SL 40001.435 Designated Date for Retroactivity Purposes
A State or interstate instrumentality may designate a date to control for purposes of who is entitled to retroactive coverage (as distinguished from the effective date of retroactivity). The date designated cannot be earlier than the date the modification is mailed or otherwise delivered to SSA or later than the date the modification is executed by SSA..
The modification should include the following statement: “In accordance with Section 218(e)(2) of the Act the State of _________ designates the following date: _____(month) (day) (year)_.”
If the State wishes to designate the same date for all coverage groups included in a modification, include the statement at the end of the modification. If different designated dates are desired, the statement should follow each coverage group listing.
A State or interstate instrumentality should designate a date to control retroactivity or advise specifically that it does not wish to do so. This information should be included in the body of the modification to eliminate questions in the future regarding the State's intent. It may also be included in the covering transmittal letter.
NOTE: Modifications that provide only prospective coverage should not contain a 218(e)(2) designated date.