Page:United States Statutes at Large Volume 72 Part 1.djvu/1082

 1040

PUBLIC LAW 86-840-AUG. 28, 1958

[72

ST A T.

Coverage Under Other Retirement Systems Ante, 1039.

pp. 1038,

(b) Section 218(d) of such Act is amended by adding at the end thereof the following new paragraph: "(8)(A) Notwithstanding paragraph (1), if under the provisions of this subsection an agreement is, after December 31, 1958, made applicable to service performed in positions covered by a retirement system, service performed by an individual in a position covered by such a system may not be excluded from the agreement because such jjosition is also covered under another retirement system. " (B) Subparagraph (A) shall not apply to service performed by an individual in a position covered under a retirement system if such individual, on the day the agreement is made applicable to service performed in positions covered by such retirement system, is not a member of such system and is a member of another system. " (C) If an agreement is made applicable, prior to 1959, to service in positions covered by any retirement system, the preceding provisions of this paragraph shall be applicable in the case of such system if the agreement is modified to so provide. " (D) Except in the case of agreements with the States named in subsection (p) and agreements with interstate instrumentalities, nothing in this paragraph shall authorize the application of an agreement to service in any policeman's or fireman's position." Retroactive Coverage

42 USC 418.

(c)(1) Section 218(f) of such Act is amended by inserting " (1) " immediately after " (f) ", by redesignating clauses (1), (2), (3), and (4) thereof as clauses (A), (B), (C), and (D), respectively, and by adding at the end thereof the following new paragraph: "(2) In the case of service performed by members of any coverage group— " (A) to which an agreement under this section is made applicable, and " (B) with respect to which the agreement, or modification thereof making the agreement so applicable, specifies an effective date earlier than the date of execution of such agreement and such modification, respectively, the agreement shall, if so requested by the State, be applicable to such services (to the extent the agreement was not already applicable) performed before such date of execution and after such effective date by any individual as a member of such coverage group if he is such a member on a date, specified by the State, which is earlier than such date of execution, except that in no case may the date so specified be earlier than the date such agreement or such modification, as the case may be, is mailed, or delivered by other means, to the Secretary." (2) The amendment made by this subsection shall apply in the case of any agreement, or modification of an agreement, under section i04o!*' ^* *°^^ ^^^ ^^ *^^ Social Security Act, which is executed after the date of enactment of this Act. TEACHERS I N THE STATE OF M A I N E

Ante, 1040.

S E C 316. For the purposes of any modification which might be made after the date of enactment of this Act and prior to July 1, 1960, by the State of Maine of its existing agreement made under section pp. 1038- 218 of the Social Security Act, any retirement system of such State which covers positions oi teachers and positions of other employees shall, if such State so desires, be deemed (notwithstanding the provi-

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