A “State,” for purposes of a Section 218 agreement, includes the 50 States, Puerto Rico, the Virgin Islands and interstate instrumentalities. It does not include the District of Columbia, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands. All states have a Section 218 agreement with the Social Security Administration.
A political subdivision is a separate legal entity of a State that has governmental powers and functions. Political subdivisions ordinarily include counties, cities, townships, villages, school districts, utility districts and other similar governmental entities.
An “interstate instrumentality” is an independent legal entity, organized by two or more states, to carry out some function of government (e.g., regional transportation systems). For purposes of a Section 218 agreement, an interstate instrumentality has the status of a State under the Social Security Act.
An employee, for purposes of a Section 218 agreement, must meet the definition of employee as defined in Section 210 of the Social Security Act (see Chapter 8). It includes an elected or appointed officer of a State or political subdivision.
Last Revised: Jul. 8, 2004