Statutory Constables and Justices of the Peace under a Section 218 Agreement and Social Security - Melvin
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Statutory Constables and Justices of the Peace under a Section 218 Agreement and Social Security

by Melvin Cook

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The state of Nebraska had a section 219 agreement with social security to provide state employees with federal old age insurance benefits.

The state challenged an assessment for a justice of the peace and a constable, claiming that they were not subject to the control typical of an employer/employee relationship.

However, their duties were set out in state statutory and constitutional law. They were considered employees whose wages were covered under the section 218 agreement.

See Social Security Ruling (SSR) 67-44.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted

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