The referendum is a State matter. However, Federal law does require the Governor of the State to certify that the following conditions have been met:
All eligible employees were given at least 90 days' notice of the referendum; an extension of an additional 60 days for the entire eligible retirement system membership will be permitted if any retirement system members are called to military duty prior to the delegated State official issuing the advance 90-day notice of referendum;
An opportunity to vote was given and limited to eligible employees;
The referendum was held by secret written ballot for a majority vote referendum; or by written ballot for a divided vote referendum; and
A majority of all of the retirement system's eligible employees voted for coverage. (In a divided vote referendum, only those employees who voted "yes" for coverage and all future employees will be covered.)
The referendum procedures are conducted under the direction of the State Social Security Administrator (see §1018).
Last Revised: Jul. 20, 2006
Social Security Handbook