A. On request of the board of trustees of a retirement system established by this state, the governor may authorize a referendum. On request of the governing body of any political subdivision that has established a retirement system, the governor shall authorize a referendum.

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Terms Used In Arizona Laws 38-706

  • Commissioner of social security: includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the social security act with respect to coverage under the act of employees of states and their political subdivisions. See Arizona Laws 38-701
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Political subdivision: includes counties, incorporated cities or towns and school districts in this state, and any other political subdivision as defined in article XIII, section 7, Constitution of Arizona. See Arizona Laws 38-701
  • Social security act: means the federal social security act (42 United States Code chapter 7), including regulations and requirements issued pursuant to that act. See Arizona Laws 38-701

B. The referendum shall be conducted and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the social security act, on the question of whether service in positions covered by the retirement system should be excluded from or included under an agreement under this article. The notice of referendum required by section 218(d)(3)(C) of the social security act to be given to employees shall contain or shall be accompanied by a statement, in the form and detail deemed necessary and sufficient by the agency or individual designated to supervise the referendum, to inform the employees of the rights that will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this article.

C. On receipt of evidence satisfactory to the governor that with respect to any referendum the conditions specified in section 218(d)(3) of the social security act have been met, the governor shall so certify to the commissioner of social security.