If a retirement system covers the positions of employees of the State and positions of employees of one or more political subdivisions, or, alternatively, the employees of more than one political subdivision, the State has the following choices as to what may constitute the retirement system for purposes of the referendum:

• •

  The entire system;

• •

  A distinct structured tier or plan within the retirement system that (1) has its own fund or sum of money set apart for the particular purpose of retirement, pensions, or annuities of that tier or plan and (2) that is not comingled with the assets of another tier or plan;

• •

  Positions under the retirement system filled by employees of the State;

• •

  Positions under the retirement system filled by employees of a specific political subdivision;

• •

  Positions under the retirement system filled by employees of any combination of the State or one or more political subdivisions;

• •

  Positions under the retirement system filled by employees of each institution of higher learning, which includes junior colleges and teachers' colleges; and

  NOTE: 

  Institutions of higher learning that are not political subdivisions and that do not in themselves comprise the entire retirement system, cannot be combined for purposes of the referendum. If a State elects to hold separate referendums for such institutions, a separate referendum must be held for each. Institutions of higher learning that are separate political subdivisions may be combined with other political subdivisions and/or with the State.

  A retirement system that covers the positions of employees of a single political subdivision can only be further divided to treat employees of each institution of higher learning as separate retirement systems for referendum purposes. A retirement system that covers only the positions of employees of a State can be subdivided further to treat employees of each institution of higher learning as separate retirement systems; it cannot be subdivided to provide coverage for employees of different departments of the State.

• •

  Positions under the retirement system filled by the employees of a hospital that is an integral part of a political subdivision, two or more political subdivisions, or the employees of two or more hospitals each of which is an integral part of the same political subdivision.

  NOTE: 

  The term "hospital" is used in the ordinary sense and refers to any institution organized and operated for the reception and medical or surgical care of the sick, injured, aged, and infirm. If there are two or more hospitals that are integral parts of the same political subdivision(s), a separate referendum may be held for each or, in contrast to institutions of higher learning, the hospitals may be combined for a referendum.

  A retirement system that covers the positions of employees of a single political subdivision can only be further divided to treat employees of hospitals as separate retirement systems for referendum purposes.

If the State optionally excluded a class of positions from the retirement system coverage group (see SL 30001.357) (or optionally excluded a class of positions from an absolute coverage group that subsequently came under a retirement system) and the State later wishes to cover those positions, then the positions constitute a separate retirement system for referendum purposes. If the State optionally excluded "all classes" of the position involved, then "all classes" of the position constitute the retirement system for referendum purposes.

A State may not combine multiple distinct retirement systems for the purpose of conducting a referendum. For example, the State could not hold a single referendum to expand coverage to positions under a State retirement system and a political subdivision retirement system that is not a part of the State system.