Sec. 39.30.030. Plans for coverage of employees of political subdivisions.

546 words·~2 min read·/ak/title-39/chapter-30/39-30-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A political subdivision of the state may submit for approval by the department a plan for extending the benefits of 42 U.S.C. 401 — 433 (Title II, Social Security Act) to its employees. A plan and an amendment to the plan shall be approved by the department if it finds that the plan or amendment

(1)conforms with the requirements prescribed in regulations of the department;

(2)conforms with the requirements of the Social Security Act and with the agreement entered into under AS 39.30.010 ;

(3)provides that services that constitute employment and are performed in the employ of the political subdivision by employees are covered by it;

(4)specifies the source from which the funds necessary to make the payments required by

(d)and

(e)of this section are expected to be derived and contains reasonable assurance that the source will be adequate for the purpose;

(5)provides for those methods of administration of the plan by the political subdivision that the department finds are necessary for the proper and efficient administration of the plan;

(6)provides that the political subdivision will make reports that the department requires, and will comply with requirements of the department or the Federal Security Administrator to assure the correctness and verification of the reports; and

(7)authorizes the department to terminate the plan in its entirety in its discretion if it finds that there is a failure to comply substantially with a provision in the plan at the time and upon the notice and conditions provided by regulations of the department that are consistent with the Social Security Act.

(b)The department may not refuse to approve a plan submitted by a political subdivision under

(a)of this section, and may not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected.

(c)A political subdivision that has an approved plan shall pay contributions into the state treasury at the rates specified in the agreement and at the time which the department prescribes by regulation.

(d)A political subdivision required to make payments under

(c)of this section may, in consideration of the employee's retention in, or entry into, employment after March 23, 1951, impose upon each of its employees, as to services that are covered by an approved plan, a contribution with respect to the employee's wages, not exceeding the amount of tax that would be imposed by 26 U.S.C. 3101 (Federal Insurance Contributions Act) if the services constituted employment within the meaning of that act, and may deduct the amount of this contribution from the employee's wages. Contributions so collected shall be paid into the state treasury in partial discharge of the liability of the political subdivision or instrumentality under

(c)of this section. Failure to deduct the contribution does not relieve the employee or employer of liability for it.

(e)A delinquent payment due under

(c)of this section, with interest at the rate of six percent a year, may be recovered by action against the political subdivision liable for it or may, at the request of the department, be deducted from any other money payable to the political subdivision by a department or agency of the state.