[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Proposed Rules]
[Pages 71237-71238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34137]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 422
[Regulations Nos. 4 and 22]
RIN 0960-AE84
Federal Old-Age, Survivors, and Disability Insurance; Employer
Identification Numbers for State and Local Government Employment
AGENCY: Social Security Administration (SSA).
ACTION: Proposed rules.
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SUMMARY: We propose to amend our current rules dealing with the special
identification numbers we issue to States that submit modifications to
their voluntary social security coverage group agreements. Under the
proposed revision, we would issue special identification numbers only
in cases where a modification extends coverage to periods prior to
1987. This revision will permit SSA to divert scarce SSA resources to
other priority workloads without adversely affecting State
recordkeeping operations.
DATES: To be sure that your comments are considered, we must receive
them no later than February 22, 1999.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax
to (410) 966-2830, sent by e-mail to regulations@ssa.gov, or delivered
to the Social Security Administration, 2109 West Low Rise Building,
6401 Security Boulevard, Baltimore, MD 21235, between 8:00 a.m. and
4:30 p.m. on regular business days. Comments may be inspected during
these hours by making arrangements with the contact person shown below.
The electronic file of this document is available on the Internet at
www.access.gpo.gov/nara at 6:00 a.m. on the date of publication in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Robert Augustine, Legal Assistant,
Office of Process and Innovation Management, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 966-5121 or TTY (410) 966-5609 for
information about this rule. For information on eligibility or claiming
benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-
800-325-0778.
SUPPLEMENTARY INFORMATION: Section 205(c)(2)(A) of the Social Security
Act (the Act) requires SSA to maintain a record of the wages and self-
employment income of each individual. The record is identified by the
individual's social security number. Wages posted to an individual's
record are based on wage reports submitted to SSA and the Internal
Revenue Service (IRS) by employers. IRS regulations at 26 CFR
31.6011(a)-l require an employer to file returns required under the
Federal Insurance Contributions Act (FICA) with IRS each year and IRS
regulations at 26 CFR 31.6051-2 and 31.6091-1(d) require an employer to
file wage reports with SSA each year. These requirements are also
explained on wage reporting forms and in related instructions issued by
SSA and IRS. To help account for these returns and reports, IRS assigns
an employer identification number (EIN) to most employers.
Additionally, SSA assigns a special identification number to each
political subdivision of a State which is included in a modification to
the State's coverage agreement under section 218 of the Act. These
special identification numbers must currently be issued to any State
that requests a modification of its coverage agreement, and to
interstate instrumentalities if pre-1987 coverage is obtained. However,
for SSA program purposes, such numbers are necessary only if the
modification covers wages for years prior to 1987. In cases where the
modification does not cover pre-1987 wages, the number is assigned
solely for State bookkeeping purposes.
Explanation of Proposed Changes
We propose to modify paragraph (a) of Sec. 404.1220 and paragraph
(b) of Sec. 422.112 of our regulations to indicate that we will issue a
special identification number to each political subdivision of a State
included in a modification to the State's voluntary coverage agreement
under section 218 of the Act only if the modification extends coverage
to periods prior to 1987. States will be free to assign their own
identification numbers to employers covered under modifications that do
not cover pre-1987 earnings, so that these proposed rules will have no
adverse impact on State recordkeeping operations. This proposal will
permit SSA to divert scarce resources to other priority workloads.
[[Page 71238]]
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and have determined that these proposed rules do not meet the criteria
for a significant regulatory action under Executive Order 12866. Thus,
they are not subject to OMB review.
Regulatory Flexibility Act
We certify that these proposed regulations will not have a
significant economic impact on a substantial number of small entities.
Thus, a regulatory flexibility analysis as provided in the Regulatory
Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These proposed regulations will impose no additional reporting or
recordkeeping requirements requiring OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social
Security Disability Insurance; 96.002 Social Security Retirement
Insurance; 96.004 Social Security Survivors Insurance.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors, and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
20 CFR Part 422
Administrative practice and procedure, Freedom of information,
Organization and functions (Government agencies), Social Security.
Dated: December 14, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set forth in the preamble, we propose to amend
subpart M of Part 404 and subpart B of Part 422 of Chapter III of the
Code of Federal Regulations as follows:
PART 404--FEDERAL OLD AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-- )
Subpart M--[Amended]
1. The authority citation for subpart M of part 404 continues to
read as follows:
Authority: Secs. 205, 210, 218 and 702(a)(5) of the Social
Security Act (42 U.S.C. 405, 410, 418 and 902(a)(5)); sec. 12110,
Pub. L. 99-272, 100 Stat. 287 (42 U.S.C. 418 note); sec. 9002, Pub.
L. 99-509, 100 Stat. 1970.
2. Section 404.1220 is amended by revising paragraph (a) to read as
follows:
Sec. 404.1220 Identification numbers.
(a) State and local governments. When a State submits a
modification to its agreement under section 218 of the Act, which
extends coverage to periods prior to 1987, SSA will assign a special
identification number to each political subdivision included in that
modification. SSA will send the State a Form SSA-214-CD, ``Notice of
Identifying Number,'' to inform the State of the special identification
number(s). The special number will be used for reporting the pre-1987
wages to SSA. The special number will also be assigned to an interstate
instrumentality if pre-1987 coverage is obtained and SSA will send a
Form SSA-214-CD to the interstate instrumentality to notify it of the
number assigned.
* * * * *
PART 422--ORGANIZATION AND PROCEDURES
Subpart B--[Amended]
3. The authority citation for subpart B of part 422 continues to
read as follows:
Authority: Secs. 205, 232, 702(a)(5), 1131, and 1143 of the
Social Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and
1320b-13).
4. Section 422.112 is amended by revising paragraph (b) to read as
follows:
Sec. 422.112 Employer identification numbers.
* * * * *
(b) State and local governments. When a State submits a
modification to its agreement under section 218 of the Act, which
extends coverage to periods prior to 1987, SSA will assign a special
identification number to each political subdivision included in that
modification. SSA will send the State a Form SSA-214-CD, ``Notice of
Identifying Number,'' to inform the State of the special identification
number(s). The special number will be used for reporting the pre-1987
wages to SSA. The special number will also be assigned to an interstate
instrumentality if pre-1987 coverage is obtained and SSA will send a
Form SSA-214-CD to the interstate instrumentality to notify it of the
number assigned.
[FR Doc. 98-34137 Filed 12-23-98; 8:45 am]
BILLING CODE 4190-29-P
