If State law permits, the State can offer members (including an optional-deemed member
covered after December 31, 1969) of the “no” group a second chance to transfer to
the “yes” group. Individual members who then want coverage must file a written request
with the State. Members who voted “yes” for coverage and were covered under the agreement
cannot transfer to the “no” group.
If the State elects to extend such an opportunity, the State must make it available
to all similarly situated individuals. Under these procedures, an individual must
file a written request for Social Security coverage with the State prior to the execution
of the modification providing such coverage. Coverage can be extended under these
procedures only to those members in an employment relationship on the date of execution
of the modification (or the date designated in the modification to control who will
be retroactively covered under the modification, i.e., the section 218(e)(2) date).
Under the second chance procedure, the State may specify a time period during which
employees who initially voted “no” can request coverage. The closing date set by the
State for exercising a choice must be prior to the execution of the second chance
modification. The effective date of coverage and the exclusions applicable to the
divided retirement system coverage group will also apply to members covered under
the second chance procedure.
The second chance modification must be mailed or delivered within 2 years after the
execution of the agreement or modification which initially extended coverage to the
retirement system coverage group. (After this 2-year period, a majority vote referendum
must be conducted.) If the modification is mailed by the State, the postmark will
establish the date of mailing. If the State official-or an authorized individual personally
deliver the modification to the Social Security office, this date will be the delivery
date.