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RS 01505.041: Determining Whether a Section 218 Agreement Covers a State or Local Government Entity

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  • Effective Dates: 11/19/2009 - Present
  • Effective Dates: 01/03/2018 - Present
  • TN 24 (11-09)
  • TN 27 (01-18)
  • RS 01505.041 Determining Whether a State or Local Government Entity is Covered by a Section 218 Agreement
  • RS 01505.041 Determining Whether a Section 218 Agreement Covers a State or Local Government Entity
  • A. Instructions for determining whether a state or local entity is covered
  • A. Determine whether a State or local entity is covered
  • When developing the coverage status of an entity, first ascertain whether the entity is listed in the state’s Section 218 Agreement, subsequent modification or summaries of state agreements. For those local offices that do not have a copy contact the Parallel Social Security Office (PSSO) by telephone to get this information.
  • When you develop the coverage status of an entity, first determine whether the State’s Section 218 Agreement lists the entity or in subsequent modification. Contact the regional office (RO) by telephone to get this information.
  • NOTE: Final determinations regarding state Section 218 Agreements are governed by Federal law and are made by SSA. These determinations may be based on decisions regarding certain specific issues to which either Federal or state law is applied. Where state law may have a bearing on the issue, an opinion of the state legal officer may be requested if one does not already exist. The opinion will be given due weight in making the final determination.
  • Federal law governs final determinations regarding State Section 218 Agreements and we make the determinations. We may base our determinations on decisions regarding specific issues to which we applied either Federal or State law. When State law may have a bearing on the issue, we may request an opinion of the State legal officer if one does not already exist. Give the opinion due weight to make the final determination.
  • B. If the entity has a Section 218 agreement, consider the following:
  • B. The entity has a Section 218 Agreement
  • 1. If Wages have been reported
  • * No further development as to the entity's status is necessary.
  • If the entity has a Section 218 Agreement, consider the information in this section.
  • 2. If wages have not been reported
  • 1. If wages reported
  • No further development as to the entity's status is necessary.
  • 2. If wages not reported
  • * Obtain the views of the reporting official as to the reason for the non-reporting.
  • * If necessary, make a determination regarding reporting and develop per Wage Development Policy Procedure - Entity Not Listed RS 01404.003.
  • * If necessary, make a determination regarding reporting and develop per wage development policy in RS 01404.003.
  • If you do not find the employer in the state’s Section 218 Agreement, modifications, or summaries but the individual's E/R shows reporting for the period in question, contact the PSSO or regional office (RO).
  • If you do not find the employer in the State’s Section 218 Agreement, modifications, or summaries but the claimant’s earnings record shows reporting for the period in question, contact the RO.
  • NOTE: Because the alleged employer is not separately listed in the state’s Section 218 Agreement, modification, or summaries does not necessarily mean that the entity has not been included under the state's agreement. For example: an entity which is not separately listed may be a part of a retirement system coverage group, or the employer may be an integral part of a political subdivision and included under the name of the parent subdivision.
  • If the State’s Section 218 Agreement, modification, or summary does not list the alleged employer, it does not mean that the entity has not been included under the State's agreement. For example, an entity not separately listed may be a part of a retirement system coverage group, or the employer may be an integral part of a political subdivision and included under the name of the parent subdivision.
The materials available at this web site are provided free of charge, for informational purposes only, and without warrant by True Link Financial, Inc., and are not legal advice or Social Security benefits advice. You should contact your attorney to obtain advice with respect to any particular issue or problem, or the Social Security Administration with any general inquiries. Click here to view this section of the POMS on the Social Security Administration website.