Page:United States Statutes at Large Volume 72 Part 1.djvu/1081

 72 8 T A T. ]

PUBLIC LAW 8^-840-AUG. 28, 1968

visions shall, if the State so requests, be treated, after division of the retirement system pursuant to such subparagraph (C), the same as individuals in positions referred to in subparagraph (F). " (F) I n the case of any retirement system divided pursuant to subparagraph (C), the position of any member of the division or part composed of positions of members who do not desire coverage may be transferred to the separate retirement system composed of positions of members who desire such coverage if it is so provided in a modification of such agreement which is mailed, or delivered by other means, to the Secretary prior to 1960 or, if later, the expiration of one year after the date on which such agreement, or the modification thereof making the agreement applicable to such separate retirement system, as the case may be, is agreed to, but only if, prior to such modification or such later modification, as the case may be, the individual occupying such position files with the State a written request for such transfer. " (G) For the purposes of this subsection, in the case of any retirement system of the State of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or the Territory of Hawaii which covers positions of employees of such State or Territory who are compensated in whole or in part from grants made to such State or Territory under title III, there shall be deemed to be, if such State or Territory so desires, a separate retirement system with respect to any of the following: " (i) the positions of such employees; "(ii) the positions of all employees of such State or Territory covered by such retirement system who are employed in the department of such State or Territory in which the employees referred to in clause (i) are employed; or "(iii) employees of such State or Territory covered by such retirement system who are employed in such department of such State or Territory in positions other than those referred to in clause (i). " (2) Paragraph (7) of section 218(d) of such Act is amended by striking out "(created under the fourth sentence of paragraph (6)) " and inserting in lieu thereof "(created under subparagraph (C) of paragraph (6) or the corresponding provision of prior law) "; and by striking out "the fourth and fifth sentences of paragraph (6) " and inserting in lieu thereof "subparagraphs (C) and (D) of paragraph (6) or the corresponding provision of prior law". (3) The second sentence of paragraph (2) of section 218(k) of such Act is amended by striking out "the preceding sentence" and inserting in lieu thereof "the first sentence of this paragraph". The last sentence of such paragraph is amended by striking out "the fourth sentence of subsection (d)(6) " and inserting in lieu thereof "subparagraph (C) of subsection (d)(6) or the corresponding provision of prior law". Such paragraph is further amended by inserting after the first sentence the following new sentence: "An individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligiole to become a member thereof shall, for purposes of this subsection, be regarded as a member of such system. Coverage under the agreement of any such individual shall be provided under the same conditions, to the extent practicable, as are applicable in the case of the States to which the provisions of subsection (d)(6)(C) apply." 98395-59-PT. 1-66

1039

42 USC 4is.

42 USC 4u.

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