The Social Security Administration (SSA) determines whether a position is under a
retirement system by looking at the employees in that position. .A position is under
a retirement system if any one individual who occupies the position may become a member
of the retirement system by virtue of his or her occupancy of the position (see SL 30001.380 for newly created or reclassified positions).
Example: A hospital, formerly operated by the State as an integral part of the State government,
is now operated by a hospital authority, an instrumentality established for this purpose
and legally separate from the State government. The State Employees Retirement System
(SERS) covers only positions of State employees. Employees, formerly employed by the
State who became employees of the hospital authority on the date of its establishment
are allowed to retain membership in SERS. Newly hired employees may not become members.
It is possible for a former State employee who retained membership in SERS to occupy
hospital positions. As a result, all employees of the hospital authority therefore
occupy positions under SERS even though the employees themselves may not be members
of SERS (either newly hired employees or existing employees who did not elect to retain