Opinion letter to Mr. William J. Raftery

January 14, 1976 OPINION LETTEH tJO . 10 Answer by Letter - C. A. Blackrnar Mr . ~iilliaro J . Raftery, Director Division of Accounting F I LE D l Room 125, Capitol Buil ding Jefferson City, t1issouri 65101 /() l I Dear Mr. Raftery: This opinion letter is in response to your request on the follO\"ing question: "Are the Area Agencies on Aging (AAA), estab- lished pursuant to the Ol der Americans Act of 1965 , instrumentalities of tne State for purposes of Section 218 of the Social Security Act, 42 u . s . c . A. §418?' In the request for the opinion you state that the opinion is sought in order to assure t hat t he State of Nissouri meets the requirements of the contract between the state and the Secretary of Health , Education and Welfar e with respect to providing Social Security coverage for state employees. That agreement was entered into pursuant to the authority contained in Section 105.440, RSi..fo. In order to determine whether or not t he stato is obligated to provide Social Security coverage for employees of Area Agen- cies on Aging , it must be determined whe ther those entities are instrumental! ties of the State of l·1i ssouri . Ne arc advised that the Area Agencies on Aging are organized as not- for-profit cor- porations pursuant to Chapter 355, RSt1o. The indispensable characteristic of an instrumentality of the State of Missouri is that it be created by the state pursuant to law. Therefore , Mr. William J. Raftery we do not believe that such entities are "instrument alities" as that term is used in Sections 105.300, RSMo et seq., and the state is not obligated, and indeed not permitted, to contract with the federal government for Social Security coverage for employees of such entities. Very truly yours, JOHU C. DANFORTH Attorney General - 2 -