Services in positions optionally excluded from an absolute coverage group can generally be covered later by a modification to the agreement. The modification will add the services or positions to the absolute coverage group. The State may choose any effective date for the coverage consistent with Federal and State laws. If the excluded positions come under a retirement system before they are covered under the agreement, the positions are then retirement system positions for purposes of extending coverage.

Services or positions optionally excluded from a retirement system coverage group can also generally be covered. However, a regular referendum must be held for the excluded group and a majority of the members of the retirement system must vote in favor of coverage. A separate referendum must be held among the members of each excluded class (or classes) of excluded positions or services. Each class or class(es) of positions excluded must be deemed a separate retirement system.

Solely fee-basis positions, part-time positions and student services which were covered and subsequently excluded, cannot be covered again under a Section 218 Agreement. See next section.

Once services of employees are covered they cannot later be optionally excluded, except for the following:

• •

  positions compensated solely by fees; and

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  election officials and election workers paid less than the threshold amount mandated by law.