2016 Delaware Code
Title 29 - State Government
CHAPTER 57. SOCIAL SECURITY
§ 5706. Plans for coverage of employees of political subdivisions.

(a) Each political subdivision of the State may submit for approval by the State Agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of such Act, to employees of such political subdivisions. Each such plan and any amendment thereof shall be approved by the State Agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the State Agency, except that no such plan shall be approved unless:

(1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under § 5703 of this title;

(2) It provides that all services which constitute employment and are performed in the employ of the political subdivision by employees thereof shall be covered by the plan except that it may exclude services performed by individuals to whom § 218(c)(3)(C) of the Social Security Act [42 U.S.C. § 418] is applicable; provided, however, that services which may be excluded under the Social Security Act may be excluded by the agreement;

(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (c) of this section and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;

(4) It provides for such methods of administration of the plan by the political subdivision as are found by the State Agency to be necessary for the proper and efficient administration of the plan;

(5) It provides that the political subdivision will make such reports, in such form and containing such information as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Secretary of Health, Education and Welfare may from time to time find necessary to assure the correctness and verification of such reports; and

(6) It authorizes the State Agency to terminate the plan in its entirety, in the discretion of the State Agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the State Agency and may be consistent with the Social Security Act.

(b) The State Agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section and shall not terminate an approved plan without reasonable notice and opportunity for hearing to the political subdivision affected thereby.

(c)(1) Each political subdivision as to which a plan has been approved under this section shall pay into the Contribution Fund with respect to wages, at such time or times as the State Agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State Agency under § 5703 of this title.

(2) Each political subdivision required to make payments under paragraph (1) of this subsection may, in consideration of the employee's retention in or entry upon employment after June 8, 1951, impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to wages not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of such Act and may deduct the amount of such contribution from wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.

(d) Delinquent payments due under paragraph (1) of subsection (c) of this section may, with interest at the rate currently then being charged by the Social Security Administration but not less than $10 per each delinquency, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the State Agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State.

48 Del. Laws, c. 344, § 5; 29 Del. C. 1953, § 5706; 49 Del. Laws, c. 194, §§ 4, 5; 50 Del. Laws, c. 445, §§ 5, 11, 12; 63 Del. Laws, c. 156, § 1; 70 Del. Laws, c. 186, § 1.;