TN 1 (01-20)
SL 20001.220 When Federal and State Laws Apply
Federal law governs determinations involving coverage of State and local government
employees. These determinations may be based on decisions regarding specific issues
to which Federal law is applied and other issues to which State law is applied. It
is important to know whether Federal or State law is applied in making a determination
on a specific issue.
Generally, the State's attorney general (or other legal officer, as appropriate) resolves
questions involving interpretation or application of State law in accordance with
relevant State and local laws, regulations, and the State court decisions. SSA will
generally defer to an interpretation by a State’s attorney general unless SSA finds
that determination to be unsupportable. SSA may make these determinations as part
of administering the Section 218 program where a State’s attorney general is unwilling
to provide guidance, or fails to do so in a reasonably timely manner.
Listed below are the more significant issues that will require such determinations
and the authority under which the State or SSA makes such determinations:
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Federal Law
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Does an employer-employee relationship exist (see RS 02101.810; 20 C.F.R. 404.1007)?
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What are emergency services (see SL 30001.356C; 20 C.F.R. 404.1020(a)(3)(iii); 20 C.F.R. 404.1209(d))?
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What are student services (see SL 30001.357F; 20 C.F.R. 404.1028)?
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State Law
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Who is an officer of a state or political subdivision?
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Is an entity a political subdivision?
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What is the legal status of a new entity?
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Is a function governmental or proprietary?
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Is a position under a retirement system?
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Which employees are eligible for membership in a retirement system?
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Who is an employee for purposes of retirement system participation?
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What is the definition of a police officer or firefighter position?