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    Subdivision 1. Election of Social Security coverage. Any member of the legislators
retirement plan established under chapter 3A who did not elect coverage under an agreement under
section 218(d) of the Social Security Act as provided for in section 355.624 is entitled to elect
future Social Security coverage and retroactive coverage for the period consistent with applicable
federal law, in a second Social Security referendum. Any member who so elects shall become a
member of the coordinated program of the legislators retirement plan under section 3A.15. The
governor shall set a date for the referendum and shall undertake any duties to amend the state's
Social Security Act, section 218 agreement, with the Secretary of Health and Human Services.
    Subd. 2. Payment of retroactive Social Security taxes. For any service by a legislator who
is in office on the date of the agreement or modification of the agreement with the Secretary of
Health and Human Services, the executive director of the Minnesota State Retirement System
shall cause to be paid an amount for each legislator, including an amount for retroactive coverage,
equal to the taxes which would have been imposed on the legislator and state of Minnesota by the
Federal Insurance Contributions Act had the service been covered at the time performed. This
payment shall be computed from the date of retroactive coverage to the date that deductions are
first taken from the wages of each legislator for Social Security coverage. Before making a
payment on behalf of a legislator, the executive director must receive from the legislator the
funds necessary to make the payment. Nothing in this section shall require a legislator to elect
retroactive Social Security coverage.
    Subd. 3. Deduction from wages. A legislator who elects Social Security coverage under
this section shall have a deduction taken from wages in an amount equal to the employer and
employee contributions required by either subdivision 1 or subdivision 2.
History: 2002 c 392 art 15 s 2

Official Publication of the State of Minnesota
Revisor of Statutes