20 CFR 404.1270-404.1274

SSR 65-57

Pursuant to the State's request for review under section 218(s) of the Social Security Act, the Commissioner affirmed assessments made on the basis that services performed by cooks hired, paid, and supervised by sheriffs of Allen County and Vigo County, Indiana, were performed as employees of the counties and not as personal employees of the sheriffs, and thus, were covered under section 218 of the Social Security Act and the Indiana agreement for coverage of State and local employees.

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.

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.

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