TN 7 (01-18)

A.  Interstate instrumentality for Section 218 coverage

An interstate instrumentality is a State for Section 218 coverage purposes. An instrumentality must have legal authorization to enter into an agreement. This rule applies only to original agreements and not to modifications to existing 218 agreements. For agreements and modifications exhibits see SL 40001.490A. The enabling acts of member States, the statutes, or other authority establishing the instrumentality usually grants this authority.

NOTE: The consent of Congress is required for the creation of some interstate instrumentalities.

B.   Interstate instrumentality and retirement system coverage groups

An interstate instrumentality may extend coverage to absolute and retirement system coverage groups. All policies relating to coverage for States are equally applicable to instrumentalities. A State retirement system that covers employees of an interstate instrumentality is considered a retirement system established by the instrumentality. As with any retirement system coverage group, coverage can be extended only after a referendum has been held for members of the retirement system. Interstate instrumentalities are authorized to use:

• majority vote referendum procedure (Section 218(d)(4)); and

• divided vote referendum authority and procedure (Section 218(d)(6) and (7)).

C. Certifying the referendum for instrumentality

The instrumentality must meet all required conditions for holding a referendum for its employees, and a designated official must certify the referendum. See SL 30001.323 for a list of the required referendum conditions. The designated official(s) may be delineated in the enabling act, statutes or other authorities, e.g., from the Board of Directors or the Chairman. All interstate instrumentalities can provide coverage for police officers and firefighters in positions covered under a retirement system.

D. Educating and notifying instrumentality employees on referendum procedures

Since there is no specific State Administrator to educate and notify the instrumentality's employees on the referendum procedures, nor to conduct or ensure the referendum proceeds correctly, the Regional Office Section 218 specialist must assume these duties.