Social Security; Public employees
Extends additional social security benefits to employees of the East-West Center. (SB3175 HD1)
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
relating to social security for public employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The state agency, with the approval of the governor, may enter on behalf of the State into an agreement with the Secretary of Health and Human Services consistent with the terms and provisions of this Act, for the purpose of extending the benefits of the federal old age, survivors, and hospital insurance system to employees of the Center for Cultural and Technical Interchange Between East and West, Inc., with respect to services specified in the agreement which constitute "employment" as defined in section 88-211, Hawaii Revised Statutes. The agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the state agency and Secretary of Health and Human Services shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, the agreement shall provide in effect that:
(1) Benefits shall be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though the services constituted employment within the meaning of Title II of the Social Security Act;
(2) The State shall pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 88-211), equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act;
(3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to the first day of January 1951;
(4) All services that constitute employment as defined in section 88-211 and are performed in the employ of the State by employees of the State, shall be covered by the agreement; provided that except for purposes of paragraph (6) of this section, services of state employees may be covered under the agreement at such times, as members of the coverage group or groups (as defined in section 218(b)(5) of the Social Security Act), and with such optional exclusions (as permitted by section 218(c) of the Social Security Act, including section 218(c)(3)(C) thereof) as may be decided upon by the state agency with the approval of the governor, as evidenced by the governor's approval of the pertinent agreement or modification thereto;
(5) All services that:
(A) Constitute employment as defined in section 88-211;
(B) Are performed in the employ of a political subdivision of the State; and
(C) Are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state agency under section 88-218,
shall be covered by the agreement; and
(6) As modified, the agreement shall include all service described in paragraph (4) and may include all service described in paragraph (5) of this section and performed by individuals in positions covered by a retirement system with respect to which the governor has issued a certificate to the Secretary of Health and Human Services pursuant to section 88-219.
SECTION 2. The Center for Cultural and Technical Interchange Between East and West, Inc. (Center), a Hawaii educational nonprofit public corporation, may submit for approval by the state agency a plan for extending the benefits of Title XVIII of the Social Security Act, in conformity with applicable provisions of the Act, to employees of the Center. Each plan and any amendment thereof shall be approved by the state agency if it finds that the plan, or the plan as amended, conforms with such requirements provided in regulations of the state agency, except that no plan shall be approved unless the plan:
(1) Conforms with the requirements of the Social Security Act and with the agreement entered into under section 88-212;
(2) Provides that all services that constitute employment as defined in section 88-211 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 section 218(c)(3) of the Social Security Act is applicable;
(3) Specifies the source or sources from which the funds necessary to make the payments required by sections 88-221 and 88-223 are expected to be derived and contains reasonable assurance that the sources will be adequate for the purpose;
(4) 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) Provides that the political subdivision shall 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 and Human Services may from time to time find necessary to assure the correctness and verification of the reports; and
(6) 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 the plan, the termination to take effect at the expiration of the notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the Social Security Act.
SECTION 3. The Center for Cultural and Technical Interchange Between East and West, Inc., shall reimburse all appropriate agencies for costs incurred to implement this Act as it applies to the corporation.
SECTION 4. The definitions in section 88-211, Hawaii Revised Statutes, shall apply to this Act.
SECTION 5. Sections 88-211 and 88-212, Hawaii Revised Statutes, are amended by substituting the phrase "Health and Human Services" or like terms, wherever the phrase "Health, Education, and Welfare", or like terms appear, as the context requires.
SECTION 6. This Act shall take effect on July 1, 2010.