Supreme Court Denies UT’s Bid for Med Students FICA Refund
Client Alert | 1 min read | 05.05.15
The Supreme Court denied without comment the University of Texas' petition to recoup $11 million in Federal Insurance Contributions Act (FICA) taxes paid with respect to medical residents, letting stand a Fifth Circuit decision denying the refunds because the residents were not "students."
UT's argument was based on Texas's "§ 218 agreement" with the Social Security Agency (SSA), pursuant to which Texas opted into the Social Security system for its employees. The § 218 agreement excludes services performed by students, and therefore such services are exempt from FICA tax. Applying a contractual approach to Texas's § 218 agreement, the Fifth Circuit noted that at the time Texas entered into the agreement, the SSA clearly stated its position that medical residents did not fall within the meaning of the term "student" for purposes of the student exclusion. There was no evidence presented that Texas had a different understanding.
In its petition to the Supreme Court, UT argued that the Fifth's opinion conflicted with a similar Eighth Circuit case, Minnesota v. Apfel, which potentially caused a difference in law between the Eighth Circuit and the rest of the country. After Apfel, however, the IRS adopted regulations stating that a school employee who works 40 or more hours per week is not exempt from FICA taxes. Those regulations are applicable for services performed on or after April 1, 2005.
Crowell & Moring's Education Group will continue to monitor cases and legislation important to post-secondary education institutions, ensuring awareness of any changes.
Contacts
Insights
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
In June 2026, federal regulators and lawmakers continued their efforts to improve drug affordability through targeted reforms. These recent developments will primarily impact pharmaceutical manufacturers, managed care organizations, and pharmacy benefit managers (PBM) serving Medicare Part D program members. PBMs, Medicare Advantage organizations, and Part D sponsors should monitor these changes in the interest of maintaining compliance and providing input on regulatory proposals that may influence their business operations or compensation structures in the future.
Client Alert | 6 min read | 06.26.26
Client Alert | 4 min read | 06.25.26
Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity
Client Alert | 7 min read | 06.24.26

