US (United States) Code. Title 42. Chapter 7: Social Security

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective as if included in the

enactment of Pub. L. 101-239, Sec. 10208, see section 5130(b) of

Pub. L. 101-508, set out as a note under section 1402 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1989 AMENDMENTS

Amendment by section 10208(a) of Pub. L. 101-239 applicable with

respect to computation of average total wage amounts (under amended

provisions) for calendar years after 1990, see section 10208(c) of

Pub. L. 101-239, set out as a note under section 430 of this title.

Amendment by Pub. L. 101-140 effective as if included in section

1151 of Pub. L. 99-514, see section 203(c) of Pub. L. 101-140, set

out as a note under section 79 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by sections 1001(g)(4)(C), 1011(f)(8), and

1011B(a)(23)(B) of Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

Title 26, Internal Revenue Code.

Amendment by section 1011B(a)(22)(E) of Pub. L. 100-647 not

applicable to any individual who separated from service with the

employer before Jan. 1, 1989, see section 1011B(a)(22)(F) of Pub.

L. 100-647, set out as a note under section 3121 of Title 26.

Amendment by section 3043(a) of Pub. L. 100-647 applicable to all

periods beginning before, on, or after Nov. 10, 1988, with no

inference created as to existence or non-existence or scope of any

exemption from tax for income derived from fishing rights secured

as of Mar. 17, 1988, by any treaty, law, or Executive Order, see

section 3044 of Pub. L. 100-647, set out as an Effective Date note

under section 7873 of Title 26.

Amendment by section 8017(a) of Pub. L. 100-647 effective as if

included in amendments made by section 9002 of Omnibus Budget

Reconciliation Act of 1987, Pub. L. 100-203, see section 8017(c) of

Pub. L. 100-647, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9001(a)(2) of Pub. L. 100-203 applicable

with respect to remuneration paid after Dec. 31, 1987, see section

9001(d) of Pub. L. 100-203, set out as a note under section 3121 of

Title 26, Internal Revenue Code.

Amendment by section 9002(a) of Pub. L. 100-203 applicable with

respect to remuneration for agricultural labor paid after Dec. 31,

1987, see section 9002(c) of Pub. L. 100-203, set out as a note

under section 3121 of Title 26.

Amendment by section 9003(a)(1) of Pub. L. 100-203 applicable

with respect to group-term life insurance coverage in effect after

Dec. 31, 1987, with exception for employer's group-term life

insurance payments for certain former employees, see section

9003(b) of Pub. L. 100-203, as amended, set out as a note under

section 3121 of Title 26.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 122(e)(5) of Pub. L. 99-514 applicable to

prizes and awards granted after Dec. 31, 1986, see section 151(c)

of Pub. L. 99-514, set out as a note under section 1 of Title 26,

Internal Revenue Code.

Amendment by section 1151(d)(2)(C) of Pub. L. 99-514 applicable

to taxable years beginning after Dec. 31, 1983, see section

1151(k)(5) of Pub. L. 99-514, set out as a note under section 79 of

Title 26.

Section 12112(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section and section 3121 of

Title 26, Internal Revenue Code] shall be effective with respect to

service performed after December 31, 1983."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 491(d)(39) of Pub. L. 98-369 applicable to

obligations issued after Dec. 31, 1983, see section 491(f)(1) of

Pub. L. 98-369, set out as a note under section 62 of Title 26,

Internal Revenue Code.

Amendment by section 531(d)(1)(B) of Pub. L. 98-369 effective

Jan. 1, 1985, see section 531(h) of Pub. L. 98-369, set out as an

Effective Date note under section 132 of Title 26.

Amendment by section 2661(i) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(6) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 101(c)(1) of Pub. L. 98-21 effective with

respect to services performed after Dec. 31, 1983, see section

101(d) of Pub. L. 98-21, as amended, set out as a note under

section 3121 of Title 26, Internal Revenue Code.

Amendment by section 324(c)(1)-(3) of Pub. L. 98-21 applicable to

remuneration paid after Dec. 31, 1983, except for certain employer

contributions made during 1984 under a qualified cash or deferred

arrangement, and except in the case of an agreement with certain

nonqualified deferred compensation plans in existence on Mar. 24,

1983, see section 324(d) of Pub. L. 98-21, set out as a note under

section 3121 of Title 26.

Amendment by section 327(a)(2) of Pub. L. 98-21 applicable to

remuneration paid after Dec. 31, 1983, see section 327(d)(1) of

Pub. L. 98-21, as amended, set out as a note under section 3121 of

Title 26.

Amendment by section 327(b)(2) of Pub. L. 98-21 applicable to

remuneration (other than amounts excluded under 26 U.S.C. 119) paid

after Mar. 4, 1983, and to any such remuneration paid on or before

such date which the employer treated as wages when paid, see

section 327(d)(2) of Pub. L. 98-21, as amended, set out as a note

under section 3121 of Title 26.

Amendment by section 328(b) of Pub. L. 98-21 applicable to

remuneration paid after Dec. 31, 1983, see section 328(d)(1) of

Pub. L. 98-21, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1981 AMENDMENTS

Amendment by Pub. L. 97-123 applicable, except as otherwise

provided, to remuneration paid after Dec. 31, 1981, see section

3(g) of Pub. L. 97-123, set out as a note under section 3121 of

Title 26, Internal Revenue Code.

Amendment by Pub. L. 97-34 applicable to remuneration paid after

Dec. 31, 1981, see section 124(f) of Pub. L. 97-34, set out as a

note under section 21 of Title 26.

EFFECTIVE DATE OF 1980 AMENDMENT

For effective date of amendment by Pub. L. 96-499, see section

1141(c) of Pub. L. 96-499, set out as a note under section 3121 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. 95-600 applicable with respect to taxable years

beginning after Dec. 31, 1978, see section 164(d) of Pub. L.

95-600, set out as an Effective Date note under section 127 of

Title 26, Internal Revenue Code.

Amendment by Pub. L. 95-472 applicable with respect to taxable

years beginning after Dec. 31, 1976, see section 3(d) of Pub. L.

95-472, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 351(d) of Pub. L. 95-216 provided that: "The amendments

made by subsection (a) [amending this section and section 410 of

this title] shall apply with respect to remuneration paid and

services rendered after December 31, 1977. The amendments made by

subsections (b) and (c) [amending sections 412 and 413 of this

title] shall be effective January 1, 1978."

EFFECTIVE DATE OF 1973 AMENDMENTS

Section 5(e) of Pub. L. 93-233 provided that: "The amendments

made by this section [amending this section and sections 411, 413,

and 430 of this title and sections 3121, 3122, 3125, 6413, and 6654

of Title 26, Internal Revenue Code], except subsection (a)(4),

shall apply only with respect to remuneration paid after, and

taxable years beginning after, 1973. The amendments made by

subsection (a)(4) [amending section 415 of this title] shall apply

with respect to calendar years after 1973."

Section 203(e) of Pub. L. 93-66 provided that: "The amendments

made by this section [amending this section and sections 411, 415,

and 430 of this title and sections 3121, 3122, 3125, 6413, and 6654

of Title 26] except subsection (a)(4), shall apply only with

respect to remuneration paid after, and taxable years beginning

after, 1973. The amendments made by subsection (a)(4) [amending

section 415 of this title] shall apply with respect to calendar

years after 1973."

EFFECTIVE DATE OF 1972 AMENDMENTS

Amendment by section 104(g) of Pub. L. 92-603 applicable only

with respect to payments after 1974, see section 104(j) of Pub. L.

92-603, set out as a note under section 414 of this title.

Section 122(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 3121 of

Title 26, Internal Revenue Code] shall apply in the case of any

payment made after December 1972."

Section 138(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 3121 of

Title 26, Internal Revenue Code] shall apply in the case of any

payment made after December 1972."

Section 203(c) of Pub. L. 92-336 provided that: "The amendments

made by subsections (a)(1) and (a)(3)(A) [amending this section and

section 413 of this title], and the amendments made by subsection

(b) [amending sections 3121, 3122, 3125, and 6413 of Title 26,

Internal Revenue Code] (except paragraphs (1) and (7) thereof),

shall apply only with respect to remuneration paid after December

1972. The amendments made by subsections (a)(2), (a)(3)(B), (b)(1),

and (b)(7) [amending sections 411 and 413 of this title and

sections 1402 and 6654 of Title 26] shall apply only with respect

to taxable years beginning after 1972. The amendment made by

subsection (a)(4) [amending section 415 of this title] shall apply

only with respect to calendar years after 1972."

EFFECTIVE DATE OF 1971 AMENDMENT

Section 203(c) of Pub. L. 92-5 provided that: "The amendments

made by subsections (a)(1) and (a)(3)(A) [amending this section and

section 413 of this title], and the amendments made by subsection

(b) (except paragraphs (1) and (7) thereof) [amending sections

3121, 3122, 3125, and 6413 of Title 26, Internal Revenue Code],

shall apply only with respect to remuneration paid after December

1971. The amendments made by subsections (a)(2), (a)(3)(B), (b)(1),

and (b)(7) [amending sections 411 and 413 of this title and

sections 1402 and 6654 of Title 26] shall apply only with respect

to taxable years beginning after 1971. The amendment made by

subsection (a)(4) [amending section 415 of this title] shall apply

only with respect to calendar years after 1971."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 108(c) of Pub. L. 90-248 provided that: "The amendment

made by subsections (a)(1) and (a)(3)(A) [amending this section and

section 423 of this title], and the amendments made by subsection

(b) (except paragraph (1) thereof) [amending sections 1402, 3121,

3122, 3125, and 6413 of Title 26, Internal Revenue Code], shall

apply only with respect to remuneration paid after December 1967.

The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1)

[amending sections 411 and 413 of this title and section 1402 of

Title 26] shall apply only with respect to taxable years ending

after 1967. The amendment made by subsection (a)(4) [amending

section 415 of this title] shall apply only with respect to

calendar years after 1967."

Amendment by section 504(c) of Pub. L. 90-248 applicable with

respect to remuneration paid after Jan. 2, 1968, see section 504(d)

of Pub. L. 90-248, set out as a note under section 3121 of Title

26.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 313(a) of Pub. L. 89-97 applicable only with

respect to tips received by employees after 1965, see section

313(f) of Pub. L. 89-97, set out as an Effective Date note under

section 6053 of Title 26, Internal Revenue Code.

Amendment by section 320(a)(1) of Pub. L. 89-97 applicable with

respect to remuneration paid after December 1965, see section

320(c) of Pub. L. 89-97, set out as a note under section 3121 of

Title 26.

EFFECTIVE DATE OF 1964 AMENDMENTS

Amendment by Pub. L. 88-650 applicable with respect to

remuneration paid on or after the first day of the first calendar

month which begins more than ten days after Oct. 13, 1964, see

section 4(d) of Pub. L. 88-650, set out as a note under section

3121 of Title 26, Internal Revenue Code.

Amendment by Pub. L. 88-272 applicable to remuneration paid after

Dec. 31, 1962, see section 220(d) of Pub. L. 88-272, set out as an

Effective Date note under section 406 of Title 26.

EFFECTIVE DATE OF 1961 AMENDMENTS

Amendment by Pub. L. 87-293 applicable with respect to service

performed after Sept. 22, 1961, but in the case of persons serving

under the Peace Corps agency established by executive order

applicable with respect to service performed on or after the

effective date of enrollment, see section 202(c) of Pub. L. 87-293,

set out as a note under section 3121 of Title 26, Internal Revenue

Code.

Amendment by Pub. L. 87-64 applicable with respect to monthly

benefits for months beginning on or after August 1, 1961, based on

applications filed in or after March 1961, and with respect to

lump-sum death payments under this subchapter in the case of deaths

on or after August 1, 1961, see sections 102(f) and 109 of Pub. L.

87-64, set out as 1961 Increase in Monthly Benefits; Effective

Date, and Effective Date of 1961 Amendment notes, respectively,

under section 402 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-778 effective Sept. 13, 1960, see section

103(v)(1) of Pub. L. 86-778, set out as a note under section 402 of

this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-786 provided that: "The amendment made by

section 1 [amending this section] shall be applicable to

remuneration paid after the enactment of this Act [Aug. 27, 1958],

except that, in the case of any coverage group which is included

under the agreement of a State under section 218 of the Social

Security Act [section 418 of this title], the amendment made by

section 1 shall also be applicable to remuneration for any member

of such coverage group with respect to services performed after the

effective date, specified in such agreement, for such coverage

group, if such State has paid or agrees, prior to January 1, 1959,

to pay, prior to such date, the amounts which under section 218(e)

[section 418(e) of this title] would have been payable with respect

to remuneration of all members of such coverage group had the

amendment made by section 1 been in effect on and after January 1,

1951. Failure by a State to make such payments prior to January 1,

1959, shall be treated the same as failure to make payments when

due under section 218(e)."

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957,

see section 603(a) of act Aug. 1, 1956.

Section 105(d) of act Aug. 1, 1956, ch. 836, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall apply with respect to remuneration paid after 1956,

and the amendment made by subsection (b) of this section [amending

section 410 of this title] shall apply with respect to service

performed after 1956."

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by section 101(a)(1)-(3) of act Sept. 1, 1954,

applicable only with respect to remuneration paid after 1954, see

section 101(m) of act Sept. 1, 1954, set out as a note under

section 405 of this title.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 104(b) of act Aug. 28, 1950, provided that: "The

amendment made by subsection (a) [amending this section] shall take

effect January 1, 1951, except that sections 214, 215, and 216 of

the Social Security Act [sections 414 to 416 of this title] shall

be applicable (1) in the case of monthly benefits for months after

August 1950, and (2) in the case of lump-sum death payments with

respect to deaths after August 1950."

EFFECTIVE DATE OF 1948 AMENDMENT

Section 1(b) of act Apr. 20, 1948, provided in part that: "The

amendment made by subsection (a) [amending this section] shall be

applicable with respect to services performed after the date of the

enactment of this Act [Apr. 20, 1948]."

EFFECTIVE DATE OF 1946 AMENDMENT

Sections 407(b), 408(b), and 409(b) of act Aug. 10, 1946, each

provided that: "The amendment made by subsection (a) of this

section [amending this section] shall be applicable only in cases

of applications for benefits under this title [this subchapter]

filed after December 31, 1946."

EFFECTIVE DATE OF 1945 AMENDMENT

Section 5(a) of act Dec. 29, 1945, provided that the amendment

made by that section is effective Jan. 1, 1946.

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

REPEALS: AMENDMENTS AND APPLICATION OF AMENDMENTS UNAFFECTED

Section 202(b)(2) of Pub. L. 87-293, cited as a credit to this

section, was repealed by Pub. L. 89-572, Sec. 5(a), Sept. 13, 1966,

80 Stat. 765. Such repeal not deemed to affect amendments to this

section contained in such provisions, and continuation in full

force and effect until modified by appropriate authority of all

determinations, authorization, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of the repealed provisions, see section 5(b) of

Pub. L. 89-572, set out as a note under former section 2515 of

Title 22, Foreign Relations and Intercourse.

EXCLUSION FROM WAGES AND COMPENSATION OF REFUNDS REQUIRED FROM

EMPLOYERS TO COMPENSATE FOR DUPLICATION OF MEDICARE BENEFITS BY

HEALTH CARE BENEFITS PROVIDED BY EMPLOYERS

For purposes of this subchapter, the term "wages" shall not

include the amount of any refund required under section 421 of Pub.

L. 100-360 [42 U.S.C. 1395b note], see section 10202 of Pub. L.

101-239, set out as a note under section 1395b of this title.

NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99-514;

MONIES APPROPRIATED FOR FISCAL YEAR 1990 NOT TO BE USED FOR

ENFORCEMENT OR IMPLEMENTATION OF AMENDMENT

No monies appropriated by Pub. L. 101-136 to be used to implement

or enforce section 1151 of Pub. L. 99-514 or the amendments made by

such section, see section 528 of Pub. L. 101-136, set out as a note

under section 89 of Title 26, Internal Revenue Code.

SOCIAL SECURITY COVERAGE OF RETIRED FEDERAL JUDGES ON ACTIVE DUTY

Notwithstanding section 101(d) of Pub. L. 98-21, set out as an

Effective Date of 1983 Amendment note above, the amendment of this

section by section 101(c)(1) of Pub. L. 98-21 is applicable only

with respect to remuneration paid after Dec. 31, 1985, with

remuneration paid prior to Jan. 1, 1986, under section 371(b) of

Title 28, Judiciary and Judicial Procedure, to an individual

performing service under section 294 of Title 28 not to be included

in the term "wages" for purposes of this section or section 3121(a)

of Title 26, Internal Revenue Code, see section 4 of Pub. L.

98-118, set out as a note under section 3121 of Title 26.

PAYMENTS UNDER STATE TEMPORARY DISABILITY LAW TO BE TREATED AS

REMUNERATION FOR SERVICE

For purposes of applying this section with respect to the

parenthetical matter contained in subsec. (b)(2) of this section,

payments under a State temporary disability law to be treated as

remuneration for service, see section 3(e) of Pub. L. 97-123, set

out as a note under section 3121 of Title 26, Internal Revenue

Code.

SERVICES FOR COOPERATIVES PRIOR TO 1951

Section 110 of act Aug. 28, 1950, provided that: "In any case in

which -

"(1) an individual has been employed at any time prior to 1951

by organizations enumerated in the first sentence of section

101(12) of the Internal Revenue Code [1939].

"(2) the service performed by such individual during the time

he was so employed constituted agricultural labor as defined in

section 209(l) of the Social Security Act [former subsec. (l) of

this section] and section 1426(h) of the Internal Revenue Code

[1939], as in effect prior to the enactment of this Act [Aug. 28,

1950], and such service would, but for the provisions of such

sections, have constituted employment for the purposes of title

II of the Social Security Act [this subchapter] and subchapter A

of chapter 9 of such Code [1939].

"(3) the taxes imposed by sections 1400 and 1410 of the

Internal Revenue Code [1939] have been paid with respect to any

part of the remuneration paid to such individual by such

organization for such service and the payment of such taxes by

such organization has been made in good faith upon the assumption

that such service did not constitute agricultural labor as so

defined, and

"(4) no refund of such taxes has been obtained,

the amount of such remuneration with respect to which such taxes

have been paid shall be deemed to constitute remuneration for

employment as defined in section 209(b) of the Social Security Act

[former subsec. (b) of this section] as in effect prior to the

enactment of this Act [Aug. 28, 1950] (but it shall not constitute

wages for purposes of deductions under section 203 of such Act

[section 403 of this title] for months for which benefits under

title II of such Act [this subchapter] have been certified and paid

prior to the enactment of this act."

REFUNDS OR CREDITS FOR OVERPAYMENTS

Section 3 of act Apr. 20, 1948, provided that: "If any amount

paid prior to the date of the enactment of this Act [Apr. 20, 1948]

constitutes an overpayment of tax solely by reason of an amendment

made by this Act [amending this section], no refund or credit shall

be made or allowed with respect to the amount of such overpayment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 405, 413, 415, 417,

418, 424a, 430 of this title; title 5 sections 5901, 8440; title 26

section 7701; title 29 section 206; title 38 section 1301; title 45

sections 231, 231b, 231e.

-FOOTNOTE-

(!1) So in original. Probably should be designated cls. (i) and

(ii), respectively.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 410. Definitions relating to employment

-STATUTE-

For the purposes of this subchapter -

(a) Employment

The term "employment" means any service performed after 1936 and

prior to 1951 which was employment for the purposes of this

subchapter under the law applicable to the period in which such

service was performed, and any service, of whatever nature,

performed after 1950 (A) by an employee for the person employing

him, irrespective of the citizenship or residence of either, (i)

within the United States, or (ii) on or in connection with an

American vessel or American aircraft under a contract of service

which is entered into within the United States or during the

performance of which and while the employee is employed on the

vessel or aircraft it touches at a port in the United States, if

the employee is employed on and in connection with such vessel or

aircraft when outside the United States, or (B) outside the United

States by a citizen or resident of the United States as an employee

(i) of an American employer (as defined in subsection (e) of this

section), or (ii) of a foreign affiliate (as defined in section

3121(l)(6) of the Internal Revenue Code of 1986) of an American

employer during any period for which there is in effect an

agreement, entered into pursuant to section 3121(l) of such Code,

with respect to such affiliate, or (C) if it is service, regardless

of where or by whom performed, which is designated as employment or

recognized as equivalent to employment under an agreement entered

into under section 433 of this title; except that, in the case of

service performed after 1950, such term shall not include -

(1) Service performed by foreign agricultural workers lawfully

admitted to the United States from the Bahamas, Jamaica, and the

other British West Indies, or from any other foreign country or

possession thereof, on a temporary basis to perform agricultural

labor;

(2) Domestic service performed in a local college club, or

local chapter of a college fraternity or sorority, by a student

who is enrolled and is regularly attending classes at a school,

college, or university;

(3)(A) Service performed by a child under the age of 18 in the

employ of his father or mother;

(B) Service not in the course of the employer's trade or

business, or domestic service in a private home of the employer,

performed by an individual under the age of 21 in the employ of

his father or mother, or performed by an individual in the employ

of his spouse or son or daughter; except that the provisions of

this subparagraph shall not be applicable to such domestic

service performed by an individual in the employ of his son or

daughter if -

(i) the employer is a surviving spouse or a divorced

individual and has not remarried, or has a spouse living in the

home who has a mental or physical condition which results in

such spouse's being incapable of caring for a son, daughter,

stepson, or stepdaughter (referred to in clause (ii)) for at

least 4 continuous weeks in the calendar quarter in which the

service is rendered, and

(ii) a son, daughter, stepson, or stepdaughter of such

employer is living in the home, and

(iii) the son, daughter, stepson, or step-daughter (referred

to in clause (ii)) has not attained age 18 or has a mental or

physical condition which requires the personal care and

supervision of an adult for at least 4 continuous weeks in the

calendar quarter in which the service is rendered;

(4) Service performed by an individual on or in connection with

a vessel not an American vessel, or on or in connection with an

aircraft not an American aircraft, if (A) the individual is

employed on and in connection with such vessel or aircraft when

outside the United States and (B)(i) such individual is not a

citizen of the United States or (ii) the employer is not an

American employer;

(5) Service performed in the employ of the United States or any

instrumentality of the United States, if such service -

(A) would be excluded from the term "employment" for purposes

of this subchapter if the provisions of paragraphs (5) and (6)

of this subsection as in effect in January 1983 had remained in

effect, and

(B) is performed by an individual who -

(i) has been continuously performing service described in

subparagraph (A) since December 31, 1983, and for purposes of

this clause -

(I) if an individual performing service described in

subparagraph (A) returns to the performance of such service

after being separated therefrom for a period of less than

366 consecutive days, regardless of whether the period

began before, on, or after December 31, 1983, then such

service shall be considered continuous,

(II) if an individual performing service described in

subparagraph (A) returns to the performance of such service

after being detailed or transferred to an international

organization as described under section 3343 of subchapter

III of chapter 33 of title 5 or under section 3581 of

chapter 35 of such title, then the service performed for

that organization shall be considered service described in

subparagraph (A),

(III) if an individual performing service described in

subparagraph (A) is reemployed or reinstated after being

separated from such service for the purpose of accepting

employment with the American Institute of Taiwan as

provided under section 3310 of title 22, then the service

performed for that Institute shall be considered service

described in subparagraph (A),

(IV) if an individual performing service described in

subparagraph (A) returns to the performance of such service

after performing service as a member of a uniformed service

(including, for purposes of this clause, service in the

National Guard and temporary service in the Coast Guard

Reserve) and after exercising restoration or reemployment

rights as provided under chapter 43 of title 38, then the

service so performed as a member of a uniformed service

shall be considered service described in subparagraph (A),

and

(V) if an individual performing service described in

subparagraph (A) returns to the performance of such service

after employment (by a tribal organization) to which

section 450i(e)(2) of title 25 applies, then the service

performed for that tribal organization shall be considered

service described in subparagraph (A); or

(ii) is receiving an annuity from the Civil Service

Retirement and Disability Fund, or benefits (for service as

an employee) under another retirement system established by a

law of the United States for employees of the Federal

Government (other than for members of the uniformed

services);

except that this paragraph shall not apply with respect to any

such service performed on or after any date on which such

individual performs -

(C) service performed as the President or Vice President of

the United States,

(D) service performed -

(i) in a position placed in the Executive Schedule under

sections 5312 through 5317 of title 5,

(ii) as a noncareer appointee in the Senior Executive

Service or a noncareer member of the Senior Foreign Service,

or

(iii) in a position to which the individual is appointed by

the President (or his designee) or the Vice President under

section 105(a)(1), 106(a)(1), or 107(a)(1) or (b)(1) of title

3, if the maximum rate of basic pay for such position is at

or above the rate for level V of the Executive Schedule,

(E) service performed as the Chief Justice of the United

States, an Associate Justice of the Supreme Court, a judge of a

United States court of appeals, a judge of a United States

district court (including the district court of a territory), a

judge of the United States Court of Federal Claims, a judge of

the United States Court of International Trade, a judge of the

United States Tax Court, a United States magistrate judge, or a

referee in bankruptcy or United States bankruptcy judge,

(F) service performed as a Member, Delegate, or Resident

Commissioner of or to the Congress,

(G) any other service in the legislative branch of the

Federal Government if such service -

(i) is performed by an individual who was not subject to

subchapter III of chapter 83 of title 5 or to another

retirement system established by a law of the United States

for employees of the Federal Government (other than for

members of the uniformed services), on December 31, 1983, or

(ii) is performed by an individual who has, at any time

after December 31, 1983, received a lump-sum payment under

section 8342(a) of title 5 or under the corresponding

provision of the law establishing the other retirement system

described in clause (i), or

(iii) is performed by an individual after such individual

has otherwise ceased to be subject to subchapter III of

chapter 83 of title 5, (without having an application pending

for coverage under such subchapter), while performing service

in the legislative branch (determined without regard to the

provisions of subparagraph (B) relating to continuity of

employment), for any period of time after December 31, 1983,

and for purposes of this subparagraph (G) an individual is

subject to such subchapter III or to any such other retirement

system at any time only if (a) such individual's pay is subject

to deductions, contributions, or similar payments (concurrent

with the service being performed at that time) under section

8334(a) of such title 5 or the corresponding provision of the

law establishing such other system, or (in a case to which

section 8332(k)(1) of such title applies) such individual is

making payments of amounts equivalent to such deductions,

contributions, or similar payments while on leave without pay,

or (b) such individual is receiving an annuity from the Civil

Service Retirement and Disability Fund, or is receiving

benefits (for service as an employee) under another retirement

system established by a law of the United States for employees

of the Federal Government (other than for members of the

uniformed services), or

(H) service performed by an individual -

(i) on or after the effective date of an election by such

individual, under section 301 of the Federal Employees'

Retirement System Act of 1986, section 2157 of title 50, or

the Federal Employees' Retirement System Open Enrollment Act

of 1997 (!1) to become subject to the Federal Employees'

Retirement System provided in chapter 84 of title 5, or

(ii) on or after the effective date of an election by such

individual, under regulations issued under section 860 of the

Foreign Service Act of 1980 [22 U.S.C. 4071i], to become

subject to the Foreign Service Pension System provided in

subchapter II of chapter 8 of title I of such Act [22 U.S.C.

4071 et seq.];

(6) Service performed in the employ of the United States or any

instrumentality of the United States if such service is performed

-

(A) in a penal institution of the United States by an inmate

thereof;

(B) by any individual as an employee included under section

5351(2) of title 5 (relating to certain interns, student

nurses, and other student employees of hospitals of the Federal

Government), other than as a medical or dental intern or a

medical or dental resident in training; or

(C) by any individual as an employee serving on a temporary

basis in case of fire, storm, earthquake, flood, or other

similar emergency;

(7) Service performed in the employ of a State, or any

political subdivision thereof, or any instrumentality of any one

or more of the foregoing which is wholly owned thereby, except

that this paragraph shall not apply in the case of -

(A) service included under an agreement under section 418 of

this title,

(B) service which, under subsection (k) of this section,

constitutes covered transportation service,

(C) service in the employ of the Government of Guam or the

Government of American Samoa or any political subdivision

thereof, or of any instrumentality of any one or more of the

foregoing which is wholly owned thereby, performed by an

officer or employee thereof (including a member of the

legislature of any such Government or political subdivision),

and, for purposes of this subchapter -

(i) any person whose service as such an officer or employee

is not covered by a retirement system established by a law of

the United States shall not, with respect to such service, be

regarded as an officer or employee of the United States or

any agency or instrumentality thereof, and

(ii) the remuneration for service described in clause (i)

(including fees paid to a public official) shall be deemed to

have been paid by the Government of Guam or the Government of

American Samoa or by a political subdivision thereof or an

instrumentality of any one or more of the foregoing which is

wholly owned thereby, whichever is appropriate,

(D) service performed in the employ of the District of

Columbia or any instrumentality which is wholly owned thereby,

if such service is not covered by a retirement system

established by a law of the United States (other than the

Federal Employees Retirement System provided in chapter 84 of

title 5); except that the provisions of this subparagraph shall

not be applicable to service performed -

(i) in a hospital or penal institution by a patient or

inmate thereof;

(ii) by any individual as an employee included under

section 5351(2) of title 5 (relating to certain interns,

student nurses, and other student employees of hospitals of

the District of Columbia Government), other than as a medical

or dental intern or as a medical or dental resident in

training;

(iii) by any individual as an employee serving on a

temporary basis in case of fire, storm, snow, earthquake,

flood, or other similar emergency; or

(iv) by a member of a board, committee, or council of the

District of Columbia, paid on a per diem, meeting, or other

fee basis,

(E) service performed in the employ of the Government of Guam

(or any instrumentality which is wholly owned by such

Government) by an employee properly classified as a temporary

or intermittent employee, if such service is not covered by a

retirement system established by a law of Guam; except that (i)

the provisions of this subparagraph shall not be applicable to

services performed by an elected official or a member of the

legislature or in a hospital or penal institution by a patient

or inmate thereof, and (ii) for purposes of this subparagraph,

clauses (i) and (ii) of subparagraph (C) shall apply, or

(F) service in the employ of a State (other than the District

of Columbia, Guam, or American Samoa), of any political

subdivision thereof, or of any instrumentality of any one or

more of the foregoing which is wholly owned thereby, by an

individual who is not a member of a retirement system of such

State, political subdivision, or instrumentality, except that

the provisions of this subparagraph shall not be applicable to

service performed -

(i) by an individual who is employed to relieve such

individual from unemployment;

(ii) in a hospital, home, or other institution by a patient

or inmate thereof;

(iii) by any individual as an employee serving on a

temporary basis in case of fire, storm, snow, earthquake,

flood, or other similar emergency;

(iv) by an election official or election worker if the

remuneration paid in a calendar year for such service is less

than $1,000 with respect to service performed during any

calendar year commencing on or after January 1, 1995, ending

on or before December 31, 1999, and the adjusted amount

determined under section 418(c)(8)(B) of this title for any

calendar year commencing on or after January 1, 2000, with

respect to service performed during such calendar year; or

(v) by an employee in a position compensated solely on a

fee basis which is treated pursuant to section 411(c)(2)(E)

of this title as a trade or business for purposes of

inclusion of such fees in net earnings from self employment;

for purposes of this subparagraph, except as provided in

regulations prescribed by the Secretary of the Treasury, the

term "retirement system" has the meaning given such term by

section 418(b)(4) of this title;

(8)(A) Service performed by a duly ordained, commissioned, or

licensed minister of a church in the exercise of his ministry or

by a member of a religious order in the exercise of duties

required by such order, except that this subparagraph shall not

apply to service performed by a member of such an order in the

exercise of such duties, if an election of coverage under section

3121(r) of the Internal Revenue Code of 1986 is in effect with

respect to such order, or with respect to the autonomous

subdivision thereof to which such member belongs;

(B) Service performed in the employ of a church or qualified

church-controlled organization if such church or organization has

in effect an election under section 3121(w) of the Internal

Revenue Code of 1986, other than service in an unrelated trade or

business (within the meaning of section 513(a) of such Code);

(9) Service performed by an individual as an employee or

employee representative as defined in section 3231 of the

Internal Revenue Code of 1986;

(10) Service performed in the employ of -

(A) a school, college, or university, or

(B) an organization described in section 509(a)(3) of the

Internal Revenue Code of 1986 if the organization is organized,

and at all times thereafter is operated, exclusively for the

benefit of, to perform the functions of, or to carry out the

purposes of a school, college, or university and is operated,

supervised, or controlled by or in connection with such school,

college, or university, unless it is a school, college, or

university of a State or a political subdivision thereof and

the services in its employ performed by a student referred to

in section 418(c)(5) of this title are covered under the

agreement between the Commissioner of Social Security and such

State entered into pursuant to section 418 of this title;

if such service is performed by a student who is enrolled and

regularly attending classes at such school, college, or

university;

(11) Service performed in the employ of a foreign government

(including service as a consular or other officer or employee or

a nondiplomatic representative);

(12) Service performed in the employ of an instrumentality

wholly owned by a foreign government -

(A) If the service is of a character similar to that

performed in foreign countries by employees of the United

States Government or of an instrumentality thereof; and

(B) If the Secretary of State shall certify to the Secretary

of the Treasury that the foreign government, with respect to

whose instrumentality and employees thereof exemption is

claimed, grants an equivalent exemption with respect to similar

service performed in the foreign country by employees of the

United States Government and of instrumentalities thereof;

(13) Service performed as a student nurse in the employ of a

hospital or a nurses' training school by an individual who is

enrolled and is regularly attending classes in a nurses' training

school chartered or approved pursuant to State law;

(14)(A) Service performed by an individual under the age of

eighteen in the delivery or distribution of newspapers or

shopping news, not including delivery or distribution to any

point for subsequent delivery or distribution;

(B) Service performed by an individual in, and at the time of,

the sale of newspapers or magazines to ultimate consumers, under

an arrangement under which the newspapers or magazines are to be

sold by him at a fixed price, his compensation being based on the

retention of the excess of such price over the amount at which

the newspapers or magazines are charged to him, whether or not he

is guaranteed a minimum amount of compensation for such service,

or is entitled to be credited with the unsold newspapers or

magazines turned back;

(15) Service performed in the employ of an international

organization entitled to enjoy privileges, exemptions, and

immunities as an international organization under the

International Organizations Immunities Act (59 Stat. 669) [22

U.S.C. 288 et seq.], except service which constitutes

"employment" under subsection (r) of this section;

(16) Service performed by an individual under an arrangement

with the owner or tenant of land pursuant to which -

(A) such individual undertakes to produce agricultural or

horticultural commodities (including livestock, bees, poultry,

and fur-bearing animals and wildlife) on such land,

(B) the agricultural or horticultural commodities produced by

such individual, or the proceeds therefrom, are to be divided

between such individual and such owner or tenant, and

(C) the amount of such individual's share depends on the

amount of the agricultural or horticultural commodities

produced;

(17) Service in the employ of any organization which is

performed (A) in any year during any part of which such

organization is registered, or there is in effect a final order

of the Subversive Activities Control Board requiring such

organization to register, under the Internal Security Act of

1950, as amended [50 U.S.C. 781 et seq.], as a Communist-action

organization, a Communist-front organization, or a

Communist-infiltrated organization, and (B) after June 30, 1956;

(18) Service performed in Guam by a resident of the Republic of

the Philippines while in Guam on a temporary basis as a

nonimmigrant alien admitted to Guam pursuant to section

1101(a)(15)(H)(ii) of title 8;

(19) Service which is performed by a nonresident alien

individual for the period he is temporarily present in the United

States as a nonimmigrant under subparagraph (F), (J), (M), or (Q)

of section 1101(a)(15) of title 8, and which is performed to

carry out the purpose specified in subparagraph (F), (J), (M), or

(Q) as the case may be;

(20) Service (other than service described in paragraph (3)(A))

performed by an individual on a boat engaged in catching fish or

other forms of aquatic animal life under an arrangement with the

owner or operator of such boat pursuant to which -

(A) such individual does not receive any additional

compensation other than as provided in subparagraph (B) and

other than cash remuneration -

(i) which does not exceed $100 per trip;

(ii) which is contingent on a minimum catch; and

(iii) which is paid solely for additional duties (such as

mate, engineer, or cook) for which additional cash

remuneration is traditional in the industry,

(B) such individual receives a share of the boat's (or the

boats' in the case of a fishing operation involving more than

one boat) catch of fish or other forms of aquatic animal life

or a share of the proceeds from the sale of such catch, and

(C) the amount of such individual's share depends on the

amount of the boat's (or boats' in the case of a fishing

operation involving more than one boat) catch of fish or other

forms of aquatic animal life,

but only if the operating crew of such boat (or each boat from

which the individual receives a share in the case of a fishing

operation involving more than one boat) is normally made up of

fewer than 10 individuals; or

(21) Domestic service in a private home of the employer which -

(A) is performed in any year by an individual under the age

of 18 during any portion of such year; and

(B) is not the principal occupation of such employee.

For purposes of paragraph (20), the operating crew of a boat shall

be treated as normally made up of fewer than 10 individuals if the

average size of the operating crew on trips made during the

preceding 4 calendar quarters consisted of fewer than 10

individuals.

(b) Included and excluded service

If the services performed during one-half or more of any pay

period by an employee for the person employing him constitute

employment, all the services of such employee for such period shall

be deemed to be employment; but if the services performed during

more than one-half of any such pay period by an employee for the

person employing him do not constitute employment, then none of the

services of such employee for such period shall be deemed to be

employment. As used in this subsection, the term "pay period" means

a period (of not more than thirty-one consecutive days) for which a

payment of remuneration is ordinarily made to the employee by the

person employing him. This subsection shall not be applicable with

respect to services performed in a pay period by an employee for

the person employing him, where any of such service is excepted by

paragraph (9) of subsection (a) of this section.

(c) American vessel

The term "American vessel" means any vessel documented or

numbered under the laws of the United States; and includes any

vessel which is neither documented or numbered under the laws of

the United States nor documented under the laws of any foreign

country, if its crew is employed solely by one or more citizens or

residents of the United States or corporations organized under the

laws of the United States or of any State.

(d) American aircraft

The term "American aircraft" means an aircraft registered under

the laws of the United States.

(e) American employer

The term "American employer" means an employer which is (1) the

United States or any instrumentality thereof, (2) a State or any

political subdivision thereof, or any instrumentality of any one or

more of the foregoing, (3) an individual who is a resident of the

United States, (4) a partnership, if two-thirds or more of the

partners are residents of the United States, (5) a trust, if all of

the trustees are residents of the United States, or (6) a

corporation organized under the laws of the United States or of any

State.

(f) Agricultural labor

The term "agricultural labor" includes all service performed -

(1) On a farm, in the employ of any person, in connection with

cultivating the soil, or in connection with raising or harvesting

any agricultural or horticultural commodity, including the

raising, shearing, feeding, caring for, training, and management

of livestock, bees, poultry, and fur-bearing animals and

wildlife.

(2) In the employ of the owner or tenant or other operator of a

farm, in connection with the operation, management, conservation,

improvement, or maintenance of such farm and its tools and

equipment, or in salvaging timber or clearing land of brush and

other debris left by a hurricane, if the major part of such

service is performed on a farm.

(3) In connection with the production or harvesting of any

commodity defined as an agricultural commodity in section

1141j(g) of title 12, or in connection with the ginning of

cotton, or in connection with the operation or maintenance of

ditches, canals, reservoirs, or waterways, not owned or operated

for profit, used exclusively for supplying and storing water for

farming purposes.

(4)(A) In the employ of the operator of a farm in handling,

planting, drying, packing, packaging, processing, freezing,

grading, storing, or delivering to storage or to market or to a

carrier for transportation to market, in its unmanufactured

state, any agricultural or horticultural commodity; but only if

such operator produced more than one-half of the commodity with

respect to which such service is performed.

(B) In the employ of a group of operators of farms (other than

a cooperative organization) in the performance of service

described in subparagraph (A) of this paragraph, but only if such

operators produced all of the commodity with respect to which

such service is performed. For the purposes of this subparagraph,

any unincorporated group of operators shall be deemed a

cooperative organization if the number of operators comprising

such group is more than twenty at any time during the calendar

year in which such service is performed.

(5) On a farm operated for profit if such service is not in the

course of the employer's trade or business or is domestic service

in a private home of the employer.

The provisions of subparagraphs (A) and (B) of paragraph (4) of

this subsection shall not be deemed to be applicable with respect

to service performed in connection with commercial canning or

commercial freezing or in connection with any agricultural or

horticultural commodity after its delivery to a terminal market for

distribution for consumption.

(g) Farm

The term "farm" includes stock, dairy, poultry, fruit,

fur-bearing animal, and truck farms, plantations, ranches,

nurseries, ranges, greenhouses or other similar structures used

primarily for the raising of agricultural or horticultural

commodities, and orchards.

(h) State

The term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American

Samoa.

(i) United States

The term "United States" when used in a geographical sense means

the States, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, and American Samoa.

(j) Employee

The term "employee" means -

(1) any officer of a corporation; or

(2) any individual who, under the usual common law rules

applicable in determining the employer-employee relationship, has

the status of an employee; or

(3) any individual (other than an individual who is an employee

under paragraph (1) or (2) of this subsection) who performs

services for remuneration for any person -

(A) as an agent-driver or commission-driver engaged in

distributing meat products, vegetable products, fruit products,

bakery products, beverages (other than milk), or laundry or

dry-cleaning services, for his principal;

(B) as a full-time life insurance salesman;

(C) as a home worker performing work, according to

specifications furnished by the person for whom the services

are performed, on materials or goods furnished by such person

which are required to be returned to such person or a person

designated by him; or

(D) as a traveling or city salesman, other than as an

agent-driver or commission-driver, engaged upon a full-time

basis in the solicitation on behalf of, and the transmission

to, his principal (except for side-line sales activities on

behalf of some other person) of orders from wholesalers,

retailers, contractors, or operators of hotels, restaurants, or

other similar establishments for merchandise for resale or

supplies for use in their business operations;

if the contract of service contemplates that substantially all of

such services are to be performed personally by such individual;

except that an individual shall not be included in the term

"employee" under the provisions of this paragraph if such

individual has a substantial investment in facilities used in

connection with the performance of such services (other than in

facilities for transportation), or if the services are in the

nature of a single transaction not part of a continuing

relationship with the person for whom the services are performed.

(k) Covered transportation service

(1) Except as provided in paragraph (2) of this subsection, all

service performed in the employ of a State or political subdivision

in connection with its operation of a public transportation system

shall constitute covered transportation service if any part of the

transportation system was acquired from private ownership after

1936 and prior to 1951.

(2) Service performed in the employ of a State or political

subdivision in connection with the operation of its public

transportation system shall not constitute covered transportation

service if -

(A) any part of the transportation system was acquired from

private ownership after 1936 and prior to 1951, and substantially

all service in connection with the operation of the

transportation system is, on December 31, 1950, covered under a

general retirement system providing benefits which, by reason of

a provision of the State constitution dealing specifically with

retirement systems of the State or political subdivisions

thereof, cannot be diminished or impaired; or

(B) no part of the transportation system operated by the State

or political subdivision on December 31, 1950, was acquired from

private ownership after 1936 and prior to 1951;

except that if such State or political subdivision makes an

acquisition after 1950 from private ownership of any part of its

transportation system, then, in the case of any employee who -

(C) became an employee of such State or political subdivision

in connection with and at the time of its acquisition after 1950

of such part, and

(D) prior to such acquisition rendered service in employment in

connection with the operation of such part of the transportation

system acquired by the State or political subdivision,

the service of such employee in connection with the operation of

the transportation system shall constitute covered transportation

service, commencing with the first day of the third calendar

quarter following the calendar quarter in which the acquisition of

such part took place, unless on such first day such service of such

employee is covered by a general retirement system which does not,

with respect to such employee, contain special provisions

applicable only to employees described in subparagraph (C) of this

paragraph.

(3) All service performed in the employ of a State or political

subdivision thereof in connection with its operation of a public

transportation system shall constitute covered transportation

service if the transportation system was not operated by the State

or political subdivision prior to 1951 and, at the time of its

first acquisition (after 1950) from private ownership of any part

of its transportation system, the State or political subdivision

did not have a general retirement system covering substantially all

service performed in connection with the operation of the

transportation system.

(4) For the purposes of this subsection -

(A) The term "general retirement system" means any pension,

annuity, retirement, or similar fund or system established by a

State or by a political subdivision thereof for employees of the

State, political subdivision, or both; but such term shall not

include such a fund or system which covers only service performed

in positions connected with the operation of its public

transportation system.

(B) A transportation system or a part thereof shall be

considered to have been acquired by a State or political

subdivision from private ownership if prior to the acquisition

service performed by employees in connection with the operation

of the system or part thereof acquired constituted employment

under this subchapter, and some of such employees became

employees of the State or political subdivision in connection

with and at the time of such acquisition.

(C) The term "political subdivision" includes an

instrumentality of (i) a State, (ii) one or more political

subdivisions of a State, or (iii) a State and one or more of its

political subdivisions.

(l) Service in uniformed services

(1) Except as provided in paragraph (4), the term "employment"

shall, notwithstanding the provisions of subsection (a) of this

section, include -

(A) service performed after December 1956 by an individual as a

member of a uniformed service on active duty, but such term shall

not include any such service which is performed while on leave

without pay, and

(B) service performed after December 1987 by an individual as a

member of a uniformed service on inactive duty training.

(2) The term "active duty" means "active duty" as described in

paragraph (21) of section 101 of title 38, except that it shall

also include "active duty for training" as described in paragraph

(22) of such section.

(3) The term "inactive duty training" means "inactive duty

training" as described in paragraph (23) of such section 101.

(4)(A) Paragraph (1) of this subsection shall not apply in the

case of any service, performed by an individual as a member of a

uniformed service, which is creditable under section 231b(i) of

title 45. The Railroad Retirement Board shall notify the

Commissioner of Social Security,(!2) with respect to all such

service which is so creditable.

(B) In any case where benefits under this subchapter are already

payable on the basis of such individual's wages and self-employment

income at the time such notification (with respect to such

individual) is received by the Commissioner of Social Security, the

Commissioner of Social Security shall certify no further benefits

for payment under this subchapter on the basis of such individual's

wages and self-employment income, or shall recompute the amount of

any further benefits payable on the basis of such wages and

self-employment income, as may be required as a consequence of

subparagraph (A) of this paragraph. No payment of a benefit to any

person on the basis of such individual's wages and self-employment

income, certified by the Commissioner of Social Security prior to

the end of the month in which the Commissioner receives such

notification from the Railroad Retirement Board, shall be deemed by

reason of this subparagraph to have been an erroneous payment or a

payment to which such person was not entitled. The Commissioner of

Social Security shall, as soon as possible after the receipt of

such notification from the Railroad Retirement Board, advise such

Board whether or not any such benefit will be reduced or terminated

by reason of subparagraph (A) of this paragraph, and if any such

benefit will be so reduced or terminated, specify the first month

with respect to which such reduction or termination will be

effective.

(m) Member of a uniformed service

The term "member of a uniformed service" means any person

appointed, enlisted, or inducted in a component of the Army, Navy,

Air Force, Marine Corps, or Coast Guard (including a reserve

component as defined in section 101(27) of title 38), or in one of

those services without specification of component, or as a

commissioned officer of the Coast and Geodetic Survey, the National

Oceanic and Atmospheric Administration Corps, or the Regular or

Reserve Corps of the Public Health Service, and any person serving

in the Army or Air Force under call or conscription. The term

includes -

(1) a retired member of any of those services;

(2) a member of the Fleet Reserve or Fleet Marine Corps

Reserve;

(3) a cadet at the United States Military Academy, a midshipman

at the United States Naval Academy, and a cadet at the United

States Coast Guard Academy or United States Air Force Academy;

(4) a member of the Reserve Officers' Training Corps, the Naval

Reserve Officers' Training Corps, or the Air Force Reserve

Officers' Training Corps, when ordered to annual training duty

for fourteen days or more, and while performing authorized travel

to and from that duty; and

(5) any person while en route to or from, or at, a place for

final acceptance or for entry upon active duty in the military,

naval, or air service -

(A) who has been provisionally accepted for such duty; or

(B) who, under the Military Selective Service Act [50 App.

U.S.C. 451 et seq.], has been selected for active military,

naval, or air service;

and has been ordered or directed to proceed to such place.

The term does not include a temporary member of the Coast Guard

Reserve.

(n) Crew leader

The term "crew leader" means an individual who furnishes

individuals to perform agricultural labor for another person, if

such individual pays (either on his own behalf or on behalf of such

person) the individuals so furnished by him for the agricultural

labor performed by them and if such individual has not entered into

a written agreement with such person whereby such individual has

been designated as an employee of such person; and such individuals

furnished by the crew leader to perform agricultural labor for

another person shall be deemed to be the employees of such crew

leader. A crew leader shall, with respect to services performed in

furnishing individuals to perform agricultural labor for another

person and service performed as a member of the crew, be deemed not

to be an employee of such other person.

(o) Peace Corps volunteer service

The term "employment" shall, notwithstanding the provisions of

subsection (a) of this section, include service performed by an

individual as a volunteer or volunteer leader within the meaning of

the Peace Corps Act [22 U.S.C. 2501 et seq.].

(p) Medicare qualified government employment

(1) For purposes of sections 426 and 426-1 of this title, the

term "medicare qualified government employment" means any service

which would constitute "employment" as defined in subsection (a) of

this section but for the application of the provisions of -

(A) subsection (a)(5) of this section, or

(B) subsection (a)(7) of this section, except as provided in

paragraphs (2) and (3).

(2) Service shall not be treated as employment by reason of

paragraph (1)(B) if the service is performed -

(A) by an individual who is employed by a State or political

subdivision thereof to relieve him from unemployment,

(B) in a hospital, home, or other institution by a patient or

inmate thereof as an employee of a State or political subdivision

thereof or of the District of Columbia,

(C) by an individual, as an employee of a State or political

subdivision thereof or of the District of Columbia, serving on a

temporary basis in case of fire, storm, snow, earthquake, flood

or other similar emergency,

(D) by any individual as an employee included under section

5351(2) of title 5 (relating to certain interns, student nurses,

and other student employees of hospitals of the District of

Columbia Government), other than as a medical or dental intern or

a medical or dental resident in training, or

(E) by an election official or election worker if the

remuneration paid in a calendar year for such service is less

than $1,000 with respect to service performed during any calendar

year commencing on or after January 1, 1995, ending on or before

December 31, 1999, and the adjusted amount determined under

section 418(c)(8)(B) of this title for any calendar year

commencing on or after January 1, 2000, with respect to service

performed during such calendar year.

As used in this paragraph, the terms "State" and "political

subdivision" have the meanings given those terms in section 418(b)

of this title.

(3) Service performed for an employer shall not be treated as

employment by reason of paragraph (1)(B) if -

(A) such service would be excluded from the term "employment"

for purposes of this section if paragraph (1)(B) did not apply;

(B) such service is performed by an individual -

(i) who was performing substantial and regular service for

remuneration for that employer before April 1, 1986,

(ii) who is a bona fide employee of that employer on March

31, 1986, and

(iii) whose employment relationship with that employer was

not entered into for purposes of meeting the requirements of

this subparagraph; and

(C) the employment relationship with that employer has not been

terminated after March 31, 1986.

(4) For purposes of paragraph (3), under regulations (consistent

with regulations established under section 3121(u)(2)(D) of the

Internal Revenue Code of 1986) -

(A) all agencies and instrumentalities of a State (as defined

in section 418(b) of this title) or of the District of Columbia

shall be treated as a single employer, and

(B) all agencies and instrumentalities of a political

subdivision of a State (as so defined) shall be treated as a

single employer and shall not be treated as described in

subparagraph (A).

(q) Treatment of real estate agents and direct sellers

Notwithstanding any other provision of this subchapter, the rules

of section 3508 of the Internal Revenue Code of 1986 shall apply

for purposes of this subchapter.

(r) Service in employ of international organizations by certain

transferred Federal employees

(1) For purposes of this subchapter, service performed in the

employ of an international organization by an individual pursuant

to a transfer of such individual to such international organization

pursuant to section 3582 of title 5 shall constitute "employment"

if -

(A) immediately before such transfer, such individual performed

service with a Federal agency which constituted "employment" as

defined in subsection (a) of this section, and

(B) such individual would be entitled, upon separation from

such international organization and proper application, to

reemployment with such Federal agency under such section 3582.

(2) For purposes of this subsection:

(A) The term "Federal agency" means an agency, as defined in

section 3581(1) of title 5.

(B) The term "international organization" has the meaning

provided such term by section 3581(3) of title 5.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 210, as added Aug. 10,

1946, ch. 951, title II, Sec. 201, 60 Stat. 979; amended, Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 494; Oct. 31,

1949, ch. 792, title V, Sec. 506(a), formerly Sec. 505(a), as added

July 12, 1951, ch. 223, 65 Stat. 120, and renumbered Pub. L.

87-345, Sec. 3, Oct. 3, 1961, 75 Stat. 761; Sept. 1, 1954, ch.

1206, title I, Sec. 101(a)(4), (5), (b), (c)(1), (2), (e), (f),

(m), 68 Stat. 1052, 1061; Aug. 1, 1956, ch. 836, title I, Secs.

104(a), (b), (c)(1), 105(b), 121(c), 70 Stat. 824, 828, 839; Aug.

1, 1956, ch. 837, title IV, Sec. 402(a), 70 Stat. 870; Pub. L.

85-840, title III, Sec. 311(a), 312(a), Aug. 28, 1958, 72 Stat.

1035; Pub. L. 86-70, Sec. 32(c)(2), June 25, 1959, 73 Stat. 149;

Pub. L. 86-168, title I, Sec. 104(h), title II, Sec. 202(a), Aug.

18, 1959, 73 Stat. 387, 389; Pub. L. 86-624, Sec. 30(c)(2), July

12, 1960, 74 Stat. 420; Pub. L. 86-778, title I, Secs. 103(c)-(f),

(j)(2)(A), (B), 104(a), Sept. 13, 1960, 74 Stat. 936, 937, 942;

Pub. L. 87-256, Sec. 110(e)(2), Sept. 21, 1961, 75 Stat. 537; Pub.

L. 87-293, title II, Sec. 202(b)(1), Sept. 22, 1961, 75 Stat. 626;

Pub. L. 89-97, title III, Secs. 311(a)(3), (4), 317(a), July 30,

1965, 79 Stat. 380, 381, 388; Pub. L. 90-248, title I, Sec. 123(a),

title IV, Sec. 403(a), Jan. 2, 1968, 81 Stat. 844, 931; Pub. L.

92-603, title I, Secs. 123(a)(1), 128(a), 129(a)(1), Oct. 30, 1972,

86 Stat. 1354, 1358, 1359; Pub. L. 93-445, title III, Sec. 311,

Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-455, title XII, Sec.

1207(e)(2)(A), Oct. 4, 1976, 90 Stat. 1707; Pub. L. 94-563, Sec.

1(a), Oct. 19, 1976, 90 Stat. 2655; Pub. L. 95-216, title III, Sec.

351(a)(1), (3)(B), Dec. 20, 1977, 91 Stat. 1549; Pub. L. 95-600,

title VII, Sec. 703(j)(14)(C), Nov. 6, 1978, 92 Stat. 2942; Pub. L.

97-248, title II, Secs. 269(b), 278(b)(1), Sept. 3, 1982, 96 Stat.

552, 560; Pub. L. 97-448, title III, Sec. 309(b)(23), Jan. 12,

1983, 96 Stat. 2410; Pub. L. 98-21, title I, Secs. 101(a), 102(a),

title III, Secs. 321(b), 322(a)(1), 323(a)(2), Apr. 20, 1983, 97

Stat. 67, 70, 118, 120, 121; Pub. L. 98-369, div. B, title VI,

Secs. 2601(a), 2603(a)(1), 2661(j), 2663(a)(7), (j)(3)(A)(i), July

18, 1984, 98 Stat. 1122, 1128, 1157, 1162, 1170; Pub. L. 99-221,

Sec. 3(b), Dec. 26, 1985, 99 Stat. 1735; Pub. L. 99-272, title

XIII, Secs. 13205(b)(1), 13303(c)(2), Apr. 7, 1986, 100 Stat. 316,

327; Pub. L. 99-335, title III, Sec. 304(a), June 6, 1986, 100

Stat. 606; Pub. L. 99-514, title XVIII, Secs. 1883(a)(4),

1895(b)(18)(B), (19), Oct. 22, 1986, 100 Stat. 2916, 2935; Pub. L.

100-203, title IX, Secs. 9001(a)(1), 9004(a), 9005(a), 9023(a),

Dec. 22, 1987, 101 Stat. 1330-286 to 1330-288, 1330-295; Pub. L.

100-647, title I, Sec. 1001(d)(2)(E), title VIII, Secs. 8015(b)(1),

(c)(1), 8016(a)(4)(B), (C), Nov. 10, 1988, 102 Stat. 3351,

3791-3793; Pub. L. 101-239, title X, Sec. 10201(b)(1), Dec. 19,

1989, 103 Stat. 2472; Pub. L. 101-508, title XI, Sec. 11332(a),

Nov. 5, 1990, 104 Stat. 1388-469; Pub. L. 101-650, title III, Sec.

321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-572, title IX, Sec.

902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-178, title

II, Sec. 204(d), Dec. 3, 1993, 107 Stat. 2033; Pub. L. 103-296,

title I, Sec. 107(a)(4), title III, Secs. 303(a)(1), (b)(1),

319(b)(1), (3), 320(b), 321(a)(13), (c)(6)(C), (D), Aug. 15, 1994,

108 Stat. 1478, 1518, 1519, 1534-1536, 1538; Pub. L. 103-387, Sec.

2(a)(2)(B), Oct. 22, 1994, 108 Stat. 4072; Pub. L. 104-188, title

I, Sec. 1116(a)(2), Aug. 20, 1996, 110 Stat. 1762; Pub. L. 105-61,

title VI, Sec. 642(d)(1), Oct. 10, 1997, 111 Stat. 1319; Pub. L.

105-33, title XI, Sec. 11246(b)(2)(B), as added Pub. L. 105-277,

div. A, Sec. 101(h) [title VIII, Sec. 802(a)(2)], Oct. 21, 1998,

112 Stat. 2681-480, 2681-532.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in text, is

classified to Title 26, Internal Revenue Code.

The Civil Service Retirement and Disability Fund, referred to in

subsec. (a)(5)(B)(ii), (G), is provided for in section 8348 of

Title 5, Government Organization and Employees.

Section 301 of the Federal Employees' Retirement System Act of

1986, referred to in subsec. (a)(5)(H)(i), is section 301 of Pub.

L. 99-335, which is set out as a note under section 8331 of Title

5.

The Federal Employees' Retirement System Open Enrollment Act of

1997, referred to in subsec. (a)(5)(H)(i), is section 642 of Pub.

L. 105-61, title VI, Oct. 10, 1997, 111 Stat. 1318, which amended

this section and section 3121 of Title 26, Internal Revenue Code,

and enacted provisions set out as a note under section 8331 of

Title 5, Government Organization and Employees. For complete

classification of this Act to the Code, see Tables.

The Foreign Service Act of 1980, referred to in subsec.

(a)(5)(H)(ii), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as

amended. Subchapter II of chapter 8 of title I of the Act is

classified generally to part II (Sec. 4071 et seq.) of subchapter

VIII of chapter 52 of Title 22, Foreign Relations and Intercourse.

For complete classification of this Act to the Code, see Short

Title note set out under section 3901 of Title 22 and Tables.

The International Organizations Immunities Act, referred to in

subsec. (a)(15), is act Dec. 29, 1945, ch. 652, title I, 59 Stat.

669, as amended, which is classified principally to subchapter

XVIII (Sec. 288 et seq.) of chapter 7 of Title 22. For complete

classification of that Act to the Code, see Short Title note set

out under section 288 of Title 22 and Tables.

The Internal Security Act of 1950, as amended, referred to in

subsec. (a)(17), is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, as

amended, which is classified principally to chapter 23 (Sec. 781 et

seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 781 of Title 50 and Tables.

The Military Selective Service Act, referred to in subsec.

(m)(5)(B), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,

which is classified principally to section 451 et seq. of Title 50,

Appendix. For complete classification of this Act to the Code, see

References in Text note set out under section 451 of Title 50,

Appendix, and Tables.

The Peace Corps Act, referred to in subsec. (o), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of that Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(7)(D). Pub. L. 105-277 added Pub. L. 105-33,

Sec. 11246(b)(2)(B). See 1997 Amendment note below.

1997 - Subsec. (a)(5)(H)(i). Pub. L. 105-61 substituted "1986,"

for "1986 or" and inserted "or the Federal Employees' Retirement

System Open Enrollment Act of 1997" after "section 2157 of title

50,".

Subsec. (a)(7)(D). Pub. L. 105-33, Sec. 11246(b)(2)(B), as added

by Pub. L. 105-277, inserted "(other than the Federal Employees

Retirement System provided in chapter 84 of title 5)" after "United

States" in introductory provisions.

1996 - Subsec. (a). Pub. L. 104-188, Sec. 1116(a)(2)(A), inserted

at end "For purposes of paragraph (20), the operating crew of a

boat shall be treated as normally made up of fewer than 10

individuals if the average size of the operating crew on trips made

during the preceding 4 calendar quarters consisted of fewer than 10

individuals."

Subsec. (a)(20)(A). Pub. L. 104-188, Sec. 1116(a)(2)(B), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "such individual does not receive any cash remuneration

(other than as provided in subparagraph (B)),".

1994 - Subsec. (a). Pub. L. 103-296, Sec. 321(c)(6)(C),

substituted "1986" for "1954" after "Code of" in introductory

provisions.

Subsec. (a)(5)(B)(i)(V). Pub. L. 103-296, Sec. 321(a)(13), made

technical amendment to reference to section 450i(e)(2) of title 25

to reflect renumbering of corresponding section of original act.

Subsec. (a)(7)(F)(iv). Pub. L. 103-296, Sec. 303(a)(1),

substituted "$1,000 with respect to service performed during any

calendar year commencing on or after January 1, 1995, ending on or

before December 31, 1999, and the adjusted amount determined under

section 418(c)(8)(B) of this title for any calendar year commencing

on or after January 1, 2000, with respect to service performed

during such calendar year" for "$100".

Subsec. (a)(8)(A), (B), (9). Pub. L. 103-296, Sec. 321(c)(6)(C),

substituted "1986" for "1954" after "Code of".

Subsec. (a)(10)(B). Pub. L. 103-296, Sec. 321(c)(6)(C),

substituted "1986" for "1954" after "Code of".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (a)(15). Pub. L. 103-296, Sec. 319(b)(3), inserted before

semicolon at end ", except service which constitutes 'employment'

under subsection (r) of this section".

Subsec. (a)(19). Pub. L. 103-296, Sec. 320(b), substituted "(J),

(M), or (Q)" for "(J), or (M)" in two places.

Subsec. (a)(21). Pub. L. 103-387 added par. (21).

Subsec. (l)(4). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "the Commissioner receives" for "he receives" in

subpar. (B).

Subsec. (p)(2)(E). Pub. L. 103-296, Sec. 303(b)(1), substituted

"$1,000 with respect to service performed during any calendar year

commencing on or after January 1, 1995, ending on or before

December 31, 1999, and the adjusted amount determined under section

418(c)(8)(B) of this title for any calendar year commencing on or

after January 1, 2000, with respect to service performed during

such calendar year" for "$100".

Subsecs. (p)(4), (q). Pub. L. 103-296, Sec. 321(c)(6)(D),

substituted "1986" for "1954" after "Code of".

Subsec. (r). Pub. L. 103-296, Sec. 319(b)(1), added subsec. (r).

1993 - Subsec. (a)(5)(H)(i). Pub. L. 103-178 substituted "section

2157 of title 50" for "section 307 of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees".

1992 - Subsec. (a)(5)(E). Pub. L. 102-572 substituted "United

States Court of Federal Claims" for "United States Claims Court".

1990 - Subsec. (a)(7)(F). Pub. L. 101-508 added subpar. (F).

1989 - Subsec. (a). Pub. L. 101-239 substituted "3121(l)(6)" for

"3121(l)(8)" in introductory provisions.

1988 - Subsec. (a)(5). Pub. L. 100-647, Sec. 8015(c)(1), in

provision following subpar. (B) inserted "any such service

performed on or after any date on which such individual performs"

after "with respect to".

Subsec. (a)(5)(H). Pub. L. 100-647, Sec. 8015(b)(1), amended

subpar. (H) generally. Prior to amendment, subpar. (H) read as

follows: "service performed by an individual on or after the

effective date of an election by such individual under section

301(a) of the Federal Employees' Retirement System Act of 1986, or

under regulations issued under section 860 of the Foreign Service

Act of 1980 or section 307 of the Central Intelligence Agency

Retirement Act of 1964 for Certain Employees, to become subject to

chapter 84 of title 5;".

Subsec. (a)(19). Pub. L. 100-647, Sec. 1001(d)(2)(E), substituted

"(F), (J), or (M)" for "(F) or (J)" in two places.

Subsec. (a)(20). Pub. L. 100-647, Sec. 8016(a)(4)(B), (C),

amended Pub. L. 99-272, Sec. 13303(c)(2), see 1986 Amendment note

below.

1987 - Subsec. (a)(3)(A). Pub. L. 100-203, Sec. 9005(a)(1),

substituted "18" for "twenty-one".

Pub. L. 100-203, Sec. 9004(a)(1), struck out reference to service

performed by an individual in the employ of his spouse.

Subsec. (a)(3)(B). Pub. L. 100-203, Sec. 9005(a)(2), inserted

reference to an individual under the age of 21 in the employ of his

father or mother.

Pub. L. 100-203, Sec. 9004(a)(2), substituted introductory

provisions for former introductory provisions which read as

follows: "Service not in the course of the employer's trade or

business, or domestic service in a private home of the employer,

performed by an individual in the employ of his son or daughter;

except that the provisions of this subparagraph shall not be

applicable to such domestic service if - ".

Subsec. (l)(1). Pub. L. 100-203, Sec. 9001(a)(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

"Except as provided in paragraph (4) of this subsection, the term

'employment' shall, notwithstanding the provisions of subsection

(a) of this section, include service performed after December 1956

by an individual as a member of a uniformed service on active duty;

but such term shall not include any such service which is performed

while on leave without pay."

Subsec. (p). Pub. L. 100-203, Sec. 9023(p), directed that the

heading of subsec. (p) be amended to read the same as it was set

out in the general amendment of subsec. (p) by Pub. L. 99-272, see

1986 Amendment note below.

1986 - Subsec. (a)(5)(G). Pub. L. 99-514, Sec. 1883(a)(4),

substituted "any other service" for "Any other service".

Subsec. (a)(5)(H). Pub. L. 99-335 added subpar. (H).

Subsec. (a)(20). Pub. L. 99-272, Sec. 13303(c)(2), as amended by

Pub. L. 100-647, Sec. 8016(a)(4)(B), (C), substituted "Service

(other than service described in paragraph (3)(A)) performed" for

"Service performed" in introductory provisions.

Subsec. (p). Pub. L. 99-272, Sec. 13205(b)(1), amended subsec.

(p) generally. Prior to amendment, subsec. (p) read as follows:

"For purposes of sections 426 and 426-1 of this title, the term

'medicare qualified Federal employment' means any service which

would constitute 'employment' as defined in subsection (a) of this

section but for the application of the provisions of subsection

(a)(5) of this section."

Subsec. (p)(2)(E). Pub. L. 99-514, Sec. 1895(b)(18)(B), added

subpar. (E).

Subsec. (p)(4)(B). Pub. L. 99-514, Sec. 1895(b)(19), struck out

quotation marks before "(A)".

1985 - Subsec. (a)(5)(B)(i)(V). Pub. L. 99-221 added subcl. (V).

1984 - Subsec. (a). Pub. L. 98-369, Sec. 2661(j), struck out the

second comma after "such affiliate".

Subsec. (a)(1). Pub. L. 98-369, Sec. 2663(a)(7)(A), struck out

"(A) under contracts entered into in accordance with title V of the

Agricultural Act of 1949, as amended, or (B)".

Subsec. (a)(5)(B). Pub. L. 98-369, Sec. 2601(a)(1), in amending

subpar. (B) generally, substituted "(i) has been continuously

performing service described in subparagraph (A) since December 31,

1983, and for purposes of this clause - (I) if an individual

performing service described in subparagraph (A) returns to the

performance of such service after being separated therefrom for a

period of less than 366 consecutive days, regardless of whether the

period began before, on, or after December 31, 1983, then such

service shall be considered continuous," for "(i) has been

continuously in the employ of the United States or an

instrumentality thereof since December 31, 1983 (and for this

purpose an individual who returns to the performance of such

service after being separated therefrom following a previous period

of such service shall nevertheless be considered upon such return

as having been continuously in the employ of the United States or

an instrumentality thereof, regardless of whether the period of

such separation began before, on, or after December 31, 1983, if

the period of such separation does not exceed 365 consecutive

days),", added subcls. (II) to (IV), and reenacted cl. (ii).

Subsec. (a)(5)(C) to (F). Pub. L. 98-369, Sec. 2601(a)(2)(A),

(B), in provisions following "except that this paragraph shall not

apply with respect to - " redesignated cls. (i), (ii), (iii), and

(iv) as subpars. (C), (D), (E), and (F), respectively, and

redesignated former subcls. (I), (II), and (III) as cls. (i), (ii),

and (iii), respectively, of the redesignated subpar. (D).

Subsec. (a)(5)(G). Pub. L. 98-369, Sec. 2601(a)(2)(A), (C), in

provisions following "except that this paragraph shall not apply

with respect to - " redesignated former cl. (v) as subpar. (G), and

in subpar. (G) as so redesignated, designated the existing

provisions of subpar. (G) as the introductory language and the

first phrase of cl. (i) and added the remainder of cl. (i)

following "chapter 38 of title 5", cls. (ii) and (iii), and the

provisions following cl. (iii).

Subsec. (a)(7)(D). Pub. L. 98-369, Sec. 2663(a)(7)(B), realigned

margins of subpar. (D).

Subsec. (a)(8). Pub. L. 98-369, Sec. 2603(a)(1), designated

existing provisions as subpar. (A), substituted "this subparagraph"

for "this paragraph", and added subpar. (B).

Subsec. (a)(9). Pub. L. 98-369, Sec. 2663(a)(7)(C), substituted

"section 3231 of the Internal Revenue Code of 1954" for "section

1532 of the Internal Revenue Code of 1939".

Subsec. (a)(10)(B). Pub. L. 98-369, Sec. 2663(j)(3)(A)(i), struck

out "of Health, Education, and Welfare" after "Secretary".

Subsec. (a)(19). Pub. L. 98-369, Sec. 2663(a)(7)(D), struck out

the comma after "; or".

Subsec. (l)(2). Pub. L. 98-369, Sec. 2663(a)(7)(E), substituted

"paragraph (21) of section 101 of title 38" for "section 102 of the

Servicemen's and Veterans' Survivor Benefits Act" and "paragraph

(22) of such section" for "such section".

Subsec. (l)(3). Pub. L. 98-369, Sec. 2663(a)(7)(F), substituted

"paragraph (23) of such section 101" for "such section 102".

Subsec. (l)(4)(A). Pub. L. 98-369, Sec. 2663(j)(3)(A)(i), struck

out "of Health, Education, and Welfare" after "Secretary".

Subsec. (m). Pub. L. 98-369, Sec. 2663(a)(7)(G)(i), (ii), in

provisions preceding par. (1), substituted "a reserve component as

defined in section 101(27) of title 38" for "a reserve component of

a uniformed service as defined in section 102(3) of the

Servicemen's and Veterans' Survivor Benefits Act" and inserted

reference to the National Oceanic and Atmospheric Administration

Corps.

Subsec. (m)(5). Pub. L. 98-369, Sec. 2663(a)(7)(G)(iii),

substituted "military, naval, or air" for "military or naval"

wherever appearing.

Subsec. (m)(5)(B). Pub. L. 98-369, Sec. 2663(a)(7)(G)(iv),

substituted "Military Selective Service Act" for "Universal

Military Training and Service Act".

1983 - Subsec. (a). Pub. L. 98-21, Sec. 322(a)(1), added cl. (C)

and struck out "either" before "A" in provisions preceding par.

(1).

Pub. L. 98-21, Sec. 321(b), amended cl. (B) in provisions

preceding par. (1) generally, substituting reference to section

3121(l)(8) of the Internal Revenue Code of 1954 for reference to

section 3121(l) of such Code "an American employer" for "a domestic

corporation (as determined in accordance with section 7701 of the

Internal Revenue Code of 1954)", and "affiliate" for "subsidiary"

after "with respect to such".

Pub. L. 98-21, Sec. 323(a)(2), substituted "a citizen or resident

of the United States" for "a citizen of the United States" in cl.

(B) in provisions preceding par. (1).

Subsec. (a)(5). Pub. L. 98-21, Sec. 101(a)(1), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "Service

performed in the employ of any instrumentality of the United

States, if such instrumentality is exempt from the tax imposed by

section 1410 of the Internal Revenue Code of 1939, by virtue of any

provision of law which specifically refers to such section in

granting such exemption;".

Subsec. (a)(6). Pub. L. 98-21, Sec. 101(a)(1), amended par. (6)

generally. Prior to amendment, par. (6) read as follows:

"(A) Service performed in the employ of the United States or in

the employ of any instrumentality of the United States, if such

service is covered by a retirement system established by a law of

the United States;

"(B) Service performed by an individual in the employ of an

instrumentality of the United States if such an instrumentality was

exempt from the tax imposed by section 1410 of the Internal Revenue

Code of 1939, on December 31, 1950, and if such service is covered

by a retirement system established by such instrumentality; except

that the provisions of this subparagraph shall not be applicable to

-

"(i) service performed in the employ of a corporation which is

wholly owned by the United States;

"(ii) service performed in the employ of a Federal land bank, a

Federal intermediate credit bank, a bank for cooperatives, a

Federal land bank association, a production credit association, a

Federal Reserve Bank, a Federal Home Loan Bank, or a Federal

Credit Union;

"(iii) service performed in the employ of a State, county, or

community committee under the Production and Marketing

Administration;

"(iv) service performed by a civilian employee, not compensated

from funds appropriated by the Congress, in the Army and Air

Force Exchange Service, Army and Air Force Motion Picture

Service, Navy Exchanges, Marine Corps Exchanges, or other

activities, conducted by an instrumentality of the United States

subject to the jurisdiction of the Secretary of Defense, at

installations of the Department of Defense for the comfort,

pleasure, contentment, and mental and physical improvement of

personnel of such Department; or

"(v) service performed by a civilian employee, not compensated

from funds appropriated by the Congress, in the Coast Guard

Exchanges or other activities, conducted by an instrumentality of

the United States subject to the jurisdiction of the Secretary of

Transportation, at installations of the Coast Guard for the

comfort, pleasure, contentment, and mental and physical

improvement of personnel of the Coast Guard;

"(C) Service performed in the employ of the United States or in

the employ of any instrumentality of the United States, if such

service is performed -

"(i) as the President or Vice President of the United States or

as a Member, Delegate, or Resident Commissioner of or to the

Congress;

"(ii) in the legislative branch;

"(iii) in a penal institution of the United States by an inmate

thereof;

"(iv) by any individual as an employee included under section

5351(2) of title 5, other than as a medical or dental intern or a

medical or dental resident in training;

"(v) by any individual as an employee serving on a temporary

basis in case of fire, storm, earthquake, flood, or other similar

emergency; or

"(vi) by any individual to whom subchapter III of chapter 83 of

title 5 does not apply because such individual is subject to

another retirement system (other than the retirement system of

the Tennessee Valley Authority);".

Subsec. (a)(8). Pub. L. 98-21, Sec. 102(a), struck out subpar.

(A) designation, struck out subpar. (B) which had related to

service performed by employees of nonprofit organizations, and

substituted "this paragraph" for "this subparagraph".

Subsec. (p). Pub. L. 98-21, Sec. 101(a)(2), struck out

designations for pars. (1) and (2) and struck out par. (1) which

related to application of the provisions of subparagraph (A), (B),

or (C)(i), (ii), or (vi) of subsection (a)(6) of this section.

Subsec. (q). Pub. L. 97-448 redesignated subsec. (p), relating to

treatment of real estate agents and direct sellers, as (q).

1982 - Subsec. (p). Pub. L. 97-248, Sec. 269(b), added subsec.

(p) relating to treatment of real estate agents and direct sellers.

Pub. L. 97-248, Sec. 278(b)(1), added subsec. (p) relating to

medicare qualified Federal employment.

1978 - Subsec. (a)(6)(B)(v). Pub. L. 95-600 substituted

"Secretary of Transportation" for "Secretary of the Treasury".

1977 - Subsec. (a)(10). Pub. L. 95-216, Sec. 351(a)(3)(B), struck

out subpar. (A) which related to service performed in the employ of

any exempt organization under section 101 of the Internal Revenue

Code of 1939, and designated existing provisions of subpar. (B) as

entire subsec. (a)(10) and, as so designated, redesignated cls. (i)

and (ii) as subpars. (A) and (B).

Subsecs. (a)(17)(A), (f)(4)(B). Pub. L. 95-216, Sec. 351(a)(1),

substituted "year" for "quarter".

1976 - Subsec. (a)(8)(B). Pub. L. 94-563 inserted "(or deemed to

have been so filed under paragraph (4) or (5) of such section

3121(k))" after "section 3121(k) of the Internal Revenue Code of

1954" in provisions preceding cl. (i), inserted "(or deemed to have

been filed)" after "filed" in cls. (i), (ii), and (iii), and

substituted "is (or is deemed to be) in effect" for "is in effect"

in provisions following cl. (iii).

Subsec. (a)(20). Pub. L. 94-455 added par. (20).

1974 - Subsec. (l)(4)(A). Pub. L. 93-445 substituted "section

231b(i) of title 45" for "section 228c-1 of title 45" and struck

out ", as provided in section 228c-1(p)(2) of title 45" after

"notify the Secretary of Health, Education, and Welfare".

1972 - Subsec. (a)(7)(E). Pub. L. 92-603, Sec. 128(a), added

subpar. (E).

Subsec. (a)(8)(A). Pub. L. 92-603, Sec. 123(a)(1), inserted

provisions referring to the election of coverage under section

3121(r) of the Internal Revenue Code of 1954.

Subsec. (a)(10)(B). Pub. L. 92-603, Sec. 129(a)(1), designated

existing provisions as cl. (i) and added cl. (ii).

1968 - Subsec. (a)(3)(B). Pub. L. 90-248, Sec. 123(a), inserted

exception provision including cls. (i) to (iii).

Subsec. (a)(6)(C)(iv). Pub. L. 90-248, Sec. 403(a)(1),

substituted reference to section 5351(2) of title 5 for former

section 1052 of title 5.

Subsec. (a)(6)(C)(vi). Pub. L. 90-248, Sec. 403(a)(2),

substituted "subchapter III of chapter 83 of title 5" for "the

Civil Service Retirement Act".

Subsec. (a)(7)(D)(ii). Pub. L. 90-248, Sec. 403(a)(3),

substituted reference to section 5351(2) of title 5 for former

section 1052 of title 5.

1965 - Subsec. (a)(6)(C)(iv). Pub. L. 89-97, Sec. 311(a)(3),

inserted ", other than as a medical or dental intern or a medical

or dental resident in training".

Subsec. (a)(7)(D). Pub. L. 89-97, Sec. 317(a)(3), added subpar.

(D).

Subsec. (a)(13). Pub. L. 89-97, Sec. 311(a)(4), struck out from

definition of employment the exclusion of service performed as an

intern in the employ of a hospital by an individual who has

completed a four years' course in a medical school chartered or

approved pursuant to State law.

1961 - Subsec. (a)(19). Pub. L. 87-256 added par. (19).

Subsec. (o). Pub. L. 87-293 added subsec. (o).

1960 - Subsec. (a)(3). Pub. L. 86-778, Sec. 104(a), designated

existing provisions as cl. (A), struck out provisions which related

to service performed by an individual in the employ of his son or

daughter, and added cl. (B).

Subsec. (a)(7). Pub. L. 86-778, Sec. 103(c), excluded service in

the employ of the Government of Guam or the Government of American

Samoa or any political subdivision thereof, or of any

instrumentality of any one or more of the foregoing which is wholly

owned thereby, performed by an officer or employee thereof.

Subsec. (a)(18). Pub. L. 86-778, Sec. 103(d), added par. (18).

Subsec. (h). Pub. L. 86-778, Sec. 103(e), included Guam and

American Samoa.

Pub. L. 86-624 substituted "includes the District of Columbia

and" for "includes Hawaii, the District of Columbia, and".

Subsec. (i). Pub. L. 86-778, Sec. 103(f), included Guam and

American Samoa.

Pub. L. 86-624 struck out "Hawaii," before "the District of

Columbia."

Subsecs. (j) to (o). Pub. L. 86-778, Sec. 103(j)(2)(A), (B),

repealed subsec. (j) and redesignated subsecs. (l) to (o) as (k) to

(n), respectively.

1959 - Subsec. (a)(6)(B)(ii). Pub. L. 86-168 substituted "Federal

land bank association" for "national farm loan association", and

included service in the employ of Federal land banks, Federal

intermediate credit banks and banks for cooperatives.

Subsecs. (h), (i). Pub. L. 86-70 struck out "Alaska," before

"Hawaii".

1958 - Subsec. (a)(1). Pub. L. 85-840, Sec. 311(a), struck out

provisions which excluded from coverage service performed in

connection with the production or harvesting of any commodity

defined as an agricultural commodity in section 1141j(g) of title

12.

Subsec. (a)(8)(B). Pub. L. 85-840, Sec. 312(a), substituted

references to the Internal Revenue Code of 1954 for references to

the Internal Revenue Code of 1939, and inserted provisions making

subparagraph inapplicable to service performed during the period

for which a certificate is in effect if such service is performed

by an employee who, after the calendar quarter in which the

certificate was filed with respect to a group described in section

3121(k)(1)(E) of the Internal Revenue Code of 1954 became a member

of such group, and making subparagraph applicable with respect to

service performed by an employee as a member of a group described

in section 3121(k)(1)(E) with respect to which no certificate is in

effect.

1956 - Subsec. (a)(1)(B). Act Aug. 1, 1956, ch. 836, Sec. 104(a),

excluded from coverage service performed by foreign agricultural

workers lawfully admitted on a temporary basis from any foreign

country or possession thereof.

Subsec. (a)(6)(B)(ii). Act Aug. 1, 1956, ch. 836, Sec. 104(b)(1),

included service performed in the employ of a Federal Home Loan

Bank.

Subsec. (a)(6)(C)(vi). Act Aug. 1, 1956, ch. 836, Sec. 104(b)(2),

substituted "Civil Service Retirement Act" for "Civil Service

Retirement Act of 1930", and inserted "(other than the retirement

system of the Tennessee Valley Authority)" after "retirement

system".

Subsec. (a)(16), (17). Act Aug. 1, 1956, ch. 836, Secs.

104(c)(1), 121(c), added pars. (16) and (17).

Subsecs. (m), (n). Act Aug. 1, 1956, ch. 837, added subsecs. (m)

and (n).

Subsec. (o). Act Aug. 1, 1956, ch. 836, Sec. 105(b), added

subsec. (o).

1954 - Subsec. (a)(B). Act Sept. 1, 1954, Sec. 101(m), included

within definition of "employment" service performed outside the

United States by citizens of the United States as employees for

foreign subsidiaries of domestic corporations under certain

conditions.

Subsec. (a)(1). Act Sept. 1, 1954, Sec. 101(a)(4), removed

specific exception from employment of services performed in

connection with the ginning of cotton, and added an exception for

services performed by West Indian agricultural workers lawfully

admitted to the United States on a temporary basis.

Subsec. (a)(3). Act Sept. 1, 1954, Sec. 101(a)(5), redesignated

par. (4) as (3) and struck out former par. (3).

Subsec. (a)(4). Act Sept. 1, 1954, Sec. 101(a)(5), (b),

redesignated par. (5) as (4), and made the exclusion with respect

to services on non-American vessels or aircraft applicable only if

the individual is not a United States citizen or the employer is

not an American employer. Former par. (4) redesignated (3).

Subsec. (a)(5). Act Sept. 1, 1954, Sec. 101(a)(5), redesignated

par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (a)(6)(B). Act Sept. 1, 1954, Sec. 101(a)(5), (c)(1)(A),

redesignated par. (7) as (6), and inserted "by an individual" after

"Service performed" and "and if such service is covered by a

retirement system established by such instrumentality;" after

"December 31, 1950."

Subsec. (a)(6)(B)(v). Act Sept. 1, 1954, Sec. 101(a)(5),

(c)(1)(A), redesignated par. (7) as (6), and added cl. (v).

Subsec. (a)(6)(C). Act Sept. 1, 1954, Sec. 101(a)(5), (c)(2),

redesignated par. (7) as (6), and struck out exception from

coverage for services in the following categories; temporary

employees in the Post Office Department field service; temporary

census-taking employees of the Bureau of the Census; Federal

employees paid on a contract or fee basis; Federal employees

receiving compensation of $12 a year or less; certain consular

agents; individuals employed under Federal unemployment relief

programs; and members of State, county, or community committees

under the Production and Marketing Administration and similar

bodies, unless such bodies are composed exclusively of full-time

Federal employee and limited the exclusion of inmates or patients

of United States institutions to inmates of penal institutions.

Subsec. (a)(7) to (17). Act Sept. 1, 1954, Sec. 101(a)(5), (e),

struck out par. (15) and redesignated pars. (7) to (14), (16), and

(17) as (6) to (15), respectively.

Subsec. (k)(3)(C). Act Sept. 1, 1954, Sec. 101(f), struck out

requirement that services of homeworkers be subject to State

licensing laws in order to constitute covered employment.

1951 - Subsec. (a)(1)(C). Act Oct. 31, 1949, Sec. 505(a), as

added by act July 12, 1951, added subpar. (C).

1950 - Act Aug. 28, 1950, substituted a new section 410 for

former section 410.

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" substituted for "United States

magistrate" in subsec. (a)(5)(E) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

Coast and Geodetic Survey consolidated with National Weather

Bureau in 1965 to form Environmental Science Services

Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30

F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5,

Government Organization and Employees. Commissioned Officer Corps

of the Environmental Science Services Administration changed to

Commissioned Officer Corps of National Oceanic and Atmospheric

Administration, see Reorg. Plan No. 4 of 1970, Sec. 4(d), eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

Title 5.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective, except as otherwise

specifically provided, as if included in the enactment of title XI

of the Balanced Budget Act of 1997, Pub. L. 105-33, see section

101(h) [title VIII, Sec. 805] of Pub. L. 105-277, set out as a note

under section 3121 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 applicable with respect to all months

beginning after the date on which the Director of the Office of

Personnel Management issues regulations to carry out section

11-1726, District of Columbia Code, see section 11246(b)(4) of Pub.

L. 105-33, set out as a note under section 3121 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-188 applicable to remuneration paid

after Dec. 31, 1994, and, unless payor treated such remuneration

(when paid) as being subject to tax under chapter 21 of Title 26,

Internal Revenue Code, after Dec. 31, 1984, and before Jan. 1,

1995, see section 1116(a)(3) of Pub. L. 104-188, set out as a note

under section 3121 of Title 26.

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by Pub. L. 103-387 applicable to services performed

after Dec. 31, 1994, see section 2(a)(3)(B) of Pub. L. 103-387, set

out as a note under section 3102 of Title 26, Internal Revenue

Code.

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 303(e) of Pub. L. 103-296 provided that: "The amendments

made by subsections (a), (b), and (c) [amending this section,

section 418 of this title, and section 3121 of Title 26, Internal

Revenue Code] shall apply with respect to service performed on or

after January 1, 1995."

Amendment by section 319(b)(1), (3) of Pub. L. 103-296 applicable

with respect to service performed after calendar quarter following

calendar quarter in which Aug. 15, 1994, occurs, see section 319(c)

of Pub. L. 103-296, set out as a note under section 1402 of Title

26, Internal Revenue Code.

Amendment by section 320(b) of Pub. L. 103-296 effective with

calendar quarter following Aug. 15, 1994, see section 320(c) of

Pub. L. 103-296, set out as a note under section 871 of Title 26.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to service

performed after July 1, 1991, see section 11332(d) of Pub. L.

101-508, set out as a note under section 3121 of Title 26, Internal

Revenue Code.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable with respect to any

agreement in effect under section 3121(l) of Title 26, Internal

Revenue Code, on or after June 15, 1989, with respect to which no

notice of termination is in effect on such date, see section

10201(c) of Pub. L. 101-239, set out as a note under section 406 of

Title 26.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1001(d)(2)(E) of Pub. L. 100-647 effective,

except as otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment

relates, see section 1019(a) of Pub. L. 100-647, set out as a note

under section 1 of Title 26, Internal Revenue Code.

Amendment by section 8015(b)(1) of Pub. L. 100-647 applicable as

if such amendment had been included or reflected in section 304 of

Federal Employees' Retirement System Act of 1986, Pub. L. 99-335,

at the time of its enactment (June 6, 1986), see section 8015(b)(3)

of Pub. L. 100-647, set out as a note under section 3121 of Title

26.

Amendment by section 8015(c)(1) of Pub. L. 100-647 applicable to

any individual only upon the performance by such individual of

service described in subpar. (C), (D), (E), (F), (G), or (H) of

subsec. (a)(5) of this section on or after Nov. 10, 1988, see

section 8015(c)(3) of Pub. L. 100-647, set out as a note under

section 3121 of Title 26.

Amendment by section 8016(a)(4)(B), (C) of Pub. L. 100-647

effective Nov. 10, 1988, except that any amendment to a provision

of a particular Public Law which is referred to by its number, or

to a provision of the Social Security Act [42 U.S.C. 301 et seq.],

or to Title 26, as added or amended by a provision of a particular

Public Law which is so referred to, effective as though included or

reflected in the relevant provisions of that Public Law at the time

of its enactment, see section 8016(b) of Pub. L. 100-647, set out

as a note under section 3111 of Title 26.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9001(a)(1) of Pub. L. 100-203 applicable

with respect to remuneration paid after Dec. 31, 1987, see section

9001(d) of Pub. L. 100-203, set out as a note under section 3121 of

Title 26, Internal Revenue Code.

Amendment by section 9004(a) of Pub. L. 100-203 applicable with

respect to remuneration paid after Dec. 31, 1987, see section

9004(c) of Pub. L. 100-203, set out as a note under section 3121 of

Title 26.

Amendment by section 9005(a) of Pub. L. 100-203 applicable with

respect to remuneration paid after Dec. 31, 1987, see section

9005(c) of Pub. L. 100-203, set out as a note under section 3121 of

Title 26.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 1883(a)(4) of Pub. L. 99-514 effective Oct.

22, 1986, see section 1883(f) of Pub. L. 99-514, set out as a note

under section 402 of this title.

Amendment by section 1895(b)(18)(B) of Pub. L. 99-514 applicable

to services performed after Mar. 31, 1986, see section

1895(b)(18)(C) of Pub. L. 99-514, set out as a note under section

3121 of Title 26, Internal Revenue Code.

Amendment by section 1895(b)(19) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in enactment of the

Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L.

99-272, see section 1895(e) of Pub. L. 99-514, set out as a note

under section 162 of Title 26.

Section 13205(d)(2) of Pub. L. 99-272 provided that:

"(A) In general. - The amendments made by subsection (b)

[amending this section and sections 426, 426-1, and 1395c of this

title] shall be effective after March 31, 1986, and the amendments

made by paragraph (3) of that subsection [subsection does not

contain a paragraph (3)] shall apply to services performed (for

medicare qualified government employment) after that date.

"(B) Treatment of certain disabilities. - For purposes of

establishing entitlement to hospital insurance benefits under part

A of title XVIII of the Social Security Act [section 1395c et seq.

of this title] pursuant to the amendments made by subsection (b),

no individual may be considered to be under a disability for any

period beginning before April 1, 1986."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 3(c) of Pub. L. 99-221 provided that: "The amendments

made by subsection (b) [amending this section and section 3121 of

Title 26, Internal Revenue Code] apply to any return to the

performance of service in the employ of the United States, or of an

instrumentality thereof, after 1983."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2601(f) of Pub. L. 98-369 provided that: "Except as

provided in subsection (d) [set out as a Qualification and

Requalification of Federal Employees for Benefits note below], the

amendments made by subsections (a) and (b) [amending this section

and section 3121 of Title 26, Internal Revenue Code] (and

provisions of subsection (e) [set out as a Services Performed for

Nonprofit Organizations by Federal Employees note below]) shall be

effective with respect to service performed after December 31,

1983."

Section 2603(e) of Pub. L. 98-369 provided that: "The amendments

made by this section [amending this section and section 411 of this

title and sections 1402 and 3121 of Title 26 and enacting

provisions set out as a note under section 3121 of Title 26] shall

apply to service performed after December 31, 1983."

Amendment by section 2661(j) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(7), (j)(3)(A)(i) of Pub. L. 98-369

effective July 18, 1984, but not to be construed as changing or

affecting any right, liability, status, or interpretation which

existed (under the provisions of law involved) before that date,

see section 2664(b) of Pub. L. 98-369, set out as a note under

section 401 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 101(a) of Pub. L. 98-21 effective with

respect to service performed after Dec. 31, 1983, see section

101(d) of Pub. L. 98-21, as amended, set out as a note under

section 3121 of Title 26, Internal Revenue Code.

Amendment by section 102(a) of Pub. L. 98-21 effective with

respect to service performed after Dec. 31, 1983, see section

102(c) of Pub. L. 98-21, set out as a note under section 3121 of

Title 26.

Amendment by section 321(b) of Pub. L. 98-21 applicable to

agreements entered into after Apr. 20, 1983, except that at the

election of any American employer such amendment shall also apply

to any agreement entered into on or before Apr. 20, 1983, see

section 321(f) of Pub. L. 98-21, set out as a note under section

406 of Title 26.

Amendment by section 322(a)(1) of Pub. L. 98-21 effective in

taxable years beginning on or after Apr. 20, 1983, see section

322(c) of Pub. L. 98-21, set out as a note under section 3121 of

Title 26.

Amendment by section 323(a)(2) of Pub. L. 98-21 applicable to

remuneration paid after Dec. 31, 1983, see section 323(c)(1) of

Pub. L. 98-21, set out as a note under 3121 of Title 26.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 269(b) of Pub. L. 97-248 applicable to

services performed after Dec. 31, 1982, see section 269(e)(1) of

Pub. L. 97-248, set out as an Effective Date note under section

3508 of Title 26, Internal Revenue Code.

Amendment by section 278(b)(1) of Pub. L. 97-248 effective on and

after Jan. 1, 1983, see section 278(c)(2)(A) of Pub. L. 97-248, set

out as a note under section 426 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section

703(r) of Pub. L. 95-600, set out as a note under section 46 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 applicable with respect to

remuneration paid and services rendered after Dec. 31, 1977, see

section 351(d) of Pub. L. 95-216, set out as a note under section

409 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-563 applicable with respect to services

performed after 1950, to the extent covered by waiver certificates

filed or deemed to have been filed under section 3121(k)(4) or (5)

of Title 26, see section 1(d) of Pub. L. 94-563, set out as a note

under section 3121 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 128(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 3121 of

Title 26, Internal Revenue Code] shall apply with respect to

service performed on and after the first day of the first calendar

quarter which begins on or after the date of the enactment of this

Act [Oct. 30, 1972]."

Section 129(b) of Pub. L. 92-603 provided that: "The amendments

made by subsection (a) [amending this section and section 3121 of

Title 26] shall apply to services performed after December 31,

1972."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 123(c) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section and section 3121 of

Title 26, Internal Revenue Code] shall apply with respect to

services performed after December 31, 1967."

EFFECTIVE DATE OF 1965 AMENDMENT

Section 311(c) of Pub. L. 89-97 provided that: "The amendments

made by paragraphs (1) and (2) of subsection (a) [amending section

411 of this title], and by paragraphs (1), (2), and (3) of

subsection (b) [amending section 1402 of Title 26, Internal Revenue

Code], shall apply only with respect to taxable years ending on or

after December 31, 1965. The amendments made by paragraphs (3) and

(4) of subsection (a) [amending this section], and by paragraphs

(4) and (5) of subsection (b) [amending section 3121 of Title 26],

shall apply only with respect to services performed after 1965."

Section 317(g) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and sections 3121,

3125, 6205, and 6413 of Title 26, Internal Revenue Code] shall

apply with respect to service performed after the calendar quarter

in which this section is enacted and after the calendar quarter in

which the Secretary of the Treasury receives a certification from

the Commissioners of the District of Columbia expressing their

desire to have the insurance system established by title II (and

part A of title XVIII) of the Social Security Act [this subchapter

and part A of subchapter XVIII of this chapter] extended to the

officers and employees coming under the provisions of such

amendments."

EFFECTIVE DATE OF 1961 AMENDMENTS

Amendment by Pub. L. 87-293 applicable with respect to service

performed after Sept. 22, 1961, but in the case of persons serving

under the Peace Corps agency established by executive order

applicable with respect to service performed on or after the

effective date of enrollment, see section 202(c) of Pub. L. 87-293,

set out as a note under section 3121 of Title 26, Internal Revenue

Code.

Amendment by Pub. L. 87-256 applicable with respect to service

performed after Dec. 31, 1961, see section 110(h)(3) of Pub. L.

87-256, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1960 AMENDMENTS

Amendment by section 103(c) of Pub. L. 86-778 applicable only

with respect to (1) service in the employ of the Government of Guam

or any political subdivision thereof, or any instrumentality of any

one or more of the foregoing wholly owned thereby, which is

performed after 1960 and after the calendar quarter in which the

Secretary of the Treasury receives a certification by the Governor

of Guam that legislation has been enacted by the Government of Guam

expressing its desire to have the insurance system established by

Title II of the Social Security Act, this subchapter, extended to

the officers and employees of such Government and such political

subdivisions and instrumentalities, and (2) service in the employ

of the Government of American Samoa or any political subdivision

thereof or any instrumentality of any one or more of the foregoing

wholly owned thereby, which is performed after 1960 and after the

calendar quarter in which the Secretary of the Treasury receives a

certification by the Governor of American Samoa that the Government

of American Samoa desires to have the insurance system established

by this subchapter extended to the officers and employees of such

Government and such political subdivisions and instrumentalities,

see section 103(v)(1), (2) of Pub. L. 86-778, set out as a note

under section 402 of this title.

Amendment by section 103(d) of Pub. L. 86-778 applicable only

with respect to service performed after 1960, see section 103(v)(1)

of Pub. L. 86-778, set out as a note under section 402 of this

title.

Amendment by section 103(e), (f) of Pub. L. 86-778 applicable

only with respect to service performed after 1960, except that

insofar as the carrying on of a trade or business (other than

performance of service as an employee) is concerned, the amendment

shall be applicable only in the case of taxable years beginning

after 1960, see section 103(v)(1), (3) of Pub. L. 86-778, set out

as a note under section 402 of this title.

Amendment by section 103(j)(2)(A), (B) of Pub. L. 86-778

effective Sept. 13, 1960, see section 103(v)(1), (3) of Pub. L.

86-778, set out as a note under section 402 of this title.

Section 104(c) of Pub. L. 86-778 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

3121 of Title 26, Internal Revenue Code] shall apply only with

respect to services performed after 1960."

Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section

47(f) of Pub. L. 86-624, set out as a note under section 201 of

this title.

EFFECTIVE DATE OF 1959 AMENDMENTS

Amendment by Pub. L. 86-168 effective Jan. 1, 1960, see section

203(c) of Pub. L. 86-168.

Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section

47(d) of Pub. L. 86-70.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 311(b) of Pub. L. 85-840 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to service performed after 1958."

Section 312(b) of Pub. L. 85-840, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

amendment made by subsection (a) [amending this section] shall

apply with respect to certificates filed under section 3121(k)(1)

of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]

[section 3121(k)(1) of Title 26, Internal Revenue Code] after the

date of enactment of this Act [Aug. 28, 1958]."

EFFECTIVE DATE OF 1956 AMENDMENTS

Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957,

see section 603(a) of act Aug. 1, 1956.

Section 104(i) of act Aug. 1, 1956, ch. 836, as amended by Pub.

L. 92-603, title I, Sec. 125(b), Oct. 30, 1972, 86 Stat. 1357,

provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall apply with respect to service performed after 1956. The

amendments made by paragraph (1) of subsection (c) [amending this

section] shall apply with respect to service performed after 1954.

The amendment made by paragraph (2) of subsection (c) [amending

section 411 of this title] shall apply with respect to taxable

years ending after 1955. The amendment made by paragraph (3) of

subsection (c) [amending section 411 of this title] shall apply

with respect to taxable years ending after 1954. The amendment made

by subsection (d) [amending section 411 of this title] shall apply

with respect to taxable years ending after 1955. The amendment made

by subsection (h) [amending section 411 of this title] shall apply

with respect to the same taxable years with respect to which the

amendment made by section 201(g) of this Act [amending section 1402

of Title 26, Internal Revenue Code] applies.

"(2)(A) Except as provided in subparagraphs (B) and (C), the

amendments made by subsection (b) [amending this section] shall

apply only with respect to service performed after June 30, 1957,

and only if -

"(i) [Repealed. Pub. L. 92-603, title I, Sec. 125(b), Oct. 30,

1972, 86 Stat. 1357.]

"(ii) in the case of the amendment made by paragraph (2) of

such subsection [amending this section], the conditions

prescribed in subparagraph (C) are met.

"(B) [Repealed. Pub. L. 92-603, title I, Sec. 125(b), Oct. 30,

1972, 86 Stat. 1357.]

"(C) The amendment made by paragraph (2) of subsection (b)

[amending this section] shall be effective only if -

"(i) the Board of Directors of the Tennessee Valley Authority

submits to the Secretary of Health, Education, and Welfare, and

the Secretary approves, before July 1, 1957, a plan, with respect

to employees of the Tennessee Valley Authority, for the

coordination, on an equitable basis, of the benefits provided by

the retirement system applicable to such employees with the

benefits provided by title II of the Social Security Act [this

subchapter]; and

"(ii) such plan specifies, as the effective date of the plan,

July 1, 1957, or the first day of a prior calendar quarter

beginning not earlier than January 1, 1956. If the plan specifies

as the effective date of the plan a day before July 1, 1957, the

amendment made by paragraph (2) of subsection (b) [amending this

section] shall apply with respect to service performed on or

after such effective date; except that, if such effective date is

prior to the day on which the Secretary approves the plan, such

amendment shall not apply with respect to service performed,

prior to the day on which the Secretary approves the plan, by an

individual who is not an employee of the Tennessee Valley

Authority on such day.

"(D) The Secretary of Health, Education, and Welfare shall, on or

before July 31, 1957, submit a report to the Congress setting forth

the details of any plan approved by him under subparagraph (B) or

(C)."

Amendment by section 105(b) of act Aug. 1, 1956, ch. 836,

applicable with respect to service performed after 1956, see

section 105(d) of such act Aug. 1, 1956, set out as a note under

section 409 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by section 101(a)(4), (5) of act Sept. 1, 1954,

applicable only with respect to services (whether performed after

1954 or prior to 1955) for which the remuneration is paid after

1954, and amendment by section 101(b), (c)(1), (2), (e), and (f) of

act Sept. 1, 1954, applicable only with respect to services

performed after 1954, see section 101(n) of act Sept. 1, 1954, set

out as a note under section 405 of this title.

EFFECTIVE DATE OF 1950 AMENDMENT

Section as added by section 104(a) of act Aug. 28, 1950,

effective Jan. 1, 1951, see section 104(b) of act Aug. 28, 1950,

set out as a note under section 409 of this title. Former section

410 was struck out effective Sept. 1, 1950, by section 105 of act

Aug. 28, 1950.

LINE ITEM VETO

Section 642(d)(1) of Pub. L. 105-61, amending this section, was

subject to line item veto by the President, Cancellation No. 97-56,

signed Oct. 16, 1997, 62 F.R. 54338, Oct. 17, 1997. For decision

holding line item veto unconstitutional, see Clinton v. City of New

York, 524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).

REPEALS: AMENDMENTS AND APPLICATION OF AMENDMENTS UNAFFECTED

Section 202(b)(1) of Pub. L. 87-293, cited as a credit to this

section, was repealed by Pub. L. 89-572, Sec. 5(a), Sept. 13, 1966,

80 Stat. 765. Such repeal not deemed to affect amendments to this

section contained in such provisions, and continuation in full

force and effect until modified by appropriate authority of all

determinations, authorization, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of the repealed provisions, see section 5(b) of

Pub. L. 89-572, set out as a note under section 2515 of Title 22,

Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC3-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of Title 26, Internal Revenue Code.

FEDERAL LEGISLATIVE BRANCH EMPLOYEES WHO CONTRIBUTE REDUCED AMOUNTS

BY REASON OF THE FEDERAL EMPLOYEES' RETIREMENT CONTRIBUTION

TEMPORARY ADJUSTMENT ACT OF 1983

Section 2601(c) of Pub. L. 98-369, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "For purposes

of section 210(a)(5)(G) of the Social Security Act [subsec.

(a)(5)(G) of this section] and section 3121(b)(5)(G) of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C.

3121(b)(5)(G)], an individual shall not be considered to be subject

to subchapter III of chapter 83 of title 5, United States Code, or

to another retirement system established by a law of the United

States for employees of the Federal Government (other than for

members of the uniformed services), if he is contributing a reduced

amount by reason of the Federal Employees' Retirement Contribution

Temporary Adjustment Act of 1983 [Pub. L. 98-168, title II, Nov.

29, 1983, 97 Stat. 1106, set out as a note under section 8331 of

Title 5, Government Organization and Employees]."

QUALIFICATION AND REQUALIFICATION OF FEDERAL EMPLOYEES FOR BENEFITS

Section 2601(d) of Pub. L. 98-369, as amended by Pub. L. 99-514,

Sec. 2, title XVIII, Sec. 1883(a)(5)(A), Oct. 22, 1986, 100 Stat.

2916, provided that:

"(1) Any individual who -

"(A) was subject to subchapter III of chapter 83 of title 5,

United States Code, or to another retirement system established

by a law of the United States for employees of the Federal

Government (other than for members of the uniformed services), on

December 31, 1983 (as determined for purposes of section

210(a)(5)(G) of the Social Security Act [subsec. (a)(5)(G) of

this section]), and

"(B)(i) received a lump-sum payment under section 8342(a) of

such title 5, or under the corresponding provision of the law

establishing the other retirement system described in

subparagraph (A), after December 31, 1983, and prior to June 15,

1984, or received such a payment on or after June 15, 1984,

pursuant to an application which was filed in accordance with

such section 8342(a) or the corresponding provision of the law

establishing such other retirement system prior to that date, or

"(ii) otherwise ceased to be subject to subchapter III of

chapter 83 of title 5, United States Code, for a period after

December 31, 1983, to which section 210(a)(5)(G)(iii) of the

Social Security Act applies,

shall, if such individual again becomes subject to subchapter III

of chapter 83 of title 5 (or effectively applies for coverage under

such subchapter) after the date on which he last ceased to be

subject to such subchapter but prior to, or within 30 days after,

the date of the enactment of this Act [July 18, 1984], requalify

for the exemption from social security coverage and taxes under

section 210(a)(5) of the Social Security Act and section 3121(b)(5)

of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26

U.S.C. 3121(b)(5)] as if the cessation of coverage under title 5

had not occurred.

"(2) An individual meeting the requirements of subparagraphs (A)

and (B) of paragraph (1) who is not in the employ of the United

States or an instrumentality thereof on the date of the enactment

of this Act [July 18, 1984] may requalify for such exemptions in

the same manner as under paragraph (1) if such individual again

becomes subject to subchapter III of chapter 83 of title 5 (or

effectively applies for coverage under such subchapter) within 30

days after the date on which he first returns to service in the

legislative branch after such date of enactment, if such date (on

which he returns to service) is within 365 days after he was last

in the employ of the United States or an instrumentality thereof.

"(3) If an individual meeting the requirements of subparagraphs

(A) and (B) of paragraph (1) does not again become subject to

subchapter III of chapter 83 of title 5 (or effectively apply for

coverage under such subchapter) prior to the date of the enactment

of this Act or within the relevant 30-day period as provided in

paragraph (1) or (2), social security coverage and taxes by reason

of section 210(a)(5)(G) of the Social Security Act and section

3121(b)(5)(G) of the Internal Revenue Code of 1986 shall, with

respect to such individual's service in the legislative branch of

the Federal Government, become effective with the first month

beginning after such 30-day period.

"(4) The provisions of paragraphs (1) and (2) shall apply only

for purposes of reestablishing an exemption from social security

coverage and taxes, and do not affect the amount of service to be

credited to an individual for purposes of title 5, United States

Code."

[Section 1883(a)(5) of Pub. L. 99-514 provided in part that

amendment of above note by section 1883(a)(5)(A) of Pub. L. 99-514

is effective July 18, 1984.]

SERVICES PERFORMED FOR NONPROFIT ORGANIZATIONS BY FEDERAL EMPLOYEES

Section 2601(e) of Pub. L. 98-369, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) For purposes of section 210(a)(5) of the Social Security Act

[subsec. (a)(5) of this section] (as in effect in January 1983 and

as in effect on and after January 1, 1984) and section 3121(b)(5)

of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26

U.S.C. 3121(b)(5)] (as so in effect), service performed in the

employ of a nonprofit organization described in section 501(c)(3)

of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] by an

employee who is required by law to be subject to subchapter III of

chapter 83 of title 5, United States Code, with respect to such

service, shall be considered to be service performed in the employ

of an instrumentality of the United States.

"(2) For purposes of section 203 of the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 [section

203 of Pub. L. 98-168, set out as a note under section 8331 of

Title 5, Government Organization and Employees], service described

in paragraph (1) which is also 'employment' for purposes of title

II of the Social Security Act [this subchapter], shall be

considered to be 'covered service'."

ACCRUED FEDERAL RETIREMENT ENTITLEMENTS; REDUCTION PROHIBITED

Section 101(e) of Pub. L. 98-21 provided that: "Nothing in this

Act [see Short Title of 1983 Amendment note set out under section

1305 of this title] shall reduce the accrued entitlements to future

benefits under the Federal Retirement System of current and retired

Federal employees and their families."

COVERAGE OF FEDERAL HOME LOAN BANK EMPLOYEES

Section 125(a) of Pub. L. 92-603, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

provisions of section 210(a)(6)(B)(ii) of the Social Security Act

[subsec. (a)(6)(B)(ii) of this section] and section

3121(b)(6)(B)(ii) of the Internal Revenue Code of 1986 [formerly

I.R.C. 1954] [section 3121(b)(6)(B)(ii) of Title 26, Internal

Revenue Code], insofar as they relate to service performed in the

employ of a Federal home loan bank, shall be effective -

"(1) with respect to all service performed in the employ of a

Federal home loan bank on and after the first day of the first

calendar quarter which begins on or after the date of the

enactment of this Act [Oct. 30, 1972]; and

"(2) in the case of individuals who are in the employ of a

Federal home loan bank on such first day, with respect to any

service performed in the employ of a Federal home loan bank after

the last day of the sixth calendar year preceding the year in

which this Act is enacted [1972]; but this paragraph shall be

effective only if an amount equal to the taxes imposed by

sections 3101 and 3111 of such Code [sections 3101 and 3111 of

Title 26, Internal Revenue Code] with respect to the services of

all such individuals performed in the employ of Federal home loan

banks after the last day of the sixth calendar year preceding the

year in which this Act is enacted [1972] are paid under the

provisions of section 3122 of such Code [section 3122 of Title

26] by July 1, 1973, or by such later date as may be provided in

an agreement entered into before such date with the Secretary of

the Treasury or his delegate for purposes of this paragraph."

COVERED EMPLOYMENT NOT COUNTED UNDER OTHER FEDERAL RETIREMENT

SYSTEMS

Section 115 of act Sept. 1, 1954, which prohibited counting

employment under other Federal retirement systems in determining

eligibility for benefits under this subchapter, was repealed by

Pub. L. 91-630, Sec. 1, Dec. 31, 1970, 84 Stat. 1875. Section 2 of

Pub. L. 91-630 provided that such repeal shall not apply in the

case of a person who, on Dec. 31, 1970, is receiving or is entitled

to receive benefits under any retirement system established by the

United States or any instrumentality thereof unless he requests, in

writing, the office which administers his retirement system to

apply it in this case, and that any additional benefits payable

pursuant to such request shall commence on January 1, 1971.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of this section, the date July 25, 1947,

shall be deemed to be the date of termination of any state of war

theretofore declared by Congress and of the national emergencies

proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 402, 403, 404, 405,

409, 411, 415, 416, 417, 418, 424a, 426, 426-1, 426a, 429, 1382a,

1395i, 1395i-2, 1395x of this title; title 5 section 8402; title 10

section 1451; title 20 section 125; title 26 section 3121; title 33

section 3072; title 45 section 231q.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 410a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 410a. Transferred

-COD-

CODIFICATION

Section, act Aug. 29, 1935, ch. 812, Sec. 17, as added June 24,

1937, ch. 382, Pt. I, Sec. 1, 50 Stat. 317; amended Oct. 30, 1951,

ch. 632, Sec. 24, 65 Stat. 690, was transferred to section 228q of

Title 45, Railroads, and subsequently superseded. See section 231q

of Title 45.

-End-

-CITE-

42 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 411. Definitions relating to self-employment

-STATUTE-

For the purposes of this subchapter -

(a) Net earnings from self-employment

The term "net earnings from self-employment" means the gross

income, as computed under subtitle A of the Internal Revenue Code

of 1986, derived by an individual from any trade or business

carried on by such individual, less the deductions allowed under

such subtitle which are attributable to such trade or business,

plus his distributive share (whether or not distributed) of the

ordinary net income or loss, as computed under section 702(a)(8) of

such Code, from any trade or business carried on by a partnership

of which he is a member; except that in computing such gross income

and deductions and such distributive share of partnership ordinary

net income or loss -

(1) There shall be excluded rentals from real estate and from

personal property leased with the real estate (including such

rentals paid in crop shares), together with the deductions

attributable thereto, unless such rentals are received in the

course of a trade or business as a real estate dealer; except

that the preceding provisions of this paragraph shall not apply

to any income derived by the owner or tenant of land if (A) such

income is derived under an arrangement, between the owner or

tenant and another individual, which provides that such other

individual shall produce agricultural or horticultural

commodities (including livestock, bees, poultry, and fur-bearing

animals and wildlife) on such land, and that there shall be

material participation by the owner or tenant (as determined

without regard to any activities of an agent of such owner or

tenant) in the production or the management of the production of

such agricultural or horticultural commodities, and (B) there is

material participation by the owner or tenant (as determined

without regard to any activities of an agent of such owner or

tenant) with respect to any such agricultural or horticultural

commodity;

(2) There shall be excluded dividends on any share of stock,

and interest on any bond, debenture, note, or certificate, or

other evidence of indebtedness, issued with interest coupons or

in registered form by any corporation (including one issued by a

government or political subdivision thereof), unless such

dividends and interest are received in the course of a trade or

business as a dealer in stocks or securities;

(3) There shall be excluded any gain or loss (A) which is

considered under subtitle A of the Internal Revenue Code of 1986

as gain or loss from the sale or exchange of a capital asset, (B)

from the cutting of timber, or the disposal of timber, coal, or

iron ore, if section 631 of the Internal Revenue Code of 1986

applies to such gain or loss, or (C) from the sale, exchange,

involuntary conversion, or other disposition of property if such

property is neither (i) stock in trade or other property of a

kind which would properly be includible in inventory if on hand

at the close of the taxable year, nor (ii) property held

primarily for sale to customers in the ordinary course of the

trade or business;

(4) The deduction for net operating losses provided in section

172 of the Internal Revenue Code of 1986 shall not be allowed;

(5)(A) If any of the income derived from a trade or business

(other than a trade or business carried on by a partnership) is

community income under community property laws applicable to such

income, all of the gross income and deductions attributable to

such trade or business shall be treated as the gross income and

deductions of the husband unless the wife exercises substantially

all of the management and control of such trade or business, in

which case all of such gross income and deductions shall be

treated as the gross income and deductions of the wife;

(B) If any portion of a partner's distributive share of the

ordinary net income or loss from a trade or business carried on

by a partnership is community income or loss under the community

property laws applicable to such share, all of such distributive

share shall be included in computing the net earnings from

self-employment of such partner, and no part of such share shall

be taken into account in computing the net earnings from

self-employment of the spouse of such partner;

(6) A resident of the Commonwealth of Puerto Rico shall compute

his net earnings from self-employment in the same manner as a

citizen of the United States but without regard to the provisions

of section 933 of the Internal Revenue Code of 1986;

(7) An individual who is a duly ordained, commissioned, or

licensed minister of a church or a member of a religious order

shall compute his net earnings from self-employment derived from

the performance of service described in subsection (c)(4) of this

section without regard to section 107 (relating to rental value

of parsonages), section 119 (relating to meals and lodging

furnished for the convenience of the employer), and section 911

(relating to earned income from sources without the United

States) of the Internal Revenue Code of 1986;

(8) The exclusion from gross income provided by section 931 of

the Internal Revenue Code of 1986 shall not apply;

(9) There shall be excluded amounts received by a partner

pursuant to a written plan of the partnership, which meets such

requirements as are prescribed by the Secretary of the Treasury

or his delegate, and which provides for payments on account of

retirement, on a periodic basis, to partners generally or to a

class or classes of partners, such payments to continue at least

until such partner's death, if -

(A) such partner rendered no services with respect to any

trade or business carried on by such partnership (or its

successors) during the taxable year of such partnership (or its

successors), ending within or with his taxable year, in which

such amounts were received, and

(B) no obligation exists (as of the close of the

partnership's taxable year referred to in subparagraph (A))

from the other partners to such partner except with respect to

retirement payments under such plan, and

(C) such partner's share, if any, of the capital of the

partnership has been paid to him in full before the close of

the partnership's taxable year referred to in subparagraph (A);

(10) The exclusion from gross income provided by section

911(a)(1) of the Internal Revenue Code of 1986 shall not apply;

(11) In lieu of the deduction provided by section 164(f) of the

Internal Revenue Code of 1986 (relating to deduction for one-half

of self-employment taxes), there shall be allowed a deduction

equal to the product of -

(A) the taxpayer's net earnings from self-employment for the

taxable year (determined without regard to this paragraph), and

(B) one-half of the sum of the rates imposed by subsections

(a) and (b) of section 1401 of such Code for such year;

(12) There shall be excluded the distributive share of any item

of income or loss of a limited partner, as such, other than

guaranteed payments described in section 707(c) of the Internal

Revenue Code of 1986 to that partner for services actually

rendered to or on behalf of the partnership to the extent that

those payments are established to be in the nature of

remuneration for those services;

(13) In the case of church employee income, the special rules

of subsection (i)(1) of this section shall apply;

(14) There shall be excluded income excluded from taxation

under section 7873 of the Internal Revenue Code of 1986 (relating

to income derived by Indians from exercise of fishing rights);

and

(15) The deduction under section 162(m) of the Internal Revenue

Code of 1986 (relating to health insurance costs of self-employed

individuals) shall not be allowed.

If the taxable year of a partner is different from that of the

partnership, the distributive share which he is required to include

in computing his net earnings from self-employment shall be based

upon the ordinary net income or loss of the partnership for any

taxable year of the partnership (even though beginning prior to

1951) ending within or with his taxable year. In the case of any

trade or business which is carried on by an individual or by a

partnership and in which, if such trade or business were carried on

exclusively by employees, the major portion of the services would

constitute agricultural labor as defined in section 410(f) of this

title -

(i) in the case of an individual, if the gross income derived

by him from such trade or business is not more than $2,400, the

net earnings from self-employment derived by him from such trade

or business may, at his option, be deemed to be 66 2/3 percent

of such gross income; or

(ii) in the case of an individual, if the gross income derived

by him from such trade or business is more than $2,400 and the

net earnings from self-employment derived by him from such trade

or business (computed under this subsection without regard to

this sentence) are less than $1,600, the net earnings from

self-employment derived by him from such trade or business may,

at his option, be deemed to be $1,600; and

(iii) in the case of a member of a partnership, if his

distributive share of the gross income of the partnership derived

from such trade or business (after such gross income has been

reduced by the sum of all payments to which section 707(c) of the

Internal Revenue Code of 1986 applies) is not more than $2,400,

his distributive share of income described in section 702(a)(8)

of such Code derived from such trade or business may, at his

option, be deemed to be an amount equal to 66 2/3 percent of his

distributive share of such gross income (after such gross income

has been so reduced); or

(iv) in the case of a member of a partnership, if his

distributive share of the gross income of the partnership derived

from such trade or business (after such gross income has been

reduced by the sum of all payments to which section 707(c) of the

Internal Revenue Code of 1986 applies) is more than $2,400 and

his distributive share (whether or not distributed) of income

described in section 702(a)(8) of such Code derived from such

trade or business (computed under this subsection without regard

to this sentence) is less than $1,600, his distributive share of

income described in such section 702(a)(8) derived from such

trade or business may, at his option, be deemed to be $1,600.

For purposes of the preceding sentence, gross income means -

(v) in the case of any such trade or business in which the

income is computed under a cash receipts and disbursements

method, the gross receipts from such trade or business reduced by

the cost or other basis of property which was purchased and sold

in carrying on such trade or business, adjusted (after such

reduction) in accordance with the provisions of paragraphs (1)

through (6) and paragraph (8) of this subsection; and

(vi) in the case of any such trade or business in which the

income is computed under an accrual method, the gross income from

such trade or business, adjusted in accordance with the

provisions of paragraphs (1) through (6) and paragraph (8) of

this subsection;

and, for purposes of such sentence, if an individual (including a

member of a partnership) derives gross income from more than one

such trade or business, such gross income (including his

distributive share of the gross income of any partnership derived

from any such trade or business) shall be deemed to have been

derived from one trade or business.

The preceding sentence and clauses (i) through (iv) of the second

preceding sentence shall also apply in the case of any trade or

business (other than a trade or business specified in such second

preceding sentence) which is carried on by an individual who is

self-employed on a regular basis as defined in subsection (g) of

this section, or by a partnership of which an individual is a

member on a regular basis as defined in subsection (g) of this

section, but only if such individual's net earnings from

self-employment in the taxable year as determined without regard to

this sentence are less than $1,600 and less than 66 2/3 percent of

the sum (in such taxable year) of such individual's gross income

derived from all trades or businesses carried on by him and his

distributive share of the income or loss from all trades or

businesses carried on by all the partnerships of which he is a

member; except that this sentence shall not apply to more than 5

taxable years in the case of any individual, and in no case in

which an individual elects to determine the amount of his net

earnings from self-employment for a taxable year under the

provisions of the two preceding sentences with respect to a trade

or business to which the second preceding sentence applies and with

respect to a trade or business to which this sentence applies shall

such net earnings for such year exceed $1,600.

(b) Self-employment income

The term "self-employment income" means the net earnings from

self-employment derived by an individual (other than a nonresident

alien individual, except as provided by an agreement under section

433 of this title) during any taxable year beginning after 1950;

except that such term shall not include -

(1) That part of the net earnings from self-employment which is

in excess of -

(A) For any taxable year ending prior to 1955, (i) $3,600,

minus (ii) the amount of the wages paid to such individual

during the taxable year; and

(B) For any taxable year ending after 1954 and prior to 1959,

(i) $4,200, minus (ii) the amount of the wages paid to such

individual during the taxable year; and

(C) For any taxable year ending after 1958 and prior to 1966,

(i) $4,800, minus (ii) the amount of the wages paid to such

individual during the taxable year; and

(D) For any taxable year ending after 1965 and prior to 1968,

(i) $6,600, minus (ii) the amount of the wages paid to such

individual during the taxable year; and

(E) For any taxable year ending after 1967 and beginning

prior to 1972, (i) $7,800, minus (ii) the amount of the wages

paid to such individual during the taxable year; and

(F) For any taxable year beginning after 1971 and prior to

1973, (i) $9,000, minus (ii) the amount of the wages paid to

such individual during the taxable year; and

(G) For any taxable year beginning after 1972 and prior to

1974, (i) $10,800, minus (ii) the amount of the wages paid to

such individual during the taxable year; and

(H) For any taxable year beginning after 1973 and prior to

1975, (i) $13,200, minus (ii) the amount of the wages paid to

such individual during the taxable year; and

(I) For any taxable year beginning in any calendar year after

1974, (i) an amount equal to the contribution and benefit base

(as determined under section 430 of this title) which is

effective for such calendar year, minus (ii) the amount of the

wages paid to such individual during such taxable year; or

(2) The net earnings from self-employment, if such net earnings

for the taxable year are less than $400.

An individual who is not a citizen of the United States but who is

a resident of the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, or American Samoa shall not, for the purpose of this

subsection, be considered to be a nonresident alien individual. In

the case of church employee income, the special rules of subsection

(i)(2) of this section shall apply for purposes of paragraph (2).

(c) Trade or business

The term "trade or business", when used with reference to

self-employment income or net earnings from self-employment, shall

have the same meaning as when used in section 162 of the Internal

Revenue Code of 1986, except that such term shall not include -

(1) The performance of the functions of a public office, other

than the functions of a public office of a State or a political

subdivision thereof with respect to fees received in any period

in which the functions are performed in a position compensated

solely on a fee basis and in which such functions are not covered

under an agreement entered into by such State and the

Commissioner of Social Security pursuant to section 418 of this

title;

(2) The performance of service by an individual as an employee,

other than -

(A) service described in section 410(a)(14)(B) of this title

performed by an individual who has attained the age of

eighteen,

(B) service described in section 410(a)(16) of this title,

(C) service described in section 410(a) (11), (12), or (15)

of this title performed in the United States by a citizen of

the United States, except service which constitutes

"employment" under section 410(r) of this title,

(D) service described in paragraph (4) of this subsection,

(E) service performed by an individual as an employee of a

State or a political subdivision thereof in a position

compensated solely on a fee basis with respect to fees received

in any period in which such service is not covered under an

agreement entered into by such State and the Commissioner of

Social Security pursuant to section 418 of this title,

(F) service described in section 410(a)(20) of this title,

and

(G) service described in section 410(a)(8)(B) of this title;

(3) The performance of service by an individual as an employee

or employee representative as defined in section 3231 of the

Internal Revenue Code of 1986;

(4) The performance of service by a duly ordained,

commissioned, or licensed minister of a church in the exercise of

his ministry or by a member of a religious order in the exercise

of duties required by such order;

(5) The performance of service by an individual in the exercise

of his profession as a Christian Science practitioner; or

(6) The performance of service by an individual during the

period for which an exemption under section 1402(g) of the

Internal Revenue Code of 1986 is effective with respect to him.

The provisions of paragraph (4) or (5) shall not apply to service

(other than service performed by a member of a religious order who

has taken a vow of poverty as a member of such order) performed by

an individual unless an exemption under section 1402(e) of the

Internal Revenue Code of 1986 is effective with respect to him.

(d) Partnership and partner

The term "partnership" and the term "partner" shall have the same

meaning as when used in subchapter K of chapter 1 of the Internal

Revenue Code of 1986.

(e) Taxable year

The term "taxable year" shall have the same meaning as when used

in subtitle A of the Internal Revenue Code of 1986; and the taxable

year of any individual shall be a calendar year unless he has a

different taxable year for the purposes of subtitle A of such Code,

in which case his taxable year for the purposes of this subchapter

shall be the same as his taxable year under such subtitle A.

(f) Partner's taxable year ending as result of death

In computing a partner's net earnings from self-employment for

his taxable year which ends as a result of his death (but only if

such taxable year ends within, and not with, the taxable year of

the partnership), there shall be included so much of the deceased

partner's distributive share of the partnership's ordinary income

or loss for the partnership taxable year as is not attributable to

an interest in the partnership during any period beginning on or

after the first day of the first calendar month following the month

in which such partner died. For purposes of this subsection -

(1) in determining the portion of the distributive share which

is attributable to any period specified in the preceding

sentence, the ordinary income or loss of the partnership shall be

treated as having been realized or sustained ratably over the

partnership taxable year; and

(2) the term "deceased partner's distributive share" includes

the share of his estate or of any other person succeeding, by

reason of his death, to rights with respect to his partnership

interest.

(g) Regular basis

An individual shall be deemed to be self-employed on a regular

basis in a taxable year, or to be a member of a partnership on a

regular basis in such year, if he had net earnings from

self-employment, as defined in the first sentence of subsection (a)

of this section, of not less than $400 in at least two of the three

consecutive taxable years immediately preceding such taxable year

from trades or businesses carried on by such individual or such

partnership.

(h) Option dealers and commodity dealers

(1) In determining the net earnings from self-employment of any

options dealer or commodities dealer -

(A) notwithstanding subsection (a)(3)(A) of this section, there

shall not be excluded any gain or loss (in the normal course of

the taxpayer's activity of dealing in or trading section 1256

contracts) from section 1256 contracts or property related to

such contracts, and

(B) the deduction provided by section 1202 of the Internal

Revenue Code of 1986 shall not apply.

(2) For purposes of this subsection -

(A) The term "options dealer" has the meaning given such term

by section 1256(g)(8) of such Code.

(B) The term "commodities dealer" means a person who is

actively engaged in trading section 1256 contracts and is

registered with a domestic board of trade which is designated as

a contract market by the Commodities Futures Trading Commission.

(C) The term "section 1256 contracts" has the meaning given to

such term by section 1256(b) of such Code.

(i) Church employee income

(1) In applying subsection (a) of this section -

(A) church employee income shall not be reduced by any

deduction;

(B) church employee income and deductions attributable to such

income shall not be taken into account in determining the amount

of other net earnings from self-employment.

(2)(A) Subsection (b)(2) of this section shall be applied

separately -

(i) to church employee income, and

(ii) to other net earnings from self-employment.

(B) In applying subsection (b)(2) of this section to church

employee income, "$100" shall be substituted for "$400".

(3) Paragraph (1) shall not apply to any amount allowable as a

deduction under subsection (a)(11) of this section, and paragraph

(1) shall be applied before determining the amount so allowable.

(4) For purposes of this section, the term "church employee

income" means gross income for services which are described in

section 410(a)(8)(B) of this title (and are not described in

section 410(a)(8)(A) of this title).

(j) Codification of treatment of certain termination payments

received by former insurance salesmen

Nothing in subsection (a) of this section shall be construed as

including in the net earnings from self-employment of an individual

any amount received during the taxable year from an insurance

company on account of services performed by such individual as an

insurance salesman for such company if -

(1) such amount is received after termination of such

individual's agreement to perform such services for such company,

(2) such individual performs no services for such company after

such termination and before the close of such taxable year,

(3) such individual enters into a covenant not to compete

against such company which applies to at least the 1-year period

beginning on the date of such termination, and

(4) the amount of such payment -

(A) depends primarily on policies sold by or credited to the

account of such individual during the last year of such

agreement or the extent to which such policies remain in force

for some period after such termination, or both, and

(B) does not depend to any extent on length of service or

overall earnings from services performed for such company

(without regard to whether eligibility for payment depends on

length of service).

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 211, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 502; amended

Sept. 23, 1950, ch. 994, title II, Sec. 221(j)(2), 64 Stat. 947;

Sept. 1, 1954, ch. 1206, title I, Secs. 101(d), (g), 104(b), 68

Stat. 1054, 1078; Aug. 1, 1956, ch. 836, title I, Secs. 104(c)(2),

(3), (d), (h), 106(a), 70 Stat. 824-826, 828; Pub. L. 85-239, Sec.

5(a), Aug. 30, 1957, 71 Stat. 523; Pub. L. 85-840, title I, Sec.

102(b), title III, Sec. 313(a), Aug. 28, 1958, 72 Stat. 1019, 1036;

Pub. L. 86-778, title I, Secs. 103(g), (h), (j)(3), 106(a), Sept.

13, 1960, 74 Stat. 937, 938, 945; Pub. L. 88-272, title II, Sec.

227(b)(7), Feb. 26, 1964, 78 Stat. 98; Pub. L. 89-97, title III,

Secs. 311(a)(1), (2), 312(a), 319(b), 320(a)(2), July 30, 1965, 79

Stat. 380, 381, 391, 393; Pub. L. 90-248, title I, Secs. 108(a)(2),

115(a), 118(b), 122(a), Jan. 2, 1968, 81 Stat. 834, 839, 841, 843;

Pub. L. 92-5, title II, Sec. 203(a)(2), Mar. 17, 1971, 85 Stat. 10;

Pub. L. 92-336, title II, Sec. 203(a)(2), July 1, 1972, 86 Stat.

418; Pub. L. 92-603, title I, Secs. 121(a), 124(a), 140(a), Oct.

30, 1972, 86 Stat. 1353, 1357, 1366; Pub. L. 93-66, title II, Sec.

203(a)(2), July 9, 1973, 87 Stat. 153; Pub. L. 93-233, Sec.

5(a)(2), Dec. 31, 1973, 87 Stat. 953; Pub. L. 93-368, Sec. 10(a),

Aug. 7, 1974, 88 Stat. 422; Pub. L. 94-455, title XII, Sec.

1207(e)(2)(B), Oct. 4, 1976, 90 Stat. 1707; Pub. L. 95-216, title

III, Sec. 313(a), Dec. 20, 1977, 91 Stat. 1535; Pub. L. 95-600,

title VII, Sec. 703(j)(14)(D), (E), Nov. 6, 1978, 92 Stat. 2942;

Pub. L. 98-21, title I, Sec. 124(c)(3), title III, Secs. 322(b)(1),

323(b)(2), Apr. 20, 1983, 97 Stat. 90, 121; Pub. L. 98-369, div. A,

title I, Sec. 102(c)(2), div. B, title VI, Secs. 2603(c)(1),

(d)(1), 2663(a)(8), July 18, 1984, 98 Stat. 622, 1129, 1163; Pub.

L. 99-514, title XVIII, Secs. 1882(b)(2), 1883(a)(6), Oct. 22,

1986, 100 Stat. 2915, 2916; Pub. L. 100-203, title IX, Secs.

9022(a), 9023(b), Dec. 22, 1987, 101 Stat. 1330-295, 1330-296; Pub.

L. 100-647, title I, Sec. 1011B(b)(4), title III, Sec. 3043(b),

title VIII, Sec. 8016(a)(2), Nov. 10, 1988, 102 Stat. 3488, 3642,

3792; Pub. L. 101-508, title V, Secs. 5123(a)(1), 5130(a)(2), (3),

Nov. 5, 1990, 104 Stat. 1388-284, 1388-289; Pub. L. 103-296, title

I, Sec. 107(a)(4), title III, Secs. 319(b)(2), 321(a)(14), (c)(5),

(6)(E)-(G), Aug. 15, 1994, 108 Stat. 1478, 1535, 1536, 1538; Pub.

L. 105-34, title IX, Sec. 922(b), Aug. 5, 1997, 111 Stat. 880.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in text, is

classified to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1997 - Subsec. (j). Pub. L. 105-34 added subsec. (j).

1994 - Subsec. (a). Pub. L. 103-296, Sec. 321(c)(6)(E),

substituted "1986" for "1954" after "Code of" wherever appearing in

introductory provisions, in pars. (3), (4), (6), (10), (11), and

(12), and in cls. (iii) and (iv) of closing provisions.

Subsec. (a)(13) to (15). Pub. L. 103-296, Sec. 321(a)(14),

(c)(5), struck out "and" at end of par. (13), substituted "; and"

for period at end of par. (14), and inserted "of the Internal

Revenue Code of 1986" after "section 162(m)" in par. (15).

Subsec. (c). Pub. L. 103-296, Sec. 321(c)(6)(F), substituted

"1986" for "1954" after "Code of" in introductory and closing

provisions.

Subsec. (c)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (c)(2)(C). Pub. L. 103-296, Sec. 319(b)(2), which

directed that subpar. (C) be amended by inserting ", except service

which constitutes 'employment' under section 410(r) of this title"

before the semicolon, was executed by making the insertion before

the comma at end, to reflect the probable intent of Congress.

Subsec. (c)(2)(E). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (c)(3), (6). Pub. L. 103-296, Sec. 321(c)(6)(F),

substituted "1986" for "1954" after "Code of".

Subsecs. (d), (e), (h)(1)(B). Pub. L. 103-296, Sec. 321(c)(6)(G),

substituted "1986" for "1954" after "Code of".

1990 - Subsec. (a). Pub. L. 101-508, Sec. 5123(a)(1),

redesignated last undesignated paragraph, relating to income of an

individual which results from or is attributable to performance of

services by such individual as a director of a corporation, as

subsec. (f)(5) of section 403 of this title.

Subsec. (a)(14), (15). Pub. L. 101-508, Sec. 5130(a)(3),

redesignated par. (14), relating to nonallowability of deduction

under section 162(m) (health insurance costs of self-employed

individuals), as (15).

Subsec. (b). Pub. L. 101-508, Sec. 5130(a)(2), made technical

correction to directory language of Pub. L. 98-21, Sec. 322(b)(1).

See 1983 Amendment note below.

1988 - Subsec. (a)(7). Pub. L. 100-647, Sec. 8016(a)(2), inserted

"of the Internal Revenue Code of 1986" before semicolon at end.

Subsec. (a)(14). Pub. L. 100-647, Sec. 3043(b), added par. (14)

relating to the exclusion of income excluded from taxation under

section 7873 of the Internal Revenue Code of 1986 (income derived

by Indians from exercise of fishing rights).

Pub. L. 100-647, Sec. 1011B(b)(4), added par. (14) relating to

nonallowability of deduction under section 162(m) (health insurance

costs of self-employed individuals).

1987 - Subsec. (a). Pub. L. 100-203, Sec. 9022(a), inserted par.

at end relating to income of an individual which results from or is

attributable to the performance of services by such individual as a

director of a corporation.

Subsec. (a)(7). Pub. L. 100-203, Sec. 9023(b)(1), struck out

reference to section 931 (relating to income from sources within

possessions of the United States) of the Internal Revenue Code of

1954.

Subsec. (a)(8). Pub. L. 100-203, Sec. 9023(b)(2), amended par.

(8) generally. Prior to amendment, par. (8) read as follows: "The

term 'possession of the United States' as used in sections 931

(relating to income from sources within the possessions of the

United States) and 932 (relating to citizens of possessions of the

United States) of the Internal Revenue Code of 1986 shall be deemed

not to include the Virgin Islands, Guam, or American Samoa;".

1986 - Subsec. (a)(13). Pub. L. 99-514, Sec. 1882(b)(2)(B)(i),

amended par. (13) generally. Prior to amendment, par. (13) read as

follows: "With respect to remuneration for service which are

treated as services in a trade or business under subsection

(c)(2)(G) of this section -

"(A) no deduction for trade or business expenses provided under

the Internal Revenue Code of 1954 (other than the deduction under

paragraph (11) of this subsection) shall apply;

"(B) the provisions of subsection (b)(2) of this section shall

not apply; and

"(C) if the amount of such remuneration from an employer for

the taxable year is less than $100, such remuneration from that

employer shall not be included in self-employment income."

Subsec. (b). Pub. L. 99-514, Sec. 1882(b)(2)(B)(ii), inserted at

end "In the case of church employee income, the special rules of

subsection (i)(2) of this section shall apply for purposes of

paragraph (2)."

Subsec. (c)(2)(G). Pub. L. 99-514, Sec. 1883(a)(6), realigned

margins of subpar. (G).

Subsec. (i). Pub. L. 99-514, Sec. 1882(b)(2)(A), added subsec.

(i).

1984 - Subsec. (a). Pub. L. 98-369, Sec. 2663(a)(8)(A),

substituted "subtitle A of the Internal Revenue Code of 1954" for

"chapter 1 of the Internal Revenue Code of 1939", "such subtitle"

for "such chapter", and "section 702(a)(8) of the Internal Revenue

Code of 1954" for "section 183 of the Internal Revenue Code of

1939".

Pub. L. 98-369, Sec. 2663(a)(8)(D), in provisions following

numbered pars., substituted "702(a)(8)" for "702(a)(9)" in cl.

(iii) and in two places in cl. (iv).

Subsec. (a)(3). Pub. L. 98-369, Sec. 2663(a)(8)(B), substituted

"subtitle A of the Internal Revenue Code of 1954" for "chapter 1 of

the Internal Revenue Code of 1939" and inserted "or" before "(C)".

Subsec. (a)(4). Pub. L. 98-369, Sec. 2663(a)(8)(C), substituted

"section 172 of the Internal Revenue Code of 1954" for "section

23(s) of the Internal Revenue Code of 1939".

Subsec. (a)(13). Pub. L. 98-369, Sec. 2603(d)(1), added par.

(13).

Subsec. (b)(1)(D), (G) to (I). Pub. L. 98-369, Sec.

2663(a)(8)(E), realigned margins of subpars. (D) and (G) to (I).

Subsec. (c). Pub. L. 98-369, Sec. 2663(a)(8)(F), substituted

"section 162 of the Internal Revenue Code of 1954" for "section 23

of the Internal Revenue Code of 1939" in provisions preceding par.

(1).

Subsec. (c)(2)(G). Pub. L. 98-369, Sec. 2603(c)(1), added subpar.

(G).

Subsec. (c)(3). Pub. L. 98-369, Sec. 2663(a)(8)(G), substituted

"section 3231 of the Internal Revenue Code of 1954" for "section

1532 of the Internal Revenue Code of 1939".

Subsec. (d). Pub. L. 98-369, Sec. 2663(a)(8)(H), substituted

"subchapter K of chapter 1 of the Internal Revenue Code of 1954"

for "supplement F of chapter 1 of the Internal Revenue Code of

1939".

Subsec. (e). Pub. L. 98-369, Sec. 2663(a)(8)(I), substituted

"subtitle A of the Internal Revenue Code of 1954" for "chapter 1 of

the Internal Revenue Code of 1939" in three places.

Subsec. (h). Pub. L. 98-369, Sec. 102(c)(2), added subsec. (h).

1983 - Subsec. (a)(10). Pub. L. 98-21, Sec. 323(b)(2)(A),

substituted "The exclusion from gross income provided by section

911(a)(1) of the Internal Revenue Code of 1954 shall not apply" for

"In the case of an individual described in section 911(d)(1)(B) of

the Internal Revenue Code of 1954, the exclusion from gross income

provided by section 911(a)(1) of such Code shall not apply".

Pub. L. 98-21, Sec. 323(b)(2)(B), temporarily amended par. (10)

by substituting "In the case of an individual described in section

911(d)(1)(B) of the Internal Revenue Code of 1954, the exclusion

from gross income provided by section 911(a)(1) of such Code shall

not apply" for "In the case of an individual who has been a

resident of the United States during the entire taxable year, the

exclusion from gross income provided by section 911(a)(2) of the

Internal Revenue Code of 1954 shall not apply". See Effective and

Termination Dates of 1983 Amendment note below.

Subsec. (a)(11), (12). Pub. L. 98-21, Sec. 124(c)(3), added par.

(11) and redesignated former par. (11) as (12).

Subsec. (b). Pub. L. 98-21, Sec. 322(b)(1), as amended by Pub. L.

101-508, Sec. 5130(a)(2), inserted ", except as provided by an

agreement under section 433 of this title" after "non-resident

alien individual" in provisions preceding par. (1).

1978 - Subsec. (a)(2). Pub. L. 95-600, Sec. 703(j)(14)(D), which

directed that "(other than interest described in section 35 of the

Internal Revenue Code of 1954)" be struck out from subsec. (a)(2)

of this section, was executed by striking out "(other than interest

described in section 25(a) of the Internal Revenue Code of 1939)"

as the probable intent of Congress.

Subsec. (c)(6). Pub. L. 95-600, Sec. 703(j)(14)(E), substituted

"section 1402(g)" for "section 1402(h)".

1977 - Subsec. (a)(11). Pub. L. 95-216 added par. (11).

1976 - Subsec. (c)(2)(F). Pub. L. 94-455 added subpar. (F).

1974 - Subsec. (a)(1). Pub. L. 93-368 inserted "(as determined

without regard to any activities of an agent of such owner or

tenant)" after "material participation by the owner or tenant"

wherever appearing.

1973 - Subsec. (b)(1)(H). Pub. L. 93-233 substituted "$13,200"

for "$12,600".

Pub. L. 93-66 substituted "$12,600" for "$12,000".

1972 - Subsec. (a). Pub. L. 92-603, Secs. 121(a)(1), 124(a),

140(a), struck out provisions of par. (7) relating to citizens of

the United States performing the specified services as an employee

of an American employer (as defined in section 410(e) of this

title) or as a minister in a foreign country who has a congregation

composed predominantly of United States citizens, inserted

provisions in par. (7) relating to the applicability of sections

911 and 931 of title 26, and added par. (10) and provisions for an

optional method for determining self-employment earnings.

Subsec. (b)(1)(F). Pub. L. 92-336, Sec. 203(a)(2)(A), inserted

"and prior to 1973" after "1971".

Subsec. (b)(1)(G) to (I). Pub. L. 92-336, Sec. 203(a)(2)(B),

added subpars. (G) to (I).

Subsec. (g). Pub. L. 92-603, Sec. 121(a)(2), added subsec. (g).

1971 - Subsec. (b)(1)(E). Pub. L. 92-5, Sec. 203(a)(2)(A),

inserted "and beginning prior to 1972" after "1967".

Subsec. (b)(1)(F). Pub. L. 92-5, Sec. 203(a)(2)(B), added subpar.

(F).

1968 - Subsec. (a)(9). Pub. L. 90-248, Sec. 118(b), added par.

(9).

Subsec. (b)(1)(D), (E). Pub. L. 90-248, Sec. 108(a)(2)(A), (B),

inserted "and prior to 1968" after "1965" and added subpar. (E),

respectively.

Subsec. (c). Pub. L. 90-248, Sec. 115(a), substituted in last

sentence "unless an exemption under section 1402(e) of the Internal

Revenue Code of 1954 is effective with respect to him" for "during

the period for which a certificate filed by him under section

1402(e) of the Internal Revenue Code of 1954 is in effect".

Subsec. (c)(1). Pub. L. 90-248, Sec. 122(a)(1), included in term

"trade or business" functions of a public office of a State or

political subdivision thereof with respect to fees received in a

position compensated solely on a fee basis and which position is

not covered under a State social security coverage agreement.

Subsec. (c)(2)(E). Pub. L. 90-248, Sec. 122(a)(2), added subpar.

(E).

1965 - Subsec. (a). Pub. L. 89-97, Sec. 312(a), substituted

"$2,400" for "$1,800" in cls. (i) to (iv) and "$1,600" for "$1,200"

in cls. (ii) and (iv) of second sentence following par. (8),

wherever appearing.

Subsec. (b)(1)(C). Pub. L. 89-97, Sec. 320(a)(2)(A), inserted

"and prior to 1966" after "1958" and substituted "and" for "or"

after the semicolon.

Subsec. (b)(1)(D). Pub. L. 89-97, Sec. 320(a)(2)(B), added

subpar. (D).

Subsec. (c). Pub. L. 89-97, Sec. 311(a)(1), (2), struck out from

par. (5) "doctor of medicine or" before, and "; or the performance

of such service by a partnership" after "Christian Science

practitioner" and consolidated into one sentence former last two

sentences.

Subsec. (c)(6). Pub. L. 89-97, Sec. 319(b), added par. (6).

1964 - Subsec. (a)(3)(B), Pub. L. 88-272 amended cl. (B)

generally, substituting ", coal, or iron ore, if section 631 of the

Internal Revenue Code of 1954 applies" for "or coal, if section

117(j) of the Internal Revenue Code of 1954 is applicable".

1960 - Subsec. (a)(6). Pub. L. 86-778, Sec. 103(j)(3),

substituted "section 933 of the Internal Revenue Code of 1954" for

"section 116(1) of the Internal Revenue Code of 1954", and struck

out provisions which defined "possession of the United States" in

the case of taxable years beginning before the effective date

specified in former section 419 of this title.

Subsec. (a)(8). Pub. L. 86-778, Sec. 103(g), added par. (8) and

inserted a reference to paragraph (8) in cls. (v) and (vi) of last

sentence.

Subsec. (b). Pub. L. 86-778, Sec. 103(h), provided that

individuals who are not citizens of the United States but who are

residents of Guam or American Samoa shall not, for the purposes of

this subsection, be considered to be nonresident alien individuals,

and struck out provisions which related to individuals who were

citizens of Puerto Rico prior to the effective date specified in

section 419 of this title.

Subsec. (c)(2). Pub. L. 86-778, Sec. 106(a), excluded service

described in section 410(a)(11), (12), or (15) of this title

performed in the United States by a citizen of the United States.

1958 - Subsec. (b)(1). Pub. L. 85-840, Sec. 102(b), inserted "and

prior to 1959" after "year ending after 1954" in cl. (B), and added

cl. (C).

Subsec. (f). Pub. L. 85-840, Sec. 313(a), added subsec. (f).

1957 - Subsec. (a)(7). Pub. L. 85-239 permitted computation of

net earnings without regard to sections 107 and 119 of the Internal

Revenue Code of 1954.

1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 106(a), amended last

two sentences generally, to include those businesses in which the

income is computed under an accrual method, and partnerships, to

change the method of computation of net earnings for individuals by

permitting those whose gross income is not more than $1,800 to deem

their net earnings to be 66 2/3 percent of such gross income, and

those whose gross income is more than $1,800 and the net earnings

are less than $1,200, to deem the net earnings to be $1,200, and to

provide for the computation of net earnings for members of

partnerships.

Subsec. (a)(1). Act Aug. 1, 1956, Sec. 104(c)(2), struck out from

exclusion, income derived by an owner or tenant to land if such

income is derived under an arrangement with another individual for

the production by such other individual of agricultural or

horticultural commodities if such arrangement provides for material

participation by the owner or tenant in the production or the

management of the production of such commodities, and there is

material participation by the owner or tenant with respect to any

such commodity.

Subsec. (a)(7)(B). Act Aug. 1, 1956, Sec. 104(h), included

citizens of the United States who are ministers in foreign

countries and have congregations composed predominantly of citizens

of the United States.

Subsec. (c)(2). Act Aug. 1, 1956, Sec. 104(c)(3), included within

term "trade or business" service described in section 410(a)(16) of

this title.

Subsec. (c)(5). Act Aug. 1, 1956, Sec. 104(d), struck out

exclusion from coverage in the case of lawyers, dentists,

osteopaths, veterinarians, chiropractors, naturopaths, and

optometrists.

1954 - Subsec. (a)(1). Act Sept. 1, 1954, Sec. 101(g)(2), made it

clear that rentals paid in crop shares would be excluded as being

rentals from real estate.

Subsec. (a)(2). Act Sept. 1, 1954, Sec. 101(g)(1), redesignated

par. (3) as (2), and struck out former par. (2).

Subsec. (a)(3). Act Sept. 1, 1954, Sec. 101(g)(3), redesignated

par. (4) as (3), and excluded from "net earnings from

self-employment" the gain or loss derived from coal royalties under

certain conditions. Former par. (3) redesignated (2).

Subsec. (a)(4) to (6). Act Sept. 1, 1954, Sec. 101(g)(1),

redesignated pars. (5) to (7) as (4) to (6), respectively. Former

par. (4) redesignated (3).

Subsec. (a)(7). Act Sept. 1, 1954, Sec. 101(d)(3), added par.

(7).

Subsec. (a). Act Sept. 1, 1954, Sec. 101(g)(1), inserted two

sentences at end.

Subsec. (b)(1). Act Sept. 1, 1954, Sec. 104(b), excluded from

self-employment income, for taxable years after 1954 any amount in

excess of $4,200 minus the amount of the wages paid to an

individual during the taxable year.

Subsec. (c). Act Sept. 1, 1954, Sec. 101(d)(2), inserted two

sentences at end making provisions of par. (4) inapplicable to

service performed during the period for which a certificate filed

under section 1402(e) of title 26 is in effect.

Subsec. (c)(2). Act Sept. 1, 1954, Sec. 101(d)(1), inserted "and

other than service described in paragraph (4) of this subsection"

after "eighteen".

Subsec. (c)(5). Act Sept. 1, 1954, Sec. 101(g)(4), struck out

exclusion from coverage in case of architects, certified public

accountants, accountants registered or licensed as accountants

under State or municipal law, full-time practicing public

accountants, funeral directors, or professional engineers.

1950 - Subsec. (a)(7). Act Sept. 23, 1950, made provisions

applicable to Puerto Rico and provided the basis for computation of

net earnings.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 applicable to payments after Dec. 31,

1997, see section 922(c) of Pub. L. 105-34, set out as a note under

section 1402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Amendment by section 319(b)(2) of Pub. L. 103-296 applicable with

respect to service performed after calendar quarter following

calendar quarter in which Aug. 15, 1994, occurs, see section 319(c)

of Pub. L. 103-296, set out as a note under section 1402 of Title

26, Internal Revenue Code.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5123(a)(1) of Pub. L. 101-508 applicable

with respect to income received for services performed in taxable

years beginning after Dec. 31, 1990, see section 5123(b) of Pub. L.

101-508, set out as a note under section 403 of this title.

Amendment by section 5130(a)(2) of Pub. L. 101-508 effective as

if included in the enactment of Pub. L. 98-21, Sec. 322(b)(1), and

amendment by section 5130(a)(3) of Pub. L. 101-508 effective as if

included in the enactment of Pub. L. 100-647, Sec. 1011B(b)(4), see

section 5130(b) of Pub. L. 101-508, set out as a note under section

1402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1011B(b)(4) of Pub. L. 100-647 effective,

except as otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment

relates, see section 1019(a) of Pub. L. 100-647, set out as a note

under section 1 of Title 26, Internal Revenue Code.

Amendment by section 3043(b) of Pub. L. 100-647 applicable to all

periods beginning before, on, or after Nov. 10, 1988, with no

inference created as to existence or non-existence or scope of any

exemption from tax for income derived from fishing rights secured

as of Mar. 17, 1988, by any treaty, law, or Executive Order, see

section 3044 of Pub. L. 100-647, set out as an Effective Date note

under section 7873 of Title 26.

Amendment by section 8016(a)(2) of Pub. L. 100-647 effective Nov.

10, 1988, except that any amendment to a provision of a particular

Public Law which is referred to by its number, or to a provision of

the Social Security Act [42 U.S.C. 301 et seq.], or to Title 26, as

added or amended by a provision of a particular Public Law which is

so referred to, effective as though included or reflected in the

relevant provisions of that Public Law at the time of its

enactment, see section 8016(b) of Pub. L. 100-647, set out as a

note under section 3111 of Title 26.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9022(a) of Pub. L. 100-203 applicable with

respect to services performed in taxable years beginning on or

after Jan. 1, 1988, see section 9022(c) of Pub. L. 100-203, set out

as a note under section 1402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1882(b)(2) of Pub. L. 99-514 applicable to

remuneration paid or derived in taxable years beginning after Dec.

31, 1985, see section 1882(b)(3) of Pub. L. 99-514, set out as a

note under section 1402 of Title 26, Internal Revenue Code.

Amendment by section 1883(a)(6) of Pub. L. 99-514 effective Oct.

22, 1986, see section 1883(f) of Pub. L. 99-514, set out as a note

under section 402 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 102(c)(2) of Pub. L. 98-369 applicable to

taxable years beginning after July 18, 1984, except as otherwise

provided, see section 102(f)(3), (g) of Pub. L. 98-369, set out as

a note under section 1256 of Title 26, Internal Revenue Code.

Amendment by section 2603(c)(1), (d)(1) of Pub. L. 98-369

applicable to service performed after Dec. 31, 1983, see section

2603(e) of Pub. L. 98-369, set out as a note under section 410 of

this title.

Amendment by section 2663(a)(8) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENT

Amendment by section 124(c)(3) of Pub. L. 98-21 applicable to

taxable years beginning after Dec. 31, 1989, see section 124(d)(2)

of Pub. L. 98-21, set out as an Effective Date of 1983 Amendment

note under section 1401 of Title 26, Internal Revenue Code.

Amendment by section 322(b)(2) of Pub. L. 98-21 effective in

taxable years beginning on or after Apr. 20, 1983, see section

322(c) of Pub. L. 98-21, set out as an Effective Date of 1983

Amendment note under section 3121 of Title 26.

Amendment by section 323(b)(2)(A) of Pub. L. 98-21 applicable to

taxable years beginning after Dec. 31, 1983, see section 323(c)(2)

of Pub. L. 98-21, set out as an Effective Date of 1983 Amendment

note under section 1402 of Title 26.

Section 323(b)(2)(B) of Pub. L. 98-21 provided that the amendment

made by such section 323(b)(2)(B) is effective with respect to

taxable years beginning after Dec. 31, 1981, and before Jan. 1,

1984.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section

703(r) of Pub. L. 95-600, set out as a note under section 46 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 313(c) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26, Internal Revenue Code] shall apply with respect to

taxable years beginning after December 31, 1977."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 10(c) of Pub. L. 93-368 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26, Internal Revenue Code] shall apply with respect to

taxable years beginning after December 31, 1973."

EFFECTIVE DATE OF 1973 AMENDMENTS

Amendment by Pub. L. 93-233 applicable only with respect to

remuneration paid after, and taxable years beginning after, 1973,

see section 5(e) of Pub. L. 93-233, set out as a note under section

409 of this title.

Amendment by Pub. L. 93-66 applicable only with respect to

remuneration paid after, and taxable years beginning after, 1973,

see section 203(e) of Pub. L. 93-66, set out as a note under

section 409 of this title.

EFFECTIVE DATE OF 1972 AMENDMENTS

Section 121(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26, Internal Revenue Code] shall apply only with respect to

taxable years beginning after December 31, 1972."

Section 124(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26] shall apply with respect to taxable years beginning after

December 31, 1972."

Section 140(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26] shall apply with respect to taxable years beginning after

December 31, 1972."

Amendment by Pub. L. 92-336 applicable only with respect to

taxable years beginning after 1972, see section 203(c) of Pub. L.

92-336, set out as a note under section 409 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-5 applicable only with respect to taxable

years beginning after 1971, see section 203(c) of Pub. L. 92-5, set

out as a note under section 409 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 108(a)(2) of Pub. L. 90-248 applicable only

with respect to taxable years ending after 1967, see section 108(c)

of Pub. L. 90-248, set out as a note under section 409 of this

title.

Amendment by section 115(a) of Pub. L. 90-248 applicable only

with respect to taxable years ending after 1967, see section 115(c)

of Pub. L. 90-248, set out as a note under section 1402 of Title

26, Internal Revenue Code.

Amendment by section 118(b) of Pub. L. 90-248 applicable only

with respect to taxable years ending on or after Dec. 31, 1967, see

section 118(c) of Pub. L. 90-248, set out as a note under section

1402 of Title 26.

Amendment by section 122(a)(1), (2) of Pub. L. 90-248 applicable

with respect to fees received after 1967 and with respect to

election to exempt fees from coverage as self-employment income,

see section 122(c) of Pub. L. 90-248, set out as a note under

section 1402 of Title 26.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 311(a)(1), (2) of Pub. L. 89-97 applicable

only with respect to taxable years ending on or after Dec. 31,

1965, see section 311(c) of Pub. L. 89-97, set out as a note under

section 410 of this title.

Section 312(c) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26, Internal Revenue Code] shall apply only with respect to

taxable years beginning after December 31, 1965."

Amendment by section 319(b) of Pub. L. 89-97 applicable with

respect to taxable years beginning after December 31, 1950, see

section 319(e) of Pub. L. 89-97, set out as a note under section

1402 of Title 26.

Amendment by section 320(a)(2) of Pub. L. 89-97 applicable with

respect to taxable years ending after 1965, see section 320(c) of

Pub. L. 89-97, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-272 applicable with respect to amounts

received or accrued in taxable years beginning after Dec. 31, 1963,

attributable to iron ore mined in such years, see section 227(c) of

Pub. L. 88-272, set out as a note under section 272 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by section 103(g) of Pub. L. 86-778 applicable only in

the case of taxable years beginning after 1960, except that,

insofar as involves the nonapplication of section 932 of Title 26,

Internal Revenue Code, to the Virgin Islands for purposes of

sections 1401 et seq. of Title 26 and this section, such amendment

shall be effective in the case of all taxable years with respect to

which such sections 1401 et seq. (and corresponding provisions of

prior law) and this section are applicable, see section 103(v)(1)

of Pub. L. 86-778, set out as a note under section 402 of this

title.

Amendment by section 103(h) of Pub. L. 86-778 applicable only in

the case of taxable years beginning after 1960, see section

103(v)(1), (3) of Pub. L. 86-778, set out as a note under section

402 of this title.

Amendment by section 103(j)(3) of Pub. L. 86-778 effective Sept.

13, 1960, see section 103(v)(1), (3) of Pub. L. 86-778, set out as

a note under section 402 of this title.

Section 106(c) of Pub. L. 86-778 provided that: "The amendments

made by this section [amending this section and section 1402 of

Title 26, Internal Revenue Code] shall apply only with respect to

taxable years ending on or after December 31, 1960; except that for

purposes of section 203 of the Social Security Act [section 403 of

this title], the amendment made by subsection (a) [amending this

section] shall apply only with respect to taxable years (of the

individual performing the service involved) beginning after the

date of the enactment of this Act [Sept. 13, 1960]."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 313(b) of Pub. L. 85-840 provided that: "The amendment

made by subsection (a) [amending this section] shall apply -

"(1) with respect to individuals who die after the date of the

enactment of this Act [Aug. 28, 1958], and

"(2) with respect to any individual who died after 1955 and on

or before the date of the enactment of this Act [Aug. 28, 1958],

but only if the requirements of section 403(b)(2) of this Act

[section 603(b)(2) of this title] are met."

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment by Pub. L. 85-239 applicable, except for purposes of

section 403 of this title, only with respect to taxable years

ending on or after December 31, 1957, see section 5(c) of Pub. L.

85-239, set out as a note under section 1402 of Title 26, Internal

Revenue Code.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by section 104(c)(2), (d) of act Aug. 1, 1956,

applicable with respect to taxable years ending after 1955, see

section 104(i) of such act Aug. 1, 1956, set out as a note under

section 410 of this title.

Amendment by section 104(c)(3) of act Aug. 1, 1956, applicable

with respect to taxable years ending after 1954, see section 104(i)

of act Aug. 1, 1956, set out as a note under section 410 of this

title.

Amendment by section 104(h) of act Aug. 1, 1956, applicable with

respect to the same taxable years with respect to which the

amendment to section 3121(k)(1) of Title 26, Internal Revenue Code,

applies, see section 104(i) of act Aug. 1, 1956, set out as a note

under section 410 of this title, and section 201(m)(2) of such act

Aug. 1, 1956, set out as a note under section 3121 of Title 26.

Section 106(b) of act Aug. 1, 1956, provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

with respect to taxable years ending on or after December 31,

1956."

EFFECTIVE DATE OF 1954 AMENDMENT

Amendments by section 101(d), (g)(1), (2), (4) of act Sept. 1,

1954, applicable only with respect to taxable years ending after

1954, amendment by section 101(g)(3) of act Sept. 1, 1954,

applicable only with respect to taxable years beginning after 1950,

and, for purposes of section 403 of this title, the amendments made

by paragraphs (1), (2), and (4) of subsection (g) and by subsection

(d) [of said section 101] effective with respect to net earnings

from self-employment derived after 1954, see section 101(n) of act

Sept. 1, 1954, set out as a note under section 405 of this title.

EFFECTIVE DATE OF 1950 AMENDMENT

Amendment by act Sept. 23, 1950, applicable with respect to

taxable years beginning after Dec. 31, 1950, see section 221(k) of

act Sept. 23, 1950.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of Title 26, Internal Revenue Code.

TREATY OBLIGATIONS

Section 214 of act Sept. 23, 1950, provided that: "No amendment

made by this Act [see Tables for classification] shall apply in any

case where its application would be contrary to any treaty

obligation of the United States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 410, 424a, 430,

1382a of this title; title 45 section 231e.

-End-

-CITE-

42 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 412. Self-employment income credited to calendar years

-STATUTE-

(a) For the purposes of determining average monthly wage and

quarters of coverage the amount of self-employment income derived

during any taxable year which begins before 1978 shall -

(1) in the case of a taxable year which is a calendar year, be

credited equally to each quarter of such calendar year; and

(2) in the case of any other taxable year, be credited equally

to the calendar quarter in which such taxable year ends and to

each of the next three or fewer preceding quarters any part of

which is in such taxable year.

(b) For the purposes of determining average indexed monthly

earnings, average monthly wage, and quarters of coverage the amount

of self-employment income derived during any taxable year which

begins after 1977 shall -

(1) in the case of a taxable year which is a calendar year or

which begins with or during a calendar year and ends with or

during such year, be credited to such calendar year; and

(2) in the case of any other taxable year, be allocated

proportionately to the two calendar years, portions of which are

included within such taxable year, on the basis of the number of

months in each such calendar year which are included completely

within the taxable year.

For purposes of clause (2), the calendar month in which a taxable

year ends shall be treated as included completely within that

taxable year.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 212, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 504; amended

Pub. L. 95-216, title III, Sec. 351(b), Dec. 20, 1977, 91 Stat.

1549.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-216 designated existing provisions as subsec.

(a), substituted provisions relating to crediting of

self-employment income to calendar years for provisions relating to

crediting of self-employment income to calendar quarters, and added

subsec. (b).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 effective Jan. 1, 1978, see section

351(d) of Pub. L. 95-216, set out as a note under section 409 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 413, 415 of this title.

-End-

-CITE-

42 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 413. Quarter and quarter of coverage

-STATUTE-

(a) Definitions

For the purposes of this subchapter -

(1) The term "quarter", and the term "calendar quarter", mean a

period of three calendar months ending on March 31, June 30,

September 30, or December 31.

(2)(A) The term "quarter of coverage" means -

(i) for calendar years before 1978, and subject to the

provisions of subparagraph (B), a quarter in which an individual

has been paid $50 or more in wages (except wages for agricultural

labor paid after 1954) or for which he has been credited (as

determined under section 412 of this title) with $100 or more of

self-employment income; and

(ii) for calendar years after 1977, and subject to the

provisions of subparagraph (B), each portion of the total of the

wages paid and the self-employment income credited (pursuant to

section 412 of this title) to an individual in a calendar year

which equals the amount required for a quarter of coverage in

that calendar year (as determined under subsection (d) of this

section), with such quarter of coverage being assigned to a

specific calendar quarter in such calendar year only if necessary

in the case of any individual who has attained age 62 or died or

is under a disability and the requirements for insured status in

subsection (a) or (b) of section 414 of this title, the

requirements for entitlement to a computation or recomputation of

his primary insurance amount, or the requirements of paragraph

(3) of section 416(i) of this title would not otherwise be met.

(B) Notwithstanding the provisions of subparagraph (A) -

(i) no quarter after the quarter in which an individual dies

shall be a quarter of coverage, and no quarter any part of which

is included in a period of disability (other than the initial

quarter and the last quarter of such period) shall be a quarter

of coverage;

(ii) if the wages paid to an individual in any calendar year

equal $3,000 in the case of a calendar year before 1951, or

$3,600 in the case of a calendar year after 1950 and before 1955,

or $4,200 in the case of a calendar year after 1954 and before

1959, or $4,800 in the case of a calendar year after 1958 and

before 1966, or $6,600 in the case of a calendar year after 1965

and before 1968, or $7,800 in the case of a calendar year after

1967 and before 1972, or $9,000 in the case of the calendar year

1972, or $10,800 in the case of the calendar year 1973, or

$13,200 in the case of the calendar year 1974, or an amount equal

to the contribution and benefit base (as determined under section

430 of this title) in the case of any calendar year after 1974

and before 1978 with respect to which such contribution and

benefit base is effective, each quarter of such year shall

(subject to clauses (i) and (v)) be a quarter of coverage;

(iii) if an individual has self-employment income for a taxable

year, and if the sum of such income and the wages paid to him

during such year equals $3,600 in the case of a taxable year

beginning after 1950 and ending before 1955, or $4,200 in the

case of a taxable year ending after 1954 and before 1959, or

$4,800 in the case of a taxable year ending after 1958 and before

1966, or $6,600 in the case of a taxable year ending after 1965

and before 1968, or $7,800 in the case of a taxable year ending

after 1967 and before 1972, or $9,000 in the case of a taxable

year beginning after 1971 and before 1973, or $10,800 in the case

of a taxable year beginning after 1972 and before 1974, or

$13,200 in the case of a taxable year beginning after 1973 and

before 1975, or an amount equal to the contribution and benefit

base (as determined under section 430 of this title) which is

effective for the calendar year in the case of any taxable year

beginning in any calendar year after 1974 and before 1978, each

quarter any part of which falls in such year shall (subject to

clauses (i) and (v)) be a quarter of coverage;

(iv) if an individual is paid wages for agricultural labor in a

calendar year after 1954 and before 1978, then, subject to

clauses (i) and (v), (I) the last quarter of such year which can

be but is not otherwise a quarter of coverage shall be a quarter

of coverage if such wages equal or exceed $100 but are less than

$200; (II) the last two quarters of such year which can be but

are not otherwise quarters of coverage shall be quarters of

coverage if such wages equal or exceed $200 but are less than

$300; (III) the last three quarters of such year which can be but

are not otherwise quarters of coverage shall be quarters of

coverage if such wages equal or exceed $300 but are less than

$400; and (IV) each quarter of such year which is not otherwise a

quarter of coverage shall be a quarter of coverage if such wages

are $400 or more;

(v) no quarter shall be counted as a quarter of coverage prior

to the beginning of such quarter;

(vi) not more than one quarter of coverage may be credited to a

calendar quarter; and

(vii) no more than four quarters of coverage may be credited to

any calendar year after 1977.

If in the case of an individual who has attained age 62 or died or

is under a disability and who has been paid wages for agricultural

labor in a calendar year after 1954 and before 1978, the

requirements for insured status in subsection (a) or (b) of section

414 of this title, the requirements for entitlement to a

computation or recomputation of his primary insurance amount, or

the requirements of paragraph (3) of section 416(i) of this title

are not met after assignment of quarters of coverage to quarters in

such year as provided in clause (iv) of the preceding sentence, but

would be met if such quarters of coverage were assigned to

different quarters in such year, then such quarters of coverage

shall instead be assigned, for purposes only of determining

compliance with such requirements, to such different quarters. If,

in the case of an individual who did not die prior to January 1,

1955, and who attained age 62 (if a woman) or age 65 (if a man) or

died before July 1, 1957, the requirements for insured status in

section 414(a)(3) of this title are not met because of his having

too few quarters of coverage but would be met if his quarters of

coverage in the first calendar year in which he had any covered

employment had been determined on the basis of the period during

which wages were earned rather than on the basis of the period

during which wages were paid (any such wages paid that are

reallocated on an earned basis shall not be used in determining

quarters of coverage for subsequent calendar years), then upon

application filed by the individual or his survivors and

satisfactory proof of his record of wages earned being furnished by

such individual or his survivors, the quarters of coverage in such

calendar year may be determined on the basis of the periods during

which wages were earned.

(b) Crediting of wages paid in 1937

With respect to wages paid to an individual in the six-month

periods commencing either January 1, 1937, or July 1, 1937; (A) if

wages of not less than $100 were paid in any such period, one-half

of the total amount thereof shall be deemed to have been paid in

each of the calendar quarters in such period; and (B) if wages of

less than $100 were paid in any such period, the total amount

thereof shall be deemed to have been paid in the latter quarter of

such period, except that if in any such period, the individual

attained age sixty-five, all of the wages paid in such period shall

be deemed to have been paid before such age was attained.

(c) Alternative method for determining quarters of coverage with

respect to wages in period from 1937 to 1950

For purposes of sections 414(a) and 415(d) of this title, an

individual shall be deemed to have one quarter of coverage for each

$400 of his total wages prior to 1951 (as defined in section

415(d)(1)(C) of this title), except where such individual is not a

fully insured individual on the basis of the number of quarters of

coverage so derived plus the number of quarters of coverage derived

from the wages and self-employment income credited to such

individual for periods after 1950.

(d) Amount required for a quarter of coverage

(1) The amount of wages and self-employment income which an

individual must have in order to be credited with a quarter of

coverage in any year under subsection (a)(2)(A)(ii) of this section

shall be $250 in the calendar year 1978 and the amount determined

under paragraph (2) of this subsection for years after 1978.

(2) The Commissioner of Social Security shall, on or before

November 1 of 1978 and of every year thereafter, determine and

publish in the Federal Register the amount of wages and

self-employment income which an individual must have in order to be

credited with a quarter of coverage in the succeeding calendar

year. The amount required for a quarter of coverage shall be the

larger of -

(A) the amount in effect in the calendar year in which the

determination under this subsection is made, or

(B) the product of the amount prescribed in paragraph (1) which

is required for a quarter of coverage in 1978 and the ratio of

the national average wage index (as defined in section 409(k)(1)

of this title) for the calendar year before the year in which the

determination under this paragraph is made to the national

average wage index (as so defined) for 1976,

with such product, if not a multiple of $10, being rounded to the

next higher multiple of $10 where such amount is a multiple of $5

but not of $10 and to the nearest multiple of $10 in any other

case.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 213, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 504; amended

July 18, 1952, ch. 945, Secs. 3(a), 66 Stat. 770; Sept. 1, 1954,

ch. 1206, title I, Secs. 104(c), 106(a), 108(b), 68 Stat. 1078,

1084; Aug. 1, 1956, ch. 836, title I, Sec. 105(c), 70 Stat. 828;

Pub. L. 85-840, title I, Sec. 102(c), Aug. 28, 1958, 72 Stat. 1019;

Pub. L. 86-442, Sec. 3, Apr. 22, 1960, 74 Stat. 82; Pub. L. 86-778,

title II, Sec. 206(a), Sept. 13, 1960, 74 Stat. 949; Pub. L. 87-64,

title I, Sec. 102(c)(2)(A), (3)(B), June 30, 1961, 75 Stat. 134,

135; Pub. L. 89-97, title III, Sec. 320(a)(3), July 30, 1965, 79

Stat. 393; Pub. L. 90-248, title I, Secs. 108(a)(3), 155(b)(1),

Jan. 2, 1968, 81 Stat. 834, 865; Pub. L. 92-5, title II, Sec.

203(a)(3), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92-336, title II,

Sec. 203(a)(3), July 1, 1972, 86 Stat. 418; Pub. L. 93-66, title

II, Sec. 203(a)(3), July 9, 1973, 87 Stat. 153; Pub. L. 93-233,

Sec. 5(a)(3), Dec. 31, 1973, 87 Stat. 953; Pub. L. 95-216, title

III, Secs. 351(c), 352(a), (b), Dec. 20, 1977, 91 Stat. 1550, 1552;

Pub. L. 96-473, Sec. 6(c), Oct. 19, 1980, 94 Stat. 2265; Pub. L.

98-369, div. B, title VI, Sec. 2663(a)(9), July 18, 1984, 98 Stat.

1164; Pub. L. 101-239, title X, Sec. 10208(b)(2)(A), (B),

(d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L.

101-508, title V, Sec. 5117(c)(1), Nov. 5, 1990, 104 Stat.

1388-278; Pub. L. 103-296, title I, Sec. 107(a)(4), title III, Sec.

321(a)(15), (e)(2)(A), Aug. 15, 1994, 108 Stat. 1478, 1536, 1539.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-296, Sec. 321(a)(15), substituted

"sections" for "section" before "414(a) and 415(d) of this title".

Subsec. (d)(2). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in introductory

provisions.

Subsec. (d)(2)(B). Pub. L. 103-296, Sec. 321(e)(2)(A),

substituted "national average wage index" for "deemed average total

wages" before "(as defined in" and "the national average wage index

(as so defined) for 1976," for "the average of the total wages (as

defined in regulations of the Secretary and computed without regard

to the limitations specified in section 409(a)(1) of this title)

reported to the Secretary of the Treasury or his delegate for 1976

(as published in the Federal Register in accordance with section

415(a)(1)(D) of this title),".

1990 - Subsec. (c). Pub. L. 101-508 inserted "and 415(d)" after

"section 414(a)" and substituted "except where such individual is

not a fully insured individual on the basis of the number of

quarters of coverage so derived plus the number of quarters of

coverage derived from the wages and self-employment income credited

to such individual for periods after 1950." for "except where -

"(1) such individual is not a fully insured individual on the

basis of the number of quarters of coverage so derived plus the

number of quarters of coverage derived from the wages and

self-employment income credited to him for periods after 1950, or

"(2) such individual's elapsed years (for purposes of section

414(a)(1) of this title) are less than 7."

1989 - Subsec. (d)(2)(B). Pub. L. 101-239, Sec. 10208(b)(2)(A),

(B), substituted "the deemed average total wages (as defined in

section 409(k)(1) of this title)" for "the average of the total

wages (as defined in regulations of the Secretary and computed

without regard to the limitations specified in section 409(a)(1) of

this title) reported to the Secretary of the Treasury or his

delegate" and "(as defined in regulations of the Secretary and

computed without regard to the limitations specified in section

409(a)(1) of this title)" for "(as so defined and computed)".

Pub. L. 101-239, Sec. 10208(d)(2)(A)(i), substituted "409(a)(1)"

for "409(a)".

1984 - Subsec. (a)(1). Pub. L. 98-369, Sec. 2663(a)(9)(A),

substituted "mean" for "means".

Subsec. (a)(2)(B)(ii). Pub. L. 98-369, Sec. 2663(a)(9)(B),

substituted "equal $3,000" for "equal to $3,000".

1980 - Subsec. (a)(2)(A). Pub. L. 96-473 substituted reference to

quarter of coverage, for reference to quarters of coverage.

1977 - Subsec. (a)(2). Pub. L. 95-216, Secs. 351(c), 352(a),

substituted provisions relating to factors respecting definition of

"quarters of coverage" for calendar years before 1978, subject to

the provisions of subpar. (B) of this par., and for calendar years

after 1977, subject to the provisions of subpar. (B) of this par.,

for provisions relating to factors respecting definition of

"quarter of coverage" as a quarter in which the individual has been

paid $50 or more in wages (except wages for agricultural labor paid

after 1954) or for which he has been credited (as determined under

section 412 of this title) with $100 or more of self-employment

income.

Subsec. (d). Pub. L. 95-216, Sec. 352(b), added subsec. (d).

1973 - Subsec. (a)(2)(ii), (iii). Pub. L. 93-233 substituted

"$13,200" for "$12,600".

Pub. L. 93-66 substituted "$12,600" for "$12,000", in cls. (ii)

and (iii).

1972 - Subsec. (a)(2)(ii). Pub. L. 92-336, Sec. 203(a)(3)(A),

inserted provisions for determining a quarter of coverage based on

amounts earned as wages after 1971 and before 1975, and amounts

equal to the contribution and benefit base in the case of any

calendar year after 1974 with respect to which such contribution

and benefit base is effective.

Subsec. (a)(2)(iii). Pub. L. 92-336, Sec. 203(a)(3)(B), inserted

provisions for determining a quarter of coverage based on amounts

earned as wages after 1971 and before 1975, and amounts equal to

the contribution and benefit base which is effective for the

calendar year in the case of any taxable year beginning in any

calendar year after 1974.

1971 - Subsec. (a)(2)(ii). Pub. L. 92-5, Sec. 203(a)(3)(A),

substituted "after 1967 and before 1972, or $9,000 in the case of a

calendar year after 1971" for "after 1967".

Subsec. (a)(2)(iii). Pub. L. 92-5, Sec. 203(a)(3)(B), substituted

"after 1967 and beginning before 1972, or $9,000 in the case of a

taxable year beginning after 1971" for "after 1967".

1968 - Subsec. (a)(2)(ii). Pub. L. 90-248, Sec. 108(a)(3)(A),

inserted "and before 1968, or $7,800 in the case of a calendar year

after 1967" after "1965".

Subsec. (a)(2)(iii). Pub. L. 90-248, Sec. 108(a)(3)(B), inserted

"and before 1968, or $7,800 in the case of a taxable year ending

after 1967" after "1965".

Subsec. (c). Pub. L. 90-248, Sec. 155(b)(1), added subsec. (c).

1965 - Subsec. (a)(2)(ii). Pub. L. 89-97, Sec. 320(a)(3)(A),

substituted "after 1958 and before 1966, or $6,600 in the case of a

calendar year after 1965" for "after 1958".

Subsec. (a)(2)(iii). Pub. L. 89-97, Sec. 320(a)(3)(B),

substituted "after 1958 and before 1966, or $6,600 in the case of a

taxable year ending after 1965" for "after 1958".

1961 - Subsec. (a). Pub. L. 87-64 substituted "has attained age

62" for "has attained retirement age", and "who attained age 62 (if

a woman) or age 65 (if a man)" for "who attained retirement age".

1960 - Subsec. (a)(2). Pub. L. 86-778 required each quarter of a

calendar year before 1951 to be counted as a quarter of coverage if

the individual received wages equal to $3,000 in the calendar year.

Pub. L. 86-442 inserted sentence in cl. (B) to permit the

quarters of coverage in a calendar year to be determined on the

basis of the periods during which wages were earned in the case of

individuals who did not die prior to Jan. 1, 1955, and who attained

retirement age or died before July 1, 1957, who did not meet the

requirements for insured status because of having too few quarters

of coverage but who would meet the requirements if the quarters of

coverage in the first calendar year in which they had any covered

employment had been determined on the basis of the period during

which wages were earned rather than on the basis of the period

during which wages were paid.

1958 - Subsec. (a)(2)(B). Pub. L. 85-840 inserted "and before

1959, or $4,800 in the case of a calendar year after 1958" after

"after 1954" in cl. (ii), and "and before 1959, or $4,800 in the

case of a taxable year ending after 1958" after "after 1954" in cl.

(iii).

1956 - Subsec. (a)(2)(B)(iv). Act Aug. 1, 1956, substituted "if

such wages equal or exceed $100 but are less than $200" for "if

such wages are less than $200".

1954 - Subsec. (a)(2)(A). Act Sept. 1, 1954, Sec. 106(a)(1),

redefined "quarter of coverage," in the case of quarters occurring

before 1951, to exclude any quarter any part of which was included

in a period of disability, other than the initial quarter of such

period, and which provided that any quarter any part of which was

included in a period of disability, other than the first quarter of

such period, could not be counted as a quarter of coverage in a

calendar year in which wages of $3,000 or more were paid.

Subsec. (a)(2)(B). Act Sept. 1, 1954, Sec. 104(c), provided that

for calendar years after 1954 an individual shall be credited with

a quarter of coverage for each quarter of the year if his wages for

the year equal $4,200 and he shall be credited with a quarter of

coverage for each quarter of a taxable year ending after 1954 in

which the sum of his wages and self-employment income equal $4,200.

Act Sept. 1, 1954, Sec. 108(b), provided for crediting quarters

of coverage on basis of annual amounts of wages received for

agricultural labor.

Subsec. (a)(2)(B)(i). Act Sept. 1, 1954, Sec. 106(a)(2),

redefined "quarter of coverage", for quarters occurring after 1950,

to exclude any quarter any part of which was included in a period

of disability, other than the first and last quarters of such

period.

1952 - Subsec. (a)(2)(A). Act July 18, 1952, Sec. 3(a)(1),

redefined "quarter of coverage".

Subsec. (a)(2)(B)(i). Act July 18, 1952, Sec. 3(a)(2), inserted

"and no quarter any part of which was included in a period of

disability (other than the initial quarter and the last quarter of

such period) shall be a quarter of coverage".

Subsec. (a)(2)(B)(iii). Act July 18, 1952, Sec. 3(a)(3),

substituted "shall (subject to clause (i) of this subparagraph) be

a quarter of coverage" for "shall be a quarter of coverage".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5117(c)(3) of Pub. L. 101-508 provided that: "The

amendments made by this subsection [amending this section and

provisions set out as a note below] shall apply only with respect

to individuals who -

"(A) make application for benefits under section 202 of the

Social Security Act [section 402 of this title] after the

18-month period following the month in which this Act is enacted

[November 1990], and

"(B) are not entitled to benefits under section 227 or 228 of

such Act [section 427 or 428 of this title] for the month in

which such application is made."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 10208(b)(2)(A), (B) of Pub. L. 101-239

applicable with respect to computation of average total wage

amounts (under amended provisions) for calendar years after 1990,

see section 10208(c) of Pub. L. 101-239, set out as a note under

section 430 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 351(c) of Pub. L. 95-216 effective Jan. 1,

1978, see section 351(d) of Pub. L. 95-216, set out as a note under

section 409 of this title.

Section 352(c) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section] shall be effective

January 1, 1978."

EFFECTIVE DATE OF 1973 AMENDMENTS

Amendment by Pub. L. 93-233 applicable only with respect to

remuneration paid after, and taxable years beginning after, 1973,

see section 5(e) of Pub. L. 93-233, set out as a note under section

409 of this title.

Amendment by Pub. L. 93-66 applicable only with respect to

remuneration paid after, and taxable years beginning after, 1973,

see section 203(e) of Pub. L. 93-66, set out as a note under

section 409 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by section 203(a)(3)(A) of Pub. L. 92-336 applicable

only with respect to remuneration paid after December 1972, and

amendment by section 203(a)(3)(B) of Pub. L. 92-336 applicable only

with respect to taxable years beginning after 1972, see section

203(c) of Pub. L. 92-336, set out as a note under section 409 of

this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by section 203(a)(3)(A) of Pub. L. 92-5 applicable only

with respect to remuneration paid after December 1971, and

amendment by section 203(a)(3)(B) of Pub. L. 92-5 applicable only

with respect to taxable years beginning after 1971, see section

203(c) of Pub. L. 92-5, set out as a note under section 409 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 108(a)(3)(A) of Pub. L. 90-248 applicable

only with respect to remuneration paid after December 1967, and

amendment by section 108(a)(3)(B) applicable only with respect to

taxable years ending after 1967, see section 108(c) of Pub. L.

90-248, set out as a note under section 409 of this title.

Section 155(b)(2) of Pub. L. 90-248, as amended by Pub. L.

101-508, title V, Sec. 5117(c)(2), Nov. 5, 1990, 104 Stat.

1388-278, provided that: "The amendment made by paragraph (1)

[amending this section] shall apply only in the case of an

individual who applies for benefits under section 202(a) of the

Social Security Act [section 402(a) of this title] after the date

of the enactment of this Act [Jan. 2, 1968], or who dies without

being entitled to benefits under section 202(a) or 223 of the

Social Security Act [section 402(a) or 423 of this title]."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 320(a)(3)(A) of Pub. L. 89-97 applicable

with respect to remuneration paid after December, 1965, and

amendment by section 320(a)(3)(B) of Pub. L. 89-97 applicable with

respect to taxable years ending after 1965, see section 320(c) of

Pub. L. 89-97, set out as a note under section 3121 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-64 applicable with respect to monthly

benefits for months beginning on or after August 1, 1961 based on

applications filed in or after March 1961, and with respect to

lump-sum death payments under this subchapter in the case of deaths

on or after August 1, 1961, see sections 102(f) and 109 of Pub. L.

87-64, set out as notes under section 402 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 206(b) of Pub. L. 86-778 provided that:

"(1) Except as provided in paragraph (2), the amendment made by

subsection (a) [amending this section] shall apply only in the case

of monthly benefits under title II of the Social Security Act [this

subchapter], and the lump-sum death payment under section 202 of

such Act [section 402 of this title], based on the wages and

self-employment income of an individual -

"(A) who becomes entitled to benefits under section 202(a) or

223 of such Act [section 402(a) or 423 of this title] on the

basis of an application filed in or after the month in which this

Act is enacted [September 1960]; or

"(B) who is (or would, but for the provisions of section

215(f)(6) of the Social Security Act [section 415(f)(6) of this

title], be) entitled to a recomputation of his primary insurance

amount under section 215(f)(2)(A) of such Act on the basis of an

application filed in or after the month in which this Act is

enacted [September 1960]; or

"(C) who dies without becoming entitled to benefits under

section 202(a) or 223 of the Social Security Act [section 402(a)

or 423 of this title], and (unless he dies a currently insured

individual but not a fully insured individual (as those terms are

defined in section 214 of such Act [section 414 of this title]))

without leaving any individual entitled (on the basis of his

wages and self-employment income) to survivor's benefits or a

lump-sum death payment under section 202 of such Act [section 402

of this title] on the basis of an application filed prior to the

month in which this Act is enacted [September 1960]; or

"(D) who dies in or after the month in which this Act is

enacted [September 1960] and whose survivors are (or would, but

for the provisions of section 215(f)(6) of the Social Security

Act [section 415(f)(6) of this title], be) entitled to a

recomputation of his primary insurance amount under section

215(f)(4)(A) of such Act; or

"(E) who dies prior to the month in which this Act is enacted

[September 1960] and (i) whose survivors are (or would, but for

the provisions of section 215(f)(6) of the Social Security Act,

be) entitled to a recomputation of his primary insurance amount

under section 215(f)(4)(A) of such Act [section 415(f)(4)(A) of

this title], and (ii) on the basis of whose wages and

self-employment income no individual was entitled to survivor's

benefits or a lump-sum death payment under section 202 of such

Act [section 402 of this title] on the basis of an application

filed prior to the month in which this Act is enacted [September

1960] (and no individual was entitled to such a benefit, without

the filing of an application, for any month prior to the month in

which this Act is enacted [September 1960]); or

"(F) who files an application for a recomputation under section

102(f)(2)(B) of the Social Security Amendments of 1954 [set out

as a note under section 415 of this title] in or after the month

in which this Act is enacted [September 1960] and is (or would,

but for the fact that such recomputation would not result in a

higher primary insurance amount, be) entitled to have his primary

insurance amount recomputed under such subparagraph; or

"(G) who dies and whose survivors are (or would, but for the

fact that such recomputation would not result in a higher primary

insurance amount for such individual, be) entitled, on the basis

of an application filed in or after the month in which this Act

[September 1960] is enacted, to have his primary insurance amount

recomputed under section 102(f)(2)(B) of the Social Security

Amendments of 1954 [set out as a note under section 415 of this

title].

"(2) The amendment made by subsection (a) [amending this section]

shall also be applicable in the case of applications for disability

determination under section 216(i) of the Social Security Act

[section 416(i) of this title] filed in or after the month in which

this Act is enacted [September 1960].

"(3) Notwithstanding any other provisions of this subsection, in

the case of any individual who would not be a fully insured

individual under section 214(a) of the Social Security Act [section

414(a) of this title] except for the enactment of this section, no

benefits shall be payable on the basis of his wages and

self-employment income for any month prior to the month in which

this Act is enacted [September 1960]."

Section 3 of Pub. L. 86-442 provided in part that: "This

amendment [amending this section] shall be applicable in the case

of monthly benefits under title II of the Social Security Act [this

subchapter] for months after June 1957, and in the case of the

lump-sum death payments under such title, with respect to deaths

occurring after such month; the requirements for filing

applications for such benefits and payments within certain time

limits, as prescribed in sections 202(i) and 202(j) of such title

[sections 402(i) and 402(j) of this title], shall not apply if an

application is filed within the one-year period beginning with the

first day of the month after the month in which this Act is enacted

[April 1960]."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 106(h) of act Sept. 1, 1954, provided that:

"Notwithstanding the provisions of section 215(f)(1) of the Social

Security Act [section 415(f) of this title], the amendments made by

subsections (a), (b), (c), (d), (e), and (f) of this section

[amending this section and sections 414 to 417 of this title and

section 228e of Title 45, Railroads] shall apply with respect to

monthly benefits under title II of the Social Security Act

[subchapter II of this chapter] for months after June 1955, and

with respect to lump-sum death payments under such title in the

case of deaths occurring after June 1955; but no recomputation of

benefits by reason of such amendments shall be regarded as a

recomputation for purposes of section 215(f) of the Social Security

Act [section 415(f) of this title]."

EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT

Section 3(f) of act July 18, 1952, provided that:

"Notwithstanding the provisions of section 215(f)(1) of the Social

Security Act [section 415(f)(1) of this title], the amendments made

by subsections (a), (b), (c), and (d) of this section [amending

this section and sections 414 to 416, 420, and 421 of this title]

shall apply to monthly benefits under title II of the Social

Security Act [subchapter II of this chapter] for months after June

1953, and to lump-sum death payments under such title in the case

of deaths occurring after June 1953; but no recomputation of

benefits by reason of such amendments shall be regarded as a

recomputation for purposes of section 215(f) of the Social Security

Act [section 415(f) of this title]."

Section 3(g) of act July 18, 1952, provided that:

"Notwithstanding the preceding provisions of this section and the

amendments made thereby [amending this section and sections 414 to

416, 420, and 421 of this title], such provisions and amendments

shall cease to be in effect at the close of June 30, 1953, and

after such amendments cease to be in effect any provision of law

amended thereby shall be in full force and effect as though this

Act had not been enacted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 430, 433, 1395i-2 of

this title.

-End-

-CITE-

42 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 414. Insured status for purposes of old-age and survivors

insurance benefits

-STATUTE-

For the purposes of this subchapter -

(a) "Fully insured individual" defined

The term "fully insured individual" means any individual who had

not less than -

(1) one quarter of coverage (whenever acquired) for each

calendar year elapsing after 1950 (or, if later, the year in

which he attained age 21) and before the year in which he died or

(if earlier) the year in which he attained age 62, except that in

no case shall an individual be a fully insured individual unless

he has at least 6 quarters of coverage; or

(2) 40 quarters of coverage; or

(3) in the case of an individual who died before 1951, 6

quarters of coverage;

not counting as an elapsed year for purposes of paragraph (1) any

year any part of which was included in a period of disability (as

defined in section 416(i) of this title).

(b) "Currently insured individual" defined

The term "currently insured individual" means any individual who

had not less than six quarters of coverage during the

thirteen-quarter period ending with (1) the quarter in which he

died, (2) the quarter in which he became entitled to old-age

insurance benefits, (3) the quarter in which he became entitled to

primary insurance benefits under this subchapter as in effect prior

to August 28, 1950, or (4) in the case of any individual entitled

to disability insurance benefits, the quarter in which he most

recently became entitled to disability insurance benefits, not

counting as part of such thirteen-quarter period any quarter any

part of which was included in a period of disability unless such

quarter was a quarter of coverage.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 214, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 505; amended

July 18, 1952, ch. 945, Sec. 3(b), 66 Stat. 770; Sept. 1, 1954, ch.

1206, title I, Secs. 106(b), 108(a), 68 Stat. 1079, 1083; Aug. 1,

1956, ch. 836, title I, Sec. 108, 70 Stat. 830; Pub. L. 85-840,

title II, Sec. 205(l), Aug. 28, 1958, 72 Stat. 1025; Pub. L.

86-778, title II, Sec. 204(a), Sept. 13, 1960, 74 Stat. 948; Pub.

L. 87-64, title I, Sec. 103(a), June 30, 1961, 75 Stat. 137; Pub.

L. 92-603, title I, Sec. 104(a), Oct. 30, 1972, 86 Stat. 1340.)

-MISC1-

AMENDMENTS

1972 - Subsec. (a)(1). Pub. L. 92-603 struck out provisions

setting a separate age computation point for women and reduced from

age 65 to age 62 the age computation point for men.

1961 - Subsec. (a). Pub. L. 87-64 required one quarter of

coverage for each calendar year elapsing after 1950 (or after the

year in which the individual attained age 21, if that was later

than 1950) instead of one quarter of coverage for each three of the

quarters elapsing after 1950, and struck out "unless such quarter

was a quarter of coverage" after "a period of disability (as

defined in section 41i(i) of this title)".

1960 - Subsec. (a). Pub. L. 86-778 changed provisions which

required an individual to have one quarter of coverage for each two

quarters to provide that an individual is fully insured if he has

not less than one quarter of coverage for each three quarters

elapsing after Dec. 31, 1950, or, if later, December 31 of the year

in which he attained the age of 21 years, and inserted provisions

defining fully insured in the case of an individual who died prior

to 1951 as one who had six quarters of coverage.

1958 - Subsec. (b). Pub. L. 85-840 included within definition of

"currently insured individual" an individual entitled to disability

insurance benefits who has not less than six quarters of coverage

during the thirteen-quarter period ending with the quarter in which

he most recently became entitled to disability insurance benefits.

1956 - Subsec. (a)(3). Act Aug. 1, 1956, provided that an

individual who had at least six quarters of coverage after 1954

would be fully insured if all but four of the quarters elapsing

after 1954 and prior to July 1, 1957, or if later, the quarter in

which he attained retirement age or died, whichever first occurred,

are quarters of coverage.

1954 - Subsec. (a)(2)(B). Act Sept. 1, 1954, Sec. 106(b)(1),

excluded from the elapsed period under subsec. (a)(2)(A) any

quarter any part of which was included in a period of disability,

unless such quarter was a quarter of coverage.

Subsec. (a)(3), (4). Act Sept. 1, 1954, Sec. 108(a), added par.

(3) and redesignated former par. (3) as (4).

Subsec. (b). Act Sept. 1, 1954, Sec. 106(b)(2), inserted ", not

counting as part of such thirteen-quarter period any quarter any

part of which was included in a period of disability unless such

quarter was a quarter of coverage."

1952 - Subsec. (a)(2)(B). Act July 18, 1952, Sec. 3(b)(1),

inserted "not counting as an elapsed quarter for purposes of

subparagraph (A) any quarter any part of which was included in a

period of disability (as defined in section 416(i) of this title

unless such quarter was a quarter of coverage".

Subsec. (b). Act July 18, 1952, Sec. 3(b)(2), inserted "not

counting as part of such thirteen-quarter period any quarter any

part of which was included in a period of disability unless such

quarter was a quarter of coverage" after "August 28, 1950".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 104(j) of Pub. L. 92-603 provided that:

"(1) The amendments made by this section [amending this section

and sections 415, 416, 423, and 427 of this title and provisions

set out as a note under section 415 of this title] (except the

amendment made by subsection (i), and the amendment made by

subsection (g) to section 209(i) of the Social Security Act) shall

apply only in the case of a man who attains (or would attain) age

62 after December 1974. The amendment made by subsection (i), and

the amendment made by subsection (g) to section 209(i) of the

Social Security Act [section 409(i) of this title and section

3121(a)(9) of Title 26, Internal Revenue Code], shall apply only

with respect to payments after 1974.

"(2) In the case of a man who attains age 62 prior to 1975, the

number of his elapsed years for purposes of section 215(b)(3) of

the Social Security Act [section 415(b)(3) of this title] shall be

equal to (A) the number determined under such section as in effect

on September 1, 1972, or (B) if less, the number determined as

though he attained age 65 in 1975, except that monthly benefits

under title II of the Social Security Act [this subchapter] for

months prior to January 1973 payable on the basis of his wages and

self-employment income shall be determined as though this section

had not been enacted.

"(3)(A) In the case of a man who attains or will attain age 62 in

1973, the figure '65' in sections 214(a)(1), 223(c)(1)(A), and

216(i)(3)(A) of the Social Security Act [subsec. (a)(1) of this

section and sections 423(c)(1)(A) and 416(i)(3)(A) of this title]

shall be deemed to read '64'.

"(B) In the case of a man who attains or will attain age 62 in

1974, the figure '65' in sections 214(a)(1), 223(c)(1)(A), and

216(i)(3)(A) of the Social Security Act [subsec. (a)(1) of this

section and sections 423(c)(1)(A) and 416(i)(3)(A) of this title]

shall be deemed to read '63'."

EFFECTIVE DATE OF 1961 AMENDMENT

Section 103(b) of Pub. L. 87-64 provided that: "The amendment

made by subsection (a) [amending this section] shall apply -

"(1) in the case of monthly benefits under title II of the

Social Security Act [this subchapter] for months beginning on or

after the effective date of this title [see note set out under

section 402 of this title], based on applications filed in or

after March 1961,

"(2) in the case of lump-sum death payments under such title

with respect to deaths on or after the effective date of this

title, and

"(3) in the case of an application for a disability

determination (with respect to a period of disability, as defined

in section 216(i) of such Act [section 416(i) of this title])

filed in or after March 1961."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 204(d)(1) of Pub. L. 86-778 provided that: "The

amendments made by subsections (a) and (b) of this section

[amending this section and provisions set out as a note under

section 415 of this title] shall be applicable (A) in the case of

monthly benefits under title II of the Social Security Act [this

subchapter], for months after the month in which this Act is

enacted [September 1960], on the basis of applications filed in or

after such month, (B) in the case of lump-sum death payments under

such title with respect to deaths occurring after such month, and

(C) in the case of an application for a disability determination

with respect to a period of disability (as defined in section

216(i) of the Social Security Act [section 416(i) of this title])

filed after such month."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 205(l) of Pub. L. 85-840 applicable with

respect to monthly benefits under this subchapter for months after

August 1958, but only if an application for such benefits is filed

on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85-840,

set out as a note under section 416 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by section 106(b) of act Sept. 1, 1954, applicable with

respect to monthly benefits under subchapter II of this chapter for

months after June 1955, and with respect to lump-sum death payments

under such subchapter in the case of deaths occurring after June

1955; but that no recomputation of benefits by reason of such

amendments shall be regarded as a recomputation for purposes of

section 415(f) of this title, see section 106(h) of act Sept. 1,

1954, set out as a note under section 413 of this title.

EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT

For effective and termination dates of amendment by act July 18,

1952, see section 3(f), (g) of act July 18, 1952, set out as a note

under section 413 of this title.

EMPLOYEES OF NONPROFIT ORGANIZATIONS AS FULLY INSURED INDIVIDUALS

Pub. L. 98-21, title I, Sec. 102(e), Apr. 20, 1983, 97 Stat. 71,

as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that:

"(1) If any individual -

"(A) on January 1, 1984, is age 55 or over, and is an employee

of an organization described in section 210(a)(8)(B) of the

Social Security Act [42 U.S.C. 410(a)(8)(B)] (A) which does not

have in effect (on that date) a waiver certificate under section

3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C.

1954] [26 U.S.C. 3121(k)] and (B) to the employees of which

social security coverage is extended on January 1, 1984, solely

by reason of the enactment of this section [amending section 410

of this title and section 3121 of Title 26, Internal Revenue

Code, and enacting provisions set out as notes under section 3121

of Title 26], and

"(B) after December 31, 1983, acquires the number of quarters

of coverage (within the meaning of section 213 of the Social

Security Act [section 413 of this title]) which is required for

purposes of this subparagraph under paragraph (2),

then such individual shall be deemed to be a fully insured

individual (as defined in section 214 of the Social Security Act

[this section]) for all of the purposes of title II of such Act

[this subchapter].

"(2) The number of quarters of coverage which is required for

purposes of subparagraph (B) of paragraph (1) shall be determined

as follows:

"In the case of an individual The number of

quarters

who on January 1, 1984, of coverage so

required

is - shall be -

age 60 or over 6

age 59 or over but less than age 60 8

age 58 or over but less than age 59 12

age 57 or over but less than age 58 16

age 55 or over but less than age 57 20."

DETERMINATION OF ENTITLEMENT TO MONTHLY BENEFITS FOR SEPT. 1960 AND

PRIOR MONTHS AND INDIVIDUAL'S CLOSING DATE PRIOR TO 1960

Section 204(d)(2) of Pub. L. 86-778 provided that the provisions

of subsec. (a) of this section in effect prior to Sept. 13, 1960,

and the provisions of section 109 of act Sept. 1, 1954, ch. 1206,

68 Stat. 1084, set out as a note under section 415 of this title,

as in effect prior to such date were to apply for purposes of

determining entitlement to monthly benefits under this subchapter

for Sept. 1960 and prior months with respect to wages and

self-employment income of an individual and for purposes of

determining an individual's closing date prior to 1960 under

section 415(b)(3)(B) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 413, 416, 423,

426-1, 427 of this title; title 5 sections 8349, 8421; title 38

section 1312; title 45 section 231.

-End-

-CITE-

42 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 415. Computation of primary insurance amount

-STATUTE-

For the purposes of this subchapter -

(a) Primary insurance amount

(1)(A) The primary insurance amount of an individual shall

(except as otherwise provided in this section) be equal to the sum

of -

(i) 90 percent of the individual's average indexed monthly

earnings (determined under subsection (b) of this section) to the

extent that such earnings do not exceed the amount established

for purposes of this clause by subparagraph (B),

(ii) 32 percent of the individual's average indexed monthly

earnings to the extent that such earnings exceed the amount

established for purposes of clause (i) but do not exceed the

amount established for purposes of this clause by subparagraph

(B), and

(iii) 15 percent of the individual's average indexed monthly

earnings to the extent that such earnings exceed the amount

established for purposes of clause (ii),

rounded, if not a multiple of $0.10, to the next lower multiple of

$0.10, and thereafter increased as provided in subsection (i) of

this section.

(B)(i) For individuals who initially become eligible for old-age

or disability insurance benefits, or who die (before becoming

eligible for such benefits), in the calendar year 1979, the amount

established for purposes of clause (i) and (ii) of subparagraph (A)

shall be $180 and $1,085, respectively.

(ii) For individuals who initially become eligible for old-age or

disability insurance benefits, or who die (before becoming eligible

for such benefits), in any calendar year after 1979, each of the

amounts so established shall equal the product of the corresponding

amount established with respect to the calendar year 1979 under

clause (i) of this subparagraph and the quotient obtained by

dividing -

(I) the national average wage index (as defined in section

409(k)(1) of this title) for the second calendar year preceding

the calendar year for which the determination is made, by

(II) the national average wage index (as so defined) for 1977.

(iii) Each amount established under clause (ii) for any calendar

year shall be rounded to the nearest $1, except that any amount so

established which is a multiple of $0.50 but not of $1 shall be

rounded to the next higher $1.

(C)(i) No primary insurance amount computed under subparagraph

(A) may be less than an amount equal to $11.50 multiplied by the

individual's years of coverage in excess of 10, or the increased

amount determined for purposes of this clause under subsection (i)

of this section.

(ii) For purposes of clause (i), the term "years of coverage"

with respect to any individual means the number (not exceeding 30)

equal to the sum of (I) the number (not exceeding 14 and

disregarding any fraction) determined by dividing (a) the total of

the wages credited to such individual (including wages deemed to be

paid prior to 1951 to such individual under section 417 of this

title, compensation under the Railroad Retirement Act of 1937 [45

U.S.C. 228a et seq.] prior to 1951 which is creditable to such

individual pursuant to this subchapter, and wages deemed to be paid

prior to 1951 to such individual under section 431 of this title)

for years after 1936 and before 1951 by (b) $900, plus (II) the

number equal to the number of years after 1950 each of which is a

computation base year (within the meaning of subsection

(b)(2)(B)(ii) of this section) and in each of which he is credited

with wages (including wages deemed to be paid to such individual

under section 417 of this title, compensation under the Railroad

Retirement Act of 1937 or 1974 [45 U.S.C. 228a et seq., 231 et

seq.] which is creditable to such individual pursuant to this

subchapter, and wages deemed to be paid to such individual under

section 429 of this title) and self-employment income of not less

than 25 percent (in the case of a year after 1950 and before 1978)

of the maximum amount which (pursuant to subsection (e) of this

section) may be counted for such year, or 25 percent (in the case

of a year after 1977 and before 1991) or 15 percent (in the case of

a year after 1990) of the maximum amount which (pursuant to

subsection (e) of this section) could be counted for such year if

section 430 of this title as in effect immediately prior to

December 20, 1977, had remained in effect without change (except

that, for purposes of subsection (b) of such section 430 of this

title as so in effect, the reference to the contribution and

benefit base in paragraph (1) of such subsection (b) shall be

deemed a reference to an amount equal to $45,000, each reference in

paragraph (2) of such subsection (b) to the average of the wages of

all employees as reported to the Secretary of the Treasury shall be

deemed a reference to the national average wage index (as defined

in section 409(k)(1) of this title), the reference to a preceding

calendar year in paragraph (2)(A) of such subsection (b) shall be

deemed a reference to the calendar year before the calendar year in

which the determination under subsection (a) of such section 430 of

this title is made, and the reference to a calendar year in

paragraph (2)(B) of such subsection (b) shall be deemed a reference

to 1992).

(D) In each calendar year the Commissioner of Social Security

shall publish in the Federal Register, on or before November 1, the

formula for computing benefits under this paragraph and for

adjusting wages and self-employment income under subsection (b)(3)

of this section in the case of an individual who becomes eligible

for an old-age insurance benefit, or (if earlier) becomes eligible

for a disability insurance benefit or dies, in the following year,

and the national average wage index (as defined in section

409(k)(1) of this title) on which that formula is based.

(2)(A) A year shall not be counted as the year of an individual's

death or eligibility for purposes of this subsection or subsection

(i) of this section in any case where such individual was entitled

to a disability insurance benefit for any of the 12 months

immediately preceding the month of such death or eligibility (but

there shall be counted instead the year of the individual's

eligibility for the disability insurance benefit or benefits to

which he was entitled during such 12 months).

(B) In the case of an individual who was entitled to a disability

insurance benefit for any of the 12 months before the month in

which he became entitled to an old-age insurance benefit, became

reentitled to a disability insurance benefit, or died, the primary

insurance amount for determining any benefit attributable to that

entitlement, reentitlement, or death is the greater of -

(i) the primary insurance amount upon which such disability

insurance benefit was based, increased by the amount of each

general benefit increase (as defined in subsection (i)(3) of this

section), and each increase provided under subsection (i)(2) of

this section, that would have applied to such primary insurance

amount had the individual remained entitled to such disability

insurance benefit until the month in which he became so entitled

or reentitled or died, or

(ii) the amount computed under paragraph (1)(C).

(C) In the case of an individual who was entitled to a disability

insurance benefit for any month, and with respect to whom a primary

insurance amount is required to be computed at any time after the

close of the period of the individual's disability (whether because

of such individual's subsequent entitlement to old-age insurance

benefits or to a disability insurance benefit based upon a

subsequent period of disability, or because of such individual's

death), the primary insurance amount so computed may in no case be

less than the primary insurance amount with respect to which such

former disability insurance benefit was most recently determined.

(3)(A) Paragraph (1) applies only to an individual who was not

eligible for an old-age insurance benefit prior to January 1979 and

who in that or any succeeding month -

(i) becomes eligible for such a benefit,

(ii) becomes eligible for a disability insurance benefit, or

(iii) dies,

and (except for subparagraph (C)(i) thereof) it applies to every

such individual except to the extent otherwise provided by

paragraph (4).

(B) For purposes of this subchapter, an individual is deemed to

be eligible -

(i) for old-age insurance benefits, for months beginning with

the month in which he attains age 62, or

(ii) for disability insurance benefits, for months beginning

with the month in which his period of disability began as

provided under section 416(i)(2)(C) of this title,

except as provided in paragraph (2)(A) in cases where fewer than 12

months have elapsed since the termination of a prior period of

disability.

(4) Paragraph (1) (except for subparagraph (C)(i) thereof) does

not apply to the computation or recomputation of a primary

insurance amount for -

(A) an individual who was eligible for a disability insurance

benefit for a month prior to January 1979 unless, prior to the

month in which occurs the event described in clause (i), (ii), or

(iii) of paragraph (3)(A), there occurs a period of at least 12

consecutive months for which he was not entitled to a disability

insurance benefit, or

(B) an individual who had wages or self-employment income

credited for one or more years prior to 1979, and who was not

eligible for an old-age or disability insurance benefit, and did

not die, prior to January 1979, if in the year for which the

computation or recomputation would be made the individual's

primary insurance amount would be greater if computed or

recomputed -

(i) under this subsection as in effect in December 1978, for

purposes of old-age insurance benefits in the case of an

individual who becomes eligible for such benefits prior to

1984, or

(ii) as provided by subsection (d) of this section, in the

case of an individual to whom such section applies.

In determining whether an individual's primary insurance amount

would be greater if computed or recomputed as provided in

subparagraph (B), (I) the table of benefits in effect in December

1978, as modified by paragraph (6), shall be applied without regard

to any increases in that table which may become effective (in

accordance with subsection (i)(4) of this section) for years after

1978 (subject to clause (iii) of subsection (i)(2)(A) of this

section) and (II) such individual's average monthly wage shall be

computed as provided by subsection (b)(4) of this section.

(5)(A) Subject to subparagraphs (B), (C), (D) and (E), for

purposes of computing the primary insurance amount (after December

1978) of an individual to whom paragraph (1) does not apply (other

than an individual described in paragraph (4)(B)), this section as

in effect in December 1978 shall remain in effect, except that,

effective for January 1979, the dollar amount specified in

paragraph (3) of this subsection shall be increased to $11.50.

(B)(i) Subject to clauses (ii), (iii), and (iv), and

notwithstanding any other provision of law, the primary insurance

amount of any individual described in subparagraph (C) shall be, in

lieu of the primary insurance amount as computed pursuant to any of

the provisions referred to in subparagraph (D), the primary

insurance amount computed under subsection (a) of this section as

in effect in December 1978, without regard to subsections (b)(4)

and (c) of this section as so in effect.

(ii) The computation of a primary insurance amount under this

subparagraph shall be subject to section 104(j)(2) of the Social

Security Amendments of 1972 (relating to the number of elapsed

years under subsection (b) of this section).

(iii) In computing a primary insurance amount under this

subparagraph, the dollar amount specified in paragraph (3) of

subsection (a) of this section (as in effect in December 1978)

shall be increased to $11.50.

(iv) In the case of an individual to whom subsection (d) of this

section applies, the primary insurance amount of such individual

shall be the greater of -

(I) the primary insurance amount computed under the preceding

clauses of this subparagraph, or

(II) the primary insurance amount computed under subsection (d)

of this section.

(C) An individual is described in this subparagraph if -

(i) paragraph (1) does not apply to such individual by reason

of such individual's eligibility for an old-age or disability

insurance benefit, or the individual's death, prior to 1979, and

(ii) such individual's primary insurance amount computed under

this section as in effect immediately before November 5, 1990,

would have been computed under the provisions described in

subparagraph (D).

(D) The provisions described in this subparagraph are -

(i) the provisions of this subsection as in effect prior to

July 30, 1965, if such provisions would preclude the use of wages

prior to 1951 in the computation of the primary insurance amount,

(ii) the provisions of section 409 of this title as in effect

prior to August 28, 1950, and

(iii) the provisions of subsection (d) of this section as in

effect prior to December 20, 1977.

(E) For purposes of this paragraph, the table for determining

primary insurance amounts and maximum family benefits contained in

this section in December 1978 shall be revised as provided by

subsection (i) of this section for each year after 1978.

(6)(A) In applying the table of benefits in effect in December

1978 under this section for purposes of the last sentence of

paragraph (4), such table, revised as provided by subsection (i) of

this section, as applicable, shall be extended for average monthly

wages of less than $76.00 and primary insurance benefits (as

determined under subsection (d) of this section) of less than

$16.20.

(B) The Commissioner of Social Security shall determine and

promulgate in regulations the methodology for extending the table

under subparagraph (A).

(7)(A) In the case of an individual whose primary insurance

amount would be computed under paragraph (1) of this subsection,

who -

(i) attains age 62 after 1985 (except where he or she became

entitled to a disability insurance benefit before 1986 and

remained so entitled in any of the 12 months immediately

preceding his or her attainment of age 62), or

(ii) would attain age 62 after 1985 and becomes eligible for a

disability insurance benefit after 1985,

and who first becomes eligible after 1985 for a monthly periodic

payment (including a payment determined under subparagraph (C), but

excluding (I) a payment under the Railroad Retirement Act of 1974

or 1937 [45 U.S.C. 231 et seq., 228a et seq.], (II) a payment by a

social security system of a foreign country based on an agreement

concluded between the United States and such foreign country

pursuant to section 433 of this title, and (III) a payment based

wholly on service as a member of a uniformed service (as defined in

section 410(m) of this title)) which is based in whole or in part

upon his or her earnings for service which did not constitute

"employment" as defined in section 410 of this title for purposes

of this subchapter (hereafter in this paragraph and in subsection

(d)(3) of this section referred to as "noncovered service"), the

primary insurance amount of that individual during his or her

concurrent entitlement to such monthly periodic payment and to

old-age or disability insurance benefits shall be computed or

recomputed under subparagraph (B).

(B)(i) If paragraph (1) of this subsection would apply to such an

individual (except for subparagraph (A) of this paragraph), there

shall first be computed an amount equal to the individual's primary

insurance amount under paragraph (1) of this subsection, except

that for purposes of such computation the percentage of the

individual's average indexed monthly earnings established by

subparagraph (A)(i) of paragraph (1) shall be the percent specified

in clause (ii). There shall then be computed (without regard to

this paragraph) a second amount, which shall be equal to the

individual's primary insurance amount under paragraph (1) of this

subsection, except that such second amount shall be reduced by an

amount equal to one-half of the portion of the monthly periodic

payment which is attributable to noncovered service performed after

1956 (with such attribution being based on the proportionate number

of years of such noncovered service) and to which the individual is

entitled (or is deemed to be entitled) for the initial month of his

or her concurrent entitlement to such monthly periodic payment and

old-age or disability insurance benefits. The individual's primary

insurance amount shall be the larger of the two amounts computed

under this subparagraph (before the application of subsection (i)

of this section) and shall be deemed to be computed under paragraph

(1) of this subsection for the purpose of applying other provisions

of this subchapter.

(ii) For purposes of clause (i), the percent specified in this

clause is -

(I) 80.0 percent with respect to individuals who become

eligible (as defined in paragraph (3)(B)) for old-age insurance

benefits (or became eligible as so defined for disability

insurance benefits before attaining age 62) in 1986;

(II) 70.0 percent with respect to individuals who so become

eligible in 1987;

(III) 60.0 percent with respect to individuals who so become

eligible in 1988;

(IV) 50.0 percent with respect to individuals who so become

eligible in 1989; and

(V) 40.0 percent with respect to individuals who so become

eligible in 1990 or thereafter.

(C)(i) Any periodic payment which otherwise meets the

requirements of subparagraph (A), but which is paid on other than a

monthly basis, shall be allocated on a basis equivalent to a

monthly payment (as determined by the Commissioner of Social

Security), and such equivalent monthly payment shall constitute a

monthly periodic payment for purposes of this paragraph.

(ii) In the case of an individual who has elected to receive a

periodic payment that has been reduced so as to provide a

survivor's benefit to any other individual, the payment shall be

deemed to be increased (for purposes of any computation under this

paragraph or subsection (d)(3) of this section) by the amount of

such reduction.

(iii) For purposes of this paragraph, the term "periodic payment"

includes a payment payable in a lump sum if it is a commutation of,

or a substitute for, periodic payments.

(D) This paragraph shall not apply in the case of an individual

who has 30 years or more of coverage. In the case of an individual

who has more than 20 years of coverage but less than 30 years of

coverage (as so defined), the percent specified in the applicable

subdivision of subparagraph (B)(ii) shall (if such percent is

smaller than the applicable percent specified in the following

table) be deemed to be the applicable percent specified in the

following table:

If the number of such individual's

years of coverage (as so The applicable

defined) is: percent is:

29 85 percent

28 80 percent

27 75 percent

26 70 percent

25 65 percent

24 60 percent

23 55 percent

22 50 percent

21 45 percent.

For purposes of this subparagraph, the term "year of coverage"

shall have the meaning provided in paragraph (1)(C)(ii), except

that the reference to "15 percent" therein shall be deemed to be a

reference to "25 percent".

(E) This paragraph shall not apply in the case of an individual

whose eligibility for old-age or disability insurance benefits is

based on an agreement concluded pursuant to section 433 of this

title or an individual who on January 1, 1984 -

(i) is an employee performing service to which social security

coverage is extended on that date solely by reason of the

amendments made by section 101 of the Social Security Amendments

of 1983; or

(ii) is an employee of a nonprofit organization which (on

December 31, 1983) did not have in effect a waiver certificate

under section 3121(k) of the Internal Revenue Code of 1954 and to

the employees of which social security coverage is extended on

that date solely by reason of the amendments made by section 102

of that Act, unless social security coverage had previously

extended to service performed by such individual as an employee

of that organization under a waiver certificate which was

subsequently (prior to December 31, 1983) terminated.

(b) Average indexed monthly earnings; average monthly wage

(1) An individual's average indexed monthly earnings shall be

equal to the quotient obtained by dividing -

(A) the total (after adjustment under paragraph (3)) of his

wages paid in and self-employment income credited to his benefit

computation years (determined under paragraph (2)), by

(B) the number of months in those years.

(2)(A) The number of an individual's benefit computation years

equals the number of elapsed years reduced -

(i) in the case of an individual who is entitled to old-age

insurance benefits (except as provided in the second sentence of

this subparagraph), or who has died, by 5 years, and

(ii) in the case of an individual who is entitled to disability

insurance benefits, by the number of years equal to one-fifth of

such individual's elapsed years (disregarding any resulting

fractional part of a year), but not by more than 5 years.

Clause (ii), once applicable with respect to any individual, shall

continue to apply for purposes of determining such individual's

primary insurance amount for purposes of any subsequent eligibility

for disability or old-age insurance benefits unless prior to the

month in which such eligibility begins there occurs a period of at

least 12 consecutive months for which he was not entitled to a

disability or an old-age insurance benefit. If an individual

described in clause (ii) is living with a child (of such individual

or his or her spouse) under the age of 3 in any calendar year which

is included in such individual's computation base years, but which

is not disregarded pursuant to clause (ii) or to subparagraph (B)

(in determining such individual's benefit computation years) by

reason of the reduction in the number of such individual's elapsed

years under clause (ii), the number by which such elapsed years are

reduced under this subparagraph pursuant to clause (ii) shall be

increased by one (up to a combined total not exceeding 3) for each

such calendar year; except that (I) no calendar year shall be

disregarded by reason of this sentence (in determining such

individual's benefit computation years) unless the individual was

living with such child substantially throughout the period in which

the child was alive and under the age of 3 in such year and the

individual had no earnings as described in section 403(f)(5) of

this title in such year, (II) the particular calendar years to be

disregarded under this sentence (in determining such benefit

computation years) shall be those years (not otherwise disregarded

under clause (ii)) which, before the application of subsection (f)

of this section, meet the conditions of subclause (I), and (III)

this sentence shall apply only to the extent that its application

would not result in a lower primary insurance amount. The number of

an individual's benefit computation years as determined under this

subparagraph shall in no case be less than 2.

(B) For purposes of this subsection with respect to any

individual -

(i) the term "benefit computation years" means those

computation base years, equal in number to the number determined

under subparagraph (A), for which the total of such individual's

wages and self-employment income, after adjustment under

paragraph (3), is the largest;

(ii) the term "computation base years" means the calendar years

after 1950 and before -

(I) in the case of an individual entitled to old-age

insurance benefits, the year in which occurred (whether by

reason of section 402(j)(1) of this title or otherwise) the

first month of that entitlement; or

(II) in the case of an individual who has died (without

having become entitled to old-age insurance benefits), the year

succeeding the year of his death;

except that such term excludes any calendar year entirely

included in a period of disability; and

(iii) the term "number of elapsed years" means (except as

otherwise provided by section 104(j)(2) of the Social Security

Amendments of 1972) the number of calendar years after 1950 (or,

if later, the year in which the individual attained age 21) and

before the year in which the individual died, or, if it occurred

earlier (but after 1960), the year in which he attained age 62;

except that such term excludes any calendar year any part of

which is included in a period of disability.

(3)(A) Except as provided by subparagraph (B), the wages paid in

and self-employment income credited to each of an individual's

computation base years for purposes of the selection therefrom of

benefit computation years under paragraph (2) shall be deemed to be

equal to the product of -

(i) the wages and self-employment income paid in or credited to

such year (as determined without regard to this subparagraph),

and

(ii) the quotient obtained by dividing -

(I) the national average wage index (as defined in section

409(k)(1) of this title) for the second calendar year preceding

the earliest of the year of the individual's death, eligibility

for an old-age insurance benefit, or eligibility for a

disability insurance benefit (except that the year in which the

individual dies, or becomes eligible, shall not be considered

as such year if the individual was entitled to disability

insurance benefits for any month in the 12-month period

immediately preceding such death or eligibility, but there

shall be counted instead the year of the individual's

eligibility for the disability insurance benefit to which he

was entitled in such 12-month period), by

(II) the national average wage index (as so defined) for the

computation base year for which the determination is made.

(B) Wages paid in or self-employment income credited to an

individual's computation base year which -

(i) occurs after the second calendar year specified in

subparagraph (A)(ii)(I), or

(ii) is a year treated under subsection (f)(2)(C) of this

section as though it were the last year of the period specified

in paragraph (2)(B)(ii),

shall be available for use in determining an individual's benefit

computation years, but without applying subparagraph (A) of this

paragraph.

(4) For purposes of determining the average monthly wage of an

individual whose primary insurance amount is computed (after 1978)

under subsection (a) or (d) of this section as in effect (except

with respect to the table contained therein) in December 1978, by

reason of subsection (a)(4)(B) of this section, this subsection as

in effect in December 1978 shall remain in effect, except that

paragraph (2)(C) (as then in effect) shall be deemed to provide

that "computation base years" include only calendar years in the

period after 1950 (or 1936, if applicable) and prior to the year in

which occurred the first month for which the individual was

eligible (as defined in subsection (a)(3)(B) of this section as in

effect in January 1979) for an old-age or disability insurance

benefit, or, if earlier, the year in which he died. Any calendar

year all of which is included in a period of disability shall not

be included as a computation base year for such purposes.

(c) Application of prior provisions in certain cases

Subject to the amendments made by section 5117 of the Omnibus

Budget Reconciliation Act of 1990, this subsection as in effect in

December 1978 shall remain in effect with respect to an individual

to whom subsection (a)(1) of this section does not apply by reason

of the individual's eligibility for an old-age or disability

insurance benefit, or the individual's death, prior to 1979.

(d) Primary insurance amount under 1939 Act

(1) For purposes of column I of the table appearing in subsection

(a) of this section, as that subsection was in effect in December

1977, an individual's primary insurance benefit shall be computed

as follows:

(A) The individual's average monthly wage shall be determined

as provided in subsection (b) of this section, as in effect in

December 1977 (but without regard to paragraph (4) thereof and

subject to section 104(j)(2) of the Social Security Amendments of

1972), except that for purposes of paragraphs (2)(C) and (3) of

that subsection (as so in effect) 1936 shall be used instead of

1950.

(B) For purposes of subparagraphs (B) and (C) of subsection

(b)(2) of this section (as so in effect) -

(i) the total wages prior to 1951 (as defined in subparagraph

(C) of this paragraph) of an individual -

(I) shall, in the case of an individual who attained age 21

prior to 1950, be divided by the number of years (hereinafter

in this subparagraph referred to as the "divisor") elapsing

after the year in which the individual attained age 20, or

1936 if later, and prior to the earlier of the year of death

or 1951, except that such divisor shall not include any

calendar year entirely included in a period of disability,

and in no case shall the divisor be less than one, and

(II) shall, in the case of an individual who died before

1950 and before attaining age 21, be divided by the number of

years (hereinafter in this subparagraph referred to as the

"divisor") elapsing after the second year prior to the year

of death, or 1936 if later, and prior to the year of death,

and in no case shall the divisor be less than one; and

(ii) the total wages prior to 1951 (as defined in

subparagraph (C) of this paragraph) of an individual who either

attained age 21 after 1949 or died after 1949 before attaining

age 21, shall be divided by the number of years (hereinafter in

this subparagraph referred to as the "divisor") elapsing after

1949 and prior to 1951.

The quotient so obtained shall be deemed to be the individual's

wages credited to each of the years which were used in computing

the amount of the divisor, except that -

(iii) if the quotient exceeds $3,000, only $3,000 shall be

deemed to be the individual's wages for each of the years which

were used in computing the amount of the divisor, and the

remainder of the individual's total wages prior to 1951 (I) if

less than $3,000, shall be deemed credited to the computation

base year (as defined in subsection (b)(2) of this section as

in effect in December 1977) immediately preceding the earliest

year used in computing the amount of the divisor, or (II) if

$3,000 or more, shall be deemed credited, in $3,000 increments,

to the computation base year (as so defined) immediately

preceding the earliest year used in computing the amount of the

divisor and to each of the computation base years (as so

defined) consecutively preceding that year, with any remainder

less than $3,000 being credited to the computation base year

(as so defined) immediately preceding the earliest year to

which a full $3,000 increment was credited; and

(iv) no more than $42,000 may be taken into account, for

purposes of this subparagraph, as total wages after 1936 and

prior to 1951.

(C) For the purposes of subparagraph (B), "total wages prior to

1951" with respect to an individual means the sum of (i)

remuneration credited to such individual prior to 1951 on the

records of the Commissioner of Social Security, (ii) wages deemed

paid prior to 1951 to such individual under section 417 of this

title, (iii) compensation under the Railroad Retirement Act of

1937 [45 U.S.C. 228a et seq.] prior to 1951 creditable to him

pursuant to this subchapter, and (iv) wages deemed paid prior to

1951 to such individual under section 431 of this title.

(D) The individual's primary insurance benefit shall be 40

percent of the first $50 of his average monthly wage as computed

under this subsection, plus 10 percent of the next $200 of his

average monthly wage, increased by 1 percent for each increment

year. The number of increment years is the number, not more than

14 nor less than 4, that is equal to the individual's total wages

prior to 1951 divided by $1,650 (disregarding any fraction).

(2) The provisions of this subsection shall be applicable only in

the case of an individual -

(A) with respect to whom at least one of the quarters elapsing

prior to 1951 is a quarter of coverage;

(B) who attained age 22 after 1950 and with respect to whom

less than six of the quarters elapsing after 1950 are quarters of

coverage, or who attained such age before 1951; and

(C)(i) who becomes entitled to benefits under section 402(a) or

423 of this title or who dies, or

(ii) whose primary insurance amount is required to be

recomputed under paragraph (2), (6), or (7) of subsection (f) of

this section or under section 431 of this title.

(3) In the case of an individual whose primary insurance amount

is not computed under paragraph (1) of subsection (a) of this

section by reason of paragraph (4)(B)(ii) of that subsection, who -

(A) attains age 62 after 1985 (except where he or she became

entitled to a disability insurance benefit before 1986, and

remained so entitled in any of the 12 months immediately

preceding his or her attainment of age 62), or

(B) would attain age 62 after 1985 and becomes eligible for a

disability insurance benefit after 1985,

and who first becomes eligible after 1985 for a monthly periodic

payment (including a payment determined under subsection (a)(7)(C)

of this section, but excluding (I) a payment under the Railroad

Retirement Act of 1974 or 1937 [45 U.S.C. 231 et seq., 228a et

seq.], (II) a payment by a social security system of a foreign

country based on an agreement concluded between the United States

and such foreign country pursuant to section 433 of this title, and

(III) a payment based wholly on service as a member of a uniformed

service (as defined in section 410(m) of this title)) which is

based (in whole or in part) upon his or her earnings in noncovered

service, the primary insurance amount of such individual during his

or her concurrent entitlement to such monthly periodic payment and

to old-age or disability insurance benefits shall be the primary

insurance amount computed or recomputed under this subsection

(without regard to this paragraph and before the application of

subsection (i) of this section) reduced by an amount equal to the

smaller of -

(i) one-half of the primary insurance amount (computed without

regard to this paragraph and before the application of subsection

(i) of this section), or

(ii) one-half of the portion of the monthly periodic payment

(or payment determined under subsection (a)(7)(C) of this

section) which is attributable to noncovered service performed

after 1956 (with such attribution being based on the

proportionate number of years of such noncovered service) and to

which that individual is entitled (or is deemed to be entitled)

for the initial month of such concurrent entitlement.

This paragraph shall not apply in the case of any individual to

whom subsection (a)(7) of this section would not apply by reason of

subparagraph (E) or the first sentence of subparagraph (D) thereof.

(e) Certain wages and self-employment income not to be counted

For the purposes of subsections (b) and (d) of this section -

(1) in computing an individual's average indexed monthly

earnings or, in the case of an individual whose primary insurance

amount is computed under subsection (a) of this section as in

effect prior to January 1979, average monthly wage, there shall

not be counted the excess over $3,600 in the case of any calendar

year after 1950 and before 1955, the excess over $4,200 in the

case of any calendar year after 1954 and before 1959, the excess

over $4,800 in the case of any calendar year after 1958 and

before 1966, the excess over $6,600 in the case of any calendar

year after 1965 and before 1968, the excess over $7,800 in the

case of any calendar year after 1967 and before 1972, the excess

over $9,000 in the case of any calendar year after 1971 and

before 1973, the excess over $10,800 in the case of any calendar

year after 1972 and before 1974, the excess over $13,200 in the

case of any calendar year after 1973 and before 1975, and the

excess over an amount equal to the contribution and benefit base

(as determined under section 430 of this title) in the case of

any calendar year after 1974 with respect to which such

contribution and benefit base is effective, (before the

application, in the case of average indexed monthly earnings, of

subsection (b)(3)(A) of this section) of (A) the wages paid to

him in such year, plus (B) the self-employment income credited to

such year (as determined under section 412 of this title); and

(2) if an individual's average indexed monthly earnings or, in

the case of an individual whose primary insurance amount is

computed under subsection (a) of this section as in effect prior

to January 1979, average monthly wage, computed under subsection

(b) of this section or for the purposes of subsection (d) of this

section is not a multiple of $1, it shall be reduced to the next

lower multiple of $1.

(f) Recomputation of benefits

(1) After an individual's primary insurance amount has been

determined under this section, there shall be no recomputation of

such individual's primary insurance amount except as provided in

this subsection or, in the case of a World War II veteran who died

prior to July 27, 1954, as provided in section 417(b) of this

title.

(2)(A) If an individual has wages or self-employment income for a

year after 1978 for any part of which he is entitled to old-age or

disability insurance benefits, the Commissioner of Social Security

shall, at such time or times and within such period as the

Commissioner may by regulation prescribe, recompute the

individual's primary insurance amount for that year.

(B) For the purpose of applying subparagraph (A) of subsection

(a)(1) of this section to the average indexed monthly earnings of

an individual to whom that subsection applies and who receives a

recomputation under this paragraph, there shall be used, in lieu of

the amounts established by subsection (a)(1)(B) of this section for

purposes of clauses (i) and (ii) of subsection (a)(1)(A) of this

section, the amounts so established that were (or, in the case of

an individual described in subsection (a)(4)(B) of this section,

would have been) used in the computation of such individual's

primary insurance amount prior to the application of this

subsection.

(C) A recomputation of any individual's primary insurance amount

under this paragraph shall be made as provided in subsection (a)(1)

of this section as though the year with respect to which it is made

is the last year of the period specified in subsection

(b)(2)(B)(ii) of this section; and subsection (b)(3)(A) of this

section shall apply with respect to any such recomputation as it

applied in the computation of such individual's primary insurance

amount prior to the application of this subsection.

(D) A recomputation under this paragraph with respect to any year

shall be effective -

(i) in the case of an individual who did not die in that year,

for monthly benefits beginning with benefits for January of the

following year; or

(ii) in the case of an individual who died in that year, for

monthly benefits beginning with benefits for the month in which

he died.

(3) Repealed. Pub. L. 95-216, title II, Sec. 201(f)(2), Dec. 20,

1977, 91 Stat. 1521.

(4) A recomputation shall be effective under this subsection only

if it increases the primary insurance amount by at least $1.

(5) In the case of a man who became entitled to old-age insurance

benefits and died before the month in which he attained retirement

age (as defined in section 416(l) of this title), the Commissioner

of Social Security shall recompute his primary insurance amount as

provided in subsection (a) of this section as though he became

entitled to old-age insurance benefits in the month in which he

died; except that (i) his computation base years referred to in

subsection (b)(2) of this section shall include the year in which

he died, and (ii) his elapsed years referred to in subsection

(b)(3) of this section shall not include the year in which he died

or any year thereafter. Such recomputation of such primary

insurance amount shall be effective for and after the month in

which he died.

(6) Upon the death after 1967 of an individual entitled to

benefits under section 402(a) or section 423 of this title, if any

person is entitled to monthly benefits or a lump-sum death payment,

on the wages and self-employment income of such individual, the

Commissioner of Social Security shall recompute the decedent's

primary insurance amount, but only if the decedent during his

lifetime was paid compensation which was treated under section

405(o) of this title as remuneration for employment.

(7) This subsection as in effect in December 1978 shall continue

to apply to the recomputation of a primary insurance amount

computed under subsection (a) or (d) of this section as in effect

(without regard to the table in subsection (a) of this section) in

that month, and, where appropriate, under subsection (d) as in

effect in December 1977, including a primary insurance amount

computed under any such subsection whose operation is modified as a

result of the amendments made by section 5117 of the Omnibus Budget

Reconciliation Act of 1990. For purposes of recomputing a primary

insurance amount determined under subsection (a) or (d) of this

section (as so in effect) in the case of an individual to whom

those subsections apply by reason of subsection (a)(4)(B) of this

section as in effect after December 1978, no remuneration shall be

taken into account for the year in which the individual initially

became eligible for an old-age or disability insurance benefit or

died, or for any year thereafter, and (effective January 1982) the

recomputation shall be modified by the application of subsection

(a)(6) of this section where applicable.

(8) The Commissioner of Social Security shall recompute the

primary insurance amounts applicable to beneficiaries whose

benefits are based on a primary insurance amount which was computed

under subsection (a)(3) of this section effective prior to January

1979, or would have been so computed if the dollar amount specified

therein were $11.50. Such recomputation shall be effective January

1979, and shall include the effect of the increase in the dollar

amount provided by subsection (a)(1)(C)(i) of this section. Such

primary insurance amount shall be deemed to be provided under such

section for purposes of subsection (i) of this section.

(9)(A) In the case of an individual who becomes entitled to a

periodic payment determined under subsection (a)(7)(A) of this

section (including a payment determined under subsection (a)(7)(C)

of this section) in a month subsequent to the first month in which

he or she becomes entitled to an old-age or disability insurance

benefit, and whose primary insurance amount has been computed

without regard to either such subsection or subsection (d)(3) of

this section, such individual's primary insurance amount shall be

recomputed (notwithstanding paragraph (4) of this subsection), in

accordance with either such subsection or subsection (d)(3) of this

section, as may be applicable, effective with the first month of

his or her concurrent entitlement to such benefit and such periodic

payment.

(B) If an individual's primary insurance amount has been computed

under subsection (a)(7) or (d)(3) of this section, and it becomes

necessary to recompute that primary insurance amount under this

subsection -

(i) so as to increase the monthly benefit amount payable with

respect to such primary insurance amount (except in the case of

the individual's death), such increase shall be determined as

though the recomputed primary insurance amount were being

computed under subsection (a)(7) or (d)(3) of this section, or

(ii) by reason of the individual's death, such primary

insurance amount shall be recomputed without regard to (and as

though it had never been computed with regard to) subsection

(a)(7) or (d)(3) of this section.

(g) Rounding of benefits

The amount of any monthly benefit computed under section 402 or

423 of this title which (after any reduction under sections 403(a)

and 424a of this title and any deduction under section 403(b) of

this title, and after any deduction under section 1395s(a)(1) of

this title) is not a multiple of $1 shall be rounded to the next

lower multiple of $1.

(h) Service of certain Public Health Service Officers

(1) Notwithstanding the provisions of subchapter III of chapter

83 of title 5, remuneration paid for service to which the

provisions of section 410(l)(1) of this title are applicable and

which is performed by an individual as a commissioned officer of

the Reserve Corps of the Public Health Service prior to July 1,

1960, shall not be included in computing entitlement to or the

amount of any monthly benefit under this subchapter, on the basis

of his wages and self-employment income, for any month after June

1960 and prior to the first month with respect to which the

Director of the Office of Personnel Management certifies to the

Commissioner of Social Security that, by reason of a waiver filed

as provided in paragraph (2), no further annuity will be paid to

him, his wife, and his children, or, if he has died, to his widow

and children, under subchapter III of chapter 83 of title 5 on the

basis of such service.

(2) In the case of a monthly benefit for a month prior to that in

which the individual, on whose wages and self-employment income

such benefit is based, dies, the waiver must be filed by such

individual; and such waiver shall be irrevocable and shall

constitute a waiver on behalf of himself, his wife, and his

children. If such individual did not file such a waiver before he

died, then in the case of a benefit for the month in which he died

or any month thereafter, such waiver must be filed by his widow, if

any, and by or on behalf of all his children, if any; and such

waivers shall be irrevocable. Such a waiver by a child shall be

filed by his legal guardian or guardians, or, in the absence

thereof, by the person (or persons) who has the child in his care.

(i) Cost-of-living increases in benefits

(1) For purposes of this subsection -

(A) the term "base quarter" means (i) the calendar quarter

ending on September 30 in each year after 1982, or (ii) any other

calendar quarter in which occurs the effective month of a general

benefit increase under this subchapter;

(B) the term "cost-of-living computation quarter" means a base

quarter, as defined in subparagraph (A)(i), with respect to which

the applicable increase percentage is greater than zero; except

that there shall be no cost-of-living computation quarter in any

calendar year if in the year prior to such year a law has been

enacted providing a general benefit increase under this

subchapter or if in such prior year such a general benefit

increase becomes effective;

(C) the term "applicable increase percentage" means -

(i) with respect to a base quarter or cost-of-living

computation quarter in any calendar year before 1984, or in any

calendar year after 1983 and before 1989 for which the OASDI

fund ratio is 15.0 percent or more, or in any calendar year

after 1988 for which the OASDI fund ratio is 20.0 percent or

more, the CPI increase percentage; and

(ii) with respect to a base quarter or cost-of-living

computation quarter in any calendar year after 1983 and before

1989 for which the OASDI fund ratio is less than 15.0 percent,

or in any calendar year after 1988 for which the OASDI fund

ratio is less than 20.0 percent, the CPI increase percentage or

the wage increase percentage, whichever (with respect to that

quarter) is the lower;

(D) the term "CPI increase percentage", with respect to a base

quarter or cost-of-living computation quarter in any calendar

year, means the percentage (rounded to the nearest one-tenth of 1

percent) by which the Consumer Price Index for that quarter (as

prepared by the Department of Labor) exceeds such index for the

most recent prior calendar quarter which was a base quarter under

subparagraph (A)(ii) or, if later, the most recent cost-of-living

computation quarter under subparagraph (B);

(E) the term "wage increase percentage", with respect to a base

quarter or cost-of-living computation quarter in any calendar

year, means the percentage (rounded to the nearest one-tenth of 1

percent) by which the national average wage index (as defined in

section 409(k)(1) of this title) for the year immediately

preceding such calendar year exceeds such index for the year

immediately preceding the most recent prior calendar year which

included a base quarter under subparagraph (A)(ii) or, if later,

which included a cost-of-living computation quarter;

(F) the term "OASDI fund ratio", with respect to any calendar

year, means the ratio of -

(i) the combined balance in the Federal Old-Age and Survivors

Insurance Trust Fund and the Federal Disability Insurance Trust

Fund as of the beginning of such year, including the taxes

transferred under section 401(a) of this title on the first day

of such year and reduced by the outstanding amount of any loan

(including interest thereon) theretofore made to either such

Fund from the Federal Hospital Insurance Trust Fund under

section 401(l) of this title, to

(ii) the total amount which (as estimated by the Commissioner

of Social Security) will be paid from the Federal Old-Age and

Survivors Insurance Trust Fund and the Federal Disability

Insurance Trust Fund during such calendar year for all purposes

authorized by section 401 of this title (other than payments of

interest on, or repayments of, loans from the Federal Hospital

Insurance Trust Fund under section 401(l) of this title), but

excluding any transfer payments between such trust funds and

reducing the amount of any transfers to the Railroad Retirement

Account by the amount of any transfers into either such trust

fund from that Account; (!1)

(G) the Consumer Price Index for a base quarter, a

cost-of-living computation quarter, or any other calendar quarter

shall be the arithmetical mean of such index for the 3 months in

such quarter.

(2)(A)(i) The Commissioner of Social Security shall determine

each year beginning with 1975 (subject to the limitation in

paragraph (1)(B)) whether the base quarter (as defined in paragraph

(1)(A)(i)) in such year is a cost-of-living computation quarter.

(ii) If the Commissioner of Social Security determines that the

base quarter in any year is a cost-of-living computation quarter,

the Commissioner shall, effective with the month of December of

that year as provided in subparagraph (B), increase -

(I) the benefit amount to which individuals are entitled for

that month under section 427 or 428 of this title,

(II) the primary insurance amount of each other individual on

which benefit entitlement is based under this subchapter, and

(III) the amount of total monthly benefits based on any primary

insurance amount which is permitted under section 403 of this

title (and such total shall be increased, unless otherwise so

increased under another provision of this subchapter, at the same

time as such primary insurance amount) or, in the case of a

primary insurance amount computed under subsection (a) of this

section as in effect (without regard to the table contained

therein) prior to January 1979, the amount to which the

beneficiaries may be entitled under section 403 of this title as

in effect in December 1978, except as provided by section

403(a)(7) and (8) of this title as in effect after December 1978.

The increase shall be derived by multiplying each of the amounts

described in subdivisions (I), (II), and (III) (including each of

those amounts as previously increased under this subparagraph) by

the applicable increase percentage; and any amount so increased

that is not a multiple of $0.10 shall be decreased to the next

lower multiple of $0.10. Any increase under this subsection in a

primary insurance amount determined under subparagraph (C)(i) of

subsection (a)(1) of this section shall be applied after the

initial determination of such primary insurance amount under that

subparagraph (with the amount of such increase, in the case of an

individual who becomes eligible for old-age or disability insurance

benefits or dies in a calendar year after 1979, being determined

from the range of possible primary insurance amounts published by

the Commissioner of Social Security under the last sentence of

subparagraph (D)).

(iii) In the case of an individual who becomes eligible for an

old-age or disability insurance benefit, or who dies prior to

becoming so eligible, in a year in which there occurs an increase

provided under clause (ii), the individual's primary insurance

amount (without regard to the time of entitlement to that benefit)

shall be increased (unless otherwise so increased under another

provision of this subchapter and, with respect to a primary

insurance amount determined under subsection (a)(1)(C)(i)(I) of

this section in the case of an individual to whom that subsection

(as in effect in December 1981) applied, subject to the provisions

of subsection (a)(1)(C)(i) of this section and clauses (iv) and (v)

of this subparagraph (as then in effect)) by the amount of that

increase and subsequent applicable increases, but only with respect

to benefits payable for months after November of that year.

(B) The increase provided by subparagraph (A) with respect to a

particular cost-of-living computation quarter shall apply in the

case of monthly benefits under this subchapter for months after

November of the calendar year in which occurred such cost-of-living

computation quarter, and in the case of lump-sum death payments

with respect to deaths occurring after November of such calendar

year.

(C)(i) Whenever the Commissioner of Social Security determines

that a base quarter in a calendar year is also a cost-of-living

computation quarter, the Commissioner shall notify the House

Committee on Ways and Means and the Senate Committee on Finance of

such determination within 30 days after the close of such quarter,

indicating the amount of the benefit increase to be provided, the

Commissioner's estimate of the extent to which the cost of such

increase would be met by an increase in the contribution and

benefit base under section 430 of this title and the estimated

amount of the increase in such base, the actuarial estimates of the

effect of such increase, and the actuarial assumptions and

methodology used in preparing such estimates.

(ii) The Commissioner of Social Security shall determine and

promulgate the OASDI fund ratio for the current calendar year on or

before November 1 of the current calendar year, based upon the most

recent data then available. The Commissioner of Social Security

shall include a statement of the fund ratio and the national

average wage index (as defined in section 409(k)(1) of this title)

and a statement of the effect such ratio and the level of such

index may have upon benefit increases under this subsection in any

notification made under clause (i) and any determination published

under subparagraph (D).

(D) If the Commissioner of Social Security determines that a base

quarter in a calendar year is also a cost-of-living computation

quarter, the Commissioner shall publish in the Federal Register

within 45 days after the close of such quarter a determination that

a benefit increase is resultantly required and the percentage

thereof. The Commissioner shall also publish in the Federal

Register at that time (i) a revision of the range of the primary

insurance amounts which are possible after the application of this

subsection based on the dollar amount specified in subparagraph

(C)(i) of subsection (a)(1) of this section (with such revised

primary insurance amounts constituting the increased amounts

determined for purposes of such subparagraph (C)(i) under this

subsection), or specified in subsection (a)(3) of this section as

in effect prior to 1979, and (ii) a revision of the range of

maximum family benefits which correspond to such primary insurance

amounts (with such maximum benefits being effective notwithstanding

section 403(a) of this title except for paragraph (3)(B) thereof

(or paragraph (2) thereof as in effect prior to 1979)).

Notwithstanding the preceding sentence, such revision of maximum

family benefits shall be subject to paragraph (6) of section 403(a)

of this title (as added by section 101(a)(3) of the Social Security

Disability Amendments of 1980).

(3) As used in this subsection, the term "general benefit

increase under this subchapter" means an increase (other than an

increase under this subsection) in all primary insurance amounts on

which monthly insurance benefits under this subchapter are based.

(4) This subsection as in effect in December 1978, and as amended

by sections 111(a)(6), 111(b)(2), and 112 of the Social Security

Amendments of 1983 and by section 9001 of the Omnibus Budget

Reconciliation Act of 1986, shall continue to apply to subsections

(a) and (d) of this section, as then in effect and as amended by

section 5117 of the Omnibus Budget Reconciliation Act of 1990, for

purposes of computing the primary insurance amount of an individual

to whom subsection (a) of this section, as in effect after December

1978, does not apply (including an individual to whom subsection

(a) of this section does not apply in any year by reason of

paragraph (4)(B) of that subsection (but the application of this

subsection in such cases shall be modified by the application of

subdivision (I) in the last sentence of paragraph (4) of that

subsection)), except that for this purpose, in applying paragraphs

(2)(A)(ii), (2)(D)(iv), and (2)(D)(v) of this subsection as in

effect in December 1978, the phrase "increased to the next higher

multiple of $0.10" shall be deemed to read "decreased to the next

lower multiple of $0.10". For purposes of computing primary

insurance amounts and maximum family benefits (other than primary

insurance amounts and maximum family benefits for individuals to

whom such paragraph (4)(B) applies), the Commissioner of Social

Security shall revise the table of benefits contained in subsection

(a) of this section, as in effect in December 1978, in accordance

with the requirements of paragraph (2)(D) of this subsection as

then in effect, except that the requirement in such paragraph

(2)(D) that the Commissioner of Social Security publish such

revision of the table of benefits in the Federal Register shall not

apply.

(5)(A) If -

(i) with respect to any calendar year the "applicable increase

percentage" was determined under clause (ii) of paragraph (1)(C)

rather than under clause (i) of such paragraph, and the increase

becoming effective under paragraph (2) in such year was

accordingly determined on the basis of the wage increase

percentage rather than the CPI increase percentage (or there was

no such increase becoming effective under paragraph (2) in that

year because there was no wage increase percentage greater than

zero), and

(ii) for any subsequent calendar year in which an increase

under paragraph (2) becomes effective the OASDI fund ratio is

greater than 32.0 percent,

then each of the amounts described in subdivisions (I), (II), and

(III) of paragraph (2)(A)(ii), as increased under paragraph (2)

effective with the month of December in such subsequent calendar

year, shall be further increased (effective with such month) by an

additional percentage, which shall be determined under subparagraph

(B) and shall apply as provided in subparagraph (C). Any amount so

increased that is not a multiple of $0.10 shall be decreased to the

next lower multiple of $0.10.

(B) The applicable additional percentage by which the amounts

described in subdivisions (I), (II), and (III) of paragraph

(2)(A)(ii) are to be further increased under subparagraph (A) in

the subsequent calendar year involved shall be the amount derived

by -

(i) subtracting (I) the compounded percentage benefit increases

that were actually paid under paragraph (2) and this paragraph

from (II) the compounded percentage benefit increases that would

have been paid if all increases under paragraph (2) had been made

on the basis of the CPI increase percentage,

(ii) dividing the difference by the sum of the compounded

percentage in clause (i)(I) and 100 percent, and

(iii) multiplying such quotient by 100 so as to yield such

applicable additional percentage (which shall be rounded to the

nearest one-tenth of 1 percent),

with the compounded increases referred to in clause (i) being

measured -

(iv) in the case of amounts described in subdivision (I) of

paragraph (2)(A)(ii), over the period beginning with the calendar

year in which monthly benefits described in such subdivision were

first increased on the basis of the wage increase percentage and

ending with the year before such subsequent calendar year, and

(v) in the case of amounts described in subdivisions (II) and

(III) of paragraph (2)(A)(ii), over the period beginning with the

calendar year in which the individual whose primary insurance

amount is increased under such subdivision (II) became eligible

(as defined in subsection (a)(3)(B) of this section) for the

old-age or disability insurance benefit that is being increased

under this subsection, or died before becoming so eligible, and

ending with the year before such subsequent calendar year;

except that if the Commissioner of Social Security determines in

any case that the application (in accordance with subparagraph (C))

of the additional percentage as computed under the preceding

provisions of this subparagraph would cause the OASDI fund ratio to

fall below 32.0 percent in the calendar year immediately following

such subsequent year, the Commissioner shall reduce such applicable

additional percentage to the extent necessary to ensure that the

OASDI fund ratio will remain at or above 32.0 percent through the

end of such following year.

(C) Any applicable additional percentage increase in an amount

described in subdivision (I), (II), or (III) of paragraph

(2)(A)(ii), made under this paragraph in any calendar year, shall

thereafter be treated for all the purposes of this chapter as a

part of the increase made in such amount under paragraph (2) for

that year.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 215, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 506; amended

July 18, 1952, ch. 945, Secs. 2(a), (b)(1), 3(c), 6(a), (b), 66

Stat. 767, 768, 770, 771, 776; Sept. 1, 1954, ch. 1206, title I,

Secs. 102(a)-(d), (e)(1)-(4), 104(d), 106(c), 68 Stat. 1062-1068,

1078, 1079; Aug. 1, 1956, ch. 836, title I, Secs. 103(c)(4), (5),

109(a), 115(a)-(c), 70 Stat. 818, 830, 832, 833; Pub. L. 85-840,

title I, Secs. 101(a)-(d), 102(d), title II, Sec. 205(m), Aug. 28,

1958, 72 Stat. 1013-1016, 1020, 1025; Pub. L. 86-415, Sec. 7, Apr.

8, 1960, 74 Stat. 35; Pub. L. 86-778, title I, Sec. 103(j)(2)(C),

title II, Sec. 211(n), title III, Secs. 303(a)-(e), 304(a), Sept.

13, 1960, 74 Stat. 937, 958, 960-962, 966; Pub. L. 87-64, title I,

Secs. 101(a), 102(d), June 30, 1961, 75 Stat. 131, 135; Pub. L.

89-97, title III, Secs. 301(a), (b), 302(a)-(d), 303(e), 304(k),

320(a)(4), July 30, 1965, 79 Stat. 361, 363-365, 367, 370, 393;

Pub. L. 90-248, title I, Secs. 101(a), (c), (d), 108(a)(4),

155(a)(1)-(6), title IV, Sec. 403(b), Jan. 2, 1968, 81 Stat. 824,

827, 834, 864, 865, 931; Pub. L. 91-172, title X, Sec. 1002(a),

(c), (d), Dec. 30, 1969, 83 Stat. 737, 740; Pub. L. 92-5, title II,

Secs. 201(a), (c), (d), 203(a)(4), Mar. 17, 1971, 85 Stat. 6, 9,

10; Pub. L. 92-336, title II, Secs. 201(a), (c)-(f), 202(a)(1),

(3), 203(a)(4), July 1, 1972, 86 Stat. 406, 410-412, 416, 418; Pub.

L. 92-603, title I, Secs. 101(a), (c)-(e), 104(b), 134, 142(b),

(c), 144(a)(1), Oct. 30, 1972, 86 Stat. 1333, 1334, 1340, 1362,

1368, 1369; Pub. L. 93-66, title II, Sec. 203(a)(4), July 9, 1973,

87 Stat. 153; Pub. L. 93-233, Secs. 1(h)(1), 2(a), 3(a)-(h),

5(a)(4), Dec. 31, 1973, 87 Stat. 948, 952, 953; Pub. L. 95-216,

title I, Sec. 103(d), title II, Sec. 201, Dec. 20, 1977, 91 Stat.

1514, 1519; Pub. L. 96-265, title I, Secs. 101(b)(3), (4), 102(a),

June 9, 1980, 94 Stat. 442, 443; Pub. L. 96-473, Sec. 6(d), Oct.

19, 1980, 94 Stat. 2265; Pub. L. 97-35, title XXII, Secs. 2201(a),

(b)(1)-(9), (c)(1)-(5), 2206(a), (b)(5)-(7), Aug. 13, 1981, 95

Stat. 830, 831, 838; Pub. L. 97-123, Sec. 2(a)-(d), Dec. 29, 1981,

95 Stat. 1660; Pub. L. 98-21, title I, Secs. 111(a)(1)-(3), (6),

(b)(1), (2), (c), 112(a)-(d), 113(a)-(c), title II, Sec.

201(c)(1)(C), Apr. 20, 1983, 97 Stat. 72-78, 109; Pub. L. 98-369,

div. B, title VI, Secs. 2661(k), 2663(a)(10), July 18, 1984, 98

Stat. 1157, 1164; Pub. L. 99-272, title XII, Sec. 12105, Apr. 7,

1986, 100 Stat. 286; Pub. L. 99-509, title IX, Sec. 9001(a), (b),

Oct. 21, 1986, 100 Stat. 1969, 1970; Pub. L. 99-514, title XVIII,

Sec. 1883(a)(7), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100-647,

title VIII, Secs. 8003(a), 8011(a), (b), Nov. 10, 1988, 102 Stat.

3780, 3789; Pub. L. 101-239, title X, Sec. 10208(b)(1), (2)(A),

(B), (3), (4), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478,

2480; Pub. L. 101-508, title V, Secs. 5117(a)(1)-(3)(A), (C)-(E),

5122, Nov. 5, 1990, 104 Stat. 1388-274 to 1388-277, 1388-283; Pub.

L. 103-296, title I, Sec. 107(a)(4), title III, Secs. 307(a), (b),

308(b), 321(a)(16), (17), (e)(2)(B)-(G), (g)(1)(C), Aug. 15, 1994,

108 Stat. 1478, 1522, 1536, 1539, 1540, 1543.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1937, referred to in subsecs.

(a)(1)(C)(ii), (7)(A), and (d)(1)(C), (3), is act Aug. 29, 1935,

ch. 812, 49 Stat. 867, as amended generally. See par. for Railroad

Retirement Act of 1974 below.

The Railroad Retirement Act of 1974, referred to in subsecs.

(a)(1)(C)(ii), (7)(A) and (d)(3), is act Aug. 29, 1935, ch. 812, as

amended generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16,

1974, 88 Stat. 1305, which is classified generally to subchapter IV

(Sec. 231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L.

93-445 completely amended and revised the Railroad Retirement Act

of 1937 (approved June 24, 1937, ch. 382, 50 Stat. 307), and as

thus amended and revised, the 1937 Act was redesignated the

Railroad Retirement Act of 1974. Previously, the 1937 Act had

completely amended and revised the Railroad Retirement Act of 1935

(approved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the

1937 Act provided that the 1935 Act, as in force prior to amendment

by the 1937 Act, may be cited as the Railroad Retirement Act of

1935; and that the 1935 Act, as amended by the 1937 Act may be

cited as the Railroad Retirement Act of 1937. The Railroad

Retirement Acts of 1935 and 1937 were classified to subchapter II

(Sec. 215 et seq.) and subchapter III (Sec. 228a et seq.),

respectively, of chapter 9 of Title 45. For further details and

complete classification of these Acts to the Code, see Codification

note set out preceding section 231 of Title 45, section 231t of

Title 45, and Tables.

Section 104(j)(2) of the Social Security Amendments of 1972,

referred to in subsecs. (a)(5)(B)(ii), (b)(2)(B)(iii), and

(d)(1)(A), is section 104(j)(2) of Pub. L. 92-603, which is set out

as a note under section 414 of this title.

Section 101 of the Social Security Amendments of 1983, referred

to in subsec. (a)(7)(E)(i), is section 101 of Pub. L. 98-21, title

I, Apr. 20, 1983, 97 Stat. 67, which amended sections 409 and 410

of this title and section 3121 of Title 26, Internal Revenue Code,

and enacted provisions set out as notes under section 410 of this

title and section 3121 of Title 26.

Section 3121(k) of the Internal Revenue Code of 1954, referred to

in subsec. (a)(7)(E)(ii), was classified to section 3121(k) of

Title 26, and was repealed by Pub. L. 98-21, title I, Sec.

102(b)(2), Apr. 20, 1983, 97 Stat. 71.

Section 102 of that Act, referred to in subsec. (a)(7)(E)(ii), is

section 102 of Pub. L. 98-21, title I, Apr. 20, 1983, 97 Stat. 70,

which amended section 410 of this title and section 3121 of Title

26 and enacted provisions set out as notes under section 414 of

this title and section 3121 of Title 26.

Section 5117 of the Omnibus Budget Reconciliation Act of 1990,

referred to in subsecs. (c), (f)(7), and (i)(4), is section 5117 of

Pub. L. 101-508, title V, Nov. 5, 1990, 104 Stat. 1388-274, which

amended this section and sections 403, 413, and 417 of this title,

amended provisions set out as a note under section 413 of this

title, and enacted provisions set out as notes under sections 403

and 413 of this title.

The 1939 Act, referred to in subsec. (d), probably means act Aug.

10, 1939, ch. 666, 53 Stat. 1360, known as the Social Security Act

Amendments of 1939, which enacted sections 901a, 1306 and 1307 of

this title, amended sections 302, 303, 306, 401, 402 to 409, 502,

503, 602, 603, 606, 701, 702, 703, 711, 712, 713, 714, 721, 801,

1011, 1202, 1203, 1206, 1301, of this title, section 642 of Title

7, Agriculture, section 1464 of Title 12, Banks and Banking,

section 1601 of former Title 26, Internal Revenue Code of 1939,

section 45b of Title 29, Labor, and enacted provisions set out as

notes under section 363 of Title 45, Railroads. For complete

classification of this Act to the Code, see Tables.

Section 101(a)(3) of the Social Security Disability Amendments of

1980, referred to in subsec. (i)(2)(D), is section 101(a)(3) of

Pub. L. 96-265, title I, June 9, 1980, 94 Stat. 442, which enacted

section 403(a)(6) of this title.

Sections 111(a)(6), 111(b)(2), and 112 of the Social Security

Amendments of 1983, referred to in subsec. (i)(4), are sections

111(a)(6), 111(b)(2), and 112 of Pub. L. 98-21, title I, Apr. 20,

1983, 97 Stat. 72, 73, which amended subsec. (i) of this section

and enacted provisions set out as notes below. See 1983 Amendment

notes below.

Section 9001 of the Omnibus Budget Reconciliation Act of 1986,

referred to in subsec. (i)(4), is section 9001 of Pub. L. 99-509,

title IX, Oct. 21, 1986, 100 Stat. 1969, which amended sections 415

and 1395r of this title and enacted provisions set out as a note

below.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1)(B)(ii). Pub. L. 103-296, Sec. 321(e)(2)(B),

in subcl. (I) substituted "national average wage index" for "deemed

average total wages" and in subcl. (II) substituted "the national

average wage index (as so defined) for 1977." for "the average of

the total wages (as defined in regulations of the Secretary and

computed without regard to the limitations specified in section

409(a)(1) of this title) reported to the Secretary of the Treasury

or his delegate for the calendar year 1977."

Subsec. (a)(1)(C)(ii). Pub. L. 103-296, Sec. 321(g)(1)(C),

substituted "(except that, for purposes of subsection (b) of such

section 430 of this title as so in effect, the reference to the

contribution and benefit base in paragraph (1) of such subsection

(b) shall be deemed a reference to an amount equal to $45,000, each

reference in paragraph (2) of such subsection (b) to the average of

the wages of all employees as reported to the Secretary of the

Treasury shall be deemed a reference to the national average wage

index (as defined in section 409(k)(1) of this title), the

reference to a preceding calendar year in paragraph (2)(A) of such

subsection (b) shall be deemed a reference to the calendar year

before the calendar year in which the determination under

subsection (a) of such section 430 of this title is made, and the

reference to a calendar year in paragraph (2)(B) of such subsection

(b) shall be deemed a reference to 1992)." for "(except that, for

purposes of subsection (b)(2)(A) of such section 430 of this title

as so in effect, the reference therein to the average of the wages

of all employees as reported to the Secretary of the Treasury for

any calendar year shall be deemed a reference to the national

average wage index (within the meaning of section 409(k)(1) of this

title) for such calendar year)."

Pub. L. 103-296, Sec. 321(e)(2)(C), substituted "national average

wage index" for "deemed average total wages" before "(within the

meaning".

Subsec. (a)(1)(D). Pub. L. 103-296, Sec. 321(e)(2)(D),

substituted "In each calendar year" for "In each calendar year

after 1978" and "the national average wage index (as defined in

section 409(k)(1) of this title" for "the average of the total

wages (as described in subparagraph (B)(ii)(I)" and struck out at

end "With the initial publication required by this subparagraph,

the Secretary shall also publish in the Federal Register the

average of the total wages (as so described) for each calendar year

after 1950."

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (a)(5)(B)(i). Pub. L. 103-296, Sec. 321(a)(16),

substituted "subsections" for "subsection" before "(b)(4) and (c)".

Subsec. (a)(6)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (a)(7)(A). Pub. L. 103-296, Sec. 308(b), in closing

provisions struck out "and" before "(II)" and inserted ", and (III)

a payment based wholly on service as a member of a uniformed

service (as defined in section 410(m) of this title)" after

"section 433 of this title".

Pub. L. 103-296, Sec. 307(a)(1), in closing provisions

substituted "but excluding (I) a payment under the Railroad

Retirement Act of 1974 or 1937, and (II) a payment by a social

security system of a foreign country based on an agreement

concluded between the United States and such foreign country

pursuant to section 433 of this title" for "but excluding a payment

under the Railroad Retirement Act of 1974 or 1937".

Subsec. (a)(7)(C)(i). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (a)(7)(E). Pub. L. 103-296, Sec. 307(a)(2), in

introductory provisions inserted "whose eligibility for old-age or

disability insurance benefits is based on an agreement concluded

pursuant to section 433 of this title or an individual" before "who

on January".

Subsec. (b)(3)(A)(ii)(I), (II). Pub. L. 103-296, Sec.

321(e)(2)(E), substituted "national average wage index" for "deemed

average total wages".

Subsec. (d)(1)(C). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (d)(3). Pub. L. 103-296, Sec. 308(b), in closing

provisions struck out "and" before "(II)" and inserted ", and (III)

a payment based wholly on service as a member of a uniformed

service (as defined in section 410(m) of this title)" after

"section 433 of this title".

Pub. L. 103-296, Sec. 307(b), in closing provisions substituted

"but excluding (I) a payment under the Railroad Retirement Act of

1974 or 1937, and (II) a payment by a social security system of a

foreign country based on an agreement concluded between the United

States and such foreign country pursuant to section 433 of this

title" for "but excluding a payment under the Railroad Retirement

Act of 1974 or 1937".

Subsec. (f)(2)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and "the

Commissioner may" for "he may".

Subsec. (f)(5), (6). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (f)(7). Pub. L. 103-296, Sec. 321(a)(17), inserted a

period after "1990".

Subsecs. (f)(8), (h)(1). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (i)(1)(E). Pub. L. 103-296, Sec. 321(e)(2)(F)(i),

substituted "national average wage index (as defined in section

409(k)(1) of this title)" for "SSA average wage index".

Subsec. (i)(1)(F)(ii). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (i)(1)(G), (H). Pub. L. 103-296, Sec. 321(e)(2)(F)(ii),

redesignated subpar. (H) as (G) and struck out former subpar. (G)

which read as follows: "the term 'SSA average wage index', with

respect to any calendar year, means the amount determined for such

calendar year under subsection (b)(3)(A)(ii)(I) of this section;

and".

Subsec. (i)(2)(A)(i), (ii), (C)(i). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing, "the Commissioner shall" for "he

shall" in introductory provisions of par. (2)(A)(ii) and in par.

(2)(C)(i), and "the Commissioner's estimate" for "his estimate" in

par. (2)(C)(i).

Subsec. (i)(2)(C)(ii). Pub. L. 103-296, Sec. 321(e)(2)(G),

amended cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: "The Secretary shall determine and promulgate the OASDI

fund ratio for the current calendar year and the SSA wage index for

the preceding calendar year before November 1 of the current

calendar year, based upon the most recent data then available, and

shall include a statement of such fund ratio and wage index (and of

the effect such ratio and the level of such index may have upon

benefit increases under this subsection) in any notification made

under clause (i) and any determination published under subparagraph

(D)."

Pub. L. 103-296, Sec. 107(a)(4), in cl. (ii) as amended by Pub.

L. 103-296, Sec. 321(e)(2)(G), substituted "Commissioner of Social

Security" for "Secretary" in two places.

Subsec. (i)(2)(D). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and "the

Commissioner shall publish" for "he shall publish".

Pub. L. 103-296, Sec. 107(a)(4), which directed that this

subchapter be amended by substituting "the Commissioner" for "he"

wherever referring to the Secretary of Health and Human Services,

was executed by substituting "The Commissioner" for "He" before

"shall also publish", to reflect the probable intent of Congress.

Subsec. (i)(4), (5)(B). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing and "the Commissioner shall" for "he shall" in

closing provisions of par. (5)(B).

1990 - Subsec. (a)(1)(C)(ii). Pub. L. 101-508, Sec. 5122(a),

substituted "of not less than 25 percent (in the case of a year

after 1950 and before 1978) of the maximum amount which (pursuant

to subsection (e) of this section) may be counted for such year, or

25 percent (in the case of a year after 1977 and before 1991) or 15

percent (in the case of a year after 1990) of the maximum amount

which (pursuant to subsection (e) of this section) could be counted

for such year if" for "of not less than 25 percent of the maximum

amount which, pursuant to subsection (e) of this section, may be

counted for such year, or of not less than 25 percent of the

maximum amount which could be so counted for such year (in the case

of a year after 1977) if".

Subsec. (a)(5). Pub. L. 101-508, Sec. 5117(a)(1), designated

existing provision as subpar. (A), substituted "Subject to

subparagraphs (B), (C), (D), and (E), for purposes of" for "For

purposes of", struck out at end "The table for determining primary

insurance amounts and maximum family benefits contained in this

section in December 1978 shall be revised as provided by subsection

(i) of this section for each year after 1978.", and added subpars.

(B) to (E).

Subsec. (a)(7)(A), (C)(ii). Pub. L. 101-508, Sec.

5117(a)(3)(E)(ii), substituted "subsection (d)(3)" for "subsection

(d)(5)".

Subsec. (a)(7)(D). Pub. L. 101-508, Sec. 5122(b), struck out "(as

defined in paragraph (1)(C)(ii))" before period at end of first

sentence and inserted at end "For purposes of this subparagraph,

the term 'year of coverage' shall have the meaning provided in

paragraph (1)(C)(ii), except that the reference to '15 percent'

therein shall be deemed to be a reference to '25 percent'."

Subsec. (c). Pub. L. 101-508, Sec. 5117(a)(3)(C), substituted

"Subject to the amendments made by section 5117 of the Omnibus

Budget Reconciliation Act of 1990, this" for "This".

Subsec. (d)(1)(A). Pub. L. 101-508, Sec. 5117(a)(2)(A)(i),

inserted "and subject to section 104(j)(2) of the Social Security

Amendments of 1972" after "thereof".

Subsec. (d)(1)(B)(i), (ii). Pub. L. 101-508, Sec.

5117(a)(2)(A)(ii), added cls. (i) and (ii) and struck out former

cls. (i) and (ii) which read as follows:

"(i) the total wages prior to 1951 (as defined in subparagraph

(C) of this paragraph) of an individual who attained age 21 after

1936 and prior to 1950 shall be divided by the number of years

(hereinafter in this subparagraph referred to as the 'divisor')

elapsing after the year in which the individual attained age 20 and

prior to 1951; and

"(ii) the total wages prior to 1951 (as defined in subparagraph

(C) of this paragraph) of an individual who attained age 21 after

1949 shall be divided by the number of years (hereinafter in this

subparagraph referred to as the 'divisor') elapsing after 1949 and

prior to 1951."

Subsec. (d)(1)(B)(iii). Pub. L. 101-508, Sec. 5117(a)(2)(B),

amended cl. (iii) generally. Prior to amendment, cl. (iii) read as

follows: "if the quotient exceeds $3,000, only $3,000 shall be

deemed to be the individual's wages for each of the years which

were used in computing the amount of the divisor, and the remainder

of the individual's total wages prior to 1951 (I) if less than

$3,000, shall be deemed credited to the year immediately preceding

the earliest year used in computing the amount of the divisor, or

(II) if $3,000 or more, shall be deemed credited, in $3,000

increments, to the year immediately preceding the earliest year

used in computing the amount of the divisor and to each year

consecutively preceding that year, with any remainder less than

$3,000 being credited to the year immediately preceding the

earliest year to which a full $3,000 increment was credited; and".

Subsec. (d)(2)(B). Pub. L. 101-508, Sec. 5117(a)(2)(C)(i), struck

out "except as provided in paragraph (3)," after "(B)".

Subsec. (d)(2)(C). Pub. L. 101-508, Sec. 5117(a)(2)(C)(ii), added

subpar. (C) and struck out former subpar. (C) which read as

follows:

"(C)(i) who becomes entitled to benefits under section 402(a) or

423 of this title after January 2, 1968, or

"(ii) who dies after such date without being entitled to benefits

under section 402(a) or 423 of this title, or

"(iii) whose primary insurance amount is required to be

recomputed under subsection (f)(2) or (6) of this section or

section 431 of this title."

Subsec. (d)(3) to (5). Pub. L. 101-508, Sec. 5117(a)(2)(C)(iii),

(3)(E)(i), redesignated par. (5) as (3) and struck out former pars.

(3) and (4) which read as follows:

"(3) The provisions of this subsection as in effect prior to

January 2, 1968, shall be applicable in the case of an individual

who had a period of disability which began prior to 1951, but only

if the primary insurance amount resulting therefrom is higher than

the primary insurance amount resulting from the application of this

section (as amended by the Social Security Amendments of 1967) and

section 420 of this title.

"(4) The provisions of this subsection as in effect in December

1977 shall be applicable to individuals who become eligible for

old-age or disability insurance benefits or die prior to 1978."

Subsec. (f)(7). Pub. L. 101-508, Sec. 5117(a)(3)(D), substituted

", including a primary insurance amount computed under any such

subsection whose operation is modified as a result of the

amendments made by section 5117 of the Omnibus Budget

Reconciliation Act of 1990" for period at end of first sentence.

Subsec. (f)(9)(A). Pub. L. 101-508, Sec. 5117(a)(3)(E)(ii),

substituted "subsection (d)(3)" for "subsection (d)(5)" in two

places.

Subsec. (f)(9)(B). Pub. L. 101-508, Sec. 5117(a)(3)(E)(iii),

substituted "or (d)(3)" for "or (d)(5)" wherever appearing.

Subsec. (i)(4). Pub. L. 101-508, Sec. 5117(a)(3)(A), inserted

"and as amended by section 5117 of the Omnibus Budget

Reconciliation Act of 1990" after "as then in effect" in first

sentence.

1989 - Subsec. (a)(1)(B)(ii)(I). Pub. L. 101-239, Sec.

10208(b)(2)(A), substituted "the deemed average total wages (as

defined in section 409(k)(1) of this title)" for "the average of

the total wages (as defined in regulations of the Secretary and

computed without regard to the limitations specified in section

409(a)(1) of this title) reported to the Secretary of the Treasury

or his delegate".

Pub. L. 101-239, Sec. 10208(d)(2)(A)(i), substituted "409(a)(1)"

for "409(a)".

Subsec. (a)(1)(B)(ii)(II). Pub. L. 101-239, Sec. 10208(b)(2)(B),

substituted "(as defined in regulations of the Secretary and

computed without regard to the limitations specified in section

409(a)(1) of this title)" for "(as so defined and computed)".

Subsec. (a)(1)(C)(ii). Pub. L. 101-239, Sec. 10208(b)(4),

substituted "change (except that, for purposes of subsection

(b)(2)(A) of such section 430 of this title as so in effect, the

reference therein to the average of the wages of all employees as

reported to the Secretary of the Treasury for any calendar year

shall be deemed a reference to the deemed average total wages

(within the meaning of section 409(k)(1) of this title) for such

calendar year)" for "change".

Subsec. (b)(3)(A)(ii)(I). Pub. L. 101-239, Sec. 10208(b)(1)(C),

struck out "(after 1976)" after "calendar year".

Pub. L. 101-239, Sec. 10208(b)(1)(A), substituted "the deemed

average total wages (as defined in section 409(k)(1) of this

title)" for "the average of the total wages (as defined in

regulations of the Secretary and computed without regard to the

limitations specified in section 409(a)(1) of this title) reported

to the Secretary of the Treasury or his delegate".

Pub. L. 101-239, Sec. 10208(d)(2)(A)(i), substituted "409(a)(1)"

for "409(a)".

Subsec. (b)(3)(A)(ii)(II). Pub. L. 101-239, Sec. 10208(b)(1)(B),

substituted "the deemed average total wages (as so defined)" for

"the average of the total wages (as so defined and computed)

reported to the Secretary of the Treasury or his delegate".

Subsec. (i)(1)(G). Pub. L. 101-239, Sec. 10208(b)(3), substituted

"the amount determined for such calendar year under subsection

(b)(3)(A)(ii)(I)" for "the average of the total wages reported to

the Secretary of the Treasury or his delegate as determined for

purposes of subsection (b)(3)(A)(ii)".

1988 - Subsec. (a)(7)(A). Pub. L. 100-647, Sec. 8011(a)(1),

struck out "with respect to the initial month in which the

individual becomes eligible for such benefits" before period at

end.

Subsec. (a)(7)(B)(i). Pub. L. 100-647, Sec. 8011(a)(2),

substituted "concurrent entitlement to such monthly periodic

payment and old-age or disability insurance benefits" for

"eligibility for old-age or disability insurance benefits".

Subsec. (a)(7)(C)(iii), (iv). Pub. L. 100-647, Sec. 8011(a)(3),

redesignated cl. (iv) as (iii) and struck out former cl. (iii)

which read as follows: "If an individual to whom subparagraph (A)

applies is eligible for a periodic payment beginning with a month

that is subsequent to the month in which he or she becomes eligible

for old-age or disability insurance benefits, the amount of that

payment (for purposes of subparagraph (B)) shall be deemed to be

the amount to which he or she is, or is deemed to be, entitled

(subject to clauses (i), (ii), and (iv) of this subparagraph) in

such subsequent month."

Subsec. (a)(7)(D). Pub. L. 100-647, Sec. 8003(a), in introductory

provisions, substituted "20 years" for "25 years" and "shall (if

such percent is smaller than the applicable percent specified in

the following table) be deemed to be the applicable percent

specified in the following table:" for "shall (if such percent is

smaller than the percent specified in whichever of the following

clauses applies) be deemed to be - ", and substituted table for

former cls. (i) to (iv) which read as follows:

"(i) 80 percent, in the case of an individual who has 29 of

such years of coverage;

"(ii) 70 percent, in the case of an individual who has 28 of

such years;

"(iii) 60 percent, in the case of an individual who has 27 of

such years; and

"(iv) 50 percent, in the case of an individual who has 26 of

such years."

Subsec. (d)(5)(ii). Pub. L. 100-647, Sec. 8011(b), substituted

"such concurrent entitlement" for "his or her eligibility for

old-age or disability insurance benefits".

1986 - Subsec. (i)(1)(B). Pub. L. 99-509, Sec. 9001(a),

substituted "percentage is greater than zero" for "percentage is 3

percent or more".

Pub. L. 99-509, Sec. 9001(b)(2)(A), amended subpar. (B), as in

effect in December 1978, and as applied in certain cases under the

provisions of this chapter as in effect after December 1978, by

striking out ", by not less than 3 per centum," after "Department

of Labor exceeds".

Subsec. (i)(2)(C)(i). Pub. L. 99-509, Sec. 9001(b)(1)(A)(i),

redesignated cl. (ii) as (i) and struck out former cl. (i) which

read as follows: "Whenever the level of the Consumer Price Index as

published for any month exceeds by 2.5 percent or more the level of

such index for the most recent base quarter (as defined in

paragraph (1)(A)(ii)) or, if later, the most recent cost-of-living

computation quarter, the Secretary shall (within 5 days after such

publication) report the amount of such excess to the House

Committee on Ways and Means and the Senate Committee on Finance."

Pub. L. 99-509, Sec. 9001(b)(2)(B), amended subpar. (C), as in

effect in December 1978, and as applied in certain cases under the

provisions of this chapter as in effect after December 1978, by

striking out cl. (i) which read as follows: "Whenever the level of

the Consumer Price Index as published for any month exceeds by 2.5

percent or more the level of such index for the most recent base

quarter (as defined in paragraph (1)(A)(ii)) or, if later, the most

recent cost-of-living computation quarter, the Secretary shall

(within 5 days after such publication) report the amount of such

excess to the House Committee on Ways and Means and the Senate

Committee on Finance."

Subsec. (i)(2)(C)(ii). Pub. L. 99-509, Sec. 9001(b)(1)(A),

redesignated cl. (iii) as (ii) and substituted "under clause (i)"

for "under clause (ii)". Former cl. (ii) redesignated (i).

Pub. L. 99-509, Sec. 9001(b)(2)(B), amended subpar. (C), as in

effect in December 1978, and as applied in certain cases under the

provisions of this chapter as in effect after December 1978, by

striking out cl. (ii) designation.

Subsec. (i)(2)(C)(iii). Pub. L. 99-509, Sec. 9001(b)(1)(A)(i),

redesignated cl. (iii) as (ii).

Subsec. (i)(4). Pub. L. 99-509, Sec. 9001(b)(1)(B), inserted "and

by section 9001 of the Omnibus Budget Reconciliation Act of 1986".

Pub. L. 99-272 substituted "the Secretary shall revise the table

of benefits contained in subsection (a) of this section, as in

effect in December 1978, in accordance with the requirements of

paragraph (2)(D) of this subsection as then in effect, except that

the requirement in such paragraph (2)(D) that the Secretary publish

such revision of the table of benefits in the Federal Register

shall not apply" for "the Secretary shall publish in the Federal

Register revisions of the table of benefits contained in subsection

(a) of this section, as in effect in December 1978, as required by

paragraph (2)(D) of this subsection as then in effect".

Subsec. (i)(5)(A)(i). Pub. L. 99-509, Sec. 9001(b)(1)(C),

substituted "because there was no wage increase percentage greater

than zero" for "because the wage increase percentage was less than

3 percent".

Subsec. (i)(5)(B). Pub. L. 99-514, Sec. 1883(a)(7), substituted

"clause (i)(I)" for "subdivision (I)" in cl. (ii) and "clause (i)"

for "subdivisions (I) and (II)" in provisions between cls. (iii)

and (iv).

1984 - Subsec. (a)(1)(B)(i). Pub. L. 98-369, Sec.

2663(a)(10)(A)(i), substituted "for such benefits" for "of such

benefits".

Subsec. (a)(1)(B)(iii). Pub. L. 98-369, Sec. 2663(a)(10)(A)(ii),

substituted "amount" for "amounts" after "except that any".

Subsec. (a)(1)(C)(ii). Pub. L. 98-369, Sec. 2663(a)(10)(A)(iii),

substituted "section 217" for "scetion 217" after "deemed to be

paid to such individual under".

Subsec. (a)(4)(B). Pub. L. 98-369, Sec. 2663(a)(10)(B), realigned

margins of subpar. (B).

Subsec. (a)(7)(B)(ii)(I). Pub. L. 98-369, Sec. 2661(k)(1),

substituted "who become eligible (as defined in paragraph (3)(B))

for old-age insurance benefits (or became eligible as so defined

for disability insurance benefits before attaining age 62)" for

"who initially become eligible for old-age or disability insurance

benefits".

Subsec. (a)(7)(C)(ii). Pub. L. 98-369, Sec. 2661(k)(2),

substituted "survivor's" for "survivors".

Subsec. (f)(2)(A). Pub. L. 98-369, Sec. 2663(a)(10)(C),

substituted "primary insurance amount" for "primary insurance

account".

Subsec. (f)(9)(B)(i). Pub. L. 98-369, Sec. 2661(k)(3),

substituted "as though the recomputed primary insurance amount were

being computed under subsection (a)(7) or (d)(5)" for "as though

such primary insurance amount had initially been computed without

regard to subsection (a)(7) or (d)(5)".

Subsec. (h)(1). Pub. L. 98-369, Sec. 2663(a)(10)(D)(ii),

substituted "Director of the Office of Personnel Management" for

"Civil Service Commission".

Subsec. (i)(5)(A). Pub. L. 98-369, Sec. 2661(k)(4), inserted

provision that any amount so increased that is not a multiple of

$0.10 shall be decreased to the next lower multiple of $0.10.

Subsec. (i)(5)(B)(iii). Pub. L. 98-369, Sec. 2661(k)(5)(A),

substituted "so as to yield such applicable additional percentage

(which shall be rounded to the nearest one-tenth of 1 percent)" for

"and rounding to the nearest one-tenth of 1 percent".

Subsec. (i)(5)(B)(iv), (v). Pub. L. 98-369, Sec. 2661(k)(5)(B),

(C), substituted "ending with the year before such subsequent

calendar year" for "ending with such subsequent calendar year" in

cls. (iv) and (v) and "became eligible (as defined in subsection

(a)(3)(B) of this section) for the old-age or disability insurance

benefit that is being increased under this subsection" for

"initially became eligible for an old-age or disability insurance

benefit" in cl. (v).

1983 - Subsec. (a)(7). Pub. L. 98-21, Sec. 113(a), added par.

(7).

Subsec. (d)(5). Pub. L. 98-21, Sec. 113(b), added par. (5).

Subsec. (f)(5). Pub. L. 98-21, Sec. 201(c)(1)(C), substituted

"retirement age (as defined in section 416(l) of this title)" for

"age 65".

Subsec. (f)(9). Pub. L. 98-21, Sec. 113(c), added par. (9).

Subsec. (i)(1)(A). Pub. L. 98-21, Sec. 111(b)(1), substituted

"September 30" for "March 31" and "1982" for "1974".

Pub. L. 98-21, Sec. 111(b)(2), amended subpar. (A), as in effect

in December 1978, and as applied in certain cases under the

provisions of this chapter as in effect after December 1978, by

substituting "September 30" for "March 31" and "1982" for "1974".

Subsec. (i)(1)(B). Pub. L. 98-21, Sec. 112(a)(1), substituted

"with respect to which the applicable increase percentage is 3

percent or more" for "in which the Consumer Price Index prepared by

the Department of Labor exceeds, by not less than 3 per centum,

such Index in the later of (i) the last prior cost-of-living

computation quarter which was established under this subparagraph,

or (ii) the most recent calendar quarter in which occurred the

effective month of a general benefit increase under this

subchapter".

Subsec. (i)(1)(C) to (H). Pub. L. 98-21, Sec. 112(a)(3), (4),

added subpars. (C) to (G) and redesignated former subpar. (C) as

(H).

Subsec. (i)(2)(A)(ii). Pub. L. 98-21, Sec. 112(b), in provisions

immediately following subcl. (iii), substituted "by the applicable

increase percentage" for "by the same percentage (rounded to the

nearest one-tenth of 1 percent) as the percentage by which the

Consumer Price Index for that cost-of-living computation quarter

exceeds such index for the most recent prior calendar quarter which

was a base quarter under paragraph (1)(A)(ii) or, if later, the

most recent cost-of-living computation quarter under paragraph

(1)(B)".

Pub. L. 98-21, Sec. 111(a)(1), substituted "December" for "June"

in provisions preceding subcl. (I).

Pub. L. 98-21, Sec. 111(a)(6), amended par. (2), as in effect in

December 1978, and as applied in certain cases under the provisions

of this chapter as in effect after December 1978, by substituting

in the provisions preceding subpar. (A)(ii)(I) "December" for

"June".

Subsec. (i)(2)(A)(iii). Pub. L. 98-21, Sec. 111(a)(2),

substituted "November" for "May".

Subsec. (i)(2)(B). Pub. L. 98-21, Sec. 111(a)(3), substituted

"November" for "May" in two places.

Pub. L. 98-21, Sec. 111(a)(6), amended par. (2), as in effect in

December 1978, and as applied in certain cases under the provisions

of this chapter as in effect after December 1978, by substituting

in subpar. (B) "November" for "May" in two places.

Subsec. (i)(2)(C)(iii). Pub. L. 98-21, Sec. 112(d)(1), added cl.

(iii).

Subsec. (i)(4). Pub. L. 98-21, Sec. 112(d)(2), inserted reference

to amendments made by section 112 of the Social Security Amendments

of 1983.

Pub. L. 98-21, Sec. 111(c), inserted reference to amendments made

by section 111(a)(6) and 111(b)(2) of the Social Security

Amendments of 1983.

Subsec. (i)(5). Pub. L. 98-21, Sec. 112(c), added par. (5).

1981 - Subsec. (a)(1)(A). Pub. L. 97-35, Sec. 2206(b)(5),

substituted in provision following cl. (iii) "rounded, if not a

multiple of $0.10, to the next lower multiple of $0.10," for

"rounded in accordance with subsection (g) of this section".

Subsec. (a)(1)(C)(i). Pub. L. 97-35, Sec. 2201(a), struck out

provisions that primary insurance amount computed under subpar. (A)

not be less than the dollar amount set forth on first line of

column IV in table of benefits contained, or deemed to be contained

in, this subsection as in effect in December 1978, rounded, if not

a multiple of $1, to next higher multiple of $1 and that no

increase under subsec. (i) of this section, except as provided in

subsec. (i)(2)(A) of this section, apply to dollar amount so

specified.

Subsec. (a)(1)(C)(ii). Pub. L. 97-35, Sec. 2201(b)(1),

substituted "For the purposes of clause (i)" for "For the purposes

of clause (i)(II)".

Subsec. (a)(3)(A). Pub. L. 97-35, Sec. 2201(b)(2), substituted

"subparagraph (C)(i)" for "subparagraph (C)(i)(II)".

Subsec. (a)(4). Pub. L. 97-35, Sec. 2201(b)(3), (c)(2),

substituted in provision preceding subpar. (A) "subparagraph

(C)(i)" for "subparagraph (C)(i)(II)" and in provision following

subpar. (B) ", as modified by paragraph (6)" and struck out "but

without regard to clauses (iv) and (v) thereof" after "subsection

(i)(2)(A) of this section".

Subsec. (a)(5). Pub. L. 97-123, Sec. 2(a)(1), struck out ", and

the table for determining primary insurance amounts and maximum

family benefits contained in this section in December 1978 shall be

modified as specified in paragraph (6)", and substituted "December

1978 shall be revised" for "December 1978, modified by the

application of paragraph (6), shall be revised".

Pub. L. 97-35, Sec. 2201(c)(3), inserted ", and the table for

determining primary insurance amounts and maximum family benefits

contained in this section in December 1978 shall be modified as

specified in paragraph (6)" and substituted "December 1978,

modified by the application of paragraph (6), shall be revised" for

"December 1978 shall be revised".

Subsec. (a)(6). Pub. L. 97-123, Sec. 2(a)(2), substituted in

subpar. (A) "In applying the table of benefits in effect in

December 1978 under this section for purposes of the last sentence

of paragraph (4), such table, revised as provided by subsection (i)

of this section, as applicable, shall be extended" for "The table

of benefits in effect in December 1978 under this section, referred

to in paragraph (4) in the matter following subparagraph (B) and in

paragraph (5), revised as provided by subsection (i) of this

section, as applicable, shall be extended".

Pub. L. 97-35, Sec. 2201(c)(1), added par. (6).

Subsec. (f)(7). Pub. L. 97-123, Sec. 2(b), inserted provisions

that effective January 1982, the recomputation shall be modified by

the application of subsec. (a)(6) of this section where applicable,

and struck out provision that the recomputation shall be modified

by the application of subsec. (a)(6) of this section, where

applicable.

Pub. L. 97-35, Sec. 2201(c)(4), inserted provision that the

recomputation be modified by the application of subsec. (a)(6) of

this section, where applicable.

Subsec. (f)(8). Pub. L. 97-35, Sec. 2201(b)(4), substituted

"subsection (a)(1)(C)(i) of this section" for "subsection

(a)(1)(C)(i)(II) of this section".

Subsec. (g). Pub. L. 97-35, Sec. 2206(a), struck out "any primary

insurance amount and the amount of" after "The amount of" and

substituted "(after any reduction under sections 403(a) and 424 of

this title and any deduction under section 403(b) of this title,

and after any deduction under section 1395s(a)(1) of this title) is

not a multiple of $1 shall be rounded to the next lower multiple of

$1" for "(after reduction under section 403(a) of this title and

deductions under section 403(b) of this title) is not a multiple of

$0.10 shall be raised to the next higher multiple of $0.10".

Subsec. (i)(2)(A)(ii). Pub. L. 97-35, Sec. 2201(b)(5), (6), in

subcl. (II) struck out "(including a primary insurance amount

determined under subsection (a)(1)(C)(i)(I) of this section, but

subject to the provisions of such subsection (a)(1)(C)(i) of this

section and clauses (iv) and (v) of this subparagraph)" after

"under this subchapter" and in provision following subcl. (III)

substituted "subparagraph (C)(i)" for "subparagraph (C)(i)(II)".

Pub. L. 97-35, Sec. 2206(b)(6), substituted in provision

following subcl. (III) "decreased to the next lower" for "increased

to the next higher".

Subsec. (i)(2)(A)(iii). Pub. L. 97-123, Sec. 2(c), inserted "and,

with respect to a primary insurance amount determined under

subsection (a)(1)(C)(i)(I) of this section in the case of an

individual to whom that subsection (as in effect in December 1981)

applied, subject to the provisions of subsection (a)(1)(C)(i) of

this section and clauses (iv) and (v) of this subparagraph (as then

in effect)" after "provision of this subchapter".

Pub. L. 97-35, Sec. 2201(b)(7), struck out "and, with respect to

a primary insurance amount determined under subsection

(a)(1)(C)(i)(I) of this section, subject to the provisions of

subsection (a)(1)(C)(i) of this section and clauses (iv) and (v) of

this subparagraph" after "provision of this subchapter".

Subsec. (i)(2)(A)(iv). Pub. L. 97-35, Sec. 2201(b)(8), struck out

cl. (iv) which related to increases in the primary insurance amount

for individuals entitled to old-age insurance benefits, individuals

entitled to insurance benefits under section 402(e) and (f) of this

title, increases that would otherwise apply except for provisions

of this clause, and increases occurring in a later year not

applicable to the primary insurance amount on account of provisions

of this clause.

Subsec. (i)(2)(A)(v). Pub. L. 97-35, Sec. 2201(b)(8), struck out

cl. (v) which provided, that notwithstanding cl. (iv), no primary

insurance amount be less than that provided under subsec. (a)(1) of

this section without regard to subpar. (C)(i)(I) thereof, as

subsequently increased by applicable increases under this section.

Subsec. (i)(2)(D). Pub. L. 97-35, Sec. 2201(b)(9), substituted

"subparagraph (C)(i)" for "subparagraph (C)(i)(II)" in two places.

Subsec. (i)(4). Pub. L. 97-123, Sec. 2(d), struck out ", modified

by the application of subsec. (a)(6) of this section,".

Pub. L. 97-35, Sec. 2201(c)(5), inserted ", modified by the

application of subsec. (a)(6) of this section,".

Pub. L. 97-35, Sec. 2206(b)(7), inserted "except that for this

purpose, in applying paragraphs (2)(A)(ii), (2)(D)(iv), and

(2)(D)(v) of this subsection as in effect in December 1978, the

phrase 'increased to the next higher multiple of $0.10' shall be

deemed to read 'decreased to the next lower multiple of $0.10' ".

1980 - Subsec. (a)(4)(B). Pub. L. 96-473 substituted

"recomputation" for "recommendation".

Subsec. (b)(2)(A). Pub. L. 96-265, Sec. 102(a), designated

existing provisions as cl. (i), inserted provision limiting its

applicability to individuals who are entitled to old-age insurance

benefits (except as provided in the second sentence of this

subparagraph) or who have died, and added cl. (ii) and provisions

following cl. (ii).

Subsec. (i)(2)(A)(ii)(III). Pub. L. 96-265, Sec. 101(b)(3),

substituted "section 403(a)(7) and (8)" for "section 403(a)(6) and

(7)".

Subsec. (i)(2)(D). Pub. L. 96-265, Sec. 101(b)(4), inserted

sentence providing that revision of maximum family benefits shall

be subject to paragraph (6) of section 403(a) of this title (as

added by section 101(a)(3) of the Social Security Disability

Amendments of 1980).

1977 - Subsec. (a). Pub. L. 95-216, Sec. 201(a), amended

provisions under which primary insurance amount of an individual is

determined by substituting provisions which employ a formula using

percentages of different portions of the individual's average

indexed monthly earnings for provisions under which the primary

insurance amount of an insured individual was determined through

references to a five-column table covering primary insurance

amounts and maximum family benefits.

Subsec. (b). Pub. L. 95-216, Sec. 201(b), substituted provisions

setting up a formula for determining an individual's average

indexed monthly earnings using benefit computation years,

computation base years, and elapsed years as factors in the

determination, for provisions that had set a formula for

determining an individual's average monthly wage.

Subsec. (c). Pub. L. 95-216, Sec. 201(c), substituted provisions

that this subsection as in effect in Dec. 1978, will remain in

effect with respect to an individual to whom subsec. (a)(1) of this

section does not apply by reason of the individual's eligibility

for an old-age or disability insurance benefit, or the individual's

death, prior to 1979, for provisions under which, for the purposes

of column II of the latest table that had appeared in (or was

deemed to have appeared in) subsec. (a) of this section, an

individual's primary insurance amount was to be computed on the

basis of the law in effect prior to the month in which the latest

such table had become effective, but with a limitation that this

subsection was to be applicable only in the case of an individual

who had become entitled to benefits under section 402(a) or section

423 of this title, or who had died, before such effective month.

Subsec. (d)(1)(A). Pub. L. 95-216, Sec. 201(d)(1), inserted

provisions in subsec. (d)(1)(A) and preceding introductory

provision directing that existing references to subsecs. (a) and

(b) of this section be deemed reference to such subsecs. (a) and

(b) as they were in effect in Dec. 1977.

Subsec. (d)(1)(B). Pub. L. 95-216, Sec. 201(d)(1), made a

parenthetical insertion which limited the existing references to

subpars. (B) and (C) of subsec. (b)(2) of this section to those

provisions as they had been in effect in Dec. 1977, and introduced

a simplified method, using the concept of a divisor and a quotient,

for computing the primary insurance amounts of workers age 21 after

1936 and before 1951 when wages before 1951 are included in the

computations.

Subsec. (d)(1)(D). Pub. L. 95-216, Sec. 201(d)(2), substituted

"40 percent" for "45.6 per centum" and "plus 10 percent of the next

$200 of his average monthly wage, increased by 1 percent for each

increment year" for "plus 11.4 per centum of the next $200 of such

average monthly wage" in existing provisions and inserted

provisions that the number of increment years in the number, not

more than 14 nor less than 4, that is equal to the individual's

total wages prior to 1951 divided by $1,650 (disregarding any

fraction).

Subsec. (d)(3). Pub. L. 95-216, Sec. 201(d)(3), struck out

requirement that when wages prior to 1951 are included in computing

the average monthly wages of an individual who attains age 21 after

1936 and prior to 1951, the present law computation provisions in

effect before the Social Security Amendments of 1967 must be used.

Subsec. (d)(4). Pub. L. 95-216, Sec. 201(d)(4), added par. (4).

Subsec. (e)(1). Pub. L. 95-216, Sec. 201(e), substituted "average

indexed monthly earnings or, in the case of an individual whose

primary insurance amount is computed under subsection (a) of this

section as in effect prior to January 1979, average monthly wage"

for "average monthly wage" and "(before the application, in the

case of average indexed monthly earnings, of subsection (b)(3)(A)

of this section) of (A) the wages paid to him in such year" for "of

(A) the wages paid to him in such year".

Subsec. (e)(2). Pub. L. 95-216, Sec. 201(e), substituted "average

indexed monthly earnings or, in the case of an individual whose

primary insurance amount is computed under subsection (a) of this

section as in effect prior to January 1979, average monthly wage".

Subsec. (f)(2). Pub. L. 95-216, Sec. 201(f)(1), generally

expanded provisions for recomputing primary insurance amounts for

individuals with wages or self-employment income for years after

1978 for any part of which the individuals are entitled to old-age

or disability insurance benefits.

Subsec. (f)(3). Pub. L. 95-216, Sec. 201(f)(2), struck out par.

(3) which had provided for the recomputation of primary insurance

amounts for workers who had self-employment income in 1952 and who

had applied for benefits or died prior to 1961.

Subsec. (f)(4). Pub. L. 95-216, Sec. 201(f)(3), substituted "A

recomputation shall be effective under this subsection only if it

increases the primary insurance amount by at least $1" for "Any

recomputation under this subsection shall be effective only if such

recomputation results in a higher primary insurance amount".

Subsec. (f)(7), (8). Pub. L. 95-216, Sec. 201(f)(4), added pars.

(7) and (8).

Subsec. (i)(2)(A)(ii). Pub. L. 95-216, Sec. 201(g)(1), specified

that an automatic benefit increase effective for June of a year in

which the Secretary determines that a cost-of-living computation

quarter, which triggers such an increase, has occurred will apply

to benefits of those entitled to special payments under sections

427 and 428 of this title, to the primary insurance amounts on

which beneficiaries are entitled including the frozen minimum

primary insurance amounts and special minimum primary insurance

amounts, and to the maximum family benefits at the same time as the

primary insurance amounts on which they are based, where a primary

insurance amount was computed under the law in effect in December

1978 will be increased at the same time as the primary insurance

amounts, except as provided in section 403(a)(7) and (7) of this

title.

Subsec. (i)(2)(A)(iii) to (v). Pub. L. 95-216, Sec. 201(g)(2),

added cls. (iii) to (v).

Subsec. (i)(2)(D). Pub. L. 95-216, Sec. 201(g)(3), substituted

provisions directing publication in the Federal Register of

revisions of the range of primary insurance amounts and of the

range of maximum family benefits for provisions that had directed

publication of the revision of the table of benefits formerly set

out in subsec. (a) and had set out the method of determining the

revision of the table.

Subsec. (i)(2)(D)(v). Pub. L. 95-216, Sec. 103(d), substituted in

cl. (v) "is equal to, or exceeds by less than $5, one-twelfth of

the new contribution and benefit base" for "is equal to one-twelfth

of the new contribution and benefit base" and "plus 20 percent of

the excess of the second figure in the last line of column III as

extended under the preceding sentence over such second figure for

the calendar year in which the table of benefits is revised" for

"plus 20 percent of one-twelfth of the excess of the new

contribution and benefit base for the calendar year following the

calendar year in which such table of benefits is revised (as

determined under section 430 of this title) over such base for the

calendar year in which the table of benefits is revised" in third

sentence.

Subsec. (i)(4). Pub. L. 95-216, Sec. 201(g)(4), added par. (4).

1973 - Subsec. (a). Pub. L. 93-233, Sec. 2(a), in revising

benefits table: in column II, substituted "Primary insurance amount

effective for September 1972" for "Primary insurance amount under

1971 Act" and increased benefit amounts to $84.50-$404.50 from

$70.40-$295.40; in column III, increased benefit amounts to $76 to

$1,096-$1,100 from $76 to $996-$1,000; in column IV, increased

benefit amounts to $93.80-$469.00 from $84.50-$404.50; and in

column V, increased benefit amounts to $140.80-$820.80 from

$126.80-$707.90.

Subsec. (a)(3). Pub. L. 93-233, Sec. 1(h)(1), substituted "$9.00"

for "$8.50".

Subsec. (e)(1). Pub. L. 93-233, Sec. 5(a)(4), substituted

"$13,200" for "$12,600".

Pub. L. 93-66 substituted "$12,600" for "$12,000".

Subsec. (i)(1)(A)(i). Pub. L. 93-233, Sec. 3(a), substituted

"calendar quarter ending on March 31 in each year after 1974" for

"calendar quarter ending on June 30 in each year after 1972".

Subsec. (i)(1)(B)(ii). Pub. L. 93-233, Sec. 3(b), substituted in

exception provision "if in the year prior to such year a law has

been enacted providing a general benefit increase under this

subchapter or if in such prior year such a general benefit increase

becomes effective" for "in which a law has been enacted providing a

general benefit increase under this subchapter or in which such a

benefit increase becomes effective".

Subsec. (i)(2)(A)(i). Pub. L. 93-233, Sec. 3(c), substituted

"1975" for "1974" and struck out "and to subparagraph (E) of this

paragraph" after "paragraph (1)(B)".

Subsec. (i)(2)(A)(ii). Pub. L. 93-233, Sec. 3(d)(1)-(3),

substituted "the base quarter in any year" and "June of such year"

for "such base quarter" and "January of the next calendar year" and

struck out "(subject to subparagraph (E))" before "as provided in

subparagraph (B)", respectively.

Subsec. (i)(2)(B). Pub. L. 93-233, Sec. 3(e), substituted "May"

for "December" in two places and struck out "(subject to

subparagraph (E))" after "shall apply".

Subsec. (i)(2)(C)(ii). Pub. L. 93-233, Sec. 3(f), substituted

"within 30 days after the close of such quarter" for "on or before

August 15 of such calendar year".

Subsec. (i)(2)(D). Pub. L. 93-233, Sec. 3(g), substituted "within

45 days after the close of such quarter" for "on or before November

1 of such calendar year".

Subsec. (i)(2)(E). Pub. L. 93-233, Sec. 3(h), struck out subpar.

(E) providing that "Notwithstanding a determination by the

Secretary under subparagraph (A) that a base quarter in any

calendar year is a cost-of-living computation quarter (and

notwithstanding any notification or publication thereof under

subparagraph (C) or (D)), no increase in benefits shall take effect

pursuant thereto, and such quarter shall be deemed not to be a

cost-of-living computation quarter, if during the calendar year in

which such determination is made a law providing a general benefit

increase under this subchapter is enacted or becomes effective."

1972 - Subsec. (a). Pub. L. 92-336, Sec. 202(a)(3)(A), inserted

"(or, if larger, the amount in column IV of the latest table deemed

to be such table under subsection (i)(2)(D))" after "the following

table" in par. (1)(A), and "(whether enacted by another law or

deemed to be such table under subsection (i)(2)(D))" after

"effective month of a new table" in par. (2).

Pub. L. 92-336, Sec. 201(a), revised benefits table by

substituting "Primary insurance amount under 1971 Act" for "Primary

insurance amount under 1969 Act" and $70.40-$295.40 for $64.00 or

less - $250.70 in column II, adding $751-$996 under minimum average

monthly wage subcolumn of column III, adding $755-$1000 under

maximum average monthly wage subcolumn of column III, substituting

$84.50-$404.50 for $70.40-$295.40 in column IV, and $126.80-$707.90

for $105.60-$517.00 in column V.

Pub. L. 92-336, Sec. 201(c), inserted "The primary insurance

amount of an insured individual shall be determined as follows:"

after "(a)", redesignated introductory material and pars. (1) to

(3) as par. (1) and subpars. (A) to (C) respectively, and as so

redesignated, in par. (1) inserted provision relating to exception

in par. (2) and in subpars. (A) to (C) made changes in phraseology,

and redesignated par. (4) as par. (2) and as so redesignated,

inserted provisions relating to determination of primary insurance

amount where individual was entitled to disability insurance

benefits under section 423 of this title.

Subsec. (a)(1). Pub. L. 92-603, Sec. 101(a)(1), inserted

reference to paragraph (3) in provisions preceding subpar. (A).

Subsec. (a)(2). Pub. L. 92-603, Sec. 101(c), designated existing

provisions as subpar. (A), inserted "(whether enacted by another

law or deemed to be such table under subsection (i)(2)(D) of this

section)", and added subpar. (B).

Subsec. (a)(3). Pub. L. 92-603, Sec. 101(a)(2), added par. (3)

and provisions following such par. (3) covering the individual's

"years of coverage" for purposes of par. (3).

Pub. L. 92-603, Sec. 144(a)(1), substituted in column II "254.40"

for "251.40" and in column III "696" for "699".

Subsec. (b)(3). Pub. L. 92-603, Sec. 104(b), struck out

provisions setting a separate age computation point for women and

reduced from age 65 to age 62 the age computation point for men.

Subsec. (b)(4). Pub. L. 92-336, Sec. 202(a)(3)(B), substituted

provisions relating to an individual who becomes entitled to

benefits in or after the month in which a new table that appears in

(or is deemed by subsec. (i)(2)(D) to appear in) subsec. (a)

becomes effective for provisions relating to an individual who

becomes entitled to benefits after August 1972 in subpar. (A),

substituted provisions relating to an individual who dies in or

after the month in which such table becomes effective for

provisions relating to an individual who dies after August 1972 in

subpar. (B), and added subpar. (C).

Pub. L. 92-336, Sec. 201(d), substituted "August 1972" for

"December 1970" in two places.

Subsec. (c). Pub. L. 92-336, Sec. 202(a)(3)(C), substituted

provisions relating to the computation of an individual's primary

insurance amount based on the law in effect prior to the month in

which the latest table appearing in (or is deemed to be appearing

in) subsec. (a) of this section becomes effective, for provisions

relating to the computation of an individual's primary insurance

amount based on the law in effect prior to September 1972 in

subpar. (1), and substituted ", or who died, before such effective

month" for "before September 1972, or who died before such month"

in subpar. (2).

Pub. L. 92-336, Sec. 201(e), substituted "September 1972" for

"March 17, 1971" in two places, and "month" for "date".

Subsec. (d)(1)(C)(iv). Pub. L. 92-603, Sec. 142(b), added cl.

(iv).

Subsec. (d)(2). Pub. L. 92-603, Secs. 134(b), 142(c), inserted

references to subsec. (f)(6) of this section and section 431 of

this title.

Subsec. (e)(1). Pub. L. 92-336, Sec. 203(a)(4), inserted

provisions eliminating from the computation of an individual's

average monthly wage excess amounts in calendar years after 1971

and before 1975, and excess over amounts equal to the contribution

and benefit base in the case of any calendar year after 1974 with

respect to which such contribution and benefit base is effective.

Subsec. (f)(2). Pub. L. 92-603, Secs. 101(d), 134(a)(1), inserted

reference to subsec. (a)(3) of this section in provisions preceding

subpar. (A) and in subpar. (B) struck out provision relating to any

individual whose increase in his primary insurance amount is

attributable to compensation which, upon his death, is treated as

remuneration for employment under section 405(o) of this title.

Pub. L. 92-336, Sec. 201(f), substituted "subsection (a)(1) (A)

and (C) of this section" for "subsection (a) (1) and (3) of this

section."

Subsec. (f)(6). Pub. L. 92-603, Sec. 134(a)(2), added par. (6).

Subsec. (i). Pub. L. 92-336, Sec. 202(a)(1), added subsec. (i).

Subsec. (i)(2)(A)(ii). Pub. L. 92-603, Sec. 101(e), inserted

"(but not including a primary insurance amount determined under

subsection (a)(3) of this section)" after "under this subchapter".

1971 - Subsec. (a). Pub. L. 92-5, Sec. 201(a), revised benefits

table by: substituting "Primary insurance amount under 1969 Act"

for "Primary insurance amount under 1967 Act" and $64.00 or less -

$250.70 for $55.40 or less - $218.00 in column II, adding $653-$746

under minimum average monthly wage subcolumn of column III,

striking out $650 and adding $652-$750 under maximum average

monthly wage subcolumn of column III, substituting $70.40-$295.40

for $64.00-$250.70 in column IV, and $105.60-$517.00 for

$96.00-$434.40 in column V.

Subsec. (b)(4). Pub. L. 92-5, Sec. 201(c), substituted "December

1970" for "December 1969" in two places.

Subsec. (c). Pub. L. 92-5, Sec. 201(d), substituted "prior to

March 17, 1971" for "prior to December 30, 1969" in subpar. 1, and

substituted "before March 17, 1971, or who died before such date"

for "before January 1970, or who died before such month" in subpar.

2.

Subsec. (e)(1). Pub. L. 92-5, Sec. 203(a)(4), substituted "the

excess over $7,800 in the case of any calendar year after 1967 and

before 1972, and the excess over $9,000 in the case of any calendar

year after 1971" for "and the excess over $7,800 in the case of any

calendar year after 1967".

1969 - Subsec. (a). Pub. L. 91-172, Sec. 1002(a), revised

benefits table to increase: the primary insurance amount limits to

$64.00-$250.70 for people whose average monthly wage is $76.00 or

less for the minimum, and $650.00 for the maximum, the primary

insurance amounts of retired workers on the benefit rolls from

$48.00 or less to $55.40 at the minimum, and from $168.00 to

$218.00 at the maximum, and the family benefits limits to

$96.00-$434.40 from $82.50-$434.40.

Subsec. (b)(4). Pub. L. 91-172, Sec. 1002(c), substituted

references to December 1969 for references to January 1968.

Subsec. (c). Pub. L. 91-172, Sec. 1002(d), substituted "December

30, 1969" for "January 2, 1968" in subpar. (1), and "January 1970"

for "February 1968" in subpar. (2).

1968 - Subsec. (a). Pub. L. 90-248, Sec. 101(a), revised benefits

table to increase: the primary insurance amount limits to $55.00 -

$218.00 for people whose average monthly wage is $74.00 or less for

the minimum and $650.00 for the maximum, the primary insurance

amounts of retired workers on the benefit rolls from $48.00 or less

to $55.00 at the minimum and from $168.00 to $189.90 at the

maximum, and the family benefit limits to $82.50-$434.40 from

$66.00-$368.00.

Subsec. (b)(4). Pub. L. 90-248, Sec. 101(c)(1), amended par. (4)

generally, substituting "January 1968" for "December 1965" in

subpars. (A) and (B), striking out ", as amended by the Social

Security Amendments of 1965;" at end of subpar. (C), and striking

out provision that the subsection would not apply to any individual

described therein for purposes of monthly benefits for months

before January 1966.

Subsec. (b)(5). Pub. L. 90-248, Sec. 101(c)(2), struck out par.

(5) which preserved the method in effect before the enactment of

the 1965 amendments of computing average monthly earnings for

people who become entitled to benefits or a recomputation of

benefits before 1966.

Subsec. (c). Pub. L. 90-248, Sec. 101(d), substituted "1965 Act"

for "1958 Act, as modified" in heading and "on the basis of the law

in effect prior to the enactment of the Social Security Amendments

of 1967" for "as provided in, and subject to the limitations

specified in, (A) this section as in effect prior to July 30, 1965

and (B) the applicable provisions of the Social Security Amendments

of 1960" in par. (1) and "the month of February 1968, or who died

before such month" for "July 30, 1965 or who died before such date"

in par. (2).

Subsec. (d)(1). Pub. L. 90-248, Sec. 155(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "For the

purposes of column I of the table appearing in subsection (a) of

this section. An individual's primary insurance benefit shall be

computed as provided in this subchapter as in effect prior to

August 28, 1950, except that -

"(A) In the computation of such benefit, such individual's

average monthly wage shall (in lieu of being determined under

section 409(f) of this title as in effect prior to August 28,

1950) be determined as provided in subsection (b) of this section

(but without regard to paragraphs (4) and (5) thereof), except

that for the purposes of paragraphs (2)(C) and (3) of subsection

(b) of this section, 1936, shall be used instead of 1950.

"(B) For purposes of such computation, the date he became

entitled to old-age insurance benefits shall be deemed to be the

date he became entitled to primary insurance benefits.

"(C) The 1 per centum addition provided for in section

409(e)(2) of this title as in effect prior to August 28, 1950

shall be applicable only with respect to calendar years prior to

1951, except that any wages paid in any year prior to such year

all of which was included in a period of disability shall not be

counted.

"(D) The provisions of subsection (e) of this section shall be

applicable to such computation."

Subsec. (d)(2)(B), (C). Pub. L. 90-248, Sec. 155(a)(2), struck

out subpar. (B), redesignated subpar. (C) as (B), inserted

exception phrase at beginning of subpar. (B), and added subpar.

(C).

Subsec. (d)(3). Pub. L. 90-248, Sec. 155(a)(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

provisions of this subsection as in effect prior to September 13,

1960 shall be applicable in the case of an individual who meets the

requirements of subsection (b)(5) of this section (as in effect

after September 13, 1965)."

Subsec. (e)(1). Pub. L. 90-248, Sec. 108(a)(4), substituted "the

excess over $6,600 in the case of any calendar year after 1965 and

before 1968, and the excess over $7,800 in the case of any calendar

year after 1967" for "and the excess over $6,600 in the case of any

calendar year after 1965".

Subsec. (f)(2). Pub. L. 90-248, Sec. 155(a)(4), (5), struck out

subpars. (A) to (D) and text preceding (A) by substituting

provisions that if an individual has wages or self-employment

income for a year after 1965 for any part of which he is entitled

to old-age insurance benefits, the Secretary is to recompute his

primary insurance amount with respect to each such year, and that

such recomputation shall be made as provided in subsec. (a)(1) and

(3) as though the year with respect to which such recomputation is

made is the last year of the period specified in subsec. (b)(2)(C)

for former provisions for a recomputation with respect to each year

after Dec. 31, 1964, and for any part of which an individual was

entitled to old-age insurance benefits, that such recomputation was

to be made as provided in subsec. (a)(1) and (3) if such year was

either the year in which he became entitled to such old-age

insurance benefits or the preceding year or as provided in subsec.

(a)(1) in any other case, and that in all cases such recomputation

was to be made as though the year with respect to which it was to

be made was the last year of the period specified in subsec.

(b)(2)(C); and redesignated subpars. (E) and (F) as (A) and (B).

Subsec. (f)(5). Pub. L. 90-248, Sec. 155(a)(6), added par. (5).

Subsec. (h)(1). Pub. L. 90-248, Sec. 403(b), substituted

"subchapter III of chapter 83 of title 5" for "the Civil Service

Retirement Act" in two places.

1965 - Subsec. (a). Pub. L. 89-97, Sec. 301(a), revised the

benefits table to increase: the primary insurance amount limits to

$44-$168 for people whose average monthly wage is $67 or less for

the minimum and $550 for the maximum from $40-$127 for people whose

average monthly wage is $67 or less for the minimum and $400 for

the maximum (representing an increase of 7-percent for average

monthly wages of $400 or less with minimum increase of $4); the

primary insurance amounts of retired workers on the benefit rolls

from $40 to $44 at the minimum and from $127 to $135.90 at the

maximum; and the family benefit limits to $66-$368 from $60-$254

(determined on basis of new formula and representing minimum

increase of $6).

Subsec. (a)(4). Pub. L. 89-97, Sec. 304(k), substituted "the

primary insurance amount upon which such disability insurance

benefit is based" for "such disability insurance benefit".

Pub. L. 89-97, Sec. 303(e), amended introductory provisions

generally. Prior to amendment, introductory provisions read as

follows: "In the case of -

"(A) a woman who was entitled to a disability insurance benefit

for the month before the month in which she died or became

entitled to old-age insurance benefits, or

"(B) a man who was entitled to a disability insurance benefit

for the month before the month in which he died or attained age

65,".

Subsec. (b)(2)(C). Pub. L. 89-97, Sec. 302(a)(1), excluded from

an insured individual's computation base years the year in which he

became entitled to benefits and included in his computation base

years (for purposes of survivors' benefits) the year in which he

died to make an individual's computation base years the calendar

years occurring after 1950 and up to the year in which his first

month of entitlement to a benefit occurred or the year after the

year in which he died.

Subsec. (b)(3)(A) to (C). Pub. L. 89-97, Sec. 302(a)(2),

substituted in: cl. (A) ", if it occurred earlier but after 1960,

the year in which she attained age 62," for "(if earlier) the first

year after 1960 in which she both was fully insured and had

attained age 62."; cl. (B) ", if it occurred earlier but after

1960, the year in which he attained age 65" for "(if earlier) the

first year after 1960 in which he both was fully insured and had

attained age 65"; and cl. (C) "the year occurring after 1960 in

which he attained (or would attain) age 65" for "the first year

after 1960 in which he attained (or would attain) age 65 or (if

later) the first year in which he was fully insured".

Subsec. (b)(4), (5). Pub. L. 89-97, Sec. 302(a)(3), amended pars.

(4) and (5) generally. Prior to amendment, pars. (4) and (5) read

as follows:

"(4) The provisions of this subsection shall be applicable only

in the case of an individual with respect to whom not less than six

of the quarters elapsing after 1950 are quarters of coverage, and -

"(A) who becomes entitled to benefits after December 1960 under

section [section 402(a) or section 423 of this title]; or

"(B) who dies after December 1960 without being entitled to

benefits under section [section 402(a) or section 423 of this

title]; or

"(C) who files an application for a recomputation under

subsection (f)(2)(A) of this section after December 1960 and is

(or would, but for the provisions of subsection (f)(6) of this

section, be) entitled to have his primary insurance amount

recomputed under subsection (f)(2)(A) of this section; or

"(D) who dies after December 1960 and whose survivors are (or

would, but for the provisions of subsection (f)(6) of this

section, be) entitled to a recomputation of his primary insurance

amount under subsection (f)(4) of this section.

"(5) In the case of any individual -

"(A) to whom the provisions of this subsection are not made

applicable by paragraph (4), but

"(B)(i) prior to 1961, met the requirements of this paragraph

(including subparagraph (E) thereof) as in effect prior to the

enactment of the Social Security Amendments of 1960, or (ii)

after 1960, meets the conditions of subparagraph (E) of this

paragraph as in effect prior to such enactment,

then the provisions of this subsection as in effect prior to such

enactment shall apply to such individual for the purposes of column

III of the table appearing in subsection (a) of this section."

Subsec. (c). Pub. L. 89-97, Sec. 301(b), substituted in par.

(1)(A) "prior to the enactment of the Social Security Amendments of

1965" and executed in the Code "prior to July 30, 1965" for "prior

to the enactment of the Social Security Amendments of 1958" and

executed in the Code "prior to August 28, 1958"; in par. (1)(B)

"Social Security Amendments of 1960" for "Social Security

Amendments of 1954"; in par. (2), formerly designated (2)(A),

"before July 30, 1965 or who died before such date" for "or died

prior to January 1959"; and deleted par. (2)(B) making the

provisions of the subsection applicable only in the case of an

individual "to whom the provisions of neither paragraph (4) nor

paragraph (5) of subsection (b) of this section are applicable."

Subsec. (d)(1)(A). Pub. L. 89-97, Sec. 302(b)(1), substituted

"(2)(C) and (3)" for "(2)(C)(i) and (3)(A)(i)", "1936" for

"December 31, 1936," and "1950" for "December 31, 1950".

Subsec. (d)(3). Pub. L. 89-97, Sec. 302(b)(2), substituted "1965"

for "1960" in two places and struck out at the end "but without

regard to whether such individual has six quarters of coverage

after 1950".

Subsec. (e)(1). Pub. L. 89-97, Sec. 320(a)(4), substituted "the

excess over $4,800 in the case of any calendar year after 1958 and

before 1966, and the excess over $6,600 in the case of any calendar

year after 1965" for "and the excess over $4,800 in the case of any

calendar year after 1958".

Subsec. (e)(3). Pub. L. 89-97, Sec. 302(c), struck out par. (3)

which provided that for the purposes of subsecs. (b) and (d) of

this section, if an individual had self-employment income in a

taxable year which began prior to the calendar year in which he

became entitled to old-age insurance benefits and ended after the

last day of the month preceding the month in which he became so

entitled, his self-employment income in such taxable year should

not be counted in determining his benefit computation years, except

as provided in subsection (f)(3)(C) of this section.

Subsec. (f)(2). Pub. L. 89-97, Sec. 302(d)(1), substituted

provisions for annual automatic recomputation of benefits, taking

into account any earnings the person had in or after the year in

which he became entitled to benefits, and effective in the case of

a living beneficiary with January of the year following the year in

which the earnings were received and in death cases for survivors'

benefits beginning with the month of death for former provisions

which required an application for the recomputation to include

earnings in a year after entitlement and that the person have six

quarters of coverage after 1950 to qualify for the recomputation

and was not available unless the person had earnings of more than

$1,200 for the year.

Subsec. (f)(3). Pub. L. 89-97, Sec. 302(d)(2), redesignated par.

(5) as (3) and repealed former par. (3) which provided for a

recomputation of benefits to include earnings in the year of

entitlement to benefits or in the year in which an individual's

benefits were recomputed on account of additional earnings and is

now covered by the annual automatic recomputation of benefits

provision of subsec. (f)(2) of this section.

Subsec. (f)(4). Pub. L. 89-97, Sec. 302(d)(2), redesignated par.

(6) as (4) and repealed former par. (4) which provided for a

recomputation of benefits for the purpose of paying benefits to

survivors of an individual who died after 1960 and who had been

entitled to old-age insurance benefits and is now covered by the

annual automatic recomputation of benefits provision of subsec.

(f)(2) of this section.

Subsec. (f)(5), (6). Pub. L. 89-97, Sec. 302(d)(2), redesignated

pars. (5) and (6) as (3) and (4), respectively.

Subsec. (f)(7). Pub. L. 89-97, Sec. 302(d)(2), repealed par. (7)

which provided for recomputation at age 65 of the benefits of an

individual who became entitled to benefits before that age and is

now covered by the annual automatic recomputation of benefits

provision of subsec. (f)(2) of this section.

1961 - Subsec. (a). Pub. L. 87-64, Secs. 101(a), 102(d)(1),

increased minimum primary insurance amount from $33 to $40, and

minimum family benefit from $53 to $60, and in the case of a man,

limited provisions which permit the primary insurance amount to be

equal to the disability insurance benefit for the month before the

month in which the man became entitled to old-age insurance

benefits only if the man first became entitled to old-age insurance

benefits at age 65.

Subsec. (b)(3). Pub. L. 87-64, Sec. 102(d)(2), substituted "For

purposes of paragraph (2), the number of an individual's elapsed

years is the number of calendar years after 1950 (or, if later, the

year in which he attained age 21) and before -

"(A) in the case of a woman, the year in which she died or (if

earlier) the first year after 1960 in which she both was fully

insured and had attained age 62,

"(B) in the case of a man who has died, the year in which he

died or (if earlier) the first year after 1960 in which he both

was fully insured and had attained age 65, or

"(C) in the case of a man who has not died, the first year

after 1960 in which he attained (or would attain) age 65 or (if

later) the first year in which he was fully insured"

for the following provisions: "For the purposes of paragraph (2),

an individual's 'elapsed years' shall be the number of calendar

years -

"(A) after (i) December 31, 1950, or (ii) if later, December 31

of the year in which he attained the age of twenty-one, and

"(B) prior to (i) the year in which he died, or (ii) if

earlier, the first year after December 31, 1960, in which he both

was fully insured and had attained retirement age."

Subsec. (f)(7). Pub. L. 87-64, Sec. 102(d)(3), added par. (7).

1960 - Subsec. (b)(1). Pub. L. 86-778, Sec. 303(a), substituted

provisions defining "average monthly wage" as the quotient obtained

by dividing (A) the total of an individual's wages paid in and

self-employment income credited to his benefit computation years,

by (B) the number of months in such years, for provisions which

defined the term as the quotient obtained by dividing the total of

his wages and self-employment income after his starting date and

prior to his closing date by the number of months elapsing after

such starting date and prior to such closing date, excluding the

months in any year prior to the year in which the individual

attained the age of 22 if less than two quarters of such prior

years were quarters of coverage and the months in any year any part

of which was included in a period of disability except the months

in the year in which such period of disability began if their

inclusion will result in a higher primary insurance amount.

Subsec. (b)(2). Pub. L. 86-778, Sec. 303(a), substituted

provisions relating to benefit computation years and to computation

base years for provisions which defined an individual's starting

date as December 31, 1950, or if later, the last day of the year in

which he attains the age of 21, whichever results in the higher

primary insurance amount.

Subsec. (b)(3). Pub. L. 86-778, Sec. 303(a), substituted

provisions defining an individual's elapsed years for provisions

which defined an individual's closing date as the first day of the

year in which he died or became entitled to old-age insurance

benefits, whichever first occurred, or the first day of the first

year in which he both was fully insured and had attained retirement

age, whichever results in the higher primary insurance amount.

Subsec. (b)(4). Pub. L. 86-778, Sec. 303(a), substituted

provisions prescribing the applicability of subsec. (f) for

provisions which required the Secretary to determine the five or

fewer calendar years after an individual's starting date and prior

to his closing date which, if the months of such years and his

wages and self-employment income for such years were excluded in

computing his average monthly wage, would produce the highest

primary insurance amount, and which required exclusion of such

months and such wages and self-employment income for purposes of

computing an individual's average monthly wage.

Subsec. (b)(5). Pub. L. 86-778, Sec. 303(a), substituted

provisions making subsec. (f) applicable in the case of an

individual to whom the provisions of subsec. (f) are not made

applicable by par. (4) but prior to 1961, met the requirements of

this paragraph as in effect prior to Sept. 13, 1960, or, after

1960, meets the conditions of subpar. (E) of this paragraph as in

effect prior to Sept. 13, 1960, for provisions which prescribed the

applicability of subsec. (f) of this section. Former provisions of

par. (5) were covered by par. (4) of this section.

Subsec. (c)(2)(B). Pub. L. 86-778, Sec. 303(b), substituted "to

whom the provisions of neither paragraph (4) nor paragraph (5) of

subsection (b) of this section are applicable" for "to whom the

provisions of paragraph (5) of subsection (b) of this section are

not applicable".

Subsec. (d)(1)(A). Pub. L. 86-778, Sec. 303(c)(1), substituted

"be determined as provided in subsection (b) of this section (but

without regard to paragraphs (4) and (5) thereof), except that for

the purposes of paragraphs (2)(C)(i) and (3)(A)(i) of subsection

(b) of this section, December 31, 1936, shall be used instead of

December 31, 1950" for "be determined as provided in subsection (b)

of this section (but without regard to paragraph (5) thereof),

except that his starting date shall be December 31, 1936".

Subsec. (d)(1)(C). Pub. L. 86-778, Sec. 303(c)(2), substituted

"all of which was included" for "any part of which was included",

and struck out provisions which required the wages paid in the year

in which the period of disability began to be counted if the

counting of such wages would result in a higher primary insurance

amount.

Subsec. (d)(2)(B). Pub. L. 86-778, Sec. 303(c)(3), substituted

"paragraph (4) of subsection (b) of this section" for "paragraph

(5) of subsection (b) of this section".

Subsec. (d)(3). Pub. L. 86-778, Sec. 303(c)(4), added par. (3).

Subsec. (e)(3). Pub. L. 86-778, Sec. 303(d)(1), substituted "if

an individual has self-employment income in a taxable year which

begins prior to the calendar year in which he becomes entitled to

old-age insurance benefits and ends after the last day of the month

preceding the month in which he becomes so entitled, his

self-employment income in such taxable year shall not be counted in

determining his benefit computation years" for "if an individual's

closing date is determined under paragraph (3)(A) of subsection (b)

of this section and he has self-employment income in a taxable year

which begins prior to such closing date and ends after the last day

of the month preceding the month in which he becomes entitled to

old-age insurance benefits, there shall not be counted, in

determining his average monthly wage, his self-employment income in

such taxable year".

Subsec. (e)(4). Pub. L. 86-778, Sec. 303(d)(2), struck out par.

(4) which prohibited, in computing an individual's average monthly

wage, the counting of any wages paid such individual in any year

any part of which was included in a period of disability, or any

self-employment income of such individual credited pursuant to

section 412 of this title to any year any part of which was

included in a period of disability, unless the months of such year

are included as elapsed months pursuant to subsec. (b)(1)(B) of

this section.

Subsec. (f)(2)(A). Pub. L. 86-778, Sec. 303(e)(1), substituted

"1960" for "1954" in opening provisions, and "filed such

application after such calendar year" for "filed such application

no earlier than six months after such calendar year" in cl. (iii).

Subsec. (f)(2)(B). Pub. L. 86-778, Sec. 303(e)(2), substituted

provisions requiring a recomputation pursuant to subpar. (A) to be

made only as provided in subsec. (a)(1) of this section, if the

provisions of subsec. (b) of this section, as amended by Pub. L.

86-778, were applicable to the last previous computation of the

individual's primary insurance amount, or as provided in subsec.

(a)(1) and (3) of this section in all other cases for provisions

which required a recomputation to be made only as provided in

subsec. (a) of this section, inserted provisions requiring the

computation base years, if cl. (i) of this subparagraph is

applicable to such recomputation, to include only calendar years

occurring prior to the year in which he filed his application for

such recomputation, and struck out provisions which prescribed the

method of making the recomputation if subsec. (b)(4) of this

section were applicable to the previous computation.

Subsec. (f)(3)(A). Pub. L. 86-778, Sec. 303(e)(3), substituted

"December 1960" for "August 1954" in two places, struck out

provisions which related to applications by individuals whose

primary insurance amount was recomputed under section 102(e)(5) or

102(f)(2)(B) of the Social Security Amendments of 1954, and

substituted "except that such individual's computation base years

referred to in subsection (b)(2) of this section shall include the

calendar year referred to in the preceding sentence" for "except

that his closing date for purposes of subsection (b) of this

section shall be the first day of the year following the year in

which he became entitled to old-age insurance benefits or in which

he filed his application for the last recomputation (to which he

was entitled) of his primary insurance amount under any provision

of law referred to in clause (ii) or (iii) of the preceding

sentence, whichever is later".

Subsec. (f)(3)(B). Pub. L. 86-778, Sec. 303(e)(3), substituted

"December 1960" for "August 1954" in three places, struck out

provisions which related to individuals whose primary insurance

amount was recomputed under section 102(e)(5) or section 102(f)(2)

of the Social Security Amendments of 1954, and individuals with

respect to whom the last previous computation or recomputation of

their primary insurance amount was based upon a closing date

determined under subpar. (A) or (B) of subsec. (b)(3) of this

section, and substituted "except that such individual's computation

base years referred to in subsection (b)(2) of this section shall

include the calendar year in which he died in the case of an

individual who was not entitled to old-age insurance benefits at

the time of death or whose primary insurance amount was recomputed

under paragraph (4) of this subsection, or in all other cases, the

calendar year in which he filed his application for the last

previous computation of his primary insurance amount" for "except

that his closing date for purposes of subsection (b) of this

section shall be the day following the year of death in case he

died without becoming entitled to old-age insurance benefits, or in

case he was entitled to old-age insurance benefits, the day

following the year in which was filed the application for the last

previous computation of his primary insurance amount or in which

the individual died, whichever first occurred".

Subsec. (f)(3)(C). Pub. L. 86-778, Sec. 303(e)(3), substituted

"In the case of an individual who becomes entitled to old-age

insurance benefits in a calendar year after 1960, if such

individual has self-employment income in a taxable year which

begins prior to such calendar year and ends after the last day of

the month preceding the month in which he became so entitled, the

Secretary shall recompute such individual's primary insurance

amount after the close of such taxable year and shall take into

account in determining the individual's benefit computation years

only such self-employment income in such taxable year as is

credited, pursuant to section 412 of this title, to the year

preceding the year in which he became so entitled" for "If an

individual's closing date is determined under paragraph (3)(A) of

subsection (b) of this section and he has self-employment income in

a taxable year which begins prior to such closing date and ends

after the last day of the month preceding the month in which he

became entitled to old-age insurance benefits, the Secretary shall

recompute his primary insurance amount after the close of such

taxable year, taking into account only such self-employment income

in such taxable year as is, pursuant to section 412 of this title,

allocated to calendar quarters prior to such closing date."

Subsec. (f)(4). Pub. L. 86-778, Sec. 303(e)(4), struck out

"(without the application of clause (iii) thereof)" after

"paragraph (2)(A)" in cl. (A), struck out provisions from the

second sentence which required, if the recomputation is permitted

by subpar. (A), to include in such recomputation any compensation

(described in section 405(o) of this title) paid to him prior to

the closing date which would have been applicable under such

paragraph, and substituted "which were considered in the last

previous computation of his primary insurance amount and the

compensation (described in section 405(o) of this title) paid to

him in the years in which such wages were paid or to which such

self-employment income was credited" for "which were taken into

account in the last previous computation of his primary insurance

amount and the compensation (described in section 405(o) of this

title) paid to him prior to the closing date applicable to such

computation" in third sentence.

Subsec. (f)(5). Pub. L. 86-778, Sec. 304(a), substituted "then

upon application filed by such individual after the close of such

taxable year and prior to January 1961 or (if he died without

filing such application and such death occurred prior to January

1961)" for "then upon application filed after the close of such

taxable year by such individual (or if he died without filing such

application)".

Subsec. (g). Pub. L. 86-778, Sec. 211(n), inserted "and

deductions under section 403(b) of this title".

Subsec. (h). Pub. L. 86-778, Sec. 103(j)(2)(C), substituted

"section 410(l)(1) of this title" for "section 410(m)(1) of this

title", in par. (1).

Pub. L. 86-415 added subsec. (h).

1958 - Subsec. (a). Pub. L. 85-840, Sec. 101(a), amended subsec.

(a) generally, and, among other changes, substituted a new method

for computing the primary insurance amount of an individual for

provisions which established the primary insurance amount as either

55% of the first $110 of an individual's average monthly wage, plus

20% of the next $240, or the amount determined by use of the

conversion table under former subsec. (c) of this section,

whichever was larger.

Subsec. (b)(1). Pub. L. 85-840, Sec. 101(b)(1), substituted "for

the purposes of column III of the table appearing in subsection (a)

of this section, an" for "An".

Subsec. (b)(5). Public L. 85-840, Sec. 101(b)(2), added par. (5).

Subsec. (c). Pub. L. 85-840, Sec. 101(c), amended subsec. (c)

generally, and, among other changes, substituted provisions for

computation of the primary insurance amount of an individual under

the 1954 Act for provisions which related to determinations made by

use of the conversion table.

Subsec. (d). Pub. L. 85-840, Sec. 101(d), substituted provisions

for computation of the primary insurance benefit under the 1939 Act

for provisions which related to determination of the primary

insurance benefit and primary insurance amount for purposes of the

conversion table in former subsec. (c) of this section.

Subsec. (e). Pub. L. 85-840, Sec. 102(d), substituted "(d) of

this section" for "(d)(4) of this section" in opening provisions

and in cl. (2), and inserted "and before 1959, and the excess over

$4,800 in the case of any calendar year after 1958" after "after

1954", in cl. (1).

Subsec. (g). Pub. L. 85-840, Sec. 205(m), struck out provisions

which related to reduction under section 424 of this title.

1956 - Subsec. (a)(3). Act Aug. 1, 1956, Sec. 103(c)(4), added

par. (3).

Subsec. (b)(1). Act Aug. 1, 1956, Sec. 115(a), excluded from

computation of an individual's average wage the months in any year

any part of which was included in a period of disability, except

the months in any year in which a period of disability began if

their inclusion would result in a higher primary insurance amount.

Subsec. (b)(4). Act Aug. 1, 1956, Sec. 109(a), substituted "five"

for "four", and struck out provisions which required the maximum

number of calendar years determined under this clause to be five in

the case of any individual who has not less than 20 quarters of

coverage.

Subsec. (d)(5). Act Aug. 1, 1956, Sec. 115(b), excluded from the

computation all quarters in any year prior to 1951 any part of

which was included in a period of disability, except the quarters

in the year in which a period of disability began if the inclusion

of such quarters would result in a higher primary insurance amount.

Subsec. (e)(4). Act Aug. 1, 1956, Sec. 115(c), excluded any wages

paid to an individual in any year any part of which was included in

a period of disability, and any self-employment income credited to

such year unless the months of such year are included as elapsed

months.

Subsec. (g). Act Aug. 1, 1956, Sec. 103(c)(5), inserted

references to sections 423 and 424 of this title.

1954 - Subsec. (a). Act Sept. 1, 1954, Sec. 102(a), provided a

new benefit formula, for computing primary insurance amount for

certain individuals, of 55 percent of the first $110 of average

monthly wage plus 20 percent of the next $240 and provided that

other individuals have their primary insurance amount computed

under subsection (c) of this section.

Subsec. (b). Act Sept. 1, 1954, Sec. 102(b), provided standard

end-of-the-year starting and beginning-of-the-year closing dates,

applicable to both wage earners and self-employed individuals, for

computation of the average monthly wage, and provided for the

exclusion of up to 5 years in which earnings were lowest (or

non-existent) from the average monthly wage computation.

Subsec. (b)(1). Act Sept. 1, 1954, Sec. 106(c)(1), inserted "and

any month in any quarter any part of which was included in a period

of disability (as defined in section 416(i) of this title) unless

such quarter was a quarter of coverage" after "quarters of

coverage".

Subsec. (c). Act Sept. 1, 1954, Sec. 102(c), provided a new

conversion table with increased benefits for individuals already on

the rolls and computed the primary insurance amount of certain

individuals who come on the rolls after the enactment of the act.

Subsec. (d). Act. Sept. 1, 1954, Sec. 102(d), inserted provisions

for computation of a primary insurance amount for purposes of the

conversion table.

Subsec. (d)(5). Act Sept. 1, 1954, Sec. 106(c)(2), added subsec.

(d)(5). Former subsec. (d)(5), which was added by act July 18,

1952, Sec. 3(c)(3), ceased to be in effect at the close of June 30,

1953. See Termination Date of 1952 Amendment note set out under

section 413 of this title.

Subsec. (d)(6). Act Sept. 1, 1954, Sec. 102(d)(4), added par.

(6).

Subsec. (e). Act Sept. 1, 1954, Sec. 104(d), provided that

earnings up to $4,200, in any calendar year after 1954, shall be

used in the computation of an individual's average monthly wage.

Subsec. (e)(3). Act Sept. 1, 1954, Sec. 102(e)(1), added par.

(3).

Subsec. (e)(4). Act Sept. 1, 1954, Sec. 106(c)(3), added par.

(4).

Subsec. (f)(2). Act Sept. 1, 1954, Sec. 102(e)(2), substituted a

new test for determining eligibility for a recomputation to take

into account additional earnings after entitlement.

Subsec. (f)(3)(A), (B). Act Sept. 1, 1954, Sec. 102(e)(3)(A),

amended provisions generally.

Subsec. (f)(3)(C). Act Sept. 1, 1954, Sec. 102(e)(3)(B), added

subpar. (C).

Subsec. (f)(4). Act Sept. 1, 1954, Sec. 102(e)(4), provided for

recomputation of the primary insurance on the death after 1954 of

an old-age insurance beneficiary, if any person is entitled to

monthly survivors benefits or to a lump-sum death payment on the

basis of his wages and self-employment income.

1952 - Subsec. (a)(1). Act July 18, 1952, Sec. 2(b)(1), provided

a new benefit formula for the computation of benefits based

entirely on wages paid and self-employment income derived after

1950 of 55 percent of the first $100 of average monthly wage and 15

percent of next $200 and increased the primary insurance amount.

Subsec. (b)(1). Act July 18, 1952, Sec. 3(c)(1), inserted "and

any month in any quarter any part of which was included in a period

of disability (as defined in section 416(i) of this title) unless

such quarter was quarter of coverage" after "not a quarter of

coverage."

Subsec. (b)(4). Act July 18, 1952, Sec. 3(c)(2), inserted

provisions of subpars. (B) and (C).

Subsec. (c)(1). Act July 18, 1952, Sec. 2(a)(1), inserted a new

conversion table and increased amounts.

Subsec. (c)(2). Act July 18, 1952, Sec. 2(a)(2), provided that

individuals, whose primary insurance amounts are governed by

regulations, shall have the same increase as is provided for

individuals governed by the new conversion table.

Subsec. (c)(4). Act July 18, 1952, Sec. 2(a)(3), added par. (4).

Subsec. (d)(5). Act July 18, 1952, Sec. 3(c)(3), added par. (5).

Subsec. (f)(2). Act July 18, 1952, Sec. 6(a), provided that upon

application an individual will have his benefit recomputed by the

new formula prescribed in subsec. (a)(1) of this section under

certain conditions.

Subsec. (f)(5), (6). Act July 18, 1952, Sec. 6(b), added par. (5)

and redesignated former par. (5) as (6).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 307(c) of Pub. L. 103-296 provided that: "The amendments

made by this section [amending this section] shall apply

(notwithstanding section 215(f)(1) of the Social Security Act (42

U.S.C. 415(f)(1))) with respect to benefits payable for months

after December 1994."

Amendment by section 308(b) of Pub. L. 103-296 applicable

(notwithstanding subsec. (f) of this section) with respect to

benefits payable for months after Dec. 1994, see section 308(c) of

Pub. L. 103-296, set out as a note under section 402 of this title.

Section 321(g)(3)(A) of Pub. L. 103-296 provided that: "The

amendments made by paragraph (1) [amending this section and section

430 of this title] shall be effective with respect to the

determination of the contribution and benefit base for years after

1994."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5117(a) of Pub. L. 101-508 applicable with

respect to computation of primary insurance amount of any insured

individual in any case in which a person becomes entitled to

benefits under section 402 or 423 of this title on basis of such

insured individual's wages and self-employment income for months

after 18-month period following November 1990, but inapplicable if

any person is entitled to benefits based on wages and

self-employment income of such insured individual for month

preceding initial month of such person's entitlement to such

benefits under section 402 or 423, and amendment also applicable

with respect to any primary insurance amount upon recomputation of

such amount if recomputation is first effective for monthly

benefits for months after 18-month period following November 1990,

see section 5117(a)(4) of Pub. L. 101-508, set out as a note under

section 403 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 10208(b)(1), (2)(A), (B), (3), (4) of Pub.

L. 101-239 applicable with respect to computation of average total

wage amounts (under amended provisions) for calendar years after

1990, see section 10208(c) of Pub. L. 101-239, set out as a note

under section 430 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8003(b) of Pub. L. 100-647 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

benefits payable for months after December 1988."

Section 8011(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to

benefits based on applications filed after the month in which this

Act is enacted [November 1988]."

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 1883(a)(7) of Pub. L. 99-514 effective Oct.

22, 1986, see section 1883(f) of Pub. L. 99-514, set out as a note

under section 402 of this title.

Section 9001(d) of Pub. L. 99-509 provided that:

"(1) Except as provided in paragraphs (2) and (3), the amendments

made by this section [amending this section and section 1395r of

this title] shall apply with respect to cost-of-living increases

determined under section 215(i) of the Social Security Act [subsec.

(i) of this section] (as currently in effect, and as in effect in

December 1978 and applied in certain cases under the provisions of

such Act [this chapter] in effect after December 1978) in 1986 and

subsequent years.

"(2) The amendments made by paragraphs (1)(A) and (2)(B) of

subsection (b) [amending this section] shall apply with respect to

months after September 1986.

"(3) The amendment made by subsection (c) [amending section 1395r

of this title] shall apply with respect to monthly premiums (under

section 1839 of the Social Security Act [section 1395r of this

title]) for months after December 1986."

Section 12115 of Pub. L. 99-272 provided that: "Except as

otherwise specifically provided, the preceding provisions of this

subtitle [subtitle A (Secs. 12101-12115) of title XII of Pub. L.

99-272, amending this section and sections 402 to 404, 409, 418,

423, 424a, 907, 909, 910, 1310, and 1383 of this title and sections

86, 871, 932, and 3121 of Title 26, Internal Revenue Code, enacting

provisions set out as notes under sections 402 to 404, 409, 418,

424a, 907, and 909 of this title and section 932 of Title 26,

amending provisions set out as notes under section 1310 of this

title, and repealing provisions set out as a note under section 907

of this title], including the amendments made thereby, shall take

effect on the first day of the month following the month in which

this Act is enacted [April 1986]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 2661(k) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(10) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 111(a)(1)-(3), (6), (b)(1), (2), (c) of Pub.

L. 98-21 applicable with respect to cost-of-living increases

determined under subsec. (i) of this section for years after 1982,

see section 111(a)(8) of Pub. L. 98-21, set out as a note under

section 402 of this title.

Section 111(b)(3) of Pub. L. 98-21 provided that: "The amendments

made by this subsection [amending this section] shall apply with

respect to cost-of-living increases determined under section

2151(i) of the Social Security Act [subsec. (i) of this section]

for years after 1983."

Section 112(e) of Pub. L. 98-21 provided that: "The amendments

made by the preceding provisions of this section [amending this

section] shall apply with respect to monthly benefits under title

II of the Social Security Act [this subchapter] for months after

December 1983."

EFFECTIVE DATE OF 1981 AMENDMENTS

Section 2(j)(2)-(4) of Pub. L. 97-123, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided:

"(2) Except as provided in paragraphs (3) and (4), the amendments

made by section 2201 of the Omnibus Budget Reconciliation Act of

1981 [enacting section 1382k of this title, amending this section

and sections 402, 403, 417, and 433 of this title] (other than

subsection (f) thereof [amending section 402 of this title]),

together with the amendments made by the preceding subsections of

this section [amending this section and sections 402, 403, and 417

of this title and repealing section 1382k of this title and a

provision set out as a note under section 1382k of this title],

shall apply with respect to benefits for months after December

1981; and the amendment made by subsection (f) of such section 2201

shall apply with respect to deaths occurring after December 1981.

"(3) Such amendments shall not apply -

"(A) in the case of an old-age insurance benefit, if the

individual who is entitled to such benefit first became eligible

(as defined in section 215(a)(3)(B) of the Social Security Act

[subsec. (a)(3)(B) of this section]) for such benefit before

January 1982,

"(B) in the case of a disability insurance benefit, if the

individual who is entitled to such benefit first became eligible

(as so defined) for such benefit before January 1982, or attained

age sixty-two before January 1982,

"(C) in the case of a wife's or husband's insurance benefit, or

a child's insurance benefit based on the wages and

self-employment income of a living individual, if the individual

on whose wages and self-employment income such benefit is based

is entitled to an old-age or disability insurance benefit with

respect to which such amendments do not apply, or

"(D) in the case of a survivors insurance benefit, if the

individual on whose wages and self-employment income such benefit

is based died before January 1982, or dies in or after January

1982 and at the time of his death is eligible (as so defined) for

an old-age or disability insurance benefit with respect to which

such amendments do not apply.

"(4) In the case of an individual who is a member of a religious

order (within the meaning of section 3121(r)(2) of the Internal

Revenue Code of 1986 [formerly I.R.C. 1954] [section 3121(r)(2) of

Title 26, Internal Revenue Code]), or an autonomous subdivision of

such order, whose members are required to take a vow of poverty,

and which order or subdivision elected coverage under title II of

the Social Security Act [this subchapter] before the date of the

enactment of this Act [Dec. 29, 1981], or who would be such a

member except that such individual is considered retired because of

old age or total disability, paragraphs (2) and (3) shall apply,

except that each reference therein to 'December 1981' or 'January

1982' shall be considered a reference to 'December 1991' or

'January 1992', respectively."

Amendment by section 2206(a), (b)(5)-(7) of Pub. L. 97-35

applicable only with respect to initial calculations and

adjustments of primary insurance amounts and benefit amounts which

are attributable to periods after August 1981, see section 2206(c)

of Pub. L. 97-35, set out as a note under section 402 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 102(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] shall apply only with respect to monthly benefits payable on

the basis of the wages and self-employment income of an individual

who first becomes entitled to disability insurance benefits on or

after July 1, 1980; except that the third sentence of section

215(b)(2)(A) of the Social Security Act [subsec. (b)(2)(A) of this

section] (as added by such amendments) shall apply only with

respect to monthly benefits payable for months beginning on or

after July 1, 1981."

For effective date of amendment by section 101(b)(3), (4) of Pub.

L. 96-265, see section 101(c) of Pub. L. 96-265, set out as a note

under section 403 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 103(d) of Pub. L. 95-216 applicable with

respect to remuneration paid or received, and taxable years

beginning after 1977, see section 104 of Pub. L. 95-216, set out as

a note under section 1401 of Title 26, Internal Revenue Code.

Amendment by section 201 of Pub. L. 95-216 effective only with

respect to monthly benefits under this subchapter payable for

months after December 1978 and with respect to lump-sum death

payments with respect to deaths occurring after December 1978,

except that amendment by section 201(d) of Pub. L. 95-216 effective

with respect to monthly benefits of an individual who becomes

eligible for an old-age or disability insurance benefit, or dies

after December 1977, see section 206 of Pub. L. 95-216, set out as

a note under section 402 of this title.

EFFECTIVE DATE OF 1973 AMENDMENTS

Section 1(h)(2) of Pub. L. 93-233 provided that: "The amendment

made by paragraph (1) [amending this section] shall be effective

with respect to benefits payable for months after February 1974."

Section 2(c) of Pub. L. 93-233 provided that: "The amendment made

by subsections (a) and (b) [amending this section and sections 427

and 428 of this title and repealing section 202(a)(4) of Pub. L.

92-336, title II, July 1, 1972, 86 Stat. 416] shall apply with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months after May 1974, and with respect

to lump-sum death payments under section 202(i) of such Act

[section 402(i) of this title] in the case of deaths occurring

after such month."

Amendment by section 5(a)(4) of Pub. L. 93-233 applicable with

respect to calendar years after 1973, see section 5(e) of Pub. L.

93-233, set out as a note under section 409 of this title.

Amendment by Pub. L. 93-66 applicable with respect to calendar

years after 1973, see section 203(e) of Pub. L. 93-66, set out as a

note under section 409 of this title.

EFFECTIVE DATE OF 1972 AMENDMENTS

Section 101(g) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] shall apply with respect to monthly insurance benefits under

title II of the Social Security Act [this subchapter] for months

after December 1972 (without regard to when the insured individual

became entitled to such benefits or when he died) and with respect

to lump-sum death payments under such title in the case of deaths

occurring after such month."

Amendment by section 104(b) of Pub. L. 92-603 applicable only in

the case of a man who attains (or would attain) age 62 after Dec.

1974, with provision for the determination of the number of elapsed

years for purposes of subsec. (b)(3) of this section in the case of

a man who attains age 62 prior to 1975, see section 104(j) of Pub.

L. 92-603, set out as a note under section 414 of this title.

Amendment by section 144(a)(1) of Pub. L. 92-603 effective in

like manner as if such amendment had been included in title II of

Pub. L. 92-336, see section 144(b) of Pub. L. 92-603, set out as a

note under section 403 of this title.

Section 201(i) of Pub. L. 92-336 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] (other than the amendments made by subsections (g) and (h))

shall apply with respect to monthly benefits under title II of the

Social Security Act [this chapter] for months after August 1972 and

with respect to lump-sum death payments under such title in the

case of deaths occurring after such month. The amendments made by

subsection (g) [amending sections 427 and 428 of this title] shall

apply with respect to monthly benefits under title II of such Act

for months after August 1972. The amendments made by subsection

(h)(1) [amending section 403 of this title] shall apply with

respect to monthly benefits under title II of such Act for months

after December 1971."

Section 202(a)(3) of Pub. L. 92-336, as amended by Pub. L.

93-233, Sec. 2(d), Dec. 31, 1973, 87 Stat. 952, provided that the

amendment made by that section is effective June 1, 1974.

Amendment by section 203(a)(4) of Pub. L. 92-336 applicable only

with respect to calendar years after 1972, see section 203(c) of

Pub. L. 92-336, set out as a note under section 409 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 201(e) of Pub. L. 92-5 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] shall apply with respect to monthly benefits under title II

of the Social Security Act [this subchapter] for months after

December 1970 and with respect to lump-sum death payments under

such title in the case of deaths occurring in and after the month

in which this Act is enacted [March 1971]."

Amendment by section 203(a)(4) of Pub. L. 92-5 applicable only

with respect to calendar years after 1971, see section 203(c) of

Pub. L. 92-5, set out as a note under section 409 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Section 1002(e) of Pub. L. 91-172 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] shall apply with respect to monthly benefits under title II

of the Social Security Act [this subchapter] for months after

December 1969 and with respect to lump-sum death payments under

such title in the case of deaths occurring after December 1969."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 101(e) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] shall apply with respect to monthly benefits under title II

of the Social Security Act [this subchapter] for months after

January 1968 and with respect to lump-sum death payments under such

title in the case of deaths occurring after January 1968."

Amendment by section 108(a)(4) of Pub. L. 90-248 applicable only

with respect to calendar years after 1967, see section 108(c) of

Pub. L. 90-248, set out as a note under section 409 of this title.

Section 155(a)(7), (9) of Pub. L. 90-248 provided that:

"(7)(A) The amendments made by paragraphs (4) and (5) [amending

this section] shall apply with respect to recomputations made under

section 215(f)(2) of the Social Security Act [subsec. (f)(2) of

this section] after the date of the enactment of this Act [Jan. 2,

1968].

"(B) The amendments made by paragraph (6) [amending this section]

shall apply with respect to individuals who die after the date of

enactment of this Act [Jan. 2, 1968].

"(9) The amendment made by paragraphs (1) and (2) [amending this

section] shall not apply with respect to monthly benefits for any

month prior to January 1967."

EFFECTIVE DATE OF 1965 AMENDMENT

Section 301(d) of Pub. L. 89-97 provided that: "The amendments

made by subsections (a), (b), and (c) of this section [amending

this section and section 403 of this title] shall apply with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months after December 1964 and with

respect to lump-sum death payments under such title in the case of

deaths occurring in or after the month in which this Act is enacted

[July 1965]."

Section 302(d)(2) of Pub. L. 89-97 provided that the amendment

made by that section is effective Jan. 2, 1966.

Section 302(f)(1)-(5) of Pub. L. 89-97 provided as follows:

"(1) The amendments made by subsection (c) [amending this

section] shall apply only to individuals who become entitled to

old-age insurance benefits under section 202(a) of the Social

Security Act [section 402(a) of this title] after 1965.

"(2) Any individual who would, upon filing an application prior

to January 2, 1966, be entitled to a recomputation of his monthly

benefit amount for purposes of title II of the Social Security Act

[this subchapter] shall be deemed to have filed such application on

the earliest date on which such application could have been filed,

or on the day on which this Act is enacted [July 30, 1965],

whichever is the later.

"(3) In the case of an individual who died after 1960 and prior

to 1966 and who was entitled to old-age insurance benefits under

section 202(a) of the Social Security Act [section 402(a) of this

title] at the time of his death, the provisions of sections

215(f)(3)(B) and 215(f)(4) of such Act [subsec. (f)(3)(B) and

(f)(4) of this section] as in effect before the enactment of this

Act [July 30, 1965] shall apply.

"(4) In the case of a man who attains age 65 prior to 1966, or

dies before such year, the provisions of section 215(f)(7) of the

Social Security Act as in effect before the enactment of this Act

[July 30, 1965] shall apply.

"(5) The amendments made by subsection (e) of this section

[amending section 423 of this title] shall apply in the case of

individuals who become entitled to disability insurance benefits

under section 223 of the Social Security Act [section 423 of this

title] after December 1965."

Section 303(f)(2) of Pub. L. 89-97 provided that: "The amendment

made by subsection (e) [amending this section] shall apply in the

case of the primary insurance amounts of individuals who attain age

65 after the date of enactment of this Act [July 30, 1965]."

Amendment by section 304(k) of Pub. L. 89-97 applicable with

respect to monthly insurance benefits under this subchapter for and

after the second month following July 1965 but only on the basis of

applications filed in or after July 1965, see section 304(o) of

Pub. L. 89-97, set out as a note under section 402 of this title.

Amendment by section 320(a)(4) of Pub. L. 89-97 applicable with

respect to calendar years after 1965, see section 320(c) of Pub. L.

89-97, set out as a note under section 3121 of Title 26, Internal

Revenue Code.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 101(b) of Pub. L. 87-64 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only in

the case of monthly insurance benefits under title II of the Social

Security Act [this subchapter] for months beginning on or after the

effective date of this title [see note set out under section 402 of

this title], and in the case of lump-sum death payments under such

title with respect to deaths on or after such effective date."

Amendment by section 102(d)(1), (2) of Pub. L. 87-64 applicable

with respect to monthly benefits for months beginning on or after

Aug. 1, 1961, based on applications filed in or after March 1961,

and with respect to lump-sum death payments under this subchapter

in the case of deaths on or after Aug. 1, 1961, and amendment by

section 102(d)(3) of Pub. L. 87-64 effective Aug. 1, 1961, see

sections 102(f)(6), (7) and 109 of Pub. L. 87-64, set out as notes

under section 402 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by section 103(j)(2)(C) of Pub. L. 86-778 effective on

Sept. 13, 1960, see section 103(v)(1) of Pub. L. 86-778, set out as

a note under section 402 of this title.

Amendment by section 211(n) of Pub. L. 86-778 effective in the

manner provided in section 211(p) and (q) of Pub. L. 86-778, see

section 211(s) of Pub. L. 86-778, set out as a note under section

403 of this title.

Section 303(d)(1) of Pub. L. 86-778 provided that the amendment

made by that section is effective with respect to individuals who

become entitled to benefits under section 402(a) of this title

after 1960.

Section 303(d)(2) of Pub. L. 86-778 provided that the amendment

made by that section is effective with respect to individuals who

meet any of the subparagraphs of paragraph (4) of subsec. (b) of

this section, as amended by Pub. L. 86-778.

Section 303(e)(1) of Pub. L. 86-778 provided that the amendment

made by that section is effective with respect to applications for

recomputation under subsec. (f)(2) of this section filed after

1960.

Section 303(e)(4)(B) of Pub. L. 86-778 provided that the

amendment made by that section is effective in the case of deaths

occurring on or after Sept. 13, 1960.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 101(g) of Pub. L. 85-840 provided that: "The amendments

made by this section [amending this section and sections 402 and

403 of this title] shall be applicable in the case of monthly

benefits under title II of the Social Security Act [this

subchapter], for months after December 1958, and in the case of the

lump-sum death payments under such title, with respect to deaths

occurring after such month."

Amendment by section 205(m) of Pub. L. 85-840 applicable with

respect to monthly benefits under this subchapter for August 1958

and succeeding months, see section 207(a) of Pub. L. 85-840, set

out as a note under section 416 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 109(b) of act Aug. 1, 1956, provided that: "The amendment

made by subsection (a) [amending this section] shall apply in the

case of monthly benefits under section 202 of the Social Security

Act [section 402 of this title], and the lump-sum death payment

under such section, based on the wages and self-employment income

of an individual -

"(1) who becomes entitled to benefits under subsection (a) of

such section on the basis of an application filed on or after the

date of enactment of this Act [Aug. 1, 1956]; or

"(2) who is (but for the provisions of subsection (f)(6) of

section 215 of the Social Security Act [subsec. (f)(6) of this

section]) entitled to a recomputation of his primary insurance

amount under subsection (f)(2)(A) of such section 215 based on an

application filed on or after the date of enactment of this Act

[Aug. 1, 1956]; or

"(3) who dies without becoming entitled to benefits under

subsection (a) of such section 202 [section 402(a) of this title]

and no individual was entitled to survivor's benefits and no

lump-sum death payment was payable under such section 202 on the

basis of an application filed prior to such date of enactment

[Aug. 1, 1956]; or

"(4) who dies on or after such date of enactment [Aug. 1, 1956]

and whose survivors are (but for the provisions of subsection

(f)(6) of such section 215 [subsec. (f)(6) of this section])

entitled to a recomputation of his primary insurance amount under

subsection (f)(4)(A) of such section 215; or

"(5) who dies prior to such date of enactment [Aug. 1, 1956]

and (A) whose survivors are (but for the provisions of subsection

(f)(6) of such section 215 [subsec. (f)(6) of this section])

entitled to a recomputation of his primary insurance amount under

subsection (f)(4)(A) of such section 215, and (B) on the basis of

whose wages and self-employment income no individual was entitled

to survivor's benefits under such section 202 [section 402 of

this title], and no lump-sum death payment was payable under such

section, on the basis of an application filed prior to such date

of enactment and no individual was entitled to such a benefit,

without the filing of an application for the month in which this

Act is enacted [August 1956] or any month prior thereto."

Section 115(d) of act Aug. 1, 1956, provided that: "The

amendments made by this section [amending this section] shall apply

in the case of an individual (1) who becomes entitled (without the

application of section 202(j)(1) of the Social Security Act

[section 402(j)(1) of this title]) to benefits under section 202(a)

of such Act [section 402(a) of this title] after the date of

enactment of this Act [Aug. 1, 1956], or (2) who dies without

becoming entitled to benefits under such section 202(a) and on the

basis of whose wages and self-employment income an application for

benefits or a lump-sum death payment under section 202 of such Act

is filed after the date of enactment of this Act, or (3) who

becomes entitled to benefits under section 223 of such Act [section

423 of this title], or (4) who files, after the date of enactment

of this Act, an application for a disability determination which is

accepted as an application for purposes of section 216(i) of such

Act [section 416(i) of this title]."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 102(f) of act Sept. 1, 1954, as amended by Pub. L.

86-778, title II, Sec. 303(k), Sept. 13, 1960, 74 Stat. 966; Pub.

L. 89-97, title III Sec. 302(f)(7), July 30, 1965, 79 Stat. 366,

provided that:

"(1) The amendments made by the preceding subsections [amending

this section and section 403 of this title], other than subsection

(b) and paragraphs (1), (2), (3), and (4) of subsection (e), shall

(subject to the provisions of paragraph (2) and notwithstanding the

provisions of section 215(f)(1) of the Social Security Act [subsec.

(f)(1) of this section]) apply in the case of lump-sum death

payments under section 202 of such Act [section 402 of this title]

with respect to deaths occurring after, and in the case of monthly

benefits under such section for months after, August 1954.

"(2)(A) The amendment made by subsection (b)(2) [amending this

section] shall be applicable only in the case of monthly benefits

for months after August 1954, and the lump-sum death payment in the

case of death after August 1954, based on the wages and

self-employment income of an individual (i) who does not become

eligible for benefits under section 202(a) of the Social Security

Act [section 402(a) of this title] until after August 1954, or (ii)

who dies after August 1954, and without becoming eligible for

benefits under such section 202(a), or (iii) who is or has been

entitled to have his primary insurance amount recomputed under

section 215(f)(2) of the Social Security Act, as amended by

subsection (e)(2) of this section, or under subsection (e)(5)(B) of

this section [set out as a note under this section], or (iv) with

respect to whom not less than six of the quarters elapsing after

June 1953 are quarters of coverage (as defined in such Act), or (v)

who files an application for a disability determination which is

accepted as an application for purposes of section 216(i) of such

Act [section 416(i) of this title], or (vi) who dies after August

1954, and whose survivors are (or would, but for the provisions of

section 215(f)(6) of such Act, be) entitled to a recomputation of

his primary insurance amount under section 215(f)(4)(A) of such

Act, as amended by this Act. For purposes of the preceding sentence

an individual shall be deemed eligible for benefits under section

202(a) of the Social Security Act for any month if he was, or would

upon filing application therefor in such month have been, entitled

to such benefits for such month.

"(B) [Repealed. Pub. L. 89-97, title III, Sec. 302(f)(7), July

30, 1965, 79 Stat. 366, eff. Jan. 2, 1966.]

"(3) The amendments made by subsections (b)(1), (e)(1), and

(e)(3)(B) [amending this section] shall be applicable only in the

case of monthly benefits based on the wages and self-employment

income of an individual who does not become entitled to old-age

insurance benefits under section 202(a) of the Social Security Act

[section 402(a) of this title] until after August 1954, or who dies

after August 1954 without becoming entitled to such benefits, or

who files an application after August 1954 and is entitled to a

recomputation under paragraph (2) or (4) of section 215(f) of the

Social Security Act, as amended by this Act [subsec. (f)(2) or (4)

of this section], or who is entitled to a recomputation under

paragraph (2)(B) of this subsection, or who is entitled to a

recomputation under paragraph (5) of subsection (e) [set out as a

note under this section].

"(4) The amendments made by subsection (e)(2) [amending this

section] shall be applicable only in the case of applications for

recomputation filed after 1954. The amendment to subsec. (f)(4)

made by subsection (e)(4) shall be applicable only in the case of

deaths after 1954.

"(5) The amendments made by subparagraph (A) of subsection (e)(3)

[amending this section] shall be applicable only in the case of

applications for recomputation filed, or deaths occurring, after

August 1954.

"(6) No increase in any benefit by reason of the amendments made

by this section (other than subsection (e)) or by reason of

subparagraph (B) of paragraph (2) of this subsection shall be

regarded as a recomputation for purposes of section 215(f) of the

Social Security Act [subsec. (f) of this section]."

Amendment by section 106(c) of act Sept. 1, 1954, applicable with

respect to monthly benefits under this subchapter for months after

June 1955, and with respect to lump-sum death payments under such

subchapter in the case of deaths occurring after June 1955; but

that no recomputation of benefits by reason of such amendments

should be regarded as a recomputation for purposes of subsec. (f)

of this section, see section 106(h) of act Sept. 1, 1954, set out

as a note under section 413 of this title.

EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENTS

For effective and termination dates of amendment by act July 18,

1952, see section 3(f), (g) of act July 18, 1952, set out as a note

under section 413 of this title.

Section 2(c)(1), (3) of act July 18, 1952, provided that:

"(1) The amendments made by subsection (a) [amending this

section] shall, subject to the provisions of paragraph (2) of this

subsection and notwithstanding the provisions of section 215(f)(1)

of the Social Security Act [subsec. (f)(1) of this section], apply

in the case of lump-sum death payments under section 202 of such

Act [section 402 of this title] with respect to deaths occurring

after, and in the case of monthly benefits under such section for

any month after, August 1952.

"(3) The amendments made by subsection (b) [amending this section

and section 403 of this title] shall (notwithstanding the

provisions of section 215(f)(1) of the Social Security Act [subsec.

(f)(1) of this section]) apply in the case of lump-sum death

payments under section 202 of such Act [section 402 of this title]

with respect to deaths occurring after August 1952, and in the case

of monthly benefits under such section for months after August

1952."

SAVINGS PROVISION

1960 - Section 303(i) of Pub. L. 86-778 provided that in the case

of an application for recomputation under subsec. (f)(2) of this

section, the provisions of subsec. (f)(2) as in effect prior to

Sept. 13, 1960, were to apply where the application was filed after

1954 and before 1961, and that in the case of an individual who

died after 1954 and before 1961 and who was entitled to an old-age

insurance benefit under section 402(a) of this title, the

provisions of subsec. (f)(4) as in effect prior to Sept. 13, 1960

were to apply.

1958 - Section 101(i) of Pub. L. 85-840 provided that: "In the

case of any individual to whom the provisions of subsection (b)(5)

of section 215 of the Social Security Act [subsec. (b)(5) of this

section], as amended by this Act, are applicable and on the basis

of whose wages and self-employment income benefits are payable for

months prior to January 1959, his primary insurance amount for

purposes of benefits for such prior months shall, if based on an

application for such benefits or for a recomputation of such

amount, as the case may be, filed after December 1958, be

determined under such section 215 [this section], as in effect

prior to the enactment of this Act [Aug. 28, 1958], and, if such

individual's primary insurance amount as so determined is larger

than the primary insurance amount determined for him under section

215 as amended by this Act, such larger primary insurance amount

(increased to the next higher dollar if it is not a multiple of a

dollar) shall, for months after December 1958, be his primary

insurance amount for purposes of such section 215 (and of the other

provisions) of the Social Security Act as amended by this Act in

lieu of the amount determined without regard to this subsection."

1952 - Subsec. (d) of section 2 of act July 18, 1952, provided

that:

"(1) Where -

"(A) an individual was entitled (without the application of

section 202(j)(1) of the Social Security Act [section 402(j)(1)

of this title]) to an old-age insurance benefit under title II of

such Act [this subchapter] for August 1952;

"(B) two or more other persons were entitled (without the

application of such section 202(j)(1) [section 402(j)(1) of this

title]) to monthly benefits under such title for such month on

the basis of the wages and self-employment income of such

individual; and

"(C) the total of the benefits to which all persons are

entitled under such title [this subchapter] on the basis of such

individual's wages and self-employment income for any subsequent

month for which he is entitled to an old-age insurance benefit

under such title, would (but for the provisions of this

paragraph) be reduced by reason of the application of section

203(a) of the Social Security Act, as amended by this Act

[section 403(a) of this title],

then the total of benefits, referred to in clause (C), for such

subsequent month shall be reduced to whichever of the following is

the larger:

"(D) the amount determined pursuant to section 203(a) of the

Social Security Act, as amended by this Act [section 403(a) of

this title]; or

"(E) the amount determined pursuant to such section, as in

effect prior to the enactment of this Act [July 18, 1952], for

August 1952 plus the excess of (i) the amount of his old-age

insurance benefit for August 1952 computed as if the amendments

made by the preceding subsections of this section had been

applicable in the case of such benefit for August 1952, over (ii)

the amount of his old-age insurance benefit for August 1952.

"(2) No increase in any benefit by reason of the amendments made

by this section or by reason of paragraph (2) of subsection (c) of

this section shall be regarded as a recomputation for purposes of

section 215(f) of the Social Security Act [subsec. (f) of this

section]."

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, 80 Stat. 1610,

effective June 25, 1966, set out in the Appendix to Title 5,

Government Organization and Employees. Secretary and Department of

Health, Education, and Welfare redesignated Secretary and

Department of Health and Human Services by section 509(b) of Pub.

L. 96-88 which is classified to section 3508(b) of Title 20,

Education.

-MISC2-

COMMISSION ON THE SOCIAL SECURITY "NOTCH" ISSUE

Pub. L. 102-393, title VI, Sec. 635, Oct. 6, 1992, 106 Stat.

1777, as amended by Pub. L. 103-123, title VI, Sec. 627, Oct. 28,

1993, 107 Stat. 1266, established a Commission on the Social

Security "Notch" Issue, provided for its composition, directed

Commission to conduct a comprehensive study of what had become

known as the "notch" issue and transmit to Congress, not later than

Dec. 31, 1994, a report with a detailed statement of its findings

and conclusions, together with any recommendations, and provided

the Commission terminate 30 days after transmittal of report.

COST-OF-LIVING INCREASES; COST-OF-LIVING COMPUTATION QUARTER

DETERMINATIONS

Pub. L. 98-604, Sec. 1, Oct. 30, 1984, 98 Stat. 3161, provided:

"That (a) in determining whether the base quarter ending on

September 30, 1984, is a cost-of-living computation quarter for the

purposes of the cost-of-living increases under sections 215(i) and

1617 of the Social Security Act [subsec. (i) of this section and

section 1382f of this title], the phrase 'is 3 percent or more'

appearing in section 215(i)(1)(B) of such Act shall be deemed to

read 'is greater than zero' (and the phrase 'exceeds, by not less

than 3 per centum, such Index' appearing in section 215(i)(1)(B) of

such Act as in effect in December 1978 shall be deemed to read

'exceeds such Index').

"(b) For purposes of section 215(i) of such Act, the provisions

of subsection (a) shall not constitute a 'general benefit

increase'."

"BASE QUARTER" IN CALENDAR YEAR 1983

Section 111(d) of Pub. L. 98-21 provided that: "Notwithstanding

any provision to the contrary in section 215(i) of the Social

Security Act [subsec. (i) of this section], the 'base quarter' (as

defined in paragraph (1)(A)(i) of such section) in the calendar

year 1983 shall be a 'cost-of-living computation quarter' within

the meaning of paragraph (1)(B) of such section (and shall be

deemed to have been determined by the Secretary of Health and Human

Services to be a 'cost-of-living computation quarter' under

paragraph (2)(A) of such section) for all of the purposes of such

Act [this chapter] as amended by this section and by other

provisions of this Act, without regard to the extent by which the

Consumer Price Index has increased since the last prior

cost-of-living computation quarter which was established under such

paragraph (1)(B)."

COMBINED BALANCE IN TRUST FUNDS USED IN DETERMINING OASDI FUND

RATIO WITH RESPECT TO CALENDAR YEAR 1984

Section 112(f) of Pub. L. 98-21, as amended by Pub. L. 98-369,

div. B, title VI, Sec. 2662(b), July 18, 1984, 98 Stat. 1159,

provided that: "Notwithstanding anything to the contrary in section

215(i)(1)(F) of the Social Security Act [subsec. (i)(1)(F) of this

section] (as added by subsection (a)(4) of this section), the

combined balance in the Trust Funds which is to be used in

determining the 'OASDI fund ratio' with respect to the calendar

year 1984 under such section shall be the estimated combined

balance in such Funds as of the close of that year (rather than as

of its beginning), including the taxes transferred under section

201(a) of such Act [section 401(a) of this title] on the first day

of the year following that year."

RECALCULATION OF PRIMARY INSURANCE AMOUNTS APPLICABLE TO CERTAIN

BENEFICIARIES

Section 2201(e) of Pub. L. 97-35, which provided for

recalculation of primary insurance amounts for certain

beneficiaries, was repealed by Pub. L. 97-123, Sec. 2(i), Dec. 29,

1981, 95 Stat. 1661.

COST-OF-LIVING INCREASE IN BENEFITS

Section 3(i) of Pub. L. 93-233 provided that: "For purposes of

section 203(f)(8) [section 403(f)(8) of this title], so much of

section 215(i)(1)(B) [subsec. (i)(1)(B) of this section] as follows

the semicolon, and section 230(a) of the Social Security Act

[section 430(a) of this title], the increase in benefits provided

by section 2 of this Act [amending this section and sections 427

and 428 of this title] shall be considered an increase under

section 215(i) of the Social Security Act."

INCREASE OF OLD-AGE OR DISABILITY INSURANCE BENEFITS FOLLOWING

INCREASE IN PRIMARY INSURANCE AMOUNT OR ENTITLEMENT TO BENEFITS ON

A HIGHER AMOUNT

Section 101(f) of Pub. L. 92-603 provided that: "Whenever an

insured individual is entitled to benefits for a month which are

based on a primary insurance amount under paragraph (1) or

paragraph (3) of section 215(a) of the Social Security Act [subsec.

(a)(1) or (3) of this section] and for the following month such

primary insurance amount is increased or such individual becomes

entitled to benefits on a higher primary insurance amount under a

different paragraph of such section 215(a), such individual's

old-age or disability insurance benefit (beginning with the

effective month of the increased primary insurance amount) shall be

increased by an amount equal to the difference between the higher

primary insurance amount and the primary insurance amount on which

such benefit was based for the month prior to such effective month,

after the application of section 202(q) of such Act [section 402(q)

of this title] where applicable, to such difference."

TABLE MODIFICATION AND EXTENSION; EFFECTIVE DATE; PUBLICATION IN

FEDERAL REGISTER

Section 203(f) of Pub. L. 93-66 provided that effective June 1,

1974, the Secretary of Health, Education, and Welfare would

prescribe and publish in the Federal Register all necessary

modifications and extensions in the table formerly contained in

subsec. (a) of this section.

CONVERSION OF DISABILITY INSURANCE BENEFITS TO OLD-AGE INSURANCE

BENEFITS

Section 201(f) of Pub. L. 92-5 provided that: "If an individual

was entitled to a disability insurance benefit under section 223 of

the Social Security Act [section 423 of this title] for December

1970 on the basis of an application filed in or after the month in

which this Act is enacted [March 1971], and became entitled to

old-age insurance benefits under section 202(a) of such Act

[section 402(a) of this title] for January 1971, then, for purposes

of section 215(a)(4) of the Social Security Act [subsec. (a)(4) of

this section] (if applicable), the amount in column IV of the table

appearing in such section 215(c) [probably means section 215(a)

which is subsec. (a) of this section] for such individual shall be

the amount in such column on the line on which in column II appears

his primary insurance amount (as determined under section 215(c) of

such Act [subsec. (c) of this section]) instead of the amount in

column IV equal to the primary insurance amount on which his

disability insurance benefit is based."

Section 1002(f) of Pub. L. 91-172 provided that: "If an

individual was entitled to a disability insurance benefit under

section 223 of the Social Security Act [section 423 of this title]

for December 1969 and became entitled to old-age insurance benefits

under section 202(a) of such Act [section 402(a) of this title] for

January 1970, or he died in such month, then, for purposes of

section 215(a)(4) of the Social Security Act [subsec. (a)(4) of

this section] (if applicable), the amount in column IV of the table

appearing in such section 215(a) for such individual shall be the

amount in such column on the line on which in column II appears his

primary insurance amount (as determined under section 215(c) of

such Act) instead of the amount in column IV equal to the primary

insurance amount on which his disability insurance benefit is

based."

Section 101(f) of Pub. L. 90-248 provided that: "If an individual

was entitled to a disability insurance benefit under section 223 of

the Social Security Act [section 423 of this title] for the month

of January 1968 and became entitled to old-age insurance benefits

under section 202(a) of such Act [section 402(a) of this title] for

the month of February 1968, or who died in such month, then, for

purposes of section 215(a)(4) of the Social Security Act [subsec.

(a)(4) of this section] (if applicable) the amount in column IV of

the table appearing in such section 215(a) for such individual

shall be the amount in such column on the line on which in column

II appears his primary insurance amount (as determined under

section 215(c) of such Act) instead of the amount in column IV

equal to the primary insurance amount on which his disability

insurance benefit is based."

Section 301(e) of Pub. L. 89-97 provided that: "If an individual

is entitled to a disability insurance benefit under section 223 of

the Social Security Act [section 423 of this title] for December

1964 on the basis of an application filed after enactment of this

Act [July 30, 1965] and is entitled to old-age insurance benefits

under section 202(a) of such Act [section 402(a) of this title] for

January 1965, then, for purposes of section 215(a)(4) of the Social

Security Act [subsec. (a)(4) of this section] (if applicable) the

amount in column IV of the table appearing in such section 215(a)

for such individual shall be the amount in such column on the line

on which in column II appears his primary insurance amount (as

determined under section 215(c) of such Act) instead of the amount

in column IV equal to his disability insurance benefit."

Section 101(h) of Pub. L. 85-840 provided that: "If an individual

was entitled to a disability insurance benefit under section 223 of

the Social Security Act [section 423 of this title] for December

1958, and became entitled to old-age insurance benefits under

section 202(a) of such Act [section 402(a) of this title], or died,

in January 1959, then, for purposes of paragraph (4) of section

215(a) of the Social Security Act [subsec. (a)(4) of this section],

as amended by this Act, the amount in column IV of the table

appearing in such section 215(a) for such individual shall be the

amount in such column on the line on which in column II appears his

primary insurance amount (as determined under subsection (c) of

such section 215) instead of the amount in column IV equal to his

disability insurance benefit."

COMPUTATION OF PRIMARY INSURANCE AMOUNT FOR PERSONS ENTITLED TO

BENEFITS AFTER JANUARY 2 AND BEFORE FEBRUARY 1968

Section 155(a)(8) of Pub. L. 90-248 provided that: "In any case

in which -

"(A) any person became entitled to a monthly benefit under

section 202 or 223 of the Social Security Act [section 402 or 423

of this title] after the date of enactment of this Act [Jan. 2,

1968] and before February 1968, and

"(B) the primary insurance amount on which the amount of such

benefit is based was determined by applying section 215(d) of the

Social Security Act [subsec. (d) of this section] as amended by

this Act,

such primary insurance amount shall, for purposes of section 215(c)

of the Social Security Act [subsec. (c) of this section], as

amended by this Act, be deemed to have been computed on the basis

of the Social Security Act [this chapter] in effect prior to the

enactment of this Act [Jan. 2, 1968]."

COMPUTATION OF PRIMARY INSURANCE AMOUNT FOR CERTAIN INDIVIDUALS WHO

WERE FULLY INSURED AND HAD ATTAINED RETIREMENT AGE PRIOR TO 1961

Section 303(g)(1) of Pub. L. 86-778, as amended by Pub. L. 87-64,

title I, Sec. 103(d), June 30, 1961, 75 Stat. 138; Pub. L. 89-97,

title III, Sec. 302(f)(6), July 30, 1965, 79 Stat. 366; Pub. L.

90-248, title I, Sec. 155(c), Jan. 2, 1968, 81 Stat. 866; Pub. L.

92-603, title I, Sec. 104(h), Oct. 30, 1972, 86 Stat. 1341,

provided that: "In the case of any individual who both was fully

insured and had attained retirement age prior to 1961 and (A) who

becomes entitled to old-age insurance benefits after 1960, or (B)

who dies after 1960 without being entitled to such benefits, then,

notwithstanding the amendments made by the preceding subsections of

this section [amending this section and section 423 of this title],

or the amendments made by the Social Security Amendments of 1965,

1967, 1969, and 1972 (and by Public Law 92-5) [see Tables for

classification of Pub. L. 89-97, July 30, 1965, 79 Stat. 286, Pub.

L. 90-248, Jan. 2, 1968, 81 Stat. 821, Pub. L. 91-172, title X,

Dec. 30, 1969, 83 Stat. 737, Pub. L. 92-603, Oct. 30, 1972, 86

Stat. 1329, Pub. L. 92-5, Mar. 17, 1971, 85 Stat. 5] the Secretary

shall also compute such individual's primary insurance amount on

the basis of such individual's average monthly wage determined

under the provisions of section 215 of the Social Security Act

[this section] in effect prior to the enactment of this Act with a

closing date determined under section 215(b)(3)(B) of such Act as

then in effect, but only if such closing date would have been

applicable to such computation had this section not been enacted.

If the primary insurance amount resulting from the use of such an

average monthly wage is higher than the primary insurance amount

resulting from the use of an average monthly wage determined

pursuant to the provisions of section 215 of the Social Security

Act, as amended by the Social Security Amendments of 1960 [Pub. L.

86-778], or (if such individual becomes entitled to old-age

insurance benefits after the date of enactment of the Social

Security Amendments of 1972 [Oct. 30, 1972], or dies after such

date without becoming so entitled) as amended by the Social

Security Amendments of 1972 [Pub. L. 92-603], such higher primary

insurance amount shall be the individual's primary insurance amount

for purposes of such section 215. The terms used in this subsection

shall have the meaning assigned to them by title II of the Social

Security Act [this subchapter]; except that the terms 'fully

insured' and 'retirement age' shall have the meaning assigned to

them by such title II as in effect on September 13, 1960."

DISREGARDING OF INCOME OF OASDI RECIPIENTS AND RAILROAD RETIREMENT

RECIPIENTS IN DETERMINING NEED FOR PUBLIC ASSISTANCE

Section 1007 of Pub. L. 91-172, as amended by Pub. L. 91-306,

Sec. 2(b)(1), July 6, 1970, 84 Stat. 408; Pub. L. 91-669, Jan. 11,

1971, 84 Stat. 2038; Pub. L. 92-223, Sec. 5, Dec. 28, 1971, 85

Stat. 810; Pub. L. 92-603, title III, Sec. 304, Oct. 30, 1972, 86

Stat. 1484, eff. Oct. 30, 1972, provided a minimum aid requirement

in addition to the requirements imposed by law as conditions of

approval of State plans for aid to individuals under subchapters I,

X, XIV, or XVI of this chapter, in the case of any individual found

eligible for aid for any month after Mar. 1970 and before Jan. 1974

who also received a monthly insurance benefit under this

subchapter, and in the case of such an individual who also received

a monthly annuity or pension under the Railroad Retirement Acts of

1935 or 1937, set out in sections 215 et seq. and 228a et seq.,

respectively, of Title 45, Railroads.

DISREGARDING OF RETROACTIVE PAYMENT OF OASDI BENEFIT INCREASE AND

OF RAILROAD RETIREMENT BENEFIT INCREASE

Section 201(g) of Pub. L. 92-5 provided that: "Notwithstanding

the provisions of sections 2(a)(10), 402(a)(7), 1002(a)(8),

1402(a)(8), and 1602(a)(13) and (14) of the Social Security Act

[sections 302(a)(10), 602(a)(7), 1202(a)(8), 1352(a)(8), and

1382(a)(13) and (14) of this title] each State, in determining need

for aid or assistance under a State plan approved under title I, X,

XIV, or XVI, or part A of title IV, of such Act [subchapter I, X,

XIV, or XVI, or part A of subchapter IV of this chapter], may

disregard (and the plan may be deemed to require the State to

disregard), in addition to any other amounts which the State is

required or permitted to disregard in determining such need, any

amount paid to an individual under title II of such Act [subchapter

II of this chapter] (or under the Railroad Retirement Act of 1937

[section 228a et seq. of Title 45, Railroads] by reason of the

first proviso in section 3(e) thereof [section 228c(e) of Title

45]), in any month after the month in which this Act is enacted

[March 1971], to the extent that (1) such payment is attributable

to the increase in monthly benefits under the old-age, survivors,

and disability insurance system for January, February, March, or

April 1971 resulting from the enactment of this title, and (2) the

amount of such increase is paid separately from the rest of the

monthly benefit of such individual for January, February, March, or

April 1971."

Section 1006 of title X of Pub. L. 91-172, as amended by Pub. L.

91-306, Sec. 2(a)(1), July 6, 1970, 84 Stat. 407, provided that:

"Notwithstanding the provisions of sections 2(a)(10), 402(a)(7),

1002(a)(8), 1402(a)(8), and 1602(a)(13) and (14) of the Social

Security Act [sections 302(a)(10), 602(a)(7), 1202(a)(8),

1352(a)(8), and 1382(a)(13) and (14) of this title], each State, in

determining need for aid or assistance under a State plan approved

under title I, X, XIV, or XVI [subchapters I, X, XIV, or XVI of

this chapter], or part A of title IV, of such Act [part A of

subchapter IV of this chapter], shall disregard (and the plan shall

be deemed to require the State to disregard), in addition to any

other amounts which the State is required or permitted to disregard

in determining such need, any amount paid to any individual (1)

under title II of such Act [this subchapter] (or under the Railroad

Retirement Act of 1937 [section 228a et seq. of Title 45,

Railroads] by reason of the first proviso in section 3(e) thereof

[section 228c(e) of Title 45]), in any month after December 1969,

to the extent that (a) such payment is attributable to the increase

in monthly benefits under the old-age, survivors, and disability

insurance system for January or February 1970 resulting from the

enactment of this title, and (b) the amount of such increase is

paid separately from the rest of the monthly benefit of such

individual for January or February 1970; or (2) as annuity or

pension under the Railroad Retirement Act of 1937 or the Railroad

Retirement Act of 1935, if such amount is paid in a lump-sum to

carry out any retroactive increase in annuities or pensions payable

under the Railroad Retirement Act of 1937 or the Railroad

Retirement Act of 1935 [section 215 et seq. of Title 45] brought

about by reason of the enactment (after May 30, 1970 and prior to

December 31, 1970) of any Act which increases, retroactively, the

amount of such annuities or pensions."

DISREGARDING OASDI BENEFIT INCREASES AND CHILD'S INSURANCE BENEFIT

PAYMENTS BEYOND AGE 18 TO THE EXTENT ATTRIBUTABLE TO RETROACTIVE

EFFECTIVE DATE OF 1965 AMENDMENTS

Section 406 of Pub. L. 89-97 authorized a State to disregard, in

determining the need for aid or assistance under State plans

approved under subchapter I, IV, X, XIV, or XVI of this chapter,

any amount paid to an individual under subchapter II of this

chapter or the Railroad Retirement Act of 1937, section 228a et

seq. of Title 45, Railroads, by reason of the amendments made by

section 326(a) of Pub. L. 89-97 to sections 228a(q) and 228e(1)(9)

of Title 45, for months occurring after December 1964 and before

the third month following July 1965, in certain instances.

COMPUTATION OF AVERAGE MONTHLY WAGE FOR CERTAIN INDIVIDUALS

ENTITLED TO DISABILITY INSURANCE BENEFITS PRIOR TO 1961

Section 303(g)(2) of Pub. L. 86-778 provided that:

"Notwithstanding the amendments made by the preceding subsections

of this section [amending this section and section 423 of this

title], in the case of any individual who was entitled (without

regard to the provisions of section 223(b) of the Social Security

Act [section 423(b) of this title]) to a disability insurance

benefit under such section 223 for the month before the month in

which he became entitled to an old-age insurance benefit under

section 202(a) of such Act [section 402(a) of this title], or in

which he died, and such disability insurance benefit was based upon

a primary insurance amount determined under the provisions of

section 215 of the Social Security Act [this section] in effect

prior to the enactment of this Act, the Secretary shall, in

applying the provisions of such section 215(a) (except paragraph

(4) thereof), for purposes of determining benefits payable under

section 202 of such Act on the basis of such individual's wages and

self-employment income, determine such individual's average monthly

wage under the provisions of section 215 of the Social Security Act

[this section] in effect prior to the enactment of this Act [Sept.

13, 1960]. The provisions of this paragraph shall not apply with

respect to any such individual, entitled to such old-age insurance

benefits, (i) who applies, after 1960, for a recomputation (to

which he is entitled) of his primary insurance amount under section

215(f)(2) of such Act [subsec. (f)(2) of this section], or (ii) who

dies after 1960 and meets the conditions for a recomputation of his

primary insurance amount under section 215(f)(4) of such Act."

AVERAGE MONTHLY WAGE FOR CERTAIN INDIVIDUALS ENTITLED TO MONTHLY

BENEFITS OR TO RECOMPUTATION OF PRIMARY INSURANCE AMOUNT FOR MONTHS

PRIOR TO JANUARY 1961

Section 303(j) of Pub. L. 86-778 provided that: "In the case of

an individual whose average monthly wage is computed under the

provisions of section 215(b) of the Social Security Act [subsec.

(b) of this section], as amended by this Act, and -

"(1) who is entitled, by reason of the provisions of section

202(j)(1) or section 223(b) of the Social Security Act [section

402(j)(1) or 423(b) of this title], to a monthly benefit for any

month prior to January 1961, or

"(2) who is (or would, but for the fact that such recomputation

would not result in a higher primary insurance amount for such

individual, be) entitled, by reason of section 215(f) of the

Social Security Act [subsec. (f) of this section], to have his

primary insurance amount recomputed effective for a month prior

to January 1961,

his average monthly wage as determined under the provisions of such

section 215(b) [subsec. (b) of this section] shall be his average

monthly wage for the purposes of determining his primary insurance

amount for such prior month."

LAG RECOMPUTATION PRESERVED FOR CERTAIN INDIVIDUALS ELIGIBLE OR

DEAD PRIOR TO SEPTEMBER 1954

Section 102(e)(8) of act Sept. 1, 1954, as amended by Pub. L.

86-778, title III, Sec. 304(c), Sept. 13, 1960, 74 Stat. 966,

provided that: "In the case of an individual who became (without

the application of section 202(j)(1) [section 402(j)(1) of this

title]) entitled to old-age insurance benefits or died prior to

September 1954, the provisions of section 215(f)(3) [subsec. (f)(3)

of this section] as in effect prior to the enactment of this Act

[Sept. 1, 1954] shall be applicable as though this Act had not been

enacted but only if such individual files the application referred

to in subparagraph (A) of such section prior to January 1961 or (if

he dies without filing such application) his death occurred prior

to January 1961."

RIGHT TO RECOMPUTATION UNDER LAW PRIOR TO ENACTMENT OF ACT

SEPTEMBER 1, 1954

Section 102(e)(5) of act Sept. 1, 1954, as amended by Pub. L.

86-778, title III, Sec. 304(b), Sept. 13, 1960, 74 Stat. 966,

provided that:

"(A) In the case of any individual who, upon filing application

therefor before September 1954, would (but for the provisions of

section 215(f)(6) of the Social Security Act [subsec. (f)(6) of

this section]) have been entitled to a recomputation under

subparagraph (A) or (B) of section 215(f)(2) of such Act as in

effect prior to the enactment of this Act [Sept. 1, 1954], the

Secretary shall recompute such individual's primary insurance

amount, but only if he files an application therefor or, in case he

died before filing such application, an application for monthly

benefits or a lump-sum death payment on the basis of his wages and

self-employment income is filed. Such recomputation shall be made

only as provided in subsection (a)(2) of section 215 of the Social

Security Act, as amended by this Act, through the use of a primary

insurance amount determined under subsection (d)(6) of such section

in the same manner as for an individual to whom subsection (a)(1)

of such section, as in effect prior to the enactment of this Act

[Sept. 1, 1954], is applicable; and such recomputation shall take

into account only such wages and self-employment income as would be

taken into account under section 215(b) of the Social Security Act

if the month in which the application for recomputation is filed,

or if the individual died without filing the application for

recomputation, the month in which he died, were deemed to be the

month in which he became entitled to old-age insurance benefits. In

the case of monthly benefits, such recomputation shall be effective

for and after the month in which such application for recomputation

is filed or, if the individual has died without filing the

application, for and after the month in which the person filing the

application for monthly survivor benefits becomes entitled to such

benefits.

"(B) In the case of -

"(i) any individual who is entitled to a recomputation under

subparagraph (A) of section 215(f)(2) of the Social Security Act

[subsec. (f)(2)(A) of this section] as in effect prior to the

enactment of this Act [Sept. 1, 1954] on the basis of an

application filed after August 1954, or who died after such month

leaving any survivors entitled to a recomputation under section

215(f)(4) of the Social Security Act as in effect prior to the

enactment of this Act on the basis of his wages and

self-employment income, and whose sixth quarter of coverage after

1950 was acquired after August 1954 or with respect to whom the

twelfth month referred to in such subparagraph (A) occurred after

such month, and

"(ii) any individual who is entitled to a recomputation under

section 215(f)(2)(B) of the Social Security Act [subsec.

(f)(2)(B) of this section] as is in effect prior to the enactment

of this Act [Sept. 1, 1954] on the basis of an application filed

after August 1954, or who died after August 1954 leaving any

survivors entitled to a recomputation under section 215(f)(4) of

the Social Security Act as in effect prior to the enactment of

this Act on the basis of his wages and self-employment income,

and whose sixth quarter of coverage after 1950 was acquired after

August 1954 or who did not attain the age of seventy-five prior

to September 1954, the recomputation of his primary insurance

amount shall be made in the manner provided in section 215 of the

Social Security Act [this section], as amended by this Act, for

computation of such amount, except that his closing date, for

purposes of subsection (b) of such section 215, shall be

determined as though he became entitled to old-age insurance

benefits in the month in which he filed such application for or,

if he has died, in the month in which he died. In the case of

monthly benefits, such recomputation shall be effective for and

after the month in which such application for recomputation is

filed or, if the individual has died without filing the

application, for and after the month in which the person filing

the application for monthly survivors benefits becomes entitled

to such benefits.

"(C) An individual or, in case of his death, his survivors

entitled to a lump-sum death payment or to monthly benefits under

section 202 of the Social Security Act on the basis of his wages

and self-employment income shall be entitled to a recomputation of

his primary insurance amount under section 215(f)(2) or section

215(f)(4) of the Social Security Act [subsec. (f)(2) or (4) of this

section] as in effect prior to the date of enactment of this Act

[Sept. 1, 1954] only if (i) he had not less than six quarters of

coverage in the period after 1950 and prior to January 1, 1955, and

(ii) either the twelfth month referred to in subparagraph (A) of

such section 215(f)(2) occurred prior to January 1, 1955, or he

attained the age of 75 prior to 1955, and (iii) he meets the other

conditions of entitlement to such a recomputation. No individual

shall be entitled to a computation under subparagraph (A) or (B) of

this paragraph if his primary insurance amount has previously been

recomputed under either of such subparagraphs.

"(D) Notwithstanding the provisions of subparagraphs (A), (B),

and (C), the primary insurance amount of an individual shall not be

recomputed under such provisions unless such individual files the

application referred to in subparagraph (A) or (B) prior to January

1961 or, if he dies without filing such application, his death

occurred prior to January 1961."

RECOMPUTATION OF PRIMARY INSURANCE AMOUNT IN CERTAIN CASES WHERE

APPLICATION FOR RECOMPUTATION IS FILED ON OR AFTER SEPTEMBER 13,

1960

Section 303(h) of Pub. L. 86-778 provided that: "In any case

where application for recomputation under section 215(f)(3) of the

Social Security Act [subsec. (f)(3) of this section] is filed on or

after the date of the enactment of this Act [Sept. 13, 1960] with

respect to an individual for whom the last previous computation of

the primary insurance amount was based on an application filed

prior to 1961, or who died before 1961, the provisions of section

215 of such Act [this section] as in effect prior to the enactment

of this Act shall apply except that -

"(1) such recomputation shall be made as provided in section

215(a) of the Social Security Act [subsec. (a) of this section]

(as in effect prior to the enactment of this Act) and as though

such individual first became entitled to old-age insurance

benefits in the month in which he filed his application for such

recomputation or died without filing such an application, and his

closing date for such purposes shall be as specified in such

section 215(f)(3); and

"(2) the provisions of section 215(b)(4) of the Social Security

Act [subsec. (b)(4) of this section] (as in effect prior to the

enactment of this Act) shall apply only if they were applicable

to the last previous computation of such individual's primary

insurance amount, or would have been applicable to such

computation if there had been taken into account -

"(A) his wages and self-employment income in the year in

which he became entitled to old-age insurance benefits or filed

application for the last previous recomputation of his primary

insurance amount, where he is living at the time of the

application for recomputation under this subsection, or

"(B) his wages and self-employment income in the year in

which he died without becoming entitled to old-age insurance

benefits, or (if he was entitled to such benefits) the year in

which application was filed for the last previous computation

of his primary insurance amount or in which he died, whichever

first occurred, where he has died at the time of the

application for such recomputation.

If the primary insurance amount of an individual was recomputed

under section 215(f)(3) of the Social Security Act [subsec. (f)(3)

of this section] as in effect prior to the enactment of this Act,

and such amount would have been larger if the recomputation had

been made under such section as modified by this subsection, then

the Secretary shall recompute such primary insurance amount under

such section as so modified, but only if an application for such

recomputation is filed on or after the date of the enactment of

this Act [Sept. 13, 1960]. A recomputation under the preceding

sentence shall be effective for and after the first month for which

the last previous recomputation of such individual's primary

insurance amount under such section 215 [this section] was

effective, but in no event for any month prior to the twenty-fourth

month before the month in which the application for a recomputation

is filed under the preceding sentence."

SPECIAL STARTING AND CLOSING DATES FOR CERTAIN INDIVIDUALS FOR

COMPUTATION OF 1957 BENEFIT AMOUNTS

Section 110 of act Aug. 1, 1956, provided that: "In the case of

an individual who died or became (without the application of

section 202(j)(1) of the Social Security Act [section 402(j)(1) of

this title]) entitled to old-age insurance benefits in 1957 and

with respect to whom not less than six of the quarters elapsing

after 1955 and prior to the quarter following the quarter in which

he died or became entitled to old-age insurance benefits, whichever

first occurred, are quarters of coverage, his primary insurance

amount shall be computed under section 215(a)(1)(A) of such Act

[subsec. (a)(1)(A) of this section], with a starting date of

December 31, 1955, and a closing date of July 1, 1957, but only if

it would result in a higher primary insurance amount. For the

purposes of section 215(f)(3)(C) of such Act, the determination of

an individual's closing date under the preceding sentence shall be

considered as a determination of the individual's closing date

under section 215(b)(3)(A) of such Act and the recomputation

provided for by such section 215(f)(3)(C) shall be made using July

1, 1957, as the closing date, but only if it would result in a

higher primary insurance amount. In any such computation on the

basis of a July 1, 1957, closing date, the total of his wages and

self-employment income after December 31, 1956, shall, if it is in

excess of $2,100, be reduced to such amount."

SPECIAL STARTING AND CLOSING DATES FOR CERTAIN INDIVIDUALS FOR

COMPUTATION OF 1966 BENEFIT AMOUNTS

Section 102(e)(6) of act Sept. 1, 1954, provided that: "In the

case of an individual who died or became (without the application

of section 202(j)(1) of the Social Security Act [section 402(j)(1)

of this title]) entitled to old-age insurance benefits in 1956 and

with respect to whom not less than six of the quarters elapsing

after 1954 and prior to the quarter following the quarter in which

he died or became entitled to old-age insurance benefits, whichever

first occurred, are quarters of coverage, his primary insurance

amount shall be computed under section 215(a)(1)(A) of such Act, as

amended by this Act [subsec. (a)(1)(A) of this section], with a

starting date of December 31, 1954, and a closing date of July 1,

1956, but only if it would result in a higher primary insurance

amount. For the purposes of section 215(f)(3)(C) of such Act, the

determination of an individual's closing date under the preceding

sentence shall be considered as a determination of the individual's

closing date under section 215(b)(3)(A) of such Act, and the

recomputation provided for by such section 215(f)(3)(C) shall be

made using July 1, 1956, as the closing date, but only if it would

result in a higher primary insurance amount. In any such

computation on the basis of a July 1, 1956 closing date, the total

of his wages and self-employment income after December 31, 1955,

shall, if it is in excess of $2,100, be reduced to such amount."

STUDY OF FEASIBILITY OF INCREASING BENEFITS

Section 404 of act Sept. 1, 1954, authorized the Secretary of

Health, Education, and Welfare to conduct a feasibility study with

a view toward increasing the minimum old-age insurance benefit

under this subchapter to $55, $60, or $75 per month and required

him to report the results of his study to the Congress at the

earliest practicable date.

CHANGE OF WAGE CLOSING DATE OF CERTAIN INDIVIDUALS DEAD OR ELIGIBLE

IN 1952 TO THE FIRST WAY OF THE QUARTER OF DEATH OR ENTITLEMENT

Section 6(c) of act July 18, 1952, provided that: "In the case of

an individual who died or became (without the application of

section 202(j)(1) of the Social Security Act [section 402(j)(1) of

this title]) entitled to old-age insurance benefits in 1952 and

with respect to whom not less than six of the quarters elapsing

after 1950 and prior to the quarter following the quarter in which

he died or became entitled to old-age insurance benefits, whichever

first occurred, are quarters of coverage, his wage closing date

shall be the first day of such quarter of death or entitlement

instead of the day specified in section 215(b)(3) of such Act

[subsec. (b)(3) of this section], but only if it would result in a

higher primary insurance amount for such individual. The terms used

in this paragraph shall have the same meaning as when used in title

II of the Social Security Act [this subchapter]."

COMPUTATION OF INCREASED BENEFITS TO INDIVIDUALS ENTITLED THERETO

FOR AUGUST 1952

Section 6(e) of act July 18, 1952, provided that: "In case the

benefit of any individual for any month after August 1952 is

computed under section 2(c)(2)(A) of this Act [set out as a note

under this section] through use of a benefit (after the application

of sections 203 and 215(g) of the Social Security Act [section 403

of this title and subsec. (g) of this section] as in effect prior

to the enactment of this Act [July 18, 1952]) for August 1952 which

could have been derived from either of two (and not more than two)

primary insurance amounts, and such primary insurance amounts

differ from each other by not more than $0.10, then the benefit of

such individual for such month of August 1952 shall, for the

purposes of the last sentence of such section 2(c)(2)(A) [set out

as a note under this section], be deemed to have been derived from

the larger of such two primary insurance amounts."

COMPUTATION OF INCREASED BENEFITS FOR DEPENDENTS AND SURVIVORS ON

BENEFIT ROLLS FOR AUGUST 1952

Section 2(c)(2) of act July 18, 1952, as amended by act Sept. 1,

1954, Sec. 102(g), eff. Sept. 1, 1954, provided that:

"(A) In the case of any individual who is (without the

application of section 202(j)(1) of the Social Security Act)

[section 402(j)(1) of this title] entitled to a monthly benefit

under subsection (b), (c), (d), (e), (f), (g), or (h) of such

section 202 for August 1952, whose benefit for such month is

computed through use of a primary insurance amount determined under

paragraph (1) or (2) of section 215(c) of such Act [subsec. (c) of

this section], and who is entitled to such benefit for any

succeeding month on the basis of the same wages and self-employment

income, the amendments made by this section shall not (subject to

the provisions of subparagraph (B) of this paragraph) apply for

purposes of computing the amount of such benefit for such

succeeding month. The amount of such benefit for such succeeding

month shall instead be equal to the larger of (i) 112 1/2 per

centum of the amount of such benefit (after the application of

sections 203(a) and 215(g) of the Social Security Act [section

403(a) of this title and subsec. (g) of this section] as in effect

prior to the enactment of this Act [July 18, 1952]) for August

1952, increased, if it is not a multiple of $0.10, to the next

higher multiple of $0.10, or (ii) the amount of such benefit (after

the application of sections 203(a) and 215(g) of the Social

Security Act as in effect prior to the enactment of this Act [July

18, 1952]) for August 1952, increased by an amount equal to the

product obtained by multiplying $5 by the fraction applied to the

primary insurance amount which was used in determining such

benefit, and further increased, if such product is not a multiple

of $0.10, to the next higher multiple of $0.10. The provisions of

section 203(a) of the Social Security Act, as amended by this

section (and, for purposes of such section 203(a), the provisions

of section 215(c)(4) of the Social Security Act, as amended by this

section), shall apply to such benefit as computed under the

preceding sentence of this subparagraph, and the resulting amount,

if not a multiple of $0.10, shall be increased to the next higher

multiple of $0.10.

"(B) The provisions of subparagraph (A) shall cease to apply to

the benefit of any individual under title II of the Social Security

Act [this subchapter] for any month after August 1954."

DETERMINATION OF PRIMARY INSURANCE AMOUNT OF INDIVIDUALS WHO DIED

AFTER 1939 AND PRIOR TO 1951

Section 204(b) of Pub. L. 86-778 provided that: "The primary

insurance amount (for purposes of title II of the Social Security

Act [this subchapter]) of any individual who died after 1939 and

prior to 1951 shall be determined as provided in section 215(a)(2)

of such Act [subsec. (a)(2) of this section]."

BENEFITS IN CERTAIN CASES OF DEATHS BEFORE SEPTEMBER 1950

Section 109 of act Sept. 1, 1954, as amended by Pub. L. 86-778,

title II, Sec. 204(c), Sept. 13, 1960, 74 Stat. 948, provided that

in the case of an individual who died prior to Sept. 1, 1950, and

was not a fully insured individual when he died and who had at

least six quarters of coverage under this subchapter, such

individual was generally to be deemed to have died fully insured,

his primary insurance amount was to be deemed to be computed under

subsec. (a)(2) of this section, the proof of support requirement in

section 402(h) of this title was not to be applicable where such

proof was filed before Sept. 1956, and that the provisions of this

section were to apply to monthly benefits under section 402 of this

title for months after Aug. 1954 and in or prior to Sept. 1960.

COMPUTATION OF PRIMARY INSURANCE AMOUNT OF INDIVIDUALS WHO DIED

PRIOR TO 1940

Section 205(c) of Pub. L. 86-778 provided that: "The primary

insurance amount (for purposes of title II of the Social Security

Act [this subchapter]) of any individual who died prior to 1940,

and who had not less than six quarters of coverage (as defined in

section 213 of such Act [section 413 of this title]), shall be

computed under section 215(a)(2) of such Act [subsec. (a)(2) of

this section]."

[Section 205(c) of Pub. L. 86-778 as applicable only in the case

of monthly benefits under this subchapter for months after

September 1960, on the basis of applications filed in or after such

month, see section 205(d) of Pub. L. 86-778, set out as an

Effective Date of 1960 Amendment note under section 402 of this

title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 403, 406, 409, 413,

417, 418, 423, 424a, 427, 428, 430, 431, 909, 1382f, 1382g, 1382h,

1383, 1383c, 1396d, 1396o of this title; title 5 sections 8349,

8421, 8442; title 26 sections 415, 3121; title 38 sections 1103,

1303, 1562, 5312; title 45 sections 231b, 231c.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "and".

-End-

-CITE-

42 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 416. Additional definitions

-STATUTE-

For the purposes of this subchapter -

(a) Spouse; surviving spouse

(1) The term "spouse" means a wife as defined in subsection (b)

of this section or a husband as defined in subsection (f) of this

section.

(2) The term "surviving spouse" means a widow as defined in

subsection (c) of this section or a widower as defined in

subsection (g) of this section.

(b) Wife

The term "wife" means the wife of an individual, but only if she

(1) is the mother of his son or daughter, (2) was married to him

for a period of not less than one year immediately preceding the

day on which her application is filed, or (3) in the month prior to

the month of her marriage to him (A) was entitled to, or on

application therefor and attainment of age 62 in such prior month

would have been entitled to, benefits under subsection (b), (e), or

(h) of section 402 of this title, (B) had attained age eighteen and

was entitled to, or on application therefor would have been

entitled to, benefits under subsection (d) of such section

(subject, however, to section 402(s) of this title), or (C) was

entitled to, or upon application therefor and attainment of the

required age (if any) would have been entitled to, a widow's,

child's (after attainment of age 18), or parent's insurance annuity

under section 231a of title 45. For purposes of clause (2), a wife

shall be deemed to have been married to an individual for a period

of one year throughout the month in which occurs the first

anniversary of her marriage to such individual. For purposes of

subparagraph (C) of section 402(b)(1) of this title, a divorced

wife shall be deemed not to be married throughout the month in

which she becomes divorced.

(c) Widow

The term "widow" (except when used in the first sentence of

section 402(i) of this title) means the surviving wife of an

individual, but only if (1) she is the mother of his son or

daughter, (2) she legally adopted his son or daughter while she was

married to him and while such son or daughter was under the age of

eighteen, (3) he legally adopted her son or daughter while she was

married to him and while such son or daughter was under the age of

eighteen, (4) she was married to him at the time both of them

legally adopted a child under the age of eighteen, (5) she was

married to him for a period of not less than nine months

immediately prior to the day on which he died, or (6) in the month

prior to the month of her marriage to him (A) she was entitled to,

or on application therefor and attainment of age 62 in such prior

month would have been entitled to, benefits under subsection (b),

(e), or (h) of section 402 of this title, (B) she had attained age

eighteen and was entitled to, or on application therefor would have

been entitled to, benefits under subsection (d) of such section

(subject, however, to section 402(s) of this title), or (C) she was

entitled to, or upon application therefor and attainment of the

required age (if any) would have been entitled to, a widow's,

child's (after attainment of age 18), or parent's insurance annuity

under section 231a of title 45.

(d) Divorced spouses; divorce

(1) The term "divorced wife" means a woman divorced from an

individual, but only if she had been married to such individual for

a period of 10 years immediately before the date the divorce became

effective.

(2) The term "surviving divorced wife" means a woman divorced

from an individual who has died, but only if she had been married

to the individual for a period of 10 years immediately before the

date the divorce became effective.

(3) The term "surviving divorced mother" means a woman divorced

from an individual who has died, but only if (A) she is the mother

of his son or daughter, (B) she legally adopted his son or daughter

while she was married to him and while such son or daughter was

under the age of 18, (C) he legally adopted her son or daughter

while she was married to him and while such son or daughter was

under the age of 18, or (D) she was married to him at the time both

of them legally adopted a child under the age of 18.

(4) The term "divorced husband" means a man divorced from an

individual, but only if he had been married to such individual for

a period of 10 years immediately before the date the divorce became

effective.

(5) The term "surviving divorced husband" means a man divorced

from an individual who has died, but only if he had been married to

the individual for a period of 10 years immediately before the

divorce became effective.

(6) The term "surviving divorced father" means a man divorced

from an individual who has died, but only if (A) he is the father

of her son or daughter, (B) he legally adopted her son or daughter

while he was married to her and while such son or daughter was

under the age of 18, (C) she legally adopted his son or daughter

while he was married to her and while such son or daughter was

under the age of 18, or (D) he was married to her at the time both

of them legally adopted a child under the age of 18.

(7) The term "surviving divorced parent" means a surviving

divorced mother as defined in paragraph (3) of this subsection or a

surviving divorced father as defined in paragraph (6).

(8) The terms "divorce" and "divorced" refer to a divorce a

vinculo matrimonii.

(e) Child

The term "child" means (1) the child or legally adopted child of

an individual, (2) a stepchild who has been such stepchild for not

less than one year immediately preceding the day on which

application for child's insurance benefits is filed or (if the

insured individual is deceased) not less than nine months

immediately preceding the day on which such individual died, and

(3) a person who is the grandchild or stepgrandchild of an

individual or his spouse, but only if (A) there was no natural or

adoptive parent (other than such a parent who was under a

disability, as defined in section 423(d) of this title) of such

person living at the time (i) such individual became entitled to

old-age insurance benefits or disability insurance benefits or

died, or (ii) if such individual had a period of disability which

continued until such individual became entitled to old-age

insurance benefits or disability insurance benefits, or died, at

the time such period of disability began, or (B) such person was

legally adopted after the death of such individual by such

individual's surviving spouse in an adoption that was decreed by a

court of competent jurisdiction within the United States and such

person's natural or adopting parent or stepparent was not living in

such individual's household and making regular contributions toward

such person's support at the time such individual died. For

purposes of clause (1), a person shall be deemed, as of the date of

death of an individual, to be the legally adopted child of such

individual if such person was either living with or receiving at

least one-half of his support from such individual at the time of

such individual's death and was legally adopted by such

individual's surviving spouse after such individual's death but

only if (A) proceedings for the adoption of the child had been

instituted by such individual before his death, or (B) such child

was adopted by such individual's surviving spouse before the end of

two years after (i) the day on which such individual died or (ii)

August 28, 1958. For purposes of clause (2), a person who is not

the stepchild of an individual shall be deemed the stepchild of

such individual if such individual was not the mother or adopting

mother or the father or adopting father of such person and such

individual and the mother or adopting mother, or the father or

adopting father, as the case may be, of such person went through a

marriage ceremony resulting in a purported marriage between them

which, but for a legal impediment described in the last sentence of

subsection (h)(1)(B) of this section, would have been a valid

marriage. For purposes of clause (2), a child shall be deemed to

have been the stepchild of an individual for a period of one year

throughout the month in which occurs the expiration of such one

year. For purposes of clause (3), a person shall be deemed to have

no natural or adoptive parent living (other than a parent who was

under a disability) throughout the most recent month in which a

natural or adoptive parent (not under a disability) dies.

(f) Husband

The term "husband" means the husband of an individual, but only

if (1) he is the father of her son or daughter, (2) he was married

to her for a period of not less than one year immediately preceding

the day on which his application is filed, or (3) in the month

prior to the month of his marriage to her (A) he was entitled to,

or on application therefor and attainment of age 62 in such prior

month would have been entitled to, benefits under subsection (c),

(f) or (h) of section 402 of this title, (B) he had attained age

eighteen and was entitled to, or on application therefor would have

been entitled to, benefits under subsection (d) of such section

(subject, however, to section 402(s) of this title), or (C) he was

entitled to, or upon application therefor and attainment of the

required age (if any) he would have been entitled to, a widower's,

child's (after attainment of age 18), or parent's insurance annuity

under section 231a of title 45. For purposes of clause (2), a

husband shall be deemed to have been married to an individual for a

period of one year throughout the month in which occurs the first

anniversary of his marriage to her. For purposes of subparagraph

(C) of section 402(c)(1) of this title, a divorced husband shall be

deemed not to be married throughout the month which he becomes

divorced.

(g) Widower

The term "widower" (except when used in the first sentence of

section 402(i) of this title) means the surviving husband of an

individual, but only if (1) he is the father of her son or

daughter, (2) he legally adopted her son or daughter while he was

married to her and while such son or daughter was under the age of

eighteen, (3) she legally adopted his son or daughter while he was

married to her and while such son or daughter was under the age of

eighteen, (4) he was married to her at the time both of them

legally adopted a child under the age of eighteen, (5) he was

married to her for a period of not less than nine months

immediately prior to the day on which she died, or (6) in the month

before the month of his marriage to her (A) he was entitled to, or

on application therefor and attainment of age 62 in such prior

month would have been entitled to, benefits under subsection (c),

(f) or (h) of section 402 of this title, (B) he had attained age

eighteen and was entitled to, or on application therefor would have

been entitled to, benefits under subsection (d) of such section

(subject, however, to section 402(s) of this title), or (C) he was

entitled to, or on application therefor and attainment of the

required age (if any) he would have been entitled to, a widower's,

child's (after attainment of age 18), or parent's insurance annuity

under section 231a of title 45.

(h) Determination of family status

(1)(A)(i) An applicant is the wife, husband, widow, or widower of

a fully or currently insured individual for purposes of this

subchapter if the courts of the State in which such insured

individual is domiciled at the time such applicant files and

application, or, if such insured individual is dead, the courts of

the State in which he was domiciled at the time of death, or, if

such insured individual is or was not so domiciled in any State,

the courts of the District of Columbia, would find that such

applicant and such insured individual were validly married at the

time such applicant files such application or, if such insured

individual is dead, at the time he died.

(ii) If such courts would not find that such applicant and such

insured individual were validly married at such time, such

applicant shall, nevertheless be deemed to be the wife, husband,

widow, or widower, as the case may be, of such insured individual

if such applicant would, under the laws applied by such courts in

determining the devolution of intestate personal property, have the

same status with respect to the taking of such property as a wife,

husband, widow, or widower of such insured individual.

(B)(i) In any case where under subparagraph (A) an applicant is

not (and is not deemed to be) the wife, widow, husband, or widower

of a fully or currently insured individual, or where under

subsection (b), (c), (d), (f), or (g) of this section such

applicant is not the wife, divorced wife, widow, surviving divorced

wife, husband, divorced husband, widower, or surviving divorced

husband of such individual, but it is established to the

satisfaction of the Commissioner of Social Security that such

applicant in good faith went through a marriage ceremony with such

individual resulting in a purported marriage between them which,

but for a legal impediment not known to the applicant at the time

of such ceremony, would have been a valid marriage, then, for

purposes of subparagraph (A) and subsections (b), (c), (d), (f),

and (g) of this section, such purported marriage shall be deemed to

be a valid marriage. Notwithstanding the preceding sentence, in the

case of any person who would be deemed under the preceding sentence

a wife, widow, husband, or widower of the insured individual, such

marriage shall not be deemed to be a valid marriage unless the

applicant and the insured individual were living in the same

household at the time of the death of the insured individual or (if

the insured individual is living) at the time the applicant files

the application. A marriage that is deemed to be a valid marriage

by reason of the preceding sentence shall continue to be deemed a

valid marriage if the insured individual and the person entitled to

benefits as the wife or husband of the insured individual are no

longer living in the same household at the time of the death of

such insured individual.

(ii) The provisions of clause (i) shall not apply if the

Commissioner of Social Security determines, on the basis of

information brought to the Commissioner's attention, that such

applicant entered into such purported marriage with such insured

individual with knowledge that it would not be a valid marriage.

(iii) The entitlement to a monthly benefit under subsection (b)

or (c) of section 402 of this title, based on the wages and

self-employment income of such insured individual, of a person who

would not be deemed to be a wife or husband of such insured

individual but for this subparagraph, shall end with the month

before the month in which such person enters into a marriage, valid

without regard to this subparagraph, with a person other than such

insured individual.

(iv) For purposes of this subparagraph, a legal impediment to the

validity of a purported marriage includes only an impediment (I)

resulting from the lack of dissolution of a previous marriage or

otherwise arising out of such previous marriage or its dissolution,

or (II) resulting from a defect in the procedure followed in

connection with such purported marriage.

(2)(A) In determining whether an applicant is the child or parent

of a fully or currently insured individual for purposes of this

subchapter, the Commissioner of Social Security shall apply such

law as would be applied in determining the devolution of intestate

personal property by the courts of the State in which such insured

individual is domiciled at the time such applicant files

application, or, if such insured individual is dead, by the courts

of the State in which he was domiciled at the time of his death,

or, if such insured individual is or was not so domiciled in any

State, by the courts of the District of Columbia. Applicants who

according to such law would have the same status relative to taking

intestate personal property as a child or parent shall be deemed

such.

(B) If an applicant is a son or daughter of a fully or currently

insured individual but is not (and is not deemed to be) the child

of such insured individual under subparagraph (A), such applicant

shall nevertheless be deemed to be the child of such insured

individual if such insured individual and the mother or father, as

the case may be, of such applicant went through a marriage ceremony

resulting in a purported marriage between them which, but for a

legal impediment described in the last sentence of paragraph

(1)(B), would have been a valid marriage.

(3) An applicant who is the son or daughter of a fully or

currently insured individual, but who is not (and is not deemed to

be) the child of such insured individual under paragraph (2) of

this subsection, shall nevertheless be deemed to be the child of

such insured individual if:

(A) in the case of an insured individual entitled to old-age

insurance benefits (who was not, in the month preceding such

entitlement, entitled to disability insurance benefits) -

(i) such insured individual -

(I) has acknowledged in writing that the applicant is his

or her son or daughter,

(II) has been decreed by a court to be the mother or father

of the applicant, or

(III) has been ordered by a court to contribute to the

support of the applicant because the applicant is his or her

son or daughter,

and such acknowledgment, court decree, or court order was made

not less than one year before such insured individual became

entitled to old-age insurance benefits or attained retirement

age (as defined in subsection (l) of this section), whichever

is earlier; or

(ii) such insured individual is shown by evidence

satisfactory to the Commissioner of Social Security to be the

mother or father of the applicant and was living with or

contributing to the support of the applicant at the time such

applicant's application for benefits was filed;

(B) in the case of an insured individual entitled to disability

insurance benefits, or who was entitled to such benefits in the

month preceding the first month for which he or she was entitled

to old-age insurance benefits -

(i) such insured individual -

(I) has acknowledged in writing that the applicant is his

or her son or daughter,

(II) has been decreed by a court to be the mother or father

of the applicant, or

(III) has been ordered by a court to contribute to the

support of the applicant because the applicant is his or her

son or daughter,

and such acknowledgment, court decree, or court order was made

before such insured individual's most recent period of

disability began; or

(ii) such insured individual is shown by evidence

satisfactory to the Commissioner of Social Security to be the

mother or father of the applicant and was living with or

contributing to the support of that applicant at the time such

applicant's application for benefits was filed;

(C) in the case of a deceased individual -

(i) such insured individual -

(I) had acknowledged in writing that the applicant is his

or her son or daughter,

(II) had been decreed by a court to be the mother or father

of the applicant, or

(III) had been ordered by a court to contribute to the

support of the applicant because the applicant was his or her

son or daughter,

and such acknowledgment, court decree, or court order was made

before the death of such insured individual, or

(ii) such insured individual is shown by evidence

satisfactory to the Commissioner of Social Security to have

been the mother or father of the applicant, and such insured

individual was living with or contributing to the support of

the applicant at the time such insured individual died.

For purposes of subparagraphs (A)(i) and (B)(i), an

acknowledgement, court decree, or court order shall be deemed to

have occurred on the first day of the month in which it actually

occurred.

(i) Disability; period of disability

(1) Except for purposes of sections 402(d), 402(e), 402(f), 423,

and 425 of this title, the term "disability" means (A) inability to

engage in any substantial gainful activity by reason of any

medically determinable physical or mental impairment which can be

expected to result in death or has lasted or can be expected to

last for a continuous period of not less than 12 months, or (B)

blindness; and the term "blindness" means central visual acuity of

20/200 or less in the better eye with the use of a correcting lens.

An eye which is accompanied by a limitation in the fields of vision

such that the widest diameter of the visual field subtends an angle

no greater than 20 degrees shall be considered for purposes of this

paragraph as having a central visual acuity of 20/200 or less. The

provisions of paragraphs (2)(A), (2)(B), (3), (4), (5), and (6) of

section 423(d) of this title shall be applied for purposes of

determining whether an individual is under a disability within the

meaning of the first sentence of this paragraph in the same manner

as they are applied for purposes of paragraph (1) of such section.

Nothing in this subchapter shall be construed as authorizing the

Commissioner of Social Security or any other officer or employee of

the United States to interfere in any way with the practice of

medicine or with relationships between practitioners of medicine

and their patients, or to exercise any supervision or control over

the administration or operation of any hospital.

(2)(A) The term "period of disability" means a continuous period

(beginning and ending as hereinafter provided in this subsection)

during which an individual was under a disability (as defined in

paragraph (1)), but only if such period is of not less than five

full calendar months' duration or such individual was entitled to

benefits under section 423 of this title for one or more months in

such period.

(B) No period of disability shall begin as to any individual

unless such individual files an application for a disability

determination with respect to such period; and no such period shall

begin as to any individual after such individual attains retirement

age (as defined in subsection (l) of this section). In the case of

a deceased individual, the requirement of an application under the

preceding sentence may be satisfied by an application for a

disability determination filed with respect to such individual

within 3 months after the month in which he died.

(C) A period of disability shall begin -

(i) on the day the disability began, but only if the individual

satisfies the requirements of paragraph (3) on such day; or

(ii) if such individual does not satisfy the requirements of

paragraph (3) on such day, then on the first day of the first

quarter thereafter in which he satisfies such requirements.

(D) A period of disability shall end with the close of whichever

of the following months is the earlier: (i) the month preceding the

month in which the individual attains retirement age (as defined in

subsection (l) of this section), or (ii) the month preceding (I)

the termination month (as defined in section 423(a)(1) of this

title), or, if earlier (II) the first month for which no benefit is

payable by reason of section 423(e) of this title, where no benefit

is payable for any of the succeeding months during the 36-month

period referred to in such section. The provisions set forth in

section 423(f) of this title with respect to determinations of

whether entitlement to benefits under this subchapter or subchapter

XVIII of this chapter based on the disability of any individual is

terminated (on the basis of a finding that the physical or mental

impairment on the basis of which such benefits are provided has

ceased, does not exist, or is not disabling) shall apply in the

same manner and to the same extent with respect to determinations

of whether a period of disability has ended (on the basis of a

finding that the physical or mental impairment on the basis of

which the finding of disability was made has ceased, does not

exist, or is not disabling).

(E) Except as is otherwise provided in subparagraph (F), no

application for a disability determination which is filed more than

12 months after the month prescribed by subparagraph (D) as the

month in which the period of disability ends (determined without

regard to subparagraph (B) and this subparagraph) shall be accepted

as an application for purposes of this paragraph.

(F) An application for a disability determination which is filed

more than 12 months after the month prescribed by subparagraph (D)

as the month in which the period of disability ends (determined

without regard to subparagraphs (B) and (E)) shall be accepted as

an application for purposes of this paragraph if -

(i) in the case of an application filed by or on behalf of an

individual with respect to a disability which ends after January

1968, such application is filed not more than 36 months after the

month in which such disability ended, such individual is alive at

the time the application is filed, and the Commissioner of Social

Security finds in accordance with regulations prescribed by the

Commissioner that the failure of such individual to file an

application for a disability determination within the time

specified in subparagraph (E) was attributable to a physical or

mental condition of such individual which rendered him incapable

of executing such an application, and

(ii) in the case of an application filed by or on behalf of an

individual with respect to a period of disability which ends in

or before January 1968 -

(I) such application is filed not more than 12 months after

January 1968,

(II) a previous application for a disability determination

has been filed by or on behalf of such individual (1) in or

before January 1968, and (2) not more than 36 months after the

month in which his disability ended, and

(III) the Commissioner of Social Security finds in accordance

with regulations prescribed by the Commissioner, that the

failure of such individual to file an application within the

then specified time period was attributable to a physical or

mental condition of such individual which rendered him

incapable of executing such an application.

In making a determination under this subsection, with respect to

the disability or period of disability of any individual whose

application for a determination thereof is accepted solely by

reason of the provisions of this subparagraph (F), the provisions

of this subsection (other than the provisions of this subparagraph)

shall be applied as such provisions are in effect at the time such

determination is made.

(G) An application for a disability determination filed before

the first day on which the applicant satisfies the requirements for

a period of disability under this subsection shall be deemed a

valid application (and shall be deemed to have been filed on such

first day) only if the applicant satisfies the requirements for a

period of disability before the Commissioner of Social Security

makes a final decision on the application and no request under

section 405(b) of this title for notice and opportunity for a

hearing thereon is made or, if such a request is made, before a

decision based upon the evidence adduced at the hearing is made

(regardless of whether such decision becomes the final decision of

the Commissioner of Social Security).

(3) The requirements referred to in clauses (i) and (ii) of

paragraph (2)(C) of this subsection are satisfied by an individual

with respect to any quarter only if -

(A) he would have been a fully insured individual (as defined

in section 414 of this title) had he attained age 62 and filed

application for benefits under section 402(a) of this title on

the first day of such quarter; and

(B)(i) he had not less than 20 quarters of coverage during the

40-quarter period which ends with such quarter, or

(ii) if such quarter ends before he attains (or would attain)

age 31, not less than one-half (and not less than 6) of the

quarters during the period ending with such quarter and beginning

after he attained the age of 21 were quarters of coverage, or (if

the number of quarters in such period is less than 12) not less

than 6 of the quarters in the 12-quarter period ending with such

quarter were quarters of coverage, or

(iii) in the case of an individual (not otherwise insured under

clause (i)) who, by reason of clause (ii), had a prior period of

disability that began during a period before the quarter in which

he or she attained age 31, not less than one-half of the quarters

beginning after such individual attained age 21 and ending with

such quarter are quarters of coverage, or (if the number of

quarters in such period is less than 12) not less than 6 of the

quarters in the 12-quarter period ending with such quarter are

quarters of coverage;

except that the provisions of subparagraph (B) of this paragraph

shall not apply in the case of an individual who is blind (within

the meaning of "blindness" as defined in paragraph (1)). For

purposes of subparagraph (B) of this paragraph, when the number of

quarters in any period is an odd number, such number shall be

reduced by one, and a quarter shall not be counted as part of any

period if any part of such quarter was included in a prior period

of disability unless such quarter was a quarter of coverage.

(j) Periods of limitation ending on nonwork days

Where this subchapter, any provision of another law of the United

States (other than the Internal Revenue Code of 1986) relating to

or changing the effect of this subchapter, or any regulation issued

by the Commissioner of Social Security pursuant thereto provides

for a period within which an act is required to be done which

affects eligibility for or the amount of any benefit or payment

under this subchapter or is necessary to establish or protect any

rights under this subchapter, and such period ends on a Saturday,

Sunday, or legal holiday, or on any other day all or part of which

is declared to be a nonwork day for Federal employees by statute or

Executive order, then such act shall be considered as done within

such period if it is done on the first day thereafter which is not

a Saturday, Sunday, or legal holiday or any other day all or part

of which is declared to be a nonwork day for Federal employees by

statute or Executive order. For purposes of this subsection, the

day on which a period ends shall include the day on which an

extension of such period, as authorized by law or by the

Commissioner of Social Security pursuant to law, ends. The

provisions of this subsection shall not extend the period during

which benefits under this subchapter may (pursuant to section

402(j)(1) or 423(b) of this title) be paid for months prior to the

day application for such benefits is filed, or during which an

application for benefits under this subchapter may (pursuant to

section 402(j)(2) or 423(b) of this title) be accepted as such.

(k) Waiver of nine-month requirement for widow, stepchild, or

widower in case of accidental death or in case of serviceman

dying in line of duty, or in case of remarriage to same

individual

The requirement in clause (5) of subsection (c) of this section

or clause (5) of subsection (g) of this section that the surviving

spouse of an individual have been married to such individual for a

period of not less than nine months immediately prior to the day on

which such individual died in order to qualify as such individual's

widow or widower, and the requirement in subsection (e) of this

section that the stepchild of a deceased individual have been such

stepchild for not less than nine months immediately preceding the

day on which such individual died in order to qualify as such

individual's child, shall be deemed to be satisfied, where such

individual dies within the applicable nine-month period, if -

(1) his death -

(A) is accidental, or

(B) occurs in line of duty while he is a member of a

uniformed service serving on active duty (as defined in section

410(l)(2) of this title),

unless the Commissioner of Social Security determines that at the

time of the marriage involved the individual could not have

reasonably been expected to live for nine months, or

(2)(A) the widow or widower of such individual had been

previously married to such individual and subsequently divorced

and such requirement would have been satisfied at the time of

such divorce if such previous marriage had been terminated by the

death of such individual at such time instead of by divorce; or

(B) the stepchild of such individual had been the stepchild of

such individual during a previous marriage of such stepchild's

parent to such individual which ended in divorce and such

requirement would have been satisfied at the time of such divorce

if such previous marriage had been terminated by the death of

such individual at such time instead of by divorce;

except that paragraph (2) of this subsection shall not apply if the

Commissioner of Social Security determines that at the time of the

marriage involved the individual could not have reasonably been

expected to live for nine months. For purposes of paragraph (1)(A)

of this subsection, the death of an individual is accidental if he

receives bodily injuries solely through violent, external, and

accidental means and, as a direct result of the bodily injuries and

independently of all other causes, loses his life not later than

three months after the day on which he receives such bodily

injuries.

(l) Retirement age

(1) The term "retirement age" means -

(A) with respect to an individual who attains early retirement

age (as defined in paragraph (2)) before January 1, 2000, 65

years of age;

(B) with respect to an individual who attains early retirement

age after December 31, 1999, and before January 1, 2005, 65 years

of age plus the number of months in the age increase factor (as

determined under paragraph (3)) for the calendar year in which

such individual attains early retirement age;

(C) with respect to an individual who attains early retirement

age after December 31, 2004, and before January 1, 2017, 66 years

of age;

(D) with respect to an individual who attains early retirement

age after December 31, 2016, and before January 1, 2022, 66 years

of age plus the number of months in the age increase factor (as

determined under paragraph (3)) for the calendar year in which

such individual attains early retirement age; and

(E) with respect to an individual who attains early retirement

age after December 31, 2021, 67 years of age.

(2) The term "early retirement age" means age 62 in the case of

an old-age, wife's, or husband's insurance benefit, and age 60 in

the case of a widow's or widower's insurance benefit.

(3) The age increase factor for any individual who attains early

retirement age in a calendar year within the period to which

subparagraph (B) or (D) of paragraph (1) applies shall be

determined as follows:

(A) With respect to an individual who attains early retirement

age in the 5-year period consisting of the calendar years 2000

through 2004, the age increase factor shall be equal to

two-twelfths of the number of months in the period beginning with

January 2000 and ending with December of the year in which the

individual attains early retirement age.

(B) With respect to an individual who attains early retirement

age in the 5-year period consisting of the calendar years 2017

through 2021, the age increase factor shall be equal to

two-twelfths of the number of months in the period beginning with

January 2017 and ending with December of the year in which the

individual attains early retirement age.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 216, as added Aug. 28,

1950, ch. 809, title I, Sec. 104(a), 64 Stat. 492, 510; amended

July 18, 1952, ch. 945, Sec. 3(d), 66 Stat. 771; Sept. 1, 1954, ch.

1206, title I, Sec. 106(d), 68 Stat. 1080; Aug. 1, 1956, ch. 836,

title I, Secs. 102(a), (d)(12), 103(c)(6), 70 Stat. 809, 815, 818;

Pub. L. 85-109, Sec. 1, July 17, 1957, 71 Stat. 308; Pub. L.

85-238, Sec. 3(h), Aug. 30, 1957, 71 Stat. 519; Pub. L. 85-840,

title II, Secs. 201, 203, 204(a), title III, Secs. 301(a)(2),

(b)(2), (c)(2), (d), (e), 302(a), 305(b), Aug. 28, 1958, 72 Stat.

1020, 1021, 1026-1028, 1030; Pub. L. 86-778, title II, Secs.

207(a)-(c), 208(a)-(c), title IV, Secs. 402(e), 403(c), title VII,

Sec. 703, Sept. 13, 1960, 74 Stat. 950-952, 968, 969, 994; Pub. L.

87-64, title I, Secs. 102(b)(2)(D), (c)(1), (2)(B), (3)(C), 105,

June 30, 1961, 75 Stat. 134, 135, 139; Pub. L. 88-650, Sec.

1(a)-(c), Oct. 13, 1964, 78 Stat. 1075; Pub. L. 89-97, title III,

Secs. 303(a)(1), (b)(1), (2), 304(l), 306(c)(13), 308(c),

(d)(2)(B), 328(b), 334(a)-(d), 339(a), 344(a), July 30, 1965, 79

Stat. 366, 367, 370, 373, 377, 378, 400, 404, 405, 409, 412; Pub.

L. 90-248, title I, Secs. 104(d)(2), 105(a), 111(a), 150(a),

156(a)-(d), 158(d), 172(a), (b), Jan. 2, 1968, 81 Stat. 832, 833,

837, 860, 866, 869, 877; Pub. L. 92-603, title I, Secs. 104(g),

113(a), 115(b), 116(d), 117(a), 118(b), 145(a), Oct. 30, 1972, 86

Stat. 1341, 1347, 1349-1351, 1370; Pub. L. 93-445, title III, Sec.

304, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 95-216, title III, Sec.

337(a), Dec. 20, 1977, 91 Stat. 1548; Pub. L. 96-265, title III,

Secs. 303(b)(2)(B), 306(b), June 9, 1980, 94 Stat. 453, 457; Pub.

L. 96-473, Sec. 5(a)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L.

97-35, title XXII, Secs. 2202(a)(2), 2203(b)(2), (c)(2), (d)(3),

(4), Aug. 13, 1981, 95 Stat. 835-837; Pub. L. 98-21, title II, Sec.

201(a), (c)(1)(D), title III, Secs. 301(c), 303, 304(c), 306(c),

309(j), (k), 332(a), 333(a), Apr. 20, 1983, 97 Stat. 107, 109, 111,

112, 114, 117, 129; Pub. L. 98-369, div. B, title VI, Secs.

2661(l), 2662(c)(1), 2663(a)(11), July 18, 1984, 98 Stat. 1158,

1159, 1164; Pub. L. 98-460, Secs. 2(b), 4(a)(2), Oct. 9, 1984, 98

Stat. 1796, 1800; Pub. L. 100-203, title IX, Sec. 9010(e)(1), Dec.

22, 1987, 101 Stat. 1330-294; Pub. L. 101-508, title V, Secs.

5103(b)(1), 5104(a), 5119(a), (b), Nov. 5, 1990, 104 Stat.

1388-251, 1388-254, 1388-278, 1388-279; Pub. L. 103-296, title I,

Sec. 107(a)(4), title III, Sec. 321(c)(6)(H), Aug. 15, 1994, 108

Stat. 1478, 1538.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (j), is

classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1994 - Subsecs. (h), (i). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing, "the Commissioner's" for "his" in subsec.

(h)(1)(B)(ii), and "prescribed by the Commissioner" for "prescribed

by him" in subsec. (i)(2)(F)(i), (ii)(III).

Subsec. (j). Pub. L. 103-296, Sec. 321(c)(6)(H), substituted

"1986" for "1954" after "Code of".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" in two places.

Subsec. (k). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places.

1990 - Subsec. (e). Pub. L. 101-508, Sec. 5104(a), substituted

"either living with or receiving at least one-half of his support

from such individual at the time of such individual's death" for

"at the time of such individual's death living in such individual's

household" and struck out before period at end of second sentence

"; except that this sentence shall not apply if at the time of such

individual's death such person was receiving regular contributions

toward his support from someone other than such individual or his

spouse, or from any public or private welfare organization which

furnishes services or assistance for children".

Subsec. (h)(1)(A). Pub. L. 101-508, Sec. 5119(a)(1), designated

first and second sentences as cls. (i) and (ii), respectively.

Subsec. (h)(1)(B)(i). Pub. L. 101-508, Sec. 5119(b), substituted

"where under subsection (b), (c), (d), (f), or (g) of this section

such applicant is not the wife, divorced wife, widow, surviving

divorced wife, husband, divorced husband, widower, or surviving

divorced husband of such individual" for "where under subsection

(b), (c), (f), or (g) of this section such applicant is not the

wife, widow, husband, or widower of such individual", struck out

"and such applicant and the insured individual were living in the

same household at the time of the death of such insured individual

or (if such insured individual is living) at the time such

applicant files the application," after "valid marriage,",

substituted "subsections (b), (c), (d), (f), and (g)" for

"subsections (b), (c), (f), and (g)", and inserted at end

"Notwithstanding the preceding sentence, in the case of any person

who would be deemed under the preceding sentence a wife, widow,

husband, or widower of the insured individual, such marriage shall

not be deemed to be a valid marriage unless the applicant and the

insured individual were living in the same household at the time of

the death of the insured individual or (if the insured individual

is living) at the time the applicant files the application. A

marriage that is deemed to be a valid marriage by reason of the

preceding sentence shall continue to be deemed a valid marriage if

the insured individual and the person entitled to benefits as the

wife or husband of the insured individual are no longer living in

the same household at the time of the death of such insured

individual."

Pub. L. 101-508, Sec. 5119(a)(2)(A), inserted "(i)" after "(B)".

Subsec. (h)(1)(B)(ii). Pub. L. 101-508, Sec. 5119(a)(2)(B), (C),

substituted "(ii) The provisions of clause (i) shall not apply" for

"The provisions of the preceding sentence shall not apply (i) if

another person is or has been entitled to a benefit under

subsection (b), (c), (e), (f), or (g) of section 402 of this title

on the basis of the wages and self-employment income of such

insured individual and such other person is (or is deemed to be) a

wife, widow, husband, or widower of such insured individual under

subparagraph (A) at the time such applicant files the application,

or (ii)".

Subsec. (h)(1)(B)(iii). Pub. L. 101-508, Sec. 5119(a)(2)(D)-(G),

substituted "(iii) The entitlement to a monthly benefit under

subsection (b) or (c)" for "The entitlement to a monthly benefit

under subsection (b), (c), (e), (f), or (g)", "a wife or husband"

for "a wife, widow, husband, or widower", and "in which such person

enters" for "(i) in which the Secretary certifies, pursuant to

section 405(i) of this title, that another person is entitled to a

benefit under subsection (b), (c), (e), (f), or (g) of section 402

of this title on the basis of the wages and self-employment income

of such insured individual, if such other person is (or is deemed

to be) the wife, widow, husband, or widower of such insured

individual under subparagraph (A), or (ii) if the applicant is

entitled to a monthly benefit under subsection (b) or (c) of

section 402 of this title, in which such applicant entered".

Subsec. (h)(1)(B)(iv). Pub. L. 101-508, Sec. 5119(a)(2)(H), (I),

inserted "(iv)" before "For purposes" and substituted "(I)" and

"(II)" for "(i)" and "(ii)", respectively.

Subsec. (i)(1). Pub. L. 101-508, Sec. 5103(b)(1), substituted

"(2)(B)" for "(2)(C)".

1987 - Subsec. (i)(2)(D)(ii)(II). Pub. L. 100-203 substituted

"36-month period" for "15-month period".

1984 - Subsec. (f). Pub. L. 98-369, Sec. 2661(l)(1), inserted

provision that for purposes of subparagraph (C) of section

402(c)(1) of this title, a divorced husband shall be deemed not to

be married throughout the month which he becomes divorced.

Subsec. (h)(3). Pub. L. 98-369, Sec. 2663(a)(11)(A), made

technical amendment to directory language of Pub. L. 97-35, Sec.

2203(d)(4). See 1981 Amendment Note below.

Subsec. (h)(3)(A)(i). Pub. L. 98-369, Sec. 2661(l)(2),

substituted "subsection (l) of this section" for "section 416(l) of

this title".

Subsec. (i)(1). Pub. L. 98-460, Sec. 4(a)(2), inserted "(2)(C),"

after "(2)(A),".

Subsec. (i)(2)(B). Pub. L. 98-369, Sec. 2661(l)(3), substituted

"subsection (l) of this section" for "section 416(l) of this

title".

Pub. L. 98-369, Sec. 2662(c)(1), made clarifying amendment to

Pub. L. 98-21, Sec. 201(c)(1)(D). See 1983 Amendment note below.

Subsec. (i)(2)(D). Pub. L. 98-460, Sec. 2(b), inserted "The

provisions set forth in section 423(f) of this title with respect

to determinations of whether entitlement to benefits under this

subchapter or subchapter XVIII of this chapter based on the

disability of any individual is terminated (on the basis of a

finding that the physical or mental impairment on the basis of

which such benefits are provided has ceased, does not exist, or is

not disabling) shall apply in the same manner and to the same

extent with respect to determinations of whether a period of

disability has ended (on the basis of a finding that the physical

or mental impairment on the basis of which the finding of

disability was made has ceased, does not exist, or is not

disabling)."

Pub. L. 98-369, Sec. 2661(l)(3), substituted "subsection (l) of

this section" for "section 416(l) of this title".

Subsec. (i)(2)(F)(ii). Pub. L. 98-369, Sec. 2663(a)(11)(B),

substituted a dash for a comma after "before January 1968" in

provisions preceding subcl. (I).

1983 - Subsec. (a). Pub. L. 98-21, Sec. 304(c), added subsec.

(a).

Subsec. (d)(4), (5). Pub. L. 98-21, Sec. 301(c)(1), added pars.

(4) and (5). Former par. (4) redesignated (6).

Subsec. (d)(6). Pub. L. 98-21, Sec. 306(c), added par. (6) and

redesignated former par. (6) as (8).

Pub. L. 98-21, Sec. 301(c)(1), redesignated former par. (4) as

(6).

Subsec. (d)(7). Pub. L. 98-21, Sec. 306(c), added par. (7).

Subsec. (d)(8). Pub. L. 98-21, Sec. 306(c), redesignated former

par. (6) as (8).

Subsecs. (f)(3)(A), (g)(6)(A). Pub. L. 98-21, Sec. 309(j), (k),

inserted reference to subsec. (c) of section 402 of this title.

Subsec. (h)(3). Pub. L. 98-21, Sec. 333(a), substituted

"subparagraphs (A)(i) and (B)(i)" for "subparagraph (A)(i)" in

provisions following subpar. (C)(ii).

Subsec. (h)(3)(A)(i). Pub. L. 98-21, Sec. 201(c)(1)(D),

substituted "retirement age (as defined in subsection (l) of this

section)" for "age 65".

Subsec. (h)(3)(A)(i)(I). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(A)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted

"mother or" before "father".

Subsec. (h)(3)(A)(i)(III). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(A)(ii). Pub. L. 98-21, Sec. 303(a), (b), inserted

"mother or" before "father" and substituted "such applicant's

application for benefits was filed" for "such insured individual

became entitled to benefits or attained retirement age (as defined

in subsection (l) of this section), whichever first occurred".

Pub. L. 98-21, Sec. 201(c)(1)(D), substituted "retirement age (as

defined in subsection (l) of this section)" for "age 65".

Subsec. (h)(3)(B). Pub. L. 98-21, Sec. 303(d)(2), substituted "he

or she" for "he" in provisions preceding cl. (i).

Subsec. (h)(3)(B)(i)(I). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(B)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted

"mother or" before "father".

Subsec. (h)(3)(B)(i)(III). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(B)(ii). Pub. L. 98-21, Sec. 303(c), substituted

"such applicant's application for benefits was filed" for "such

period of disability began".

Pub. L. 98-21, Sec. 303(a), inserted "mother or" before "father".

Subsec. (h)(3)(C)(i)(I). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(C)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted

"mother or" before "father".

Subsec. (h)(3)(C)(i)(III). Pub. L. 98-21, Sec. 303(d)(1),

substituted "his or her" for "his".

Subsec. (h)(3)(C)(ii). Pub. L. 98-21, Sec. 303(a), inserted

"mother or" before "father".

Subsec. (i)(2)(B). Pub. L. 98-21, Sec. 201(c)(1)(D), as amended

by Pub. L. 98-369, Sec. 2662(c)(1), substituted "retirement age (as

defined in subsection (l) of this section)" for "the age of 65".

Subsec. (i)(2)(D). Pub. L. 98-21, Sec. 201(c)(1)(D), substituted

"retirement age (as defined in subsection (l) of this section)" for

"age 65".

Subsec. (i)(3)(B)(iii). Pub. L. 98-21, Sec. 332(a), added cl.

(iii).

Subsec. (l). Pub. L. 98-21, Sec. 201(a), added subsec. (l).

1981 - Subsec. (b). Pub. L. 97-35, Sec. 2203(b)(2), inserted

provisions that for purposes of cl. (2), a wife be deemed to have

been married to an individual for a period of one year throughout

the month in which occurs the first anniversary of her marriage to

such individual and for purposes of section 402(b)(1)(C) of this

title, a divorced wife be deemed not to be married throughout the

month in which she becomes divorced.

Subsec. (c). Pub. L. 97-35, Sec. 2202(a)(2)(A), inserted "the

first sentence of" before "section 402(i) of this title".

Subsec. (e). Pub. L. 97-35, Sec. 2203(d)(3), inserted provisions

that for purposes of cl. (2), a child be deemed to have been a

stepchild of an individual for a period of one year throughout the

month in which occurs the expiration of such one year and for

purposes of cl. (3), a person be deemed to have no natural or

adoptive parent living, other than a parent who is under a

disability, throughout the most recent month in which a natural or

adoptive parent, not under a disability, dies.

Subsec. (f). Pub. L. 97-35, Sec. 2203(c)(2), inserted provision

that for purposes of cl. (2), a husband be deemed to have been

married to an individual for a period of one year throughout the

month in which occurs the first anniversary of his marriage to her.

Subsec. (g). Pub. L. 97-35, Sec. 2202(a)(2)(B), inserted "the

first sentence of" before "section 402(i) of this title".

Subsec. (h)(3). Pub. L. 97-35, Sec. 2203(d)(4), as amended by

Pub. L. 98-369, Sec. 2663(a)(11)(A), inserted provision that for

purposes of subpar. (A)(i), an acknowledgement, court decree, or

court order be deemed to have occurred on the first day of the

month in which it actually occurred.

1980 - Subsec. (i)(1). Pub. L. 96-473 inserted reference to

section 423(d)(6) of this title.

Subsec. (i)(2)(D)(ii). Pub. L. 96-265, Sec. 303(b)(2)(B),

substituted "(ii) the month preceding (I) the termination month (as

defined in section 423(a)(1) of this title), or, if earlier (II)

the first month for which no benefit is payable by reason of

section 423(e) of this title, where no benefit is payable for any

of the succeeding months during the 15-month period referred to in

such section" for "(ii) the second month following the month in

which the disability ceases".

Subsec. (i)(2)(G). Pub. L. 96-265, Sec. 306(b), inserted

provisions placing limitations on the prospective effect of

applications.

1977 - Subsec. (d)(1), (2). Pub. L. 95-216 substituted "10" for

"20" wherever appearing.

1974 - Subsecs. (b), (c), (f), (g). Pub. L. 93-445 substituted

"section 231a of title 45" for "section 228e of title 45".

1972 - Subsec. (e). Pub. L. 92-603, Sec. 113(a), extended

definition of "child" to include grandchildren and

stepgrandchildren of an individual or his spouse.

Subsec. (i)(2)(A). Pub. L. 92-603, Sec. 116(d), substituted

"five" for "6".

Subsec. (i)(2)(B). Pub. L. 92-603, Sec. 118(b), provided for the

filing of an application for a disability determination after the

death of the insured individual.

Subsec. (i)(3). Pub. L. 92-603, Secs. 104(g), 117(a), struck out

"(if a woman) or age 65 (if a man)" after "attained age 62" in

subpar. (A), and substituted provisions eliminating the disability

insured status requirement of substantial recent covered work in

the case of individuals who are blind for provisions excepting the

provisions of subpar. (A) in the case of an individual with respect

to whom a period of disability would, but for such subpar., begin

before 1951 in the provisions following subpar. (B).

Subsec. (k). Pub. L. 92-603, Secs. 115(b), 145(a), designated

existing pars. (1) and (2) as subpars. (A) and (B) of par. (1),

added par. (2), in par. (1), as so redesignated, substituted

"unless the Secretary determines that at the time of the marriage

involved the individual could not have reasonably been expected to

live for nine months" for "and he would satisfy such requirement if

a three-month period were substituted for the nine-month period",

and in material following par. (2) substituted "except that

paragraph (2) of this subsection shall not apply" for "except that

this subsection shall not apply".

1968 - Subsec. (c)(5). Pub. L. 90-248, Sec. 156(a), substituted

"not less than nine months" for "not less than one year".

Subsec. (e). Pub. L. 90-248, Secs. 150(a), 156(b), inserted in

first sentence "not less than nine months immediately preceding"

before "the day on which such individual died", and added, in

second sentence, cl. (A) and incorporated existing provisions in

cl. (B).

Subsec. (g)(5). Pub. L. 90-248, Sec. 156(c), substituted "not

less than nine months" for "not less than one year".

Subsec. (i)(1). Pub. L. 90-248, Secs. 104(d)(2), 158(d), 172(a),

(b), inserted "402(e), 402(f)," after "402(d),", redefined

"blindness" to mean central visual acuity of 20/200 rather than

5/200 or less in the better eye and substituted provision deeming

an eye accompanied by a limitation in the fields of vision such

that the widest diameter of the visual field subtends an angle no

greater than 20 degrees as having a central visual acuity of 20/200

or less for former provision deeming an eye in which visual field

is reduced to five degrees or less concentric contraction as having

a central visual acuity of 5/200 or less, respectively, and deleted

former third sentence which provided that an individual was not

deemed under a disability unless he furnished proof as required and

added third sentence making section 423(d)(2)(A), (3), (4), and (5)

of this title applicable to determine if an individual is under a

disability.

Subsec. (i)(2)(E) to (G). Pub. L. 90-248, Sec. 111(a), inserted

introductory exception phrase, added subpar. (F), and redesignated

former subpar. (F) as (G).

Subsec. (i)(3)(B)(ii). Pub. L. 90-248, Sec. 105(a), struck out

"and he is under a disability by reason of blindness (as defined in

paragraph (1) of this subsection)" after "age 31".

Subsec. (k). Pub. L. 90-248, Sec. 156(d), added subsec. (k).

1965 - Subsec. (b). Pub. L. 89-97, Secs. 306(c)(13),

308(d)(2)(B), 334(a), inserted "(subject, however, to section

402(s) of this title)", included reference to subsec. (b) of

section 402 of this title, and added cl. (3)(C), respectively.

Subsec. (c). Pub. L. 89-97, Secs. 306(c)(13), 308(d)(2)(B),

334(b), inserted "(subject, however, to section 402(s) of this

title)", included reference to subsec. (b) of section 402 of this

title, and added cl. (6)(C), respectively.

Subsec. (d). Pub. L. 89-97, Sec. 308(c), added pars. (1), (2),

and (4), defining "divorced wife", "surviving divorced wife", and

"divorce" and "divorced", and incorporated definition of "former

wife divorced" in par. (3), inserting "who has died" after

"individual" and redesignating cls. (1) to (4) as (A) to (D),

respectively.

Subsec. (f). Pub. L. 89-97, Secs. 306(c)(13), 334(c), inserted

"(subject, however, to section 402(s) of this title)" and added cl.

(3)(C), respectively.

Subsec. (g). Pub. L. 89-97, Secs. 306(c)(13), 334(d), inserted

"(subject, however, to section 402(s) of this title)" and added cl.

(6)(C), respectively.

Subsec. (h). Pub. L. 89-97, Sec. 339(a), added par. (3).

Subsec. (i)(1)(A). Pub. L. 89-97, Sec. 303(a)(1), substituted "or

has lasted or can be expected to last for a continuous period of

not less than 12 months" for "or to be of long-continued and

indefinite duration".

Subsec. (i)(2). Pub. L. 89-97, Sec. 303(b)(1), struck out sixth

sentence providing that: "Any application for a disability

determination which is filed within such three months' period or

six months' period shall be deemed to have been filed on such first

day or in such first month, as the case may be."

Subsec. (i)(2)(A). Pub. L. 89-97, Sec. 303(b)(1), designated

first sentence as subpar. (A).

Subsec. (i)(2)(B). Pub. L. 89-97, Sec. 303(b)(1), designated

second sentence as subpar. (B), substituted therein "No period of

disability" for "No such disability", and struck out ", while under

such disability," after "unless such individual".

Subsec. (i)(2)(C). Pub. L. 89-97, Secs. 303(b)(1), 304(l),

designated third sentence as subpar. (C), struck out "(subject to

section 423(a)(3) of this title)" before "begin", and redesignated

cls. (A) and (B) thereof as (i) and (ii); and again struck out

"(subject to section 423(a)(3) of this title)" before "begin",

respectively.

Subsec. (i)(2)(D). Pub. L. 89-97, Sec. 303(b)(1), designated

fourth sentence as subpar. (D), substituted "the close of whichever

of the following months is the earlier: (i) the month preceding the

month in which the individual attains age 65, or (ii) the second

month following the month in which the disability ceases" for "the

close of the last day of the month preceding which of the following

months is the earlier: the month in which the individual attains

age sixty-five or the third month following the month in which the

disability ceases".

Subsec. (i)(2)(E). Pub. L. 89-97, Sec. 303(b)(1), designated

fifth sentence as subpar. (E), substituted "12 months" for "three

months" and "after the month prescribed by subparagraph (D) as the

month in which the period of disability ends (determined without

regard to subparagraph (B) and this subparagraph)" for "before the

first day on which a period of disability can begin (as determined

under this paragraph), or, in any case in which clause (ii) of

section 423(a)(1) of this title is applicable, more than six months

before the first month for which such applicant becomes entitled to

benefits under section 423 of this title,", and struck out ", and

no such application which is filed prior to January 1, 1955, shall

be accepted" after "for purposes of this paragraph".

Subsec. (i)(2)(F). Pub. L. 89-97, Sec. 328(b), added subpar. (F).

Subsec. (i)(3). Pub. L. 89-97, Secs. 303(b)(2), 344(a),

substituted "clauses (i) and (ii) of paragraph (2)(C)" for "clauses

(A) and (B) of paragraph (2)", removed from existing subpar. (B)

provision prohibiting the inclusion, as part of such 40-quarter

period, of any quarter any part of which was included in a prior

period of disability unless such quarter was a quarter of coverage,

and designated such subpar., as so amended, as subpar. (B)(i),

added subpar. (B)(ii), and, in the material following subpar.

(B)(ii), inserted provision prohibiting inclusion of any quarter as

part of any period if any part of such quarter was included in a

prior period of disability unless such quarter was a quarter of

coverage and calling for reduction by one of the number of quarters

in any period whenever such number of quarters is an odd number,

respectively.

1964 - Subsec. (i)(2). Pub. L. 88-650, Sec. 1(a), struck out

provisions which directed that a period of disability shall begin

if the individual satisfies the requirements of par. (3) of this

subsection on such day, on the first day of the eighteen-month

period which ends with the day before the day on which the

individual files such application.

Subsec. (i)(3). Pub. L. 88-650, Sec. 1(b), substituted "paragraph

(2) of this subsection" for "paragraphs (2) and (4) of this

subsection".

Subsec. (i)(4). Pub. L. 88-650, Sec. 1(c), repealed par. (4)

which related to the beginning of the period of disability for

individuals who filed an application for a disability determination

after Dec. 1954, and before July 1962, with respect to a disability

which began before January 1961.

1961 - Subsec. (a). Pub. L. 87-64, Sec. 102(c)(1), repealed

subsec. (a) which defined retirement age.

Subsecs. (b), (c), (f), (g). Pub. L. 87-64, Sec. 102(c)(2)(B),

substituted "attainment of age 62" for "attainment of retirement

age".

Subsec. (i)(2). Pub. L. 87-64, Sec. 102(b)(2)(D), substituted "a

period of disability shall (subject to section 423(a)(3) of this

title) begin" for "a period of disability shall begin" in third

sentence.

Subsec. (i)(3)(A). Pub. L. 87-64, Sec. 102(c)(3)(C), substituted

"attainment age 62 (if a woman) or age 65 (if a man)" for "attained

retirement age".

Subsec. (i)(4). Pub. L. 87-64, Sec. 105, substituted "July 1962"

for "July 1961", and "January 1961" for "July 1960".

1960 - Subsec. (b). Pub. L. 86-778, Sec. 207(a), substituted "one

year" for "three years".

Subsec. (e). Pub. L. 86-778, Secs. 207(b), 208(c), in first

sentence, reduced the period for eligibility of a stepchild of a

living individual from three years immediately preceding the day on

which application for child's benefits is filed to one year

immediately preceding the day on which application for child's

benefits is filed, and inserted the last sentence requiring, for

purposes of clause (2), that a person who is not the stepchild of

an individual shall be deemed the stepchild of such individual if

such individual was not the mother or adopting mother or the father

or adopting father of such person and such individual and the

mother or adopting mother, or the father or adopting father, as the

case may be, of such person went through a marriage ceremony

resulting in a purported marriage between them which, but for a

legal impediment described in last sentence of subsec. (h)(1)(B) of

this section, would have been a valid marriage.

Subsec. (f). Pub. L. 86-778, Sec. 207(c), substituted "one year"

for "three years".

Subsec. (h)(1). Pub. L. 86-778, Sec. 208(a), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (h)(2). Pub. L. 86-778, Sec. 208(b), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (i)(2). Pub. L. 86-778, Secs. 402(e), 403(c), redefined

"period of disability" to include a period of less than six full

calendar months' duration if the individual was entitled to

benefits under section 423 of this title for one or more months in

such period, prohibited acceptance of an application, in any case

in which clause (ii) of section 423(a) of this title is applicable,

filed more than six months before the first month for which the

applicant becomes entitled to benefits under section 423 of this

title, substituted provisions requiring a period of disability to

end with the close of the last day of the month preceding whichever

of the following months is the earlier: the month in which the

individual attains age 65 or the third month following the month in

which the disability ceases, for provisions which required a period

of disability to end with the close of the last day of the first

month in which either the disability ceases or the individual

attains the age of 65, and inserted sentence providing that any

application for a disability determination which is filed within

such three months' period or six months' period shall be deemed to

have been filed on such first day or in such first month, as the

case may be.

Subsec. (j). Pub. L. 86-778, Sec. 703, added subsec. (j).

1958 - Subsec. (b). Pub. L. 85-840, Sec. 301(d), included within

definition of "wife" a woman who, in the month prior to the month

of her marriage, was entitled to, or on application therefor and

attainment of retirement age in such prior month would have been

entitled to, benefits under subsection (e) or (h) of section 402 of

this title, or had attained age eighteen and was entitled to, or on

application therefor would have been entitled to, benefits under

subsection (d) of section 402 of this title.

Subsec. (c). Pub. L. 85-840, Sec. 301(b)(2) included within

definition of "widow" a woman whose husband had legally adopted her

son or daughter while she was married to him and while such son or

daughter was under the age of eighteen, and a woman who, in the

month prior to the month of her marriage, was entitled to, or on

application therefor and attainment of retirement age in such prior

month would have been entitled to, benefits under subsection (e) or

(h) of section 402 of this title, or had attained age eighteen and

was entitled to, or on application therefor would have been

entitled to, benefits under subsection (d) of section 402 of this

title.

Subsec. (d). Pub. L. 85-840, Sec. 301(e), included within

definition of "former wife divorced" a woman whose husband legally

adopted her son or daughter while she was married to him and while

such son or daughter was under the age of eighteen.

Subsec. (e). Pub. L. 85-840, Sec. 302(a), struck out requirement

that an adopted child of a living individual must have been adopted

for not less than three years immediately preceding the day on

which application for child's benefits is filed, and inserted

provisions requiring a child to be deemed, as of the date of death

of an individual, to be the legally adopted child of such

individual if the child was living in the decedent's household at

the time of his death and was legally adopted by the surviving

spouse after the individual's death but before the end of two years

after the day on which the individual died or Aug. 28, 1958, and

the child was not receiving regular contributions toward his

support from someone other than the individual or his spouse, or

from any public or private welfare organization.

Subsec. (f). Pub. L. 85-840, Sec. 301(a)(2), included within

definition of "husband" a person who in the month prior to the

month of his marriage was entitled to, or on application therefor

and attainment of retirement age in such prior month would have

been entitled to, benefits under subsection (f) or (h) of section

402 of this title, or who had attained age eighteen and was

entitled to, or on application therefor would have been entitled to

benefits under subsection (d) of section 402 of this title.

Subsec. (g). Pub. L. 85-840, Sec. 301(c)(2), included within

definition of "widower" a person whose wife had legally adopted his

son or daughter while he was married to her and while such son or

daughter was under the age of eighteen, and a person who, in the

month before the month of his marriage, was entitled to, or on

application therefor and attainment of retirement age in such prior

month would have been entitled to, benefits under subsection (f) or

(h) of section 402 of this title, or had attained age eighteen and

was entitled to, or on application therefor would have been

entitled to, benefits under subsection (d) of section 402 of this

title.

Subsec. (h)(3). Pub. L. 85-840, Sec. 305(b), repealed par. (3)

which defined "living with" for purposes of section 402(i) of this

title.

Subsec. (i)(2). Pub. L. 85-840, Sec. 201, substituted "while

under such disability" for "while under a disability" in opening

provisions, and "eighteen-month period" for "one-year period" in

cl. (A)(ii).

Subsec. (i)(3). Pub. L. 85-840, Sec. 204(a), struck out

provisions that required, for a period of disability to begin with

respect to any quarter, an individual to have not less than six

quarters of coverage during the thirteen-quarter period which ends

with such quarter, and inserted provisions requiring an individual

to be fully insured.

Subsec. (i)(4). Pub. L. 85-840, Sec. 203, substituted "July 1961"

for "July 1958" and "July 1960" for "July 1957", and struck out

provisions which required the applicant to be alive on July 1,

1955.

1957 - Subsec. (h). Pub. L. 85-238 amended subsec. (h) generally

to provide that the applicant is the wife, husband, widow, or

widower if there is a finding that the applicant and the insured

individual were validly married at the time the application for

benefits is filed, or at the time the insured individual died, and

to eliminate provisions which prescribed certain conditions under

which a wife or husband would be deemed to have been living with

his or her spouse, and which related to determination of status of

parent.

Subsec. (i)(4). Pub. L. 85-109, substituted "July 1958" for "July

1957" and "July 1957" for "July 1956".

1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 102(a), reduced the

retirement age in the case of a woman from age sixty-five to age

sixty-two.

Subsec. (i)(1). Act Aug. 1, 1956, Sec. 103(c)(6), inserted

"Except for purposes of sections 402(d), 423, and 425 of this

title".

Subsec. (i)(2). Act Aug. 1, 1956, Sec. 102(d)(12), substituted

"the age of sixty-five" for "retirement age" in two places.

1954 - Subsec. (i). Act Sept. 1, 1954, Sec. 106(d), added subsec.

(i). Former subsec. (i), which was added by act July 18, 1952, Sec.

3(d), ceased to be in effect at the close of June 30, 1953. See

Effective and Termination Date of 1952 Amendment note set out under

section 413 of this title.

1952 - Subsec. (i). Act July 18, 1952, added subsec. (i).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5103(b)(1) of Pub. L. 101-508 applicable

with respect to monthly insurance benefits for months after

December 1990 for which applications are filed on or after Jan. 1,

1991, or are pending on such date, see section 5103(e) of Pub. L.

101-508, set out as a note under section 402 of this title.

Section 5104(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to benefits payable for months after December 1990, but

only on the basis of applications filed after December 31, 1990."

Amendment by section 5119(a), (b) of Pub. L. 101-508 applicable

with respect to benefits for months after December 1990, and

applicable only with respect to benefits for which application is

filed with Secretary of Health and Human Services after Dec. 31,

1990, with exception from application requirement, see section

5119(e) of Pub. L. 101-508, set out as a note under section 403 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-203 effective Jan. 1, 1988, and

applicable with respect to individuals entitled to benefits under

specific provisions of sections 402 and 423 of this title for any

month after December 1987, and individuals entitled to benefits

payable under specific provisions of sections 402 and 423 of this

title for any month before January 1988 and with respect to whom

the 15-month period described in the applicable provision amended

by section 9010 of Pub. L. 100-203 has not elapsed as of Jan. 1,

1988, see section 9010(f) of Pub. L. 100-203, set out as a note

under section 402 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by section 2(b) of Pub. L. 98-460 applicable to

determinations made by the Secretary on or after Oct. 9, 1984, with

certain enumerated exceptions and qualifications, see section 2(d)

of Pub. L. 98-460, set out as a note under section 423 of this

title.

Amendment by section 4(a)(2) of Pub. L. 98-460 applicable with

respect to determinations made on or after the first day of the

first month beginning after 30 days after Oct. 9, 1984, see section

4(c) of Pub. L. 98-460, set out as a note under section 423 of this

title.

Amendment by section 2661(l) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(11) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by sections 301(c), 303, 304(c), 306(c), and 309(j),

(k) of Pub. L. 98-21 applicable only with respect to monthly

payments payable under this subchapter for months after April 1983,

see section 310 of Pub. L. 98-21, set out as a note under section

402 of this title.

Section 332(c) of Pub. L. 98-21 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] shall be effective with respect to applications for

disability insurance benefits under section 223 of the Social

Security Act [section 423 of this title], and for disability

determinations under section 216(i) of such Act [subsec. (i) of

this section], filed after the date of the enactment of this Act

[Apr. 20, 1983], except that no monthly benefits under title II of

the Social Security Act [this subchapter] shall be payable or

increased by reason of the amendments made by this section for

months before the month following the month of enactment of this

Act."

Section 333(b) of Pub. L. 98-21 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

on the date of the enactment of this Act [Apr. 20, 1983]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 2202(a)(2) of Pub. L. 97-35 applicable only

with respect to deaths occurring after August 1981, see section

2202(b) of Pub. L. 97-35, set out as a note under section 402 of

this title.

Amendment by section 2203(b)(2), (c)(2) of Pub. L. 97-35

applicable only to monthly insurance benefits payable to

individuals who attain age 62 after August 1981, and amendment by

section 2203(d)(3), (4) of Pub. L. 97-35 applicable to monthly

insurance benefits for months after August 1981, and only in the

case of individuals who were not entitled to such insurance

benefits for August 1981 or any preceding month, see section

2203(f)(1), (2) of Pub. L. 97-35, set out as a note under section

402 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-473 effective with respect to benefits

payable for months beginning on or after Oct. 1, 1980, see section

5(d) of Pub. L. 96-473, set out as a note under section 402 of this

title.

Amendment by section 303(b)(2)(B) of Pub. L. 96-265 effective on

first day of sixth month which begins after June 9, 1980, to apply

with respect to any individual whose disability has not been

determined to have ceased prior to such first day, see section

303(d) of Pub. L. 96-265, set out as a note under section 402 of

this title.

Amendment by section 306(b) of Pub. L. 96-265 applicable to

applications filed after June 1980, see section 306(d) of Pub. L.

96-265, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 effective with respect to monthly

benefits after Dec., 1978, and applications filed on or after Jan.

1, 1979, see section 337(c) of Pub. L. 95-216, set out as a note

under section 402 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by section 104(g) of Pub. L. 92-603 applicable only in

the case of a man who attains (or would attain) age 62 after

December 1974, with the figure "65" in subsec. (i)(3)(A) of this

section to be deemed to read "64" in the case of a man who attains

age 62 in 1973, and deemed to read "63" in the case of a man who

attains age 62 in 1974, see section 104(j) of Pub. L. 92-603, set

out as a note under section 414 of this title.

Amendment by section 113(a) of Pub. L. 92-603 applicable with

respect to monthly benefits payable under this subchapter for

months after December 1972, but only on the basis of applications

filed on or after October 30, 1972, see section 113(c) of Pub. L.

92-603, set out as a note under section 402 of this title.

Section 115(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to benefits payable under title II of the Social Security

Act [this subchapter] for months after December 1972 on the basis

of applications filed in or after the month in which this Act is

enacted [October 1972]."

Amendment by section 116(d) of Pub. L. 92-603 effective with

respect to applications for disability determinations under subsec.

(i) of this section filed on or after October 1972 or before

October 1972 under specified conditions, see section 116(e) of Pub.

L. 92-603, set out as a note under section 423 of this title.

Amendment by section 117(a) of Pub. L. 92-603 effective with

respect to applications for disability determinations under subsec.

(i) of this section filed in or after October 1972 or before

October 1972 under specified conditions, see section 117(c) of Pub.

L. 92-603, set out as a note under section 423 of this title.

Section 118(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] shall apply in the case of deaths occurring after December

31, 1969. For purposes of such amendments (and for purposes of

sections 202(j)(1) and 223(b) of the Social Security Act [sections

402(j)(1) and 423(b) of this title], any application with respect

to an individual whose death occurred after December 31, 1969, but

before the date of the enactment of this Act [Oct. 30, 1972] which

is filed in, or within 3 months after the month in which this Act

is enacted [October 1972] shall be deemed to have been filed in the

month in which such death occurred."

Section 145(b) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to benefits payable under title II of the Social Security

Act [this subchapter] for months after December 1972 on the basis

of applications filed in or after the month in which this Act is

enacted [October 1972]."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 104 of Pub. L. 90-248 applicable with

respect to monthly benefits under this subchapter for and after the

month of February 1968, but only on the basis of applications for

such benefits filed in or after January 1968, see section 104(e) of

Pub. L. 90-248, set out as a note under section 402 of this title.

Section 105(c) of Pub. L. 90-248 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to applications for disability determinations filed

under section 216(i) of the Social Security Act [subsec. (i) of

this section] in or after the month in which this Act is enacted

[January 1968]. The amendments made by subsection (b) [amending

section 423 of this title] shall apply with respect to monthly

benefits under title II of such Act [this subchapter] for months

after January 1968, but only on the basis of applications for such

benefits filed in or after the month in which this Act is enacted."

Section 111(b) of Pub. L. 90-248 provided that: "No monthly

insurance benefits under title II of the Social Security Act [this

subchapter] shall be payable or increased for any month before the

month in which this Act is enacted [January 1968] by reason of

amendments made by subsection (a) [amending this section]."

Section 150(b) of Pub. L. 90-248 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] for months after January 1968, but

only on the basis of an application filed in or after the month in

which this Act is enacted [January 1968]."

Section 156(e) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months after January 1968, but only on

the basis of applications filed in or after the month in which this

Act is enacted [January 1968]."

Amendment by section 158(d) of Pub. L. 90-248 applicable with

respect to applications for disability insurance benefits under

section 423 of this title and to disability determinations under

subsec. (i) of this section, see section 158(e) of Pub. L. 90-248,

set out as a note under section 423 of this title.

Section 172(c) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to benefits under section 223 of the Social Security

Act [section 423 of this title] for months after January 1968 based

on applications filed after the date of enactment of this Act [Jan.

2, 1968] and with respect to disability determinations under

section 216(i) of the Social Security Act [subsec. (i) of this

section] based on applications filed after the date of enactment of

this Act."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 308(c), (d)(2)(B) of Pub. L. 89-97

applicable with respect to monthly insurance benefits under this

subchapter beginning with the second month following July 1965,

but, in the case of an individual who was not entitled to a monthly

insurance benefit under section 402 of this title for the first

month following July 1965, only on the basis of an application

filed in or after July 1965, see section 308(e) of Pub. L. 89-97,

set out as a note under section 402 of this title.

Amendment by section 334(a)-(d) of Pub. L. 89-97 applicable only

with respect to monthly insurance benefits under section 401 et

seq. of this title beginning with September 1965 but only on the

basis of applications filed in or after July 1965, see section

334(g) of Pub. L. 89-97, set out as a note under section 402 of

this title.

Section 339(c) of Pub. L. 89-97 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

402 of this title] shall be applicable with respect to monthly

insurance benefits under title II of the Social Security Act [this

subchapter] beginning with the second month following the month in

which this Act is enacted [July 1965] but only on the basis of an

application filed in or after the month in which this Act is

enacted."

Amendment by section 303(a)(1), (b)(1), (2) of Pub. L. 89-97

effective with respect to applications for disability insurance

benefits under section 423 of this title, and for disability

determinations under subsec. (i) of this section, filed in or after

July 1965 or before July 1965, if the applicant has not died before

such month, and notice of final administrative decision has not

been given to the applicant before such month, except that monthly

insurance benefits under this subchapter shall not be payable or

increased by reason of amendments to subsecs. (i)(1)(A), (2), (3)

of this section for months before the second month following July

1965, see section 303(f)(1) of Pub. L. 89-97, set out as a note

under section 423 of this title.

Amendment by section 304(l) of Pub. L. 89-97 applicable with

respect to monthly insurance benefits under this subchapter for and

after the second month following July 1965 but only on the basis of

applications filed in or after July 1965, see section 304(o) of

Pub. L. 89-97, set out as a note under section 402 of this title.

Section 328(d) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and sections 402 and

423 of this title] shall apply with respect to (1) applications

filed on or after the date of enactment of this Act [July 30,

1965], (2) applications as to which the Secretary has not made a

final decision before the date of enactment of this Act, and (3) if

a civil action with respect to final decision by the Secretary has

been commenced under section 205(g) of the Social Security Act

[section 405(g) of this title] before the date of enactment of this

Act, applications as to which there has been no final judicial

decision before the date of enactment of this Act."

Section 344(e) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] shall apply only with respect to monthly benefits under

title II of the Social Security Act [this subchapter] for months

after the first month following the month in which this Act is

enacted [July 1965], on the basis of applications for such benefits

filed in or after the month in which this Act is enacted."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 326(b) of Pub. L. 98-21 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

on the date of the enactment of this Act [Apr. 20, 1983]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 applicable with respect to benefits

for months after December 1981, with certain exceptions, see

section 2(j)(2)-(4) of Pub. L. 97-123, set out as a note under

section 415 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 410, 411, 415 of

this title; title 8 section 1611; title 26 sections 1401, 1402,

3101, 3111, 3121.

-End-