TN 10 (01-20)

SL 40001.450 Modifications to Correct Errors in a State’s 218 Agreement or Prior Modification

The rules contained in this section apply when a State is correcting errors contained in an Agreement or Modification that the State and Social Security Administration (SSA) have already executed. Because the Agreement or Modification is already in force, SSA requires formal documentation to process the correction. These rules are not applicable to pending Modifications, which the State may correct less formally before execution (see SL 40001.420E).

A. Modifications to correct minor clerical or typographical errors

A minor clerical or typographical error made in an Agreement or Modification that does not affect the coverage may be corrected without submission of an additional Modification. The designated State official must submit a written and signed request clearly identifying the error and requesting its correction.

SSA considers a minor clerical error to be any error involving the submission or attachment of incorrect documents. For example, a minor clerical error occurs where the State erroneously attaches the wrong certification of referendum to a Modification. The written request for correction should include any document that should have been filed.

SSA considers a minor typographical error to be one where it is apparent that the document contains typed mistakes that are clearly not consistent with the intent or purpose of the document submitted. One such example would be where a State’s clear intent was to cover School District No. 12, but the Modification submitted accidentally indicated School District No. 13. In the case of a minor typographical error, the written request for correction should provide evidence showing that the error was not consistent with the intent or purpose of the document.

B. Modifications to correct errors affecting the scope of coverage

If an error relates to the extent of the coverage or the effective date of coverage, the State must submit a new Modification in order to correct the error. The new Modification must clearly explain the nature of the error and request its correction. The State must provide evidence that establishes an error actually occurred. Acceptable evidence may include a copy of the intrastate Agreement of coverage between the State and the political entity, minutes of meetings documenting intended coverage, or statements by appropriate officials clarifying the intended coverage at the time coverage was requested. The entity's wage reporting practices and contribution history must be consistent with the purported intended coverage.

Generally, an error in an Agreement or Modification which can be corrected by a subsequent Modification results from a situation where all individuals or agencies concerned took every action they believed necessary to effectuate the coverage desired, but because of the error failed to accomplish the objective.

Corrections are not limited to errors made by the State itself as an error on the part of a political subdivision may also be corrected.

C. Modifications to remove entities already covered by the State’s Agreement

If a State submits a Modification that extends coverage to a political subdivision that it has already covered by an earlier Modification, the State must correct the error. A new Modification is not required to correct the error. Instead, the designated State official must submit a written and signed request to the regional office for the deletion of the reference to the political subdivision in the later Modification. The written request should identify the earlier Modification that extended coverage to the political subdivision in the first instance.

D. Modifications to delete political entities which did not exist or have employees

A political entity which was listed in an Agreement or Modification, but was not in existence at the time of execution, or on the designated date, or did not have any employees to whom the Agreement could be made applicable, must be removed from the Agreement.

The State must submit a Modification to remove the entity from the Agreement or prior Modification. The Modification must clearly explain the nature of the error and request its correction. The State must provide evidence documenting the error along with the Modification.

E. Modifications to delete a nongovernmental entity

If the State listed a nongovernmental entity as a political subdivision in an Agreement or Modification, the State must submit a Modification to remove the entity from its Section 218 Agreement. The State should include with the Modification evidence to establish the error. The evidence provided should include a reference to the statutory or other authority under which the entity was created and any other evidence establishing its status.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1940001450
SL 40001.450 - Modifications to Correct Errors in a State’s 218 Agreement or Prior Modification - 12/10/2003
Batch run: 01/29/2020
Rev:12/10/2003