Identification Number:
RM 03803 TN 21
Intended Audience:See Transmittal Sheet
Originating Office:OCO
Title:General Instructions
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RM – Records Maintenance
Chapter 038 – Earnings Discrepancies
Subchapter 03 – General Instructions
Transmittal No. 21, 02/03/2021

Audience

Originating Component

OCO

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.The POMS section should be updated to improve the content for readability and tone.

Summary of Changes

RM 03803.024 Determining the Handling of Incomplete Cases

In A., replaced "Select" with "An...", replaced "...cases for handling as ED's …when..." with "an incomplete case is handled as an earnings discrepancy (ED) when..."

In A.1., removed "that" after "shows", removed "were" after "reports", removed ", but" after "received", removed comma after "processed", replaced "...had run at the time..." with "expired when".

In A.2., replaced "in which" with "where", replaced "are" with "do", revised "agreement" to "agree".

In A.4.a., removed "which", replaced "including" with "includes", replaced "was" with "resulting in", removed "...that which constitutes...".

In A.4.b., replaced "which" with "that", replaced "by" with "as", removed "while", removed "the", removed "of", replaced "his/her" with "their".

In A.4.c., replaced "which" with "that", replaced "caring" with "care for...".

In A.4.d., removed "where..." and "...of which...", revised and moved 2nd sentence after "...United States..." in the 1st sentence before "...prior to 1951.", replaced "…means the foregoing plus..." with "also included" in the last two sentences.

In A.4.e., revised "...Instrumentality which includes..." to "instrumentality including...", inserted "and" between "...clubs," and "...Army".

In A.4.g., removed "which" after "...1984", replaced "...includes" with "including", replaced "such as..." with "e.g.".

Removed first NOTE.

In A.4.h., replaced "by" with "as".

Removed second NOTE.

In B., replaced "Select" with "Handle", removed "for regular handling".

Hyperlinked references in B.1. and B.2.

 

RM 03803.024 Determining the Handling of Incomplete Cases

A. An incomplete case is handled as an earnings discrepancy (ED) when one or more of the following conditions exists:

  1. 1. 

    The file shows reports received not processed because the statute of limitations expired when the reports were received, or an adverse coverage decision was made.

  2. 2. 

    The file contains a previous determination where the findings do not in agree with the present allegation.

  3. 3. 

    Employment is with a State or local government or any political subdivision, or instrumentality thereof.

  4. 4. 

    The discrepancy involves one or more of the following coverage issues:

    1. a. 

      Domestic service including allegations of employment in a private home, local college club, or local chapter of a fraternity or sorority where the alleged employment occurred prior to 1955, or, cash pay resulting in less than a quarter of coverage.

    2. b. 

      Family employment that includes all allegations of employment by a spouse, and employment performed as a child under age 21 for their father and/or mother.

    3. c. 

      Agricultural employment for periods before 1951 that includes care and management of livestock, bees, poultry, fur-bearing animals and wildlife, and work in the fields, greenhouses, hatcheries, ranches, orchards, etc., and work in connection with maintenance of equipment on a farm and salvaging timber and debris left by a hurricane, work in cotton gins, and turpentine and crude gum.

    4. d. 

      Employment where any part occurred outside of the United States (i.e. the States, Alaska, Hawaii, and the District of Columbia) prior to 1951. After 1950, the United States also included the Virgin Islands and Puerto Rico. After 1960, the United States also included Guam and American Samoa.

    5. e. 

      Employment with the United States Government or instrumentality including Army officers' messes, officers' clubs, and Army post exchanges, etc.

    6. f. 

      Employment with a foreign government or instrumentality or employment with an international organization

    7. g. 

      Employment with a non-profit, religious, charitable or educational organization prior to 1984 including churches, labor organizations, political organizations, and organizations, e.g. the Red Cross, Boy Scouts, Girl Scouts, Goodwill Industry, Salvation Army, YMCA,YWCA, YMHA, YWHA, etc.

       

    8. h. 

      Employment at a school or hospital as a student, a student nurse, or a hospital intern.

    9. i. 

      Employment or self-employment as a minister, missionary, or member of a religious order prior to 1968.

    10. j. 

      Employment as a school bus driver.

    11. k. 

      Employment with a communist organization.

  1. 1. 

     

    B. Handle all other incomplete cases as follows:

    1. 1. 

      If a Form W-2, Wage and Tax Statement, or a wage and tax statement issued in lieu of a W-2 is in file covering all discrepant periods, handle per RM 03803.051.

    2. 2. 

      If one or more discrepant periods are not covered by a W-2, handle per applicable instructions in RM 03803.053 or RM 03803.055.


RM 03803 TN 21 - General Instructions - 2/03/2021