The Social Security Administration (SSA) defines firefighter positions as those that
are charged primarily with preventing or suppressing fires.
SSA will determine if a position constitutes a firefighter position for purposes of
coverage under a State’s Section 218 Agreement. In evaluating whether a position is
a firefighter position, SSA looks at how State statutes or court decisions characterize
the position. If SSA determines that State statutes and court decisions clearly and
completely resolve its determination, then SSA will base its determination on those
sources. If the issue is not clearly and completely resolved, SSA will consider the
following additional factors, in order of importance:
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Whether the primary functions of the position as described in the position description
include preventing or suppressing fires;
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Any guidance from the State’s attorney general about how the State views the position;
and
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Whether the position exists within a regularly organized fire department or fire district.
In order to facilitate SSA’s determination in particular cases, the State Administrator
should provide SSA, as soon as practicable at SSA’s request, the position descriptions
for all positions in question as well as any other relevant information or evidence
known to the State Administrator.
The State may choose to submit to SSA an interpretation by the State’s attorney general
on the whether a position is a firefighter position. SSA will give due weight to a
State attorney general’s determination as part of its overall analysis, but is not
bound by that determination. Where the State attorney general is unable or unwilling
to provide SSA with a determination, SSA will proceed to make its own determination
without the attorney general’s input.
If the State wishes to submit a determination from its attorney general, the State
should do so in a timely manner. Failure to do so may result in SSA proceeding to
make its determination without the attorney general’s input.
A position is not a firefighter position solely because the services performed are
connected with firefighters, fire departments, or fire districts. If SSA determines
that the position does not primarily involve preventing or suppressing fires, SSA
will generally conclude that the position is not a firefighter position, regardless
of the position’s characterization in State statutes or court decisions.