Basic (04-06)

SL 90006.001 Transmittal 5 to SL 30001, April 2006

Part 19 – State and Local Coverage Handbook
Chapter 300 – Coverage Under Section 218 Agreements
Subchapter 01 – Coverage Under Section 218 Agreements

   

Audience
State Social Security Administrators
Regional Offices—RSI Team Leaders
Parallel Social Security Field Offices—District Managers
Regional General Counsel Staff

   

Originating Component

OISP/OEIE

   

Effective Date

Upon Receipt

   

Background

Section 104(f) of the Social Security Amendments of 1956 authorized Florida, Hawaii, Minnesota, Nevada, New Mexico, Oklahoma, Pennsylvania, Texas, and Washington to cover nonprofessional school employees in positions under a retirement system without a referendum and as a separate coverage group. Nonprofessional school employees are those employees of public school districts in the specified States who were not in positions which required a valid State teacher's or administrator's certificate as a prerequisite to being paid for their services. Examples of possible nonprofessional employee positions would be school nurse, janitor, bus driver, librarian, counselor, educational aide, etc. Some of the above States used this Section 104(f) special provision to cover the nonprofessional school employees. After 1961, coverage of these employees is possible only through the referendum procedures.

   

Complications may arise when determining which nonprofessional school employee positions are now covered by a Section 104(f) based modification, because of subsequent changes to the state requirements for certain school employee positions.

   

Summary of Changes

The purpose of this transmittal is to provide in SL 30001.370A. a better guideline for determining which present day school employee positions would be covered by a Section 104(f) based modification. Where it can be obtained, the teacher and administrator certification requirements in effect at the time the modification was executed should be consulted and be used as the basis for the determination. If such evidence cannot be obtained, this subsection provides alternative criteria upon which a nonprofessional school employee determination can be made.