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.