TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 101
OLD AGE AND SURVIVORS' INSURANCE

Section 101:10

    101:10 Procedure. –
I. Referendum. With respect to employees of the state the governor is empowered to authorize a referendum, and with respect to the employees of any political subdivision. The governor shall authorize a referendum upon request of the governing body of such subdivision except as otherwise provided herein. in such case 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 a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. In the case of the referendum with respect to the employees of the state, the conduct thereof shall be governed by such rules as the governor, after consultation with the respective representatives of employee organizations, shall approve. 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 such form and such detail as the governor shall deem necessary and sufficient, to inform the employees of the rights which 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 chapter.
II. Certification. Upon receiving satisfactory evidence that with respect to any such 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.
III. Order of Referenda. No referendum shall be held hereunder with respect to the employees of any political subdivision until the referendum authorized herein with respect to the employees of the state shall have been conducted and the result thereof determined. In the event that the employees of the state in said referendum shall vote in favor of including service in positions covered by the New Hampshire retirement system with respect to the state under an agreement under this act, the governor, upon the determination of such vote and without further directive or request, shall forthwith authorize a referendum with respect to each of the political subdivisions having positions covered by the New Hampshire retirement system.

Source. 1955, 301, part II:6. 1957, 48:4. 1998, 220:3, eff. Jan. 1, 1999.