TN 9 (01-18)

A. State authority

There must be authority under State law to enter into a Section 218 Agreement with the Commissioner of Social Security to

• extend coverage under the agreement,

• carry out the provisions of the agreement, and

• permit modifications to the agreement.

Specific enabling legislation provides such authority.

B. Specific enabling legislation

All States have enacted enabling legislation to enter into agreements.

The State enabling legislation must

• authorize all provisions in the Section 218 Agreement;

• provide the election of optional exclusions or state the exclusions not permitted;

• specify whether optional exclusions may be exercised by individual coverage groups or mandatorily apply to all coverage groups included under the State's agreement.

At the State’s request, SSA will assist in conforming the State’s enabling legislation with the provisions of Federal law. Direct requests for assistance to the Regional Office (RO).