SSR 65-57: SECTION 218(s). -- STATE AND LOCAL COVERAGE -- COMMISSIONER'S RULING ON STATE'S REQUEST FOR REVIEW

20 CFR 404.1270-404.1274

SSR 65-57

Section 218(s) of the Social Security Act, as amended, provides that

where an assessment of an amount due by a State under a Federal-State

agreement has been made pursuant to section 218 or a State's claim for a

credit or refund of an overpayment under such agreement has been

disallowed, or a State has been allowed a credit or refund of an

overpayment under such agreement, the Secretary shall, upon written

request filed by the State within a stipulated time, review such

assessment, disallowance, or allowance and shall render a decision

affirming, modifying, or reversing such assessment, disallowance, or

allowance stating the basis therefor. The Secretary has delegated to the

Commissioner of Social Security authority to make reviews and findings and

to give notice of his findings as required by section 218(s).

The State of Indiana timely requested a review pursuant to section 218(s)

of the assessments made pursuant to findings that services performed by

certain cooks at the Allen County and Vigo County jails were performed as

employees of the respective counties and covered under the Federal-State

agreement made pursuant to section 218.

The facts in the matter are that the individual cooks were employed by

the county sheriffs; the sheriffs were required by State law to feed

prisoners in their custody; the State law further provided that allowances

be given to the sheriffs based on the number of meals served; the salaries

of the cooks were paid by the sheriffs; the sheriffs had the right to

discharge and to direct and control the activities of the cooks; the

positions required services to be rendered 7 days a week; some cooks

worked on a full-time basis and some on a fill-in basis for the remainder

of the week, on holidays, during vacations, and during periods of

illness.

r of meals served; the salaries

of the cooks were paid by the sheriffs; the sheriffs had the right to

discharge and to direct and control the activities of the cooks; the

positions required services to be rendered 7 days a week; some cooks

worked on a full-time basis and some on a fill-in basis for the remainder

of the week, on holidays, during vacations, and during periods of

illness.

The Administration found that the cooks were engaged to assist a public

officer of a political entity who is authorized expressly to hire others

to assist him in the performance of his duties. Therefore, the

Administration determined that these individuals are employees of the

political entity.

The Commissioner reviewed the assessments made and determined that these

services as cooks at county jails were performed as county employees and

covered under the State's section 218 agreement which covers employees of

that political entity.