TN 39 (03-24)

RS 01505.042 Procedures to Resolve General State and Local Coverage Issues

A. Tolerance rule for questionable coverage

Do not develop a claims case if the primary insurance amount (PIA) is not $1 or more.

B. Questions for development and documentation

You need to document the following:

  • Is the claimant an employee?

  • What is the identity of the employing entity?

  • Is the employing entity included in the Agreements?

  • Which Agreement or modification covers the service of the position?

  • What is the legal status of the employing unit, e.g., a governmental or proprietary function?

  • Is there an optional or required exclusion that applies?

  • Is the employee's position under a State or local retirement system?

  • What is the retirement system status of the claimant (member, ineligible, or optional)?

  • What date was the position first placed under the retirement system (or systems)?

  • Did the claimant vote for or against coverage in a coverage referendum? Was the claimant given additional opportunity for such coverage and so elected?

  • Was there a break in the claimant’s service and or a break in retirement system membership?

  • Was the claimant in an employment relationship on the date of controlling retroactive coverage?

C. Make a coverage determination and correct earnings

Correct reporting errors using the instructions in RS 01405.000.

If there is not sufficient space on the Earnings Modernization Item Correction (ICOR) screens to document your determination or if you determine there is no need to adjust the earnings record, prepare a special determination using the Form SSA-553 (Special Determination).

Include in your documentation:

  • modification number;

  • questionnaires;

  • statements of the facts;

  • copies of records; and

  • all other pertinent information.

Send a copy of the determination or a memorandum to the regional office.

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301505042
RS 01505.042 - Procedures to Resolve General State and Local Coverage Issues - 03/07/2024
Batch run: 03/07/2024
Rev:03/07/2024