---
kind: "section"
citation: "20 C.F.R. § 404.1208"
title: "20"
number: "404.1208"
heading: "Ineligible employees."
url: "https://uscodex.org/cfr/20/404.1208"
---

# §404.1208. Ineligible employees.

- (a) **Definition.** An ineligible is an employee who, on first occupying a position under a retirement system, is not eligible for membership in that system because of a personal disqualification like age, physical condition, or length of service.
- (b) **Coverage of ineligible employees.** A State may, in its agreement or any modification to the agreement, provide coverage for the services of ineligible employees in one of three ways:
  - (1) As part of or as an addition to an absolute coverage group;
  - (2) As part of a retirement system coverage group covering all positions under the retirement system; or
  - (3) As part of or as an addition to a retirement system coverage group composed of those members in positions in a retirement system who chose coverage.

## Notes

### Authority

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.

### Source

Source: 53 FR 32976, Aug. 29, 1988, unless otherwise noted.