BASIC (12-03)

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, questions involving interpretation or application of State law are resolved by the authorized legal officers of the State in accordance with applicable State and local laws, regulations and the State court decisions. Listed below are the more significant issues that will require such determinations and the authority under which the determinations are to be made:

 

Federal Law:

 

Does an employer-employee relationship exist?

 

What is the identity of the employer?

 

Are earnings wages?

 

What are emergency services?

 

What are student services?

 

State Law:

 

Who is an officer of a state or political subdivision?

 

Is an entity a political subdivision?

 

What is the legal status of a new entity?

 

Is a function governmental or proprietary?

 

Is a position under a retirement system?

 

Which employees are eligible for membership in a retirement system?

Who is an employee for purposes of retirement system participation?

 

What is the definition of a police officer or firefighter position?


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1920001220
SL 20001.220 - When Federal and State Laws Apply - 12/12/2003
Batch run: 01/27/2009
Rev:12/12/2003