TN 24 (11-09)

RS 01505.005 Exclusions to Section 218 Coverage for State and Local Government Employees

Citations: Soc. Sec. Act, Sec. 210 (a) (19), 218(c), 218(d) and 218(m)

A. Introduction to exclusions to voluntary coverage

There are two types of exclusions, required and optional. Certain services are required to be excluded from Section 218 coverage. Some services are considered optional exclusions under Section 218 and, therefore, may be covered under a Section 218 Agreement. This section applies to exclusions to voluntary coverage under Section 218 Agreements, not to mandatory coverage. Information on exclusions to mandatory coverage is in SL 50001.560.

B. Types of exclusions to voluntary coverage

1. Required exclusions

The following services are required to be excluded from Section 218 coverage:

  1. Services performed by individuals hired to be relieved from unemployment. (This does not include programs financed from Federal funds where the primary purpose is to give the employee work experience or training.)

  2. Services performed in a hospital, home or other institution by a patient or inmate thereof as an employee of a state or local government employer;

  3. Services performed by an employee on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency;

  4. Services that would be excluded if performed for a private employer because the work is not defined as employment under Section 210(a) of the Act (e.g., non-resident aliens with F-1, J-1, M-1, and Q-1 visas (See Foreign Students, Exchange Visitors, and International Cultural Exchange Visitors RS 01901.740)); and

  5. Transportation services covered under Section 210(k) of the Act. (See Public Transportation Services SL 30001.365)

See Details

2. Optional exclusions

Under certain circumstances, when a state elects to extend Section 218 coverage it may exclude the following services or positions on a statewide or coverage group basis:

  1. Agricultural labor, but only those services that would be excluded if performed for a private employer;

  2. Elective positions;

  3. Election workers and election officials whose pay in a calendar year is less than the amount mandated by law, unless a Section 218 agreement covers election workers;

  4. Positions compensated solely by fees that are subject to SECA (Self-Employment Contributions Act), unless a Section 218 Agreement covers these services;

  5. Part-time positions; and

  6. Students enrolled and regularly attending classes at the school, college or university where they are working.

See Details


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301505005
RS 01505.005 - Exclusions to Section 218 Coverage for State and Local Government Employees - 11/30/2016
Batch run: 11/30/2016
Rev:11/30/2016