to the board for inclusion of the
eligible employees of such coverage group in the said agreement;
provided, that the terms of the agreement do not already apply to
said positions; and provided, that on the effective date specified in
said agreement relating to the coverage of such employees under the
federal system, such employees are ineligible to be members of any
retirement system.



22207.5.  Whenever an affirmative vote of a majority of the eligible
employees in any coverage group is required as a condition of an
application under this article, such requirement shall be deemed
satisfied by the signatures of a majority of such eligible employees
on a written petition to the legislative or governing body requesting
such application.  For the purposes of such requirement an employee
shall be an eligible employee in each coverage group of a public
agency in which he is employed and which is included in a separate
application of the public agency.



22207.6.  Notwithstanding any other provision of this part, the
board may execute a modification of the agreement, in conformity with
the provisions of Section 218 of the Social Security Act and
applicable federal regulations adopted pursuant thereto, to include
the services of employees of a public agency which has ceased to
exist if, with respect to all such services, all taxes required of an
employer and an employee under Sections 3101 and 3111 of the
Internal Revenue Code of 1954 were reported and paid by the public
agency to the Internal Revenue Service in the mistaken belief that
such reporting and payment established coverage for such employees
and a refund of such taxes has not been requested or made.



22208.  With respect to each retirement system coverage group, the
legislative or governing body of every public agency having employees
in positions covered by a retirement system, may, upon the
affirmative vote of a majority of eligible retirement system
employees of the retirement system coverage group at a referendum
conducted in accordance with Article 2 (commencing with Section
22300) of this chapter and the rules and regulations promulgated by
the board pursuant to this part, make formal application to the board
for the inclusion of the employees in each retirement system
coverage group in the agreement.



22209.  At the request of a public agency, or as otherwise permitted
by the board, any class or classes of positions covered by a
retirement system which may be excluded from coverage under the
federal system pursuant to paragraph (3) or (5) of Section 218(c) of
the Social Security Act, and to which the agreement does not already
apply, may be excluded from the agreement at the time it is made
applicable to such retirement system; except that such exclusion
shall not include any services to which Section 218(c)(3)(B) of the
Social Security Act is applicable.



22212.  Notwithstanding any other provisions of this part, the board
shall execute a modification of the agreement in conformity with the
provisions of Section 218 of the Social Security Act and applicable
federal regulations adopted pursuant thereto, to include the services
of employees in positions covered by the Judges' Retirement System,
when a majority of the eligible retirement system employees in
positions covered by such system at a referendum conducted by the
board pursuant to Article 2 of this chapter and Section 218(d) of the
Social Security Act have voted in favor of inclusion in the federal
system.


22215.  All acts and proceedings heretofore taken under this part by
or on behalf of the state or any other public agency for inclusion
of its employees in the federal system and all modifications to the
agreement executed by the board pursuant to such acts and proceedings
are hereby confirmed, validated and declared legally effective.
This provision shall operate to supply such legislative authorization
as may be necessary to validate such acts, proceedings, and
modifications based thereon as the Legislature could have provided
for inclusion of such employees in the federal system.