N.Y. Retirement & Social Security Law § 133: Agreement with federal secretary

§ 133. Agreement with federal secretary. 1. The director is hereby

authorized, on behalf of the state, to enter into an agreement with the

federal secretary for the purpose of extending old-age and survivors

insurance coverage to eligible employees of the state or of any

political subdivision.

2. The agreement with the federal secretary shall provide that the

state will pay to the secretary of the treasury of the United States, at

such time or times as may be prescribed under the federal social

security act, contributions with respect to wages, equal to the sum of

the taxes which would be imposed by sections thirty-one hundred one and

thirty-one hundred eleven of the federal insurance contributions act if

the services covered by such agreement constituted employment within the

meaning of that act. Such agreement also may contain such provisions

relating to coverage, benefits, contributions, adjustments, refunds,

administration, effective date, modification and termination of the

agreement and such other appropriate provisions as the director and the

federal secretary may agree upon and which are consistent with this

article and the federal social security act. Such agreement, or any

modification thereof, may be made retroactive where authorized by the

federal social security act.

3. Such agreement shall apply to:

a. All services which constitute employment and are performed in the

employ of the state by employees thereof, provided, however, that the

director may exclude from coverage under such agreement, or modification

thereof, in accordance with the federal social security act, classes of

employment where he shall determine that old-age and survivors insurance

coverage for such classes is impracticable; and

b. All services which constitute employment and are performed in the

employ of a political subdivision, whether or not covered by an

agreement entered into pursuant to section one hundred thirty-six of

this chapter, provided, however, that the director may exclude from

coverage under such agreement, or modification thereof, in accordance

with the federal social security act, classes of employment where he

shall determine that old-age and survivors insurance coverage for such

classes is impracticable.

4. Any instrumentality jointly created by this state and any other

state or states is hereby authorized, upon the granting of like

authority by such other state or states, (a) to enter into an agreement

with the federal secretary to provide old-age and survivors insurance

benefits to employees of such instrumentality, (b) to require its

employees to pay (and for that purpose to deduct from their wages)

contributions equal to the tax which would be imposed by section

thirty-one hundred one of the federal insurance contributions act, (c)

to make payments to the secretary of the treasury in accordance with

such agreement, including payments from its own funds equal to the

amount of the tax which would be imposed by section thirty-one hundred

eleven of the federal insurance contributions act, and (d) otherwise to

comply with such agreements.