Okla. Stat. tit. 51, § 51-125

and of state and local instrumentalities.

(a) Each political subdivision of the state and each

instrumentality of the state or of a political subdivision is hereby

authorized to submit for approval by the state agency a plan for

extending the benefits of Title II of the Social Security Act, in

conformity with applicable federal law, to employees of any such

political subdivision or instrumentality. If not precluded by

applicable federal law and under such conditions as the state agency

may by regulation prescribe, two or more such political subdivisions

or instrumentalities may, for the purposes of this act, form a joint

coverage unit and as such submit for approval a joint plan if

otherwise, because of the requirements of the agreement entered into

pursuant to Section 123 or because of the requirements imposed by or

under applicable federal law, any subdivision or instrumentality

included in such unit would be unable to submit an approvable plan.

Each such plan or any amendment thereof shall be approved by the

state agency if it finds that such plan, or such plan as amended, is

in conformity with such requirements as are provided in regulations

of the state agency, except that no such plan shall be approved

unless:

(1) It is in conformity with the requirements of the applicable

federal law and with the agreement entered into under Section 123;

(2) It provides that all services which constitute employment as

defined in Section 122 and are performed in the employ of the

political subdivision or instrumentality, or in the employ of any

member of a joint coverage unit submitting the plan, by any

employees thereof, shall be covered by the plan, provided that the

plan may exclude from its coverage any services which, under the

provisions of that section, are excluded from the term "employment"

when so specified in a plan, except that it may exclude services

performed by individuals to whom Section 218(d) (3) (C) of the

Social Security Act is applicable;

(3) It specifies the source or sources from which the funds

necessary to make the payments required by paragraph (1) of

subsection (c) and by subsection (d) are expected to be derived and

contains reasonable assurance that such sources will be adequate for

such purpose;

(4) It provides for such methods of administration of the plan

by the political subdivision or instrumentality or members of the

joint coverage unit as are found by the state agency to be necessary

for the proper and efficient administration of the plan;

(5) It provides that the political subdivision or

instrumentality or members of the joint coverage unit will make such

reports, in such form and containing such information, as the state

agency may from time to time require, and comply with such

provisions as the state agency or the federal agency may from time

Oklahoma Statutes - Title 51. Officers Page 79

to time find necessary to assure the correctness and verification of

such reports; and

(6) It authorizes the state agency to terminate the plan in its

entirety or, in the discretion of the state agency, as to any member

of a joint coverage unit, if it finds that there has been a failure

to comply substantially with any provision contained in such plan,

such termination to take effect at the expiration of such notice and

on such conditions as may be provided by regulations of the state

agency and be consistent with applicable federal law.

(b) The state agency shall not finally refuse to approve a plan

submitted under subsection (a), and shall not terminate an approved

plan, without reasonable notice and opportunity for hearing to each

political subdivision or instrumentality affected thereby.
such notice and

on such conditions as may be provided by regulations of the state

agency and be consistent with applicable federal law.

(b) The state agency shall not finally refuse to approve a plan

submitted under subsection (a), and shall not terminate an approved

plan, without reasonable notice and opportunity for hearing to each

political subdivision or instrumentality affected thereby.

(c) (1) Each political subdivision or instrumentality as to

which a plan has been approved under this section shall pay into the

Contribution Fund, with respect to wages (as defined in Section 122

of this title), at such time or times as the state agency may by

regulation prescribe, contributions in the amounts and at the rates

specified in the applicable agreement entered into by the state

agency under Section 123.

(2) Every political subdivision or instrumentality required to

make payments under paragraph (1) of this subsection is authorized,

in consideration of the employee's retention in, or entry upon,

employment after enactment of this act, to impose upon its

employees, as to services which are covered by an approved plan, a

contribution with respect to wages (as defined in Section 122 of

this title), not exceeding the amount of the employee tax which

would be imposed by the Federal Insurance Contributions Act if such

services constituted employment within the meaning of that Act, and

to deduct the amount of such contribution from the wages as and when

paid. Contributions so collected shall be paid into the

Contribution Fund in partial discharge of the liability of such

political subdivision or instrumentality under paragraph (1) of this

subsection. Failure to deduct such contribution shall not relieve

the employee or employer of liability therefor.

(d) Delinquent payments due under paragraph (1) of subsection

(c) may, with interest at the rate of six percent (6%) per annum, be

recovered by action in a court of competent jurisdiction against the

political subdivision or instrumentality liable therefor or may, at

the request of the state agency, be deducted from any other monies

payable to such subdivision or instrumentality by any department or

agency of the state.