STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5589

November 14, 1979

SOCIAL SECURITY:

Exemption of elected county officials

COUNTIES:

Exemption of elected county officials from social security coverage

OFFICERS AND EMPLOYEES:

Exemption of county officials from social security coverage

Elected county officials may be exempted from social security coverage under an agreement extending such coverage to employees of the county if the agreement excludes elected officials from coverage.

Agreements providing for social security coverage of public employees may be modified by the State to increase the extent of coverage but not to reduce the amount of coverage.

States may terminate their agreements in their entirety with respect to any coverage group upon giving at least two years' advance notice in writing to the Secretary of Health, Education and Welfare.

Mr. James P. Hoy

Luce County Prosecuting Attorney

405 Newberry Avenue

Newberry, Michigan 49868

You have requested my opinion with respect to the following questions:

The Social Security Act, Sec. 218; 49 Stat 620; 42 USC 418, authorizes the voluntary coverage of State and local government employees by agreement between the State and the Secretary of Health, Education and Welfare. 1951 PA 205; MCLA 38.851 et seq; MSA 17.801 et seq, was enacted by the Michigan legislature to extend social security coverage to State employees and employees of the State's political subdivisions. 1951 PA 205, supra, Sec. 8, authorizes a political subdivision to submit a plan for extending social security coverage to its employees. Such a plan may provide for the exclusion of certain services as set forth in 1951 PA 205, supra, Sec. 2(b), including, but not limited to, services performed on a part-time basis and services performed by elected officials.

It is my opinion, therefore, that elected county officials may be exempted from coverage under an agreement extending social security coverage to employees of the county by which they are employed if that county's agreement excludes elected officials from coverage. Elected county officials may not exempt their employees from coverage unless the entity which they supervise or administer constitutes a juristic entity which is legally separate and distinct from the county and only if its employees are not, by virtue of their relation to such juristic entity, employees of the county. MCLA 38.852(f); MSA 17.802(f).

Coverage agreements may be modified by the State to increase the extent of coverage, but not to reduce the amount of coverage. States may also terminate their agreements in their entirety, 1959 PA 205, supra, Sec. 3, with respect to any coverage group upon giving at least two years advance notice in writing to the Secretary of Health, Education and Welfare. 42 USC 418(g)(1)(B) Thus, coverage agreements may be modified only to extend coverage, but not to reduce coverage.

Frank J. Kelley