Cal. Code Regs. Tit. 2, § 598 - Certification of Referendum

(a) Upon completion thereof, the individual who conducts the referendum shall, if such be the facts, certify to the supervisor that:

(1) A referendum by secret written ballot was held on question of whether service in positions covered by the retirement system of the public agency should be excluded from or included under the agreement under the provisions of Section 218 of Title II of the Social Security Act;

(2) An opportunity to vote in such referendum was given (and was limited) to eligible employees;

(3) Not less than 90 days' notice of such referendum was given to all such employees;

(4) Such referendum was conducted by him;

(5) A majority of the eligible employees voted in favor of including service in such positions under an agreement under said Section 218;

(6) That with respect to such referendum the conditions specified in Section 218(d) of the Social Security Act have been met, and that the protection afforded employees in positions covered by the retirement system as to which such referendum has been had, as well as those receiving periodic benefits under such retirement system, will not be impaired as a result of making an agreement, bringing such employees under social security in accordance with the declared policy of the Congress set forth in Section 218(d) of the Social Security Act.

(b) Accompanying such certification, the individual who conducted the referendum shall forward to the supervisor:

(1) His affidavit of service and posting of the notice of referendum;

(2) A certified copy of the notice of referendum;

(3) All ballots cast in the referendum.

(c) Certification to Governor. The supervisor shall thereupon certify to the Governor or such other state official designated by the Governor that such referendum has been conducted and completed in full accordance with law and these regulations.

(d) Destruction of Referendum Ballots. The ballots cast in the referendum shall be forwarded by the supervisor to the office of the board, where such ballots shall be retained for a period of 30 days following acceptance by the Department of Health and Human Services of the modification including in coverage under the federal-state agreement the retirement system coverage group with respect to which the referendum was held. At the expiration of the said 30-day period, the ballots shall be destroyed.

Notes

Cal. Code Regs. Tit. 2, § 598

1. New subsection (d) filed 6-29-60; effective thirtieth day thereafter (Register 60, No. 15).
2. Amendment filed 7-18-61 as an emergency; effective on filing (Register 61, No. 14).
3. Certificate of Compliance--Sec. 11422.1, Gov. Code, filed 10-17-61 (Register 61, No. 21).
4. Amendment of subsection (d) filed 2-11-81; effective thirtieth day thereafter (Register 81, No. 7).

Note: Authority cited: Section 22500, Government Code. Reference: Section 22300, Government Code.

1. New subsection (d) filed 6-29-60; effective thirtieth day thereafter (Register 60, No. 15).
2. Amendment filed 7-18-61 as an emergency; effective on filing (Register 61, No. 14).
3. Certificate of Compliance -Sec. 11422.1, Gov. Code, filed 10-17-61 (Register 61, No. 21).
4. Amendment of subsection (d) filed 2-11-81; effective thirtieth day thereafter (Register 81, No. 7).