Basic (04-06)

SL 90006.002 Transmittal 2 to SL 40001, April 2006

Part 19 – State and Local Coverage Handbook
Chapter 400 – Agreements and Modifications
Subchapter 01 – Agreements and Modifications

   

Audience
State Social Security Administrators
Regional Offices—RSI Team Leaders
Parallel Social Security Field Offices—District Managers
Regional General Counsel Staff

   

Originating Component

OISP/OEIE

   

Effective Date

Upon Receipt

   

Background

The State must submit evidence which is legally sufficient to establish the fact of dissolution. The evidence must establish that the entity is not merely inactive or dormant, but that it no longer exists. There already are criteria for acceptable primary evidence of dissolution. The purpose of this current transmittal is to establish in SL 40001.485C. criteria for secondary evidence of an entity’s dissolution when the required primary evidentiary records and documentation have been lost or destroyed.

   

Summary of Changes

Some entities which went totally out of existence many years ago either through annexation, consolidation, or dissolution failed to properly notify the State or SSA. Usually, the required primary evidentiary records and documentation have long since been lost or destroyed, which makes obtaining primary dissolution evidence extremely difficult or impossible.

   

Where primary evidence of dissolution is unobtainable, other secondary evidence is required to serve as a basis for a dissolution determination such as meeting minutes of the entity’s governing board authorizing dissolution, in tandem with a published article or other evidence confirming dissolution. If this evidence is not available, a combination of documents of significant probity must be submitted which permit the current official of the State or political subdivision with whom orders of dissolution are filed to make a determination as to whether or not the entity is legally dissolved.