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after active service of ninety days or more or by reason of a disabilir or injury incurred or aggravated in service in line of duty; k such term shall not include any individual who died while in ;:_ active military or naval service of the United States if his death wa; inflicted (other than by an enemy of the United States) as lawh punishment for a military or naval offense.

(f) (1) In any case where a World War 11 veteran (as defined i: subsection (d) (2)) or a veteran (as defined in subsection (e) (4)) hidied or shall hereafter die, and his widow or child is entitled under tL Civil Service Retirement Act of May 29, 1930, as amended, to t annuity in the computation of which his active military or navi service was included, clause (B) of subsection (a) (1) or clause (B of subsection (e) (1) shall not operate (solely by reason of sue: annuity) to make such subsection inapplicable in the case of an* monthly benefit under section 202 which is based on his wages at. self-employment income; except that no such widow or child shall be entitled under section 202 to any monthly benefit in the computatio: of which such service is included by reason of this subsection (A, unless such widow or child after Ltecember 1956 waives his or her right to receive such anuity, or (13) for any month prior to the first month with respect to which the Civil Service Commission certifies to the Secretary of Health, Education, and Welfare that (by reason of such waiver) no further annuity will be paid to such widow 01 child under such Act of May '29, 1930, as amended, on the basis oi such veteran's military or civilian service. Any such waiver shall b< irrevocable.

(2) Whenever a widow waives her right to receive such annuity such waiver shall constitute a waiver on her own behalf; a waiver by a legal guardian or guardians, or, in the absence of a legal guardian, the person (or persons) who has the child in his care, of the child's right to receive such annuity shall constitute a waiver on behalf of such child. Such a waiver with respect to an annuity based on a veteran's service shall be valid only if the widow and all children, or. if there is no widow, all the children, waive their rights to receive annuities under the Civil Service Retirement Act of Afay 29, 1930, as amended, based on such veteran's military or civilian service.242

(g) (1) There are hereby authorized to be appropriated to the Trust Funds annually, as benefits under this title are paid after June 1956, such sums as the Secretary of Health, Education, and Welfare determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lumpsum death payments).

(2) The Secretary shall, before October 1, 1958, determine the amount which would place the Federal Old-Age and Survivors Insurance Trust Fund in the same position in which it would have been at the close of June 30,1956, if section 210 of this Act, as in effect prior to the Social Security Act Amendments of 1950, and section 217 of this Act (including amendments thereof), had not been enacted. There are hereby authorized to be appropriated to such Trust Fund annually, during the first ten fiscal years beginning after such determination is made, sums aggregating the amount so determined, plus

"•For recompatatlon to Include military service wage credits, see sec. 314 (c) (2) of P. L. 86-840 on p. 218.

rvterest accruing on such amount (as reduced by appropriations made mrsuant to this paragraph) for each fiscal year beginning after Tune 3O, 1956, at a rate for such fiscal year equal to the average rate )f interest (as determined by the Managing Trustee) earned on the nvested. assets of such Trust Fund during the preceding fiscal year.

Gratuitous Wage Credits for American Citizens Who Served in the Armed

Forces of Allied Countries

(h) (1) For the purposes of this section, any individual who the Secretary finds—

(A) served during World War II (as defined in subsection (d) (1)) in the active military or naval service of a country which was on September 16, 1940, at war with a country with which the United States was at war during World War II;

(li) entered into such active service on or before December 8, 1941;

(C) was a citizen of the United States throughout such period of service or lost his United States citizenship solely because of his entrance into such service;

(D) had resided in the United States for a period or periods aggregating four years during the five-year period ending on the day of, and was domiciled in the United States on the day of, such entrance into sucli active service; and

(E) (i) was discharged or released from such service under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty, or

(ii) died while in such service,

shall be considered a World War II veteran (as defined in subsection (d) (2)) and such service shall be considered to have rfcen performed in the active military or naval service of the United States.

(2) In the case of any individual to whom paragraph (1) applies,

proof of support required under section 202 (f) or (h) may be filed

:' at any time prior to the expiration of two years after the date of such

individual's death or the date of the enactment of this subsection,

whichever is the later.243

W

Voluntary Agreements for Coverage of State and Local
Employees

i'

Purpose of Agreement

Sec. 218. (a) (1) The Secretary of Health, Education, and Welfare ,j shall, at the request of any State, enter into an agreement with such t State for the purpose of extending the insurance system established by this title to services performed by individuals as employees of such ,; State or any political subdivision thereof. Each such agreement shall ,j contain such provisions, not inconsistent with the provisions of this } section, as the State may request.

(2) Notwithstanding section 210 (a), for the purposes of this title it the term "employment includes any service included under an agreement entered into under this section.

""See sec. 314 (c) (2) of P. L. 85-840, p. 218, for recomputatlon to Include military service credits granted under this provision.

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Definitions

(b) For the purposes of this section—

(1) The term "State" does not include the District of Columbia. Guam or American Samoa.144

(2) The term "political subdivision" includes an instrumen tahty of (A) a State, (B) one or more political subdivisions of a State, or (C) a State and one or more of its political subdivisions.

(3) The term "employee" includes an officer of a State or political subdivision.

(4) The term "retirement system" means a pension, annuity, retirement, or similar fund or system established by a State or b'j a political subdivision thereof.

(5) The term "coverage group" means (A) employees of the State other than those engaged in performing service in connection with a proprietary function; (B) employees of a political subdivision of a State other than those engaged in performing service in connection with a proprietary function; (C) employees of a State engaged in performing service in connection with a single proprietary function; or (D) employees of a political subdivision of a State engaged in performing service in connection with a single proprietary function. If under the preceding sentence an employee would be included in more than one coverage group by reason of the fact that he performs service in connection with two or more proprietary functions or in connection with both a proprietary function and a nonproprietary function, he shall be included in only one such coverage group. The determination of the coverage group in which such employee shall be included sjjall be made in such manner as may be specified in the agreement. Civilian employees of National Guard units of a State who are employed pursuant to section 90 of the National Defense Act of June 3, 1916 (32 U. S. C., sec. 42), and paid from funds alloted to such units by the Department of Defense, shall for purposes of this section be deemed to be employees of the State and (notwithstanding the preceding provisions of this paragraph), shall be deemed to be a separate coverage group.24' For purposes of this section, individuals employed pursuant to an agreement, entered into pursuant to section 205 of the Agricultural Marketing Act of 1946 (7 U. S. C. 1624) or section 14 of the Perishable Agricultural Commodities Act, 1930 (7 U. S. C. 499n), between a State and the United States Department of Agriculture to perform services as inspectors of agricultural products may be deemed, at the option of the State, to be employees of the State and (notwithstanding the preceding provisions of this paragraph) shall be deemed to be a separate coverage group.

Services Covered

(c) (1) An agreement under this section shall be applicable to any one or more coverage groups designated by the State.

•"P. L. 86-778, sec. 103 (1), added "Guam or American Samoa," applicable only with respect to service performed after 1960. -•/»»» *&•> eoj

»«Sec 101 (1) (3) of the Social Security Amendments of 1954 (P. L. 761, 83d Cong.) provides' that notwithstanding sec. 218 (f) of the Act, any agreement or modification covering the services performed by members of the coverage group consisting of civilian employees of State National Guard units may have an effective date as early as December 31, 1950 provided the modification or agreement wai agreed to prior to January 1,1954.

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(2) In the case of each coverage group to which the agreement applies, the agreement must include all services (other than services excluded by or pursuant to subsection (d) or paragraph (3), (5), or

(6) of this subsection) performed by individuals as members of such group.

(3) Such agreement shall, if the State requests it, exclude (in the case of any coverage group) any one or more of the following:

(A) Any service of an emergency nature;

(B) All services in any class or classes of (i) elective positions, (ii) part-time positions, or (iii) positions the compensation for which is on a fee basis;

(C) All services performed by individuals as members of a coverage group in positions covered by a retirement system on the date such agreement is made applicable to such coverage group, but only in the case of individuals who, on such date (or, if later, the date on which they first occupy such positions), are not eligible to become members of such system and whose services in such positions have not already been included under such agreement pursuant to subsection (d) (3).

(4) The Secretary of Health, Education, and Welfare shall, at the request of any State, modify the agreement with such State so as to (A) include any coverage group to which the agreement did not previously apply, or (B) include, in the case of any coverage group to which the agreement applies, services previously excluded from the agreement; but the agreement as so modified may not be inconsistent \vith the provisions of this section applicable in the case of an original agreement with a State. A modification of an agreement pursuant to clause (B) of the preceding sentence may apply to individuals to whom paragraph (3) (C) is applicable (whether or not the previous exclusion of the service of such individuals was pursuant to such paragraph), but only if such individuals are, on the effective date specified in such modification, ineligible to be members of any retirement system or if the modification with respect to such individuals is pursuant to subsection (d) (3).

(5) Such agreement shall, if the State requests it, exclude (in the case of any coverage group) any agricultural labor, or service performed by a student, designated by the State. This paragraph shall apply only with respect to service which is excluded from employment by any provision of section 210 (a) other than paragraph (7) of such section and service the remuneration for which is excluded from wages by paragraph (2) of section 209 (h).

(6) Such agreement shall exclude—

(A) service performed by an individual who is employed to relieve him from unemployment,

(B) service performed in a hospital, home, or other institution by a patient or inmate thereof,

(C) covered transportation service (as determined under section 210 (k) _246), and

(D) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of section 210 (a) other than paragraph (7) of such section.

««P. L. 86-778, sec. 103 (]) (2) (G), changed the reference from "section 210 (1)," to "section 210 (k)," effective September 13, 1&60.

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(7) No agreement may be made applicable (either in the origina agreement or by any modification thereof) to service performed by am individual to whom paragraph (3) (C) is applicable unless such agree ment provides (in the case of each coverage group involved) eithei that the service of any individual to whom such paragraph is applied ble and who is a member of such coverage group shall continue to be covered by such agreement in case he thereafter becomes eli^ibleu be a member of a retirement system, or that such service shall cease t be so covered when he becomes eligible to be a member of such a systa (but only if the agreement is not already applicable to such system

Eursuant to subsection (d) (3)), whichever may be desired by the tate.

Positions Covered by Retirement Systems

(d) (1) No agreement with any State may be made applicable (either in the original agreement or by any modification thereof) to any service performed by employees as members of any coverage group in positions covered by a retirement system either (A) on the date such agreement is made applicable to such coverage group, or (H) on the date of enactment of the succeeding paragraph of this sub section (except in the case of positions which are, by reason of action by such State or political subdivision thereof, as may be appropriate, taken prior to the date of enactment of such succeeding paragraph, no longer covered by a retirement system on the date referred to in clause (A), and except in the case of positions excluded by paragraph (5) (A)). The preceding sentence shall not be applicable to any service performed by an employee as a member or any coverage group in a position (other than a position excluded by paragraph (5) (A)) covered by a retirement system on the date an agreement is made applicable to such coverage group if, on such date (or, il later, the date on which such individual first occupies such position), such individual is ineligible to be a member of such system.

(2) It is hereby declared to be the policy of the Congress in enacting the succeeding paragraphs of this subsection that the protection afforded employees in positions covered by a retirement system on the date an agreement under this section is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired us a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.

(3) Notwithstanding paragraph (1), an agreement with a State may be made applicable (either in the original agreement or by any modification thereof) to service performed by employees in positions covered by a retirement system (including positions specified in paragraph (4) but not including positions excluded by or pursuant to paragraph (5)), if the governor of the State, or an official of the State designated by him for the purpose,247 certifies to the Secretary of Health, Education, and Welfare that the following conditions hare been met:

(A) A referendum by secret written ballot was held on the question of whether service in positions covered by such retirement system should be excluded from or included under an agreement under this section;

247 P. Li. 86-778, sec. 102 (a) (1) added the phrase "or an official of the State designated by him for the purpose," effectiye September 13,1960.

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