A part-time position is one in which the number of work hours normally required by
the position in a week or pay period is less than the normal time requirements for
the majority of positions in the employing entity. The part-time position exclusion
is based on the normal time requirements of the position and not the time spent by
an employee in the position.
If a position is established as a full-time position but the employee works part-time
in this position, the exclusion does not apply. Conversely, if a position is established
as a part-time position and the employee works full time in this position, the services
of the employee are excluded even though the employee works full-time. However, if
the work required for a position originally classified as part-time increases to the
extent the normal time requirements of the position no longer meet the adopted definition
of part-time, the position would no longer constitute a part-time position.
If the part-time position exclusion is taken, the State should define the part time
position in the modification if one has not been previously established. A definition
may apply on a statewide basis or different definitions may be given for different
coverage groups. Some acceptable definitions of part-time positions are:
any position which normally requires less than 20 hours of work each week;
any position which does not normally require over 50 hours of service per month in
any calendar year; and
services performed by an employee in a position that does not normally require actual
performance of duty for at least 600 hours each year.
CAVEAT: The definition of a part-time position for mandatory Social Security may be different
from the definition of a part-time position under a Section 218 Agreement.
EXAMPLE: A city extended Section 218 coverage to its employees and excluded part-time positions.
A part-time position was defined in the agreement as any position that requires 15
hours or less of service per week. The city must apply the Section 218 definition
of part-time positions to determine which positions are excluded from coverage under
Whether seasonal or temporary positions, which require full-time services for a period
of short duration, are part-time positions depends on the definition of part-time
established for the coverage group. Such a position might be a part-time position
if, for example, the definition of part-time is based on an established number of
hours per year.
To determine whether an elective or public office, which requires that an individual
be on duty or available at all times is part-time, the normal time requirements for
actual performance of services would govern.
The part-time exclusion for a coverage group may be limited to any class or classes
of positions, such as elective or legislative. The amount of compensation may not
be used to define part-time, but may be used to define a class of part-time positions.
Examples of acceptable classes of part-time positions are:
all part-time positions the compensation for which is less than $50 per calendar quarter;
all services in part-time legislative elective positions;
all services performed in part-time positions by employees working on a retainer basis.
If the definition of part-time or class of part-time contains multiple conditions,
all of the conditions must be met for the exclusion to apply.
NOTE: The 1972 Social Security Amendments allowed States until January 1, 1974 to exclude
services performed in part-time positions where this exclusion was not taken initially.
Where this was done, States cannot again cover these positions unless Congress enacts
legislation to do so.