TN 1 (01-20)

SL 50001.570 Effect of Mandatory Coverage on Section 218 Coverage

CITATIONS:

Social Security Act, Sections 210(a)(7)(F), 218

A. Introduction

States may continue to enter into voluntary Section 218 Agreements to extend coverage to employees who are covered mandatorily for Social Security and to employees who are members of a qualified retirement system. A State may wish to do so because voluntary coverage under the State's Section 218 Agreement eliminates variability in a State's tax obligations that may be difficult to administer or cause reporting errors.

Example: If an employee is covered mandatorily for Social Security and becomes a member of a qualified retirement system, the State's tax obligations change along with the employee's coverage status. By extending coverage to the retirement system under its Section 218 Agreement, the State can ensure that the employee remains covered for Social Security and that the State’s ongoing tax obligations remain consistent.

NOTE: 

The enactment of mandatory coverage did not eliminate or reduce the responsibilities of the States in the administering voluntary coverage Agreements.

B. Effect of mandatory coverage on the different types of voluntary coverage Agreements

1. Section 218 Agreements or Modifications executed on or before July 1, 1991

Services covered under Section 218 Agreements executed and effective on or before July 1, 1991, are not affected by the mandatory coverage provisions, regardless of whether such services are performed by employees who are or are not members of their employer's retirement system. Such services continue to be covered under the State’s Agreement after July 1, 1991.

2. Section 218 Agreements or Modifications executed after July 1, 1991

A State may continue to expand voluntary coverage under its Section 218 Agreement for services performed by State or local employees. The Social Security Administration (SSA) will execute such Agreements even though mandatory coverage may apply to some or all of the services involved. Once the State expands voluntary coverage, employees performing the voluntarily covered position will be covered for Social Security regardless of whether they are a member of a qualified retirement system.

3. Medicare Hospital Insurance (HI)-only Agreements in effect on or before July 1, 1991

Medicare HI-only coverage obtained under a Section 218 Agreement on or before July 1, 1991, continues after July 1, 1991.

4. Medicare HI-only Agreements executed after July 1, 1991

If a Section 218 Agreement for Medicare HI-only coverage was retroactive to periods on or before July 1, 1991, services performed by employees on or before July 1, 1991 are covered for Medicare under the Agreement. However, services performed after July 1, 1991 by employees who are not members of a qualified retirement system are covered mandatorily for Social Security.

5. Error Modifications executed after July 1, 1991

An Error Modification should list the date the coverage error began as the effective date regardless of whether the coverage error began prior to, on, or after July 1, 1991 (see SL 40001.465B). Coverage will continue from the effective date forward.

6. Services optionally excluded from a Section 218 Agreement

Under a Section 218 Agreement, a State has the option to exclude certain services from coverage. If the Agreement does not specifically exclude these services, they are covered. Beginning after July 1, 1991, mandatory coverage may apply to services that were excluded optionally by the State, unless the service is excluded from mandatory coverage by law (SL 50001.501D). As with all mandatory coverage, an employee in one of these excluded positions will be covered mandatorily unless the employee participates in a qualified retirement system.

Example: A City’s Section 218 Agreement excludes part-time positions that require less than 20 hours of work per week. The City’s cafeteria has part-time employees who work part-time 15 hours per week. The City’s retirement system membership is only for employees who work in full-time positions. Therefore, part-time employees of the cafeteria are subject to mandatory Social Security and Medicare.


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http://policy.ssa.gov/poms.nsf/lnx/1950001570
SL 50001.570 - Effect of Mandatory Coverage on Section 218 Coverage - 12/17/2015
Batch run: 01/29/2020
Rev:12/17/2015