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 1964 AMENDMENT

Section 1(d) of Pub. L. 88-650 provided that:

"(1) The amendments made by subsections (a), (b), and (c)

[amending this section] shall apply in the case of applications for

disability determinations under section 216(i) of the Social

Security Act [subsec. (i) of this section] filed after the month

following the month in which this Act is enacted [October 1964].

"(2) Except as provided in the succeeding paragraphs, such

amendments shall also apply, and as though such amendments had been

enacted on July 1, 1962, in the case of applications for disability

determinations filed under section 216(i) of the Social Security

Act [subsec. (i) of this section] during the period beginning July

1, 1962, and ending with the close of the month following the month

in which this Act is enacted [October 1964], by an individual who -

"(A) has been under a disability (as defined in such section

216(i)) continuously since he filed such application and up to

(i) the first day of the second month following the month in

which this Act is enacted or (ii) if earlier, the first day of

the month in which he attained the age of 65, and

"(B) is living on the day specified in subparagraph (A)(i).

"(3) In the case of an individual to whom paragraph (2) applies

and who filed an application for disability insurance benefits

under section 223 of the Social Security Act [section 423 of this

title] during the period specified in such paragraph -

"(A) if such individual was under a disability (as defined in

section 223(c) of such Act) throughout such period and was not

entitled to disability insurance benefits under such section 223

for any month in such period (except for the amendments made by

this section), such application and any application filed during

such period for benefits under section 202 of the Social Security

Act [section 402 of this title] on the basis of the wages and

self-employment income of such individual shall, notwithstanding

section 202(j)(2) and the first sentence of section 223(b), be

deemed an effective application, or

"(B) if such individual was entitled (without the application

of this section) to disability insurance benefits under section

223 [section 423 of this title] for a continuous period of months

immediately preceding -

"(i) the second month following the month in which this Act

was enacted [October 1964], or

"(ii) if earlier, the month in which he became entitled to

benefits under section 202(a) [section 402(a) of this title],

his primary insurance amount shall be recomputed, but only if

such amount would be increased solely by reason of the enactment

of this section.

"(4) No monthly insurance benefits, and no increase in monthly

insurance benefits, may be paid under title II of the Social

Security Act [this subchapter] by reason of the enactment of this

section for any month before the eleventh month before the month in

which this Act is enacted [October 1964].

"(5) In the case of an individual (A) who is entitled under

section 202 of the Social Security Act [section 402 of this title]

(but without the application of subsection (j)(1) of such section)

to a widow's, widower's, or parent's insurance benefit, or to an

old-age, wife's or husband's insurance benefit which is reduced

under section 202(q) of such Act, for any month in the period

referred to in paragraph (2) of this subsection, (B) who was under

a disability (as defined in section 223(c) of the Social Security

Act [section 423(c) of this title]) which began prior to the sixth

month before the first month for which the benefits referred to in

clause (A) are payable and which continued through the month

following the month in which this Act is enacted [October 1964],

and (C) who files an application for disability insurance benefits

under section 223(a)(1) of the Social Security Act -

"(i) subsection (a)(3) of section 223 of the Social Security

Act shall not prevent him from being entitled to such disability

insurance benefits;

"(ii) the provisions of subsection (a)(1) of such section 223

terminating entitlement to disability insurance benefits by

reason of entitlement to old-age insurance benefits shall not

apply with respect to him unless and until he again becomes

entitled to such old-age insurance benefits under the provisions

of section 202 of such Act;

"(iii) such individual shall, for any month for which he is

thereby entitled to both old-age insurance benefits and

disability insurance benefits, be entitled only to such

disability insurance benefits; and

"(iv) in case the benefits reduced under subsection (q) of

section 202 of such Act are old-age insurance benefits (I) such

old-age insurance benefits for the months in the period referred

to in paragraph (2) of this subsection shall not be recomputed

solely by reason of the enactment of this section, and, if

otherwise recomputed, the provisions of and amendments made by

this section shall not apply to such recomputation; and (II) the

months for which he received such old-age insurance benefits

before or during the period for which he becomes entitled, by

reason of such enactment, to disability insurance benefits under

such section 223 and the months for which he received such

disability insurance benefits shall be excluded from the

'reduction period' and the 'adjusted reduction period', as

defined in paragraphs (5) and (6), respectively, of such

subsection (q) for purposes of determining the amount of the

old-age insurance benefits to which he may subsequently become

entitled.

"(6) The entitlement of any individual to benefits under section

202 of the Social Security Act [section 402 of this title] shall

not be terminated solely by reason of the enactment of this

section, except where such individual is entitled to benefits under

section 202(a) or 223 of such Act [section 402(a) or 423 of this

title] in an amount which (but for this subsection) would have

required termination of such benefits under such section 202."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by section 102(b)(2)(D) of Pub. L. 87-64 effective Aug.

1, 1961, and amendment by section 102(c)(1), (2)(B), (3)(C) of 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)(4), (6) and 109 of Pub. L. 87-64, set out

as notes under section 402 of this title.

Section 105 of Pub. L. 87-64 provided that the amendment made by

that section is effective with respect to applications for

disability determinations filed on or after July 1, 1961.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 207(d) of Pub. L. 86-778 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to monthly benefits under section 202 of the Social

Security Act [section 402 of this title] for months beginning with

the month in which this Act is enacted [September 1960], on the

basis of applications filed in or after such month."

Section 208(f) of Pub. L. 86-778 provided that: "The amendments

made by the preceding provisions of this section [amending this

section and section 402 of this title] shall be applicable (1) with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months beginning with the month in which

this Act is enacted [September 1960] on the basis of an application

filed in or after such month, and (2) in the case of a lump-sum

death payment under such title based on an application filed in or

after such month, but only if no person, other than the person

filing such application, has filed an application for a lump-sum

death payment under such title prior to the date of the enactment

of this Act [Sept. 13, 1960] with respect to the death of the same

individual."

Amendment by section 402(e) of Pub. L. 86-778 applicable only in

the case of individuals who become entitled to benefits under

section 423 of this title in or after September 1960, see section

402(f) of Pub. L. 86-778, set out as a note under section 423 of

this title.

Amendment by section 403(c) of Pub. L. 86-778 applicable only in

the case of individuals who have a period of disability (as defined

in subsec. (i) of this section) beginning on or after Sept. 13,

1960, or beginning before Sept. 13, 1960 and continuing, without

regard to such amendment, beyond the end of September 1960, see

section 403(e) of Pub. L. 86-778, set out as a note under section

422 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 207(a) of Pub. L. 85-840 provided that: "The amendments

made by section 201 [amending this section] shall apply with

respect to applications for a disability determination under

section 216(i) of the Social Security Act [subsec. (i) of this

section] filed after June 1961. The amendments made by section 202

[amending section 423 of this title] shall apply with respect to

applications for disability insurance benefits under section 223 of

such Act filed after December 1957. The amendments made by section

203 [amending this section] shall apply with respect to

applications for a disability determination under such section

216(i) filed after June 1958. The amendments made by section 204

[amending this section and section 423 of this title] shall apply

with respect to (1) applications for disability insurance benefits

under such section 223 or for a disability determination under such

section 216(i) filed on or after the date of enactment of this Act

[Aug. 28, 1958], and (2) applications for such benefits or for such

a determination filed after 1957 and prior to such date of

enactment if the applicant has not died prior to such date of

enactment and if notice to the applicant of the Secretary's

decision with respect thereto has not been given to him on or prior

to such date, except that (A) no benefits under title II of the

Social Security Act [this subchapter] for the month in which this

Act is enacted [August 1958] or any prior month shall be payable or

increased by reason of the amendments made by section 204 of this

Act, and (B) the provisions of section 215(f)(1) of the Social

Security Act [section 415(f)(1) of this title] shall not prevent

recomputation of monthly benefits under section 202 of such Act

[section 402 of this title] (but no such recomputation shall be

regarded as a recomputation for purposes of section 215(f) of such

Act). The amendments made by section 205 (other than by subsections

(k) and (m)) [amending sections 401, 402, 403, 414, 422, and 425 of

this title] shall apply with respect to monthly benefits under

title II of the Social Security Act [this subchapter] for months

after the month in which this Act is enacted, but only if an

application for such benefits is filed on or after the date of

enactment of this Act. The amendments made by section 206

[repealing section 424 of this title] and by subsections (k) and

(m) of section 205 [amending sections 403 and 415 of this title]

shall apply with respect to monthly benefits under title II of the

Social Security Act [this subchapter] for the month in which this

Act is enacted and succeeding months."

Amendment by section 301(a)(2), (b)(2), (c)(2), (d), (e) of Pub.

L. 85-840 applicable with respect to monthly benefits under section

402 of this title for months beginning after Aug. 28, 1958, but

only if an application for such benefits is filed on or after such

date, see section 301(f) of Pub. L. 85-840, set out as a note under

section 402 of this title.

Section 302(b) of Pub. L. 85-840 provided that: "The amendment

made by this section [amending this section] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [section 402 of this title] for months beginning after

the date of enactment of this Act [Aug. 28, 1958], but only if an

application for such benefits is filed on or after such date."

Amendment by section 305(b) of Pub. L. 85-840 applicable in the

case of lump-sum death payments under section 402(i) of this title

on the basis of the wages and self-employment income of any

individual who dies after August 1958, see section 305(c) of Pub.

L. 85-840, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment by Pub. L. 85-238 applicable to monthly benefits under

section 402 of this title for months after August 1957, but not to

operate to deprive any such parent of benefits to which he would

otherwise be entitled under section 402(h) of this title, see

section 3(i) of Pub. L. 85-238, set out as a note under section 402

of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 102(b) of act Aug. 1, 1956, provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall apply in the case of benefits under subsection (e) of section

202 of the Social Security Act [section 402(e) of this title] for

months after October 1956, but only, except in the case of an

individual who was entitled to wife's or mother's insurance

benefits under such section 202 for October 1956, or any month

thereafter, on the basis of applications filed after the date of

enactment of this Act [Aug. 1, 1956]. The amendment made by

subsection (a) shall apply in the case of benefits under subsection

(h) of such section 202 for months after October 1956 on the basis

of applications filed after the date of enactment of this Act.

"(2) Except as provided in paragraphs (1) and (4), the amendment

made by subsection (a) shall apply in the case of lump-sum death

payments under section 202(i) of the Social Security Act with

respect to deaths after October 1956, and in the case of monthly

benefits under title II of such Act [this subchapter] for months

after October 1956 on the basis of applications filed after the

date of enactment of this Act.

"(3) For purposes of section 215(b)(3)(B) of the Social Security

Act [section 415(b)(3)(B) of this title] (but subject to paragraphs

(1) and (2) of this subsection) -

"(A) a woman who attains the age of sixty-two prior to November

1956 and who was not eligible for old-age insurance benefits

under section 202 of such Act (as in effect prior to the

enactment of this Act) for any month prior to November 1956 shall

be deemed to have attained the age of sixty-two in 1956 or, if

earlier, the year in which she died;

"(B) a woman shall not, by reason of the amendment made by

subsection (a), be deemed to be a fully insured individual before

November 1956 or the month in which she died, whichever month is

the earlier; and

"(C) the amendment made by subsection (a) shall not be

applicable in the case of any woman who was eligible for old-age

insurance benefits under such section 202 for any month prior to

November 1956.

A woman shall, for purposes of this paragraph, be deemed eligible

for old-age insurance benefits under section 202 of the Social

Security Act for any month if she was or would have been, upon

filing application therefor in such month, entitled to such

benefits for such month.

"(4) For purposes of section 209(i) of such Act [section 409(i)

of this title], the amendment made by subsection (a) shall apply

only with respect to remuneration paid after October 1956."

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by section 106(d) 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.

EFFECTIVE DATE

Section applicable (1) in 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, see section 104(b) of act

Aug. 28, 1950, set out as an Effective Date of 1950 Amendment note

under section 409 of this title.

RETROACTIVE BENEFITS

For provisions relating to entitlement to retroactive benefits

under section 2 of Pub. L. 98-460 (which amended subsec. (i)(2)(D)

of this section), see section 2(f) of Pub. L. 98-460, set out as a

note under section 423 of this title.

PROMULGATION OF REGULATIONS

For provisions requiring the Secretary of Health and Human

Services to prescribe regulations necessary to implement amendment

to subsec. (i)(2)(D) of this section by section 2(b) of Pub. L.

98-460 not later than 180 days after Oct. 9, 1984, see section 2(g)

of Pub. L. 98-460, set out as a note under section 423 of this

title.

STUDY OF EFFECT OF RAISING RETIREMENT AGE ON THOSE UNLIKELY TO

BENEFIT FROM IMPROVEMENTS IN LONGEVITY

Section 201(d) of Pub. L. 98-21 required the Secretary to conduct

a comprehensive study and analysis of the implications of the

changes made by this section (amending sections 402, 403, 415, 416,

and 423 of this title) in retirement age in the case of certain

individuals and submit to Congress no later than January 1, 1986, a

full report on the study and analysis, including any

recommendations for legislative changes.

SPECIAL INSURED STATUS TEST IN CERTAIN CASES FOR DISABILITY

PURPOSES

Section 404 of Pub. L. 86-778 provided that:

"(a) In the case of any individual who does not meet the

requirements of section 216(i)(3) of the Social Security Act

[subsec. (i)(3) of this section] with respect to any quarter, or

who is not insured for disability insurance benefits as determined

under section 223(c)(1) of such Act [section 423(c)(1) of this

title] with respect to any month in a quarter, such individual

shall be deemed to have met such requirements with respect to such

quarter or to be so insured with respect to such month of such

quarter, as the case may be, if -

"(1) he had a total of not less than twenty quarters of

coverage (as defined in section 213 of such Act [section 413 of

this title]) during the period ending with the close of such

quarter, and

"(2) all of the quarters elapsing after 1950 and up to but

excluding such quarter were quarters of coverage with respect to

him and there were not fewer than six such quarters of coverage.

"(b) Subsection (a) shall apply only in the case of applications

for disability insurance benefits under section 223 of the Social

Security Act, or for disability determinations under section 216(i)

of such Act, filed in or after the month in which this Act is

enacted [September 1960], and then only with respect to an

individual who, but for such subsection (a), would not meet the

requirements for a period of disability under section 216(i) with

respect to the quarter in which this Act is enacted or any prior

quarter and would not meet the requirements for benefits under

section 223 with respect to the month in which this Act is enacted

or any prior month. No benefits under title II of the Social

Security Act [this subchapter] for the month in which this Act is

enacted or any prior month shall be payable or increased by reason

of the amendment made by such subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 403, 413, 414, 415,

417, 421, 422, 423, 428, 429, 431, 1382c, 1395i-2a, 1395ff, 1395ii,

1437j of this title; title 5 section 8311; title 26 section 415;

title 30 section 902; title 45 sections 231a, 231b, 231c, 231d,

231e, 231q.

-End-

-CITE-

42 USC Sec. 417 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. 417. Benefits for veterans

-STATUTE-

(a) Determination of benefits

(1) For purposes of determining entitlement to and the amount of

any monthly benefit for any month after August 1950, or entitlement

to and the amount of any lump-sum death payment in case of a death

after such month, payable under this subchapter on the basis of the

wages and self-employment income of any World War II veteran, and

for purposes of section 416(i)(3) of this title, such veteran shall

be deemed to have been paid wages (in addition to the wages, if

any, actually paid to him) of $160 in each month during any part of

which he served in the active military or naval service of the

United States during World War II. This subsection shall not be

applicable in the case of any monthly benefit or lump-sum death

payment if -

(A) a larger such benefit or payment, as the case may be, would

be payable without its application; or

(B) a benefit (other than a benefit payable in a lump sum

unless it is a commutation of, or a substitute for, periodic

payments) which is based, in whole or in part, upon the active

military or naval service of such veteran during World War II is

determined by any agency or wholly owned instrumentality of the

United States (other than the Department of Veterans Affairs) to

be payable by it under any other law of the United States or

under a system established by such agency or instrumentality.

The provisions of clause (B) of this paragraph shall not apply in

the case of any monthly benefit or lump-sum death payment under

this subchapter if its application would reduce by $0.50 or less

the primary insurance amount (as computed under section 415 of this

title prior to any recomputation thereof pursuant to section 415(f)

of this title) of the individual on whose wages and self-employment

income such benefit or payment is based. The provisions of clause

(B) of this paragraph shall also not apply for purposes of section

416(i)(3) of this title.

(2) Upon application for benefits or a lump-sum death payment on

the basis of the wages and self-employment income of any World War

II veteran, the Commissioner of Social Security shall make a

decision without regard to clause (B) of paragraph (1) of this

subsection unless the Commissioner has been notified by some other

agency or instrumentality of the United States that, on the basis

of the military or naval service of such veteran during World War

II, a benefit described in clause (B) of paragraph (1) of this

subsection has been determined by such agency or instrumentality to

be payable by it. If the Commissioner has not been so notified, the

Commissioner of Social Security shall then ascertain whether some

other agency or wholly owned instrumentality of the United States

has decided that a benefit described in clause (B) of paragraph (1)

of this subsection is payable by it. If any such agency or

instrumentality has decided, or thereafter decides, that such a

benefit is payable by it, it shall so notify the Commissioner of

Social Security, and the Commissioner of Social Security shall

certify no further benefits for payment or shall recompute the

amount of any further benefits payable, as may be required by

paragraph (1) of this subsection.

(3) Any agency or wholly owned instrumentality of the United

States which is authorized by any law of the United States to pay

benefits, or has a system of benefits which are based, in whole or

in part, on military or naval service during World War II shall, at

the request of the Commissioner of Social Security, certify to the

Commissioner, with respect to any veteran, such information as the

Commissioner of Social Security deems necessary to carry out the

Commissioner's functions under paragraph (2) of this subsection.

(b) Determination of insurance status

(1) Subject to paragraph (3), any World War II veteran who died

during the period of three years immediately following his

separation from the active military or naval service of the United

States shall be deemed to have died a fully insured individual

whose primary insurance amount is the amount determined under

section 415(c) of this title as in effect in December 1978.

Notwithstanding section 415(d) of this title as in effect in

December 1978, the primary insurance benefit (for purposes of

section 415(c) of this title as in effect in December 1978) of such

veteran shall be determined as provided in this subchapter as in

effect prior to August 28, 1950, except that the 1 per centum

addition provided for in section 409(a)(4)(B) of this title as in

effect prior to August 28, 1950, shall be applicable only with

respect to calendar years prior to 1951. This subsection shall not

be applicable in the case of any monthly benefit or lump-sum death

payment if -

(A) a larger such benefit or payment, as the case may be, would

be payable without its application;

(B) any pension or compensation is determined by the Secretary

of Veterans Affairs to be payable by him on the basis of the

death of such veteran;

(C) the death of the veteran occurred while he was in the

active military or naval service of the United States; or

(D) such veteran has been discharged or released from the

active military or naval service of the United States subsequent

to July 26, 1951.

(2) Upon an application for benefits or a lump-sum death payment

on the basis of the wages and self-employment income of any World

War II veteran, the Commissioner of Social Security shall make a

decision without regard to paragraph (1)(B) of this subsection

unless the Commissioner has been notified by the Secretary of

Veterans Affairs that pension or compensation is determined to be

payable by that Secretary by reason of the death of such veteran.

The Commissioner of Social Security shall thereupon report such

decision to the Secretary of Veterans Affairs. If the Secretary of

Veterans Affairs in any such case has made an adjudication or

thereafter makes an adjudication that any pension or compensation

is payable under any law administered by it, the Secretary of

Veterans Affairs shall notify the Commissioner of Social Security,

and the Commissioner of Social Security shall certify no further

benefits for payment, or shall recompute the amount of any further

benefits payable, as may be required by paragraph (1) of this

subsection. Any payments theretofore certified by the Commissioner

of Social Security on the basis of paragraph (1) of this subsection

to any individual, not exceeding the amount of any accrued pension

or compensation payable to him by the Secretary of Veterans

Affairs, shall (notwithstanding the provisions of section 5301 of

title 38) be deemed to have been paid to him by that Secretary on

account of such accrued pension or compensation. No such payment

certified by the Commissioner of Social Security, and no payment

certified by the Commissioner for any month prior to the first

month for which any pension or compensation is paid by the

Secretary of Veterans Affairs shall be deemed by reason of this

subsection to have been an erroneous payment.

(3)(A) The preceding provisions of this subsection shall apply

for purposes of determining the entitlement to benefits under

section 402 of this title, based on the primary insurance amount of

the deceased World War II veteran, of any surviving individual only

if such surviving individual makes application for such benefits

before the end of the 18-month period after November 1990.

(B) Subparagraph (A) shall not apply if any person is entitled to

benefits under section 402 of this title based on the primary

insurance amount of such veteran for the month preceding the month

in which such application is made.

(c) Filing proof of support

In the case of any World War II veteran to whom subsection (a) of

this section is applicable, proof of support required under section

402(h) of this title may be filed by a parent at any time prior to

July 1951 or prior to the expiration of two years after the date of

the death of such veteran, whichever is the later.

(d) Definitions

For the purposes of this section -

(1) The term "World War II" means the period beginning with

September 16, 1940, and ending at the close of July 24, 1947.

(2) The term "World War II veteran" means any individual who

served in the active military or naval service of the United

States at any time during World War II and who, if discharged or

released therefrom, was so discharged or released under

conditions other than dishonorable after active service of ninety

days or more or by reason of a disability or injury incurred or

aggravated in service in line of duty; but such term shall not

include any individual who died while in the active military or

naval service of the United States if his death was inflicted

(other than by an enemy of the United States) as lawful

punishment for a military or naval offense.

(e) Determination based on wages and self-employment

(1) For purposes of determining entitlement to and the amount of

any monthly benefit or lump-sum death payment payable under this

subchapter on the basis of wages and self-employment income of any

veteran (as defined in paragraph (4) of this subsection), and for

purposes of section 416(i)(3) of this title, such veteran shall be

deemed to have been paid wages (in addition to the wages, if any,

actually paid to him) of $160 in each month during any part of

which he served in the active military or naval service of the

United States on or after July 25, 1947, and prior to January 1,

1957. This subsection shall not be applicable in the case of any

monthly benefit or lump-sum death payment if -

(A) a larger such benefit or payment, as the case may be, would

be payable without its application; or

(B) a benefit (other than a benefit payable in a lump sum

unless it is a commutation of, or a substitute for, periodic

payments) which is based, in whole or in part, upon the active

military or naval service of such veteran on or after July 25,

1947, and prior to January 1, 1957, is determined by any agency

or wholly owned instrumentality of the United States (other than

the Department of Veterans Affairs) to be payable by it under any

other law of the United States or under a system established by

such agency or instrumentality.

The provisions of clause (B) of this paragraph shall not apply in

the case of any monthly benefit or lump-sum death payment under

this subchapter if its application would reduce by $0.50 or less

the primary insurance amount (as computed under section 415 of this

title prior to any recomputation thereof pursuant to subsection (f)

of section 415 of this title) of the individual on whose wages and

self-employment income such benefit or payment is based. The

provisions of clause (B) of this paragraph shall also not apply for

purposes of section 416(i)(3) of this title. In the case of monthly

benefits under this subchapter for months after December 1956 (and

any lump-sum death payment under this subchapter with respect to a

death occurring after December 1956) based on the wages and

self-employment income of a veteran who performed service (as a

member of a uniformed service) to which the provisions of section

410(l)(1) of this title are applicable, wages which would, but for

the provisions of clause (B) of this paragraph, be deemed under

this subsection to have been paid to such veteran with respect to

his active military or naval service performed after December 1950

shall be deemed to have been paid to him with respect to such

service notwithstanding the provisions of such clause, but only if

the benefits referred to in such clause which are based (in whole

or in part) on such service are payable solely by the Army, Navy,

Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey,

National Oceanic and Atmospheric Administration Corps, or Public

Health Service.

(2) Upon application for benefits or a lump-sum death payment on

the basis of the wages and self-employment income of any veteran,

the Commissioner of Social Security shall make a decision without

regard to clause (B) of paragraph (1) of this subsection unless the

Commissioner has been notified by some other agency or

instrumentality of the United States that, on the basis of the

military or naval service of such veteran on or after July 25,

1947, and prior to January 1, 1957, a benefit described in clause

(B) of paragraph (1) of this subsection has been determined by such

agency or instrumentality to be payable by it. If the Commissioner

has not been so notified, the Commissioner of Social Security shall

then ascertain whether some other agency or wholly owned

instrumentality of the United States has decided that a benefit

described in clause (B) of paragraph (1) of this subsection is

payable by it. If any such agency or instrumentality has decided,

or thereafter decides, that such a benefit is payable by it, it

shall so notify the Commissioner of Social Security, and the

Commissioner of Social Security shall certify no further benefits

for payment or shall recompute the amount of any further benefits

payable, as may be required by paragraph (1) of this subsection.

(3) Any agency or wholly owned instrumentality of the United

States which is authorized by any law of the United States to pay

benefits, or has a system of benefits which are based, in whole or

in part, on military or naval service on or after July 25, 1947,

and prior to January 1, 1957, shall, at the request of the

Commissioner of Social Security, certify to the Commissioner, with

respect to any veteran, such information as the Commissioner of

Social Security deems necessary to carry out the Commissioner's

functions under paragraph (2) of this subsection.

(4) For the purposes of this subsection, the term "veteran" means

any individual who served in the active military or naval service

of the United States at any time on or after July 25, 1947, and

prior to January 1, 1957, and who, if discharged or released

therefrom, was so discharged or released under conditions other

than dishonorable after active service of ninety days or more or by

reason of a disability or injury incurred or aggravated in service

in line of duty; but such term shall not include any individual who

died while in the active military or naval service of the United

States if his death was inflicted (other than by an enemy of the

United States) as lawful punishment for a military or naval

offense.

(f) Right to annuity; waiver

(1) In any case where a World War II veteran (as defined in

subsection (d)(2) of this section) or a veteran (as defined in

subsection (e)(4) of this section) has died or shall hereafter die,

and his or her surviving spouse or child is entitled under

subchapter III of chapter 83 of title 5 to an annuity in the

computation of which his or her active military or naval service

was included, clause (B) of subsection (a)(1) of this section or

clause (B) of subsection (e)(1) of this section shall not operate

(solely by reason of such annuity) to make such subsection

inapplicable in the case of any monthly benefit under section 402

of this title which is based on his or her wages and

self-employment income; except that no such surviving spouse or

child shall be entitled under section 402 of this title to any

monthly benefit in the computation of which such service is

included by reason of this subsection (A) unless such surviving

spouse or child after December 1956 waives his or her right to

receive such annuity, or (B) for any month 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 such waiver) no further annuity will be paid to such

surviving spouse or child under such subchapter III on the basis of

such veteran's military or civilian service. Any such waiver shall

be irrevocable.

(2) Whenever a surviving spouse waives his or her right to

receive such annuity such waiver shall constitute a waiver on his

or her own behalf; a waiver by a legal guardian or guardians, or,

in the absence of a legal guardian, the person (or persons) who has

the child in his or her care, of the child's right to receive such

annuity shall constitute a waiver on behalf of such child. Such a

waiver with respect to an annuity based on a veteran's service

shall be valid only if the surviving spouse and all children, or,

if there is no surviving spouse, all the children, waive their

rights to receive annuities under subchapter III of chapter 83 of

title 5 based on such veteran's military or civilian service.

(g) Appropriation to trust funds

(1) Within thirty days after April 20, 1983, the Commissioner of

Social Security shall determine the amount equal to the excess of -

(A) the actuarial present value as of April 20, 1983, of the

past and future benefit payments from the Federal Old-Age and

Survivors Insurance Trust Fund, the Federal Disability Insurance

Trust Fund, and the Federal Hospital Insurance Trust Fund under

this subchapter and subchapter XVIII of this chapter, together

with associated administrative costs, resulting from the

operation of this section (other than this subsection) and

section 410 of this title as in effect before the enactment of

the Social Security Amendments of 1950, over

(B) any amounts previously transferred from the general fund of

the Treasury to such Trust Funds pursuant to the provisions of

this subsection as in effect immediately before April 20, 1983.

Such actuarial present value shall be based on the relevant

actuarial assumptions set forth in the report of the Board of

Trustees of each such Trust Fund for 1983 under sections 401(c) and

1395i(b) of this title. Within thirty days after April 20, 1983,

the Secretary of the Treasury shall transfer the amount determined

under this paragraph with respect to each such Trust Fund to such

Trust Fund from amounts in the general fund of the Treasury not

otherwise appropriated.

(2) The Commissioner of Social Security shall revise the amount

determined under paragraph (1) with respect to each such Trust Fund

in 1985 and each fifth year thereafter, as determined appropriate

by the Commissioner of Social Security from data which becomes

available to the Commissioner after the date of the determination

under paragraph (1) on the basis of the amount of benefits and

administrative expenses actually paid from such Trust Fund under

this subchapter or subchapter XVIII of this chapter and the

relevant actuarial assumptions set forth in the report of the Board

of Trustees of such Trust Fund for such year under section 401(c)

or 1395i(b) of this title. Within 30 days after any such revision,

the Secretary of the Treasury, to the extent provided in advance in

appropriation Acts, shall transfer to such Trust Fund, from amounts

in the general fund of the Treasury not otherwise appropriated, or

from such Trust Fund to the general fund of the Treasury, such

amounts as the Secretary of the Treasury determines necessary to

take into account such revision.

(h) Determination of veterans status

(1) For the purposes of this section, any individual who the

Commissioner of Social Security finds -

(A) served during World War II (as defined in subsection (d)(1)

of this section) in the active military or naval service of a

country which was on September 16, 1940, at war with a country

with which the United States was at war during World War II;

(B) entered into such active service on or before December 8,

1941;

(C) was a citizen of the United States throughout such period

of service or lost his United States citizenship solely because

of his entrance into such service;

(D) had resided in the United States for a period or periods

aggregating four years during the five-year period ending on the

day of, and was domiciled in the United States on the day of,

such entrance into such active service; and

(E)(i) was discharged or released from such service under

conditions other than dishonorable after active service of ninety

days or more or by reason of a disability or injury incurred or

aggravated in service in line of duty, or

(ii) died while in such service,

shall be considered a World War II veteran (as defined in

subsection (d)(2) of this section) and such service shall be

considered to have been performed in the active military or naval

service of the United States.

(2) In the case of any individual to whom paragraph (1) applies,

proof of support required under section 402(f) or (h) of this title

may be filed at any time prior to the expiration of two years after

the date of such individual's death or August 28, 1958, whichever

is the later.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 217, as added Aug. 28,

1950, ch. 809, title I, Sec. 105, 64 Stat. 512; amended July 18,

1952, ch. 945, Sec. 5(a), (d)(1), 66 Stat. 773, 775; Aug. 14, 1953,

ch. 483, Sec. 1, 67 Stat. 580; Sept. 1, 1954, ch. 1206, title I,

Sec. 106(e), 68 Stat. 1081; Aug. 9, 1955, ch. 685, Sec. 1, 69 Stat.

621; Aug. 1, 1956, ch. 837, title IV, Secs. 404(a), (b), 406, 70

Stat. 872, 873, 875; Pub. L. 85-840, title III, Sec. 314(a), (b),

Aug. 28, 1958, 72 Stat. 1036, 1037; Pub. L. 85-857, Sec. 13(i)(2),

Sept. 2, 1958, 72 Stat. 1265; Pub. L. 86-778, title I, Sec.

103(j)(2)(C), Sept. 13, 1960, 74 Stat. 937; Pub. L. 89-97, title

III, Sec. 322, July 30, 1965, 79 Stat. 396; Pub. L. 90-248, title

IV, Sec. 403(c), Jan. 2, 1968, 81 Stat. 932; Pub. L. 94-273, Secs.

2(23), 16, Apr. 21, 1976, 90 Stat. 376, 379; Pub. L. 95-216, title

II, Sec. 205(c), Dec. 20, 1977, 91 Stat. 1529; Pub. L. 97-35, title

XXII, Sec. 2201(c)(7), Aug. 13, 1981, 95 Stat. 832; Pub. L. 97-123,

Sec. 2(g), Dec. 29, 1981, 95 Stat. 1661; Pub. L. 98-21, title I,

Sec. 151(a), title III, Sec. 308, Apr. 20, 1983, 97 Stat. 103, 115;

Pub. L. 98-369, div. B, title VI, Sec. 2663(a)(12), (j)(3)(A)(ii),

July 18, 1984, 98 Stat. 1164, 1170; Pub. L. 101-239, title X, Sec.

10208(d)(2)(A)(iv), Dec. 19, 1989, 103 Stat. 2481; Pub. L. 101-508,

title V, Sec. 5117(b), Nov. 5, 1990, 104 Stat. 1388-277; Pub. L.

102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub.

L. 102-54, Sec. 13(q)(3)(A)(i), (D), (E), June 13, 1991, 105 Stat.

279; Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108

Stat. 1478.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act Amendments of 1950, referred to in

subsec. (g)(1)(A), is act Aug. 28, 1950, ch. 809, 64 Stat. 477, as

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

Short Title of 1950 Amendment note set out under section 1305 of

this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2), (3). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing, "unless the Commissioner" for "unless he" and

"If the Commissioner" for "If he" in par. (2), and "to the

Commissioner" for "to him" and "the Commissioner's functions" for

"his functions" in par. (3).

Subsec. (b)(2). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing except where appearing before "of Veterans Affairs" or

after "that" and substituted "unless the Commissioner" for "unless

he" and "certified by the Commissioner" for "certified by him".

Subsec. (e)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "the Commissioner has" for "he has" in two places in

par. (2), and "certify to the Commissioner" for "certify to him"

and "the Commissioner's" for "his" in par. (3).

Subsec. (f)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

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

"Commissioner of Social Security" for "Secretary" wherever

appearing, except where appearing before "of the Treasury" and

substituted "the Commissioner after" for "him after" in par. (2).

Subsec. (h)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in introductory

provisions.

1991 - Subsec. (a)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(A)(i),

substituted "Department of Veterans Affairs" for "Veterans'

Administration".

Subsec. (b)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(D), substituted

"Secretary of Veterans Affairs to be payable by him" for "Veterans'

Administration to be payable by it".

Subsec. (b)(2). Pub. L. 102-54, Sec. 13(q)(3)(E), substituted

references to Secretary of Veterans Affairs and Secretary for

references to Veterans' Administration and Administration, wherever

appearing.

Pub. L. 102-40 substituted "section 5301 of title 38" for

"section 3101 of title 38".

Subsec. (e)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(A)(i),

substituted "Department of Veterans Affairs" for "Veterans'

Administration".

1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 5117(b)(1),

substituted "Subject to paragraph (3), any" for "Any".

Subsec. (b)(3). Pub. L. 101-508, Sec. 5117(b)(2), added par. (3).

1989 - Subsec. (b)(1). Pub. L. 101-239 substituted "409(a)(4)(B)"

for "409(e)(2)" in introductory provisions.

1984 - Subsecs. (a)(2), (3), (b)(2). Pub. L. 98-369, Sec.

2663(j)(3)(A)(ii), struck out "of Health, Education, and Welfare"

after "Secretary" wherever appearing.

Subsec. (d). Pub. L. 98-369, Sec. 2663(a)(12)(A), realigned

margins of subsec. (d).

Subsec. (e)(1). Pub. L. 98-369, Sec. 2663(a)(12)(B), inserted

reference to National Oceanic and Atmospheric Administration.

Subsec. (e)(2), (3). Pub. L. 98-369, Sec. 2663(j)(3)(A)(ii),

struck out "of Health, Education, and Welfare" after "Secretary"

wherever appearing.

Subsec. (f)(1). Pub. L. 98-369, Sec. 2663(a)(12)(C), substituted

"Director of the Office of Personnel Management" for "Civil Service

Commission".

Pub. L. 98-369, Sec. 2663(j)(3)(A)(ii), struck out "of Health,

Education, and Welfare" after "Secretary".

1983 - Subsec. (f). Pub. L. 98-21, Sec. 308(2), substituted "his

or her" for "his" and "her" wherever appearing, except in cl. (A)

of par. (1).

Pub. L. 98-21, Sec. 308(1), substituted "surviving spouse" for

"widow" wherever appearing.

Subsec. (g). Pub. L. 98-21, Sec. 151(a), amended subsec.

generally, substituting provisions relating to determination of

amounts to be appropriated to trust funds and to revisions of such

amounts for provisions which had formerly required that, in

September of 1965, 1970, and 1975, and in October 1980 and in every

fifth October thereafter up to and including October 2010, the

Secretary determine the amount which, if paid in equal installments

at the beginning of each fiscal year in the period beginning (A)

with July 1, 1965, in the case of the first such determination, and

(B) with the beginning of the first fiscal year commencing after

the determination in the case of all other such determinations, and

ending with the close of September 30, 2015, would accumulate, with

interest compounded annually, to an amount equal to the amount

needed to place each of the Trust Funds and the Federal Hospital

Insurance Trust Fund in the same position at the close of September

30, 2015, as he estimated they would otherwise be in at the close

of that date if section 410 of this title as in effect prior to the

Social Security Act Amendments of 1950, and this section, had not

been enacted, with the interest to be used in determining such

amount to be the rate determined under section 401(d) of this title

for public-debt obligations which were or could have been issued

for purchase by the Trust Funds in the June preceding the September

in which the determinations in 1965, 1970, and 1975 were made and

in the September preceding the October in which all other

determinations were made.

1981 - Subsec. (b)(1). Pub. L. 97-123 struck out ", and as

modified by the application of section 415(a)(6) of this title".

Pub. L. 97-35 inserted ", and as modified by the application of

section 415(a)(6) of this title".

1977 - Subsec. (b)(1). Pub. L. 95-216 substituted "section 415(c)

of this title as in effect in December 1978" for "section 415(c) of

this title" in two places and "section 415(d) of this title as in

effect in December 1978" for "section 415(d) of this title".

1976 - Subsec. (g)(1). Pub. L. 94-273, Sec. 16, substituted

provisions relating to determination of the required amount for

payment in September of 1965, 1970, and 1975, and in October 1980

and in every fifth October thereafter up to and including October

2010, and ending with the close of September 30, 2015, for

provisions relating to determination of the required amount for

payment in September 1965, and in every fifth September thereafter

up to and including September 2010, and ending with the close of

June 30, 2015, and inserted provisions relating to the rate of

interest for the determination of the required amount in the

Septembers preceding the Octobers for all the other determinations

subsequent to the 1975 determination.

Subsec. (g)(2)(B), (3), (4). Pub. L. 94-273, Sec. 2(23),

substituted "September" for "June" wherever appearing.

1968 - Subsec. (f)(1). Pub. L. 90-248, Sec. 403(c)(1),

substituted "subchapter III of chapter 83 of title 5" and "such

subchapter III" for "the Civil Service Retirement Act of May 29,

1930, as amended," and "such Act of May 29, 1930, as amended,",

respectively.

Subsec. (f)(2). Pub. L. 90-248, Sec. 403(c)(2), substituted

"subchapter III of chapter 83 of title 5" for "the Civil Service

Retirement Act of May 29, 1930, as amended".

1965 - Subsec. (g)(1). Pub. L. 89-97 substituted provisions

requiring the Secretary to determine, in September 1965, and every

fifth September thereafter, up to and including September 2010, the

amount necessary to place each of the Trust Funds and the Federal

Hospital Insurance Trust Fund in the same position at the close of

June 30, 2015, as they would otherwise have been in at the close of

that date if section 410 of this title, as in effect prior to the

Social Security Act Amendments of 1950, and this section had not

been enacted and providing for determination of interest in

accordance with section 401(d) of this title, for provisions

authorizing the appropriation of sums necessary to meet additional

costs resulting from payment of benefits after June 1956 under

subsecs. (a), (b), and (e), including lump-sum death payments.

Subsec. (g)(2). Pub. L. 89-97 substituted provisions authorizing

appropriation to the Trust Funds and the Federal Hospital Insurance

Trust Fund in the fiscal years ending with the close of June 30,

2015, for provisions requiring the Secretary to determine before

October 1, 1958, the amount necessary to place the Federal Old-Age

and Survivors Insurance Trust Fund in the same position it would

have been at the close of June 30, 1956, if section 410 of this

title, as in effect prior to the Social Security Act Amendments of

1950, and this section had not been enacted and authorizing

appropriations during the first ten years beginning after such

determination had been made aggregating the sum so determined plus

interest.

Subsec. (g)(3), (4). Pub. L. 89-97 added pars. (3) and (4).

1960 - Subsec. (e)(1). Pub. L. 86-778 substituted "section

410(l)(1) of this title" for "section 410(m)(1) of this title".

1958 - Subsec. (b)(2). Pub. L. 85-857 substituted "section 3101

of title 38" for "section 454a of title 38".

Subsec. (g). Pub. L. 85-840, Sec. 314(b), substituted "Trust

Funds" for "Trust Fund" in par. (1), and "the Federal Old-Age and

Survivors Insurance Trust Fund in" for "the Trust Fund in", "such

Trust Fund annually", for "the Trust Fund annually", and "such

Trust Fund during" for "the Trust Fund during" in par. (2).

Subsec. (h). Pub. L. 85-840, Sec. 314(a), added subsec. (h).

1956 - Subsec. (e). Act Aug. 1, 1956, Sec. 404(a), amended

subsec. (e) generally, substituting "January 1, 1957" for "April 1,

1956" in five places, and inserting provisions in par. (1) relating

to monthly benefits for months after December 1956 and any lump-sum

death payment under this subchapter with respect to a death

occurring after December 1956.

Subsecs. (f), (g). Act Aug. 1, 1956, Secs. 404(b), 406, added

subsecs. (f) and (g), respectively.

1955 - Subsec. (e). Act Aug. 9, 1955, substituted "April 1, 1956"

for "July 1, 1955" wherever appearing.

1954 - Subsec. (a)(1). Act Sept. 1, 1954, Sec. 106(e)(1), (3),

inserted "and for purposes of section 416(i)(3) of this title"

after "World War II veteran" in first sentence, and inserted

sentence at end.

Subsec. (e)(1). Act Sept. 1, 1954, Sec. 106(e)(2), (3), inserted

"and for purposes of section 416(i)(3) of this title" after

"veteran (as defined in paragraph (4) of this subsection)" and

inserted sentence at end.

1953 - Subsec. (e). Act Aug. 14, 1953, substituted "July 1, 1955"

for "January 1, 1954" wherever appearing.

1952 - Act July 18, 1952, Sec. 5(a), struck out reference to

World War II veterans in section catchline.

Subsec. (a)(1). Act July 5, 1952, Sec. 5(d)(1), inserted

provision following cl. (B) that cl. (B) not apply in the case of

any monthly benefits or lump-sum death payments under this

subchapter.

Subsec. (e). Act July 18, 1952, Sec. 5(a), added subsec. (e).

-CHANGE-

CHANGE OF NAME

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, 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.

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, abolished Environmental Science Services

Administration, established National Oceanic and Atmospheric

Administration, and redesignated Commissioned Officer Corps of ESSA

as Commissioned Officer Corps of NOAA. For further details, see

Transfer of Functions note set out under section 851 of Title 33,

Navigation and Navigable Waters.

-MISC2-

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

Amendment by section 308 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.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 2201(c)(7) of Pub. L. 97-35 and by section

2(g) of Pub. L. 97-123 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.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 effective with respect to monthly

benefits and lump-sum death payments for deaths occurring after

December 1978, see section 206 of Pub. L. 95-216, set out as a note

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 AMENDMENTS

Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2

of Pub. L. 85-857, set out as an Effective Date note preceding Part

I of Title 38, Veterans' Benefits.

Section 314(c)(1) of Pub. L. 85-840 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to (A) monthly benefits under sections 202 and 223 of

the Social Security Act [sections 402 and 423 of this title] for

months after the month in which this Act is enacted [August 1958],

(B) lump-sum death payments under such section 202 in the case of

deaths occurring after the month in which this Act is enacted, and

(C) periods of disability under section 216(i) [section 416(i) of

this title] in the case of applications for a disability

determination filed after the month in which this Act is enacted."

EFFECTIVE DATE OF 1956 AMENDMENT

Section 404(d) of act Aug. 1, 1956, provided that: "Except for

the last sentence of section 217(e)(1) of the Social Security Act

[subsec. (e)(1) of this section] as amended by subsection (a) of

this section, the amendments made by such subsection (a) [amending

this section] shall be effective as though they had been enacted on

March 31, 1956. Such last sentence of section 217(e)(1) of the

Social Security Act shall become effective January 1, 1957."

Amendment by section 406 of act Aug. 1, 1956, effective Jan. 1,

1957, see section 603(a) of act Aug. 1, 1956.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by section 106(e) 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 DATE OF 1952 AMENDMENT

Section 5(c) of act of July 18, 1952, as amended by Pub. L.

86-778, title III, Sec. 304(d), Sept. 13, 1960, 74 Stat. 966,

provided that:

"(1) The amendments made by subsections (a) and (b) [amending

this section and section 405 of this title] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [section 402 of this title] for months after August

1952, and with respect to lump-sum death payments in the case of

deaths occurring after August 1952, except that, in the case of any

individual who is entitled, on the basis of the wages and

self-employment income of any individual to whom section 217(e) of

the Social Security Act [subsec. (e) of this section] applies, to

monthly benefits under such section 202 for August 1952, such

amendments shall apply (A) only if an application for recomputation

by reason of such amendments is filed by such individual, or any

other individual, entitled to benefits under such section 202 on

the basis of such wages and self-employment income, and (B) only

with respect to such benefits for months after whichever of the

following is the later: August 1952 of the seventh month before the

month in which such application was filed. Recomputations of

benefits as required to carry out the provisions of this paragraph

shall be made notwithstanding the provisions of section 215(f)(1)

of the Social Security Act [section 415(f)(1) of this title]; but

no such recomputation shall be regarded as a recomputation for

purposes of section 215(f) of such act. Notwithstanding the

preceding provisions of this paragraph, the primary insurance

amount of an individual shall not be recomputed under such

provisions unless such individual files the application referred to

in clause (A) of the first sentence of this paragraph prior to

January 1961 or, if he dies without filing such application, his

death occurred prior to January 1961.

"(2) In the case of any veteran (as defined in section 217(e)(4)

of the Social Security Act [subsec. (e)(4) of this section]) who

died prior to September 1952, the requirement in subsections (f)

and (h) of section 202 of the Social Security Act that proof of

support be filed within two years of the date of such death shall

not apply if such proof is filed prior to September 1954."

Section 5(d)(2) of act July 18, 1952, provided that: "The

amendment made by paragraph (1) of this subsection [amending this

section] shall apply only in the case of applications for benefits

under section 202 of the Social Security Act [section 402 of this

title] filed after August 1952."

EFFECTIVE DATE

Section 105 of act Aug. 28, 1950, provided that this section is

effective Sept. 1, 1950.

-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.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard, of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

-MISC3-

RECOMPUTATION OF PRIMARY INSURANCE AMOUNT OF CERTAIN INDIVIDUALS

Section 314(c)(2) of Pub. L. 85-840 provided that: "In the case

of any individual -

"(A) who is a World War II veteran (as defined in section

217(d)(2) of the Social Security Act [subsec. (d)(2) of this

section]) wholly or partly by reason of service described in

section 217(h)(1)(A) of such Act; and

"(B) who (i) became entitled to old-age insurance benefits

under section 202(a) of the Social Security Act [section 402(a)

of this title] or to disability insurance benefits under section

223 of such Act [section 423 of this title] prior to the first

day of the month following the month in which this Act is enacted

[August 1958], or (i) died prior to such first day, and whose

widow, former wife divorced, widower, child, or parent is

entitled for the month in which this Act is enacted, on the basis

of his wages and self-employment income, to a monthly benefit

under section 202 of such Act; and

"(C) any part of whose service described in section

217(h)(1)(A) of the Social Security Act was not included in the

computation of his primary insurance amount under section 215 of

such Act [section 415 of this title] but would have been included

in such computation if the amendment made by subsection (a) of

this section had been effective prior to the date of such

computation,

the Secretary of Health, Education, and Welfare [now Health and

Human Services] shall, notwithstanding the provisions of section

215(f)(1) of the Social Security Act, recompute the primary

insurance amount of such individual upon the filing of an

application, after the month in which this Act is enacted [August

1958], by him or (if he has died without filing such an

application) by any person entitled to monthly benefits under

section 202 of the Social Security Act on the basis of his wages

and self-employment income. Such recomputation shall be made only

in the manner provided in title II of the Social Security Act [this

subchapter] as in effect at the time of the last previous

computation or recomputation of such individual's primary insurance

amount, and as though application therefor was filed in the month

in which application for such last previous computation or

recomputation was filed. No recomputation made under this

subsection shall be regarded as a recomputation under section

215(f) of the Social Security Act. Any such recomputation shall be

effective for and after the twelfth month before the month in which

the application is filed, but in no case for the month in which

this Act is enacted or any prior month."

RECOMPUTATION OF SOCIAL SECURITY BENEFITS OF WIDOWS AND CHILDREN

WHO WAIVE RIGHT TO ANNUITY UNDER CIVIL SERVICE RETIREMENT ACT

Section 404(c) of act Aug. 1, 1956, provided that: "In the case

of any deceased individual -

"(1) who is a World War II veteran (as defined in section

217(d)(2) of the Social Security Act [subsec. (d)(2) of this

section]) or a veteran (as defined in section 217(e)(4) of such

Act); and

"(2) whose widow or child is entitled under the Civil Service

Retirement Act of May 29, 1930, as amended [see section 8301 et

seq. of Title 5, Government Organization and Employees], to an

annuity in the computation of which his active military or naval

service after September 15, 1940, and before January 1, 1957, was

included; and

"(3) whose widow or child is entitled under section 202 of the

Social Security Act [section 402 of this title], on the basis of

his wages and self-employment income, to a monthly benefit in the

computation of which such active military or naval service was

excluded (under clause (B) of subsection (a)(1) or (e)(1) of

section 217 of such Act) solely by reason of the annuity

described in the preceding paragraph; and

"(4) whose widow or child is entitled by reason of section

217(f) of the Social Security Act to have such active military or

naval service included in the computation of such monthly

benefit,

the Secretary of Health, Education, and Welfare [now Health and

Human Services] shall, notwithstanding the provisions of section

215(f)(1) of the Social Security Act [section 415(f)(1) of this

title], recompute the primary insurance amount of such individual

upon the filing of an application, after December 1956, by or on

behalf of such widow or child. Such recomputation shall be made

only in the manner provided in title II of the Social Security Act

[this subchapter] as in effect at the time of such individual's

death, and as though application therefor was filed in the month in

which he died. No recomputation made under this subsection shall be

regarded as a recomputation under section 215(f) of the Social

Security Act. Any such recomputation shall be effective for and

after the twelfth month before the month in which the application

is filed, but in no case for any month before the first month with

respect to which such widow or child is entitled by reason of

section 217(f) of the Social Security Act to have such active

military or naval service included in the computation of such

monthly benefits. The terms used in this subsection shall have the

same meaning as when used in title II of the Social Security Act

[this subchapter]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 213, 405, 415 of this

title.

-End-

-CITE-

42 USC Sec. 418 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. 418. Voluntary agreements for coverage of State and local

employees

-STATUTE-

(a) Purpose of agreement

(1) The Commissioner of Social Security shall, at the request of

any State, enter into an agreement with such State for the purpose

of extending the insurance system established by this subchapter to

services performed by individuals as employees of such State or any

political subdivision thereof. Each such agreement shall contain

such provisions, not inconsistent with the provisions of this

section, as the State may request.

(2) Notwithstanding section 410(a) of this title, for the

purposes of this subchapter the term "employment" includes any

service included under an agreement entered into under this

section.

(b) Definitions

For the purposes of this section -

(1) The term "State" does not include the District of Columbia,

Guam, or American Samoa.

(2) The term "political subdivision" includes an

instrumentality of (A) a State, (B) one or more political

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

political subdivisions.

(3) The term "employee" includes an officer of a State or

political subdivision.

(4) The term "retirement system" means a pension, annuity,

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

by a political subdivision thereof.

(5) The term "coverage group" means (A) employees of the State

other than those engaged in performing service in connection with

a proprietary function; (B) employees of a political subdivision

of a State other than those engaged in performing service in

connection with a proprietary function; (C) employees of a State

engaged in performing service in connection with a single

proprietary function; or (D) employees of a political subdivision

of a State engaged in performing service in connection with a

single proprietary function. If under the preceding sentence an

employee would be included in more than one coverage group by

reason of the fact that he performs service in connection with

two or more proprietary functions or in connection with both a

proprietary function and a nonproprietary function, he shall be

included in only one such coverage group. The determination of

the coverage group in which such employee shall be included shall

be made in such manner as may be specified in the agreement.

Persons employed under section 709 of title 32, who elected under

section 6 of the National Guard Technicians Act of 1968 to remain

covered by an employee retirement system of, or plan sponsored

by, a State or the Commonwealth of Puerto Rico, shall, for the

purposes of this chapter, be employees of the State or the

Commonwealth of Puerto Rico and (notwithstanding the preceding

provisions of this paragraph), shall be deemed to be a separate

coverage group. For purposes of this section, individuals

employed pursuant to an agreement, entered into pursuant to

section 1624 of title 7 or section 499n of title 7, between a

State and the United States Department of Agriculture to perform

services as inspectors of agricultural products may be deemed, at

the option of the State, to be employees of the State and

(notwithstanding the preceding provisions of this paragraph)

shall be deemed to be a separate coverage group.

(c) Services covered

(1) An agreement under this section shall be applicable to any

one or more coverage groups designated by the State.

(2) In the case of each coverage group to which the agreement

applies, the agreement must include all services (other than

services excluded by or pursuant to subsection (d) or paragraph

(3), (5), or (6) of this subsection) performed by individuals as

members of such group.

(3) Such agreement shall, if the State requests it, exclude (in

the case of any coverage group) any one or more of the following:

(A) All services in any class or classes of (i) elective

positions, (ii) part-time positions, or (iii) positions the

compensation for which is on a fee basis;

(B) All services performed by individuals as members of a

coverage group in positions covered by a retirement system on the

date such agreement is made applicable to such coverage group,

but only in the case of individuals who, on such date (or, if

later, the date on which they first occupy such positions), are

not eligible to become members of such system and whose services

in such positions have not already been included under such

agreement pursuant to subsection (d)(3) of this section.

(4) The Commissioner of Social Security shall, at the request of

any State, modify the agreement with such State so as to (A)

include any coverage group to which the agreement did not

previously apply, or (B) include, in the case of any coverage group

to which the agreement applies, services previously excluded from

the agreement; but the agreement as so modified may not be

inconsistent with the provisions of this section applicable in the

case of an original agreement with a State. A modification of an

agreement pursuant to clause (B) of the preceding sentence may

apply to individuals to whom paragraph (3)(B) of this subsection is

applicable (whether or not the previous exclusion of the service of

such individuals was pursuant to such paragraph), but only if such

individuals are, on the effective date specified in such

modification, ineligible to be members of any retirement system or

if the modification with respect to such individuals is pursuant to

subsection (d)(3) of this section.

(5) Such agreement shall, if the State requests it, exclude (in

the case of any coverage group) any agricultural labor, or service

performed by a student, designated by the State. This paragraph

shall apply only with respect to service which is excluded from

employment by any provision of section 410(a) of this title other

than paragraph (7) of such section and service the remuneration for

which is excluded from wages by subparagraph (B) of section

409(a)(7) of this title.

(6) Such agreement shall exclude -

(A) service performed by an individual who is employed to

relieve him from unemployment,

(B) service performed in a hospital, home, or other institution

by a patient or inmate thereof,

(C) covered transportation service (as determined under section

410(k) of this title),

(D) service (other than agricultural labor or service performed

by a student) which is excluded from employment by any provision

of section 410(a) of this title other than paragraph (7) of such

section,

(E) service performed by an individual as an employee serving

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

flood, or other similar emergency, and

(F) service described in section 410(a)(7)(F) of this title

which is included as "employment" under section 410(a) of this

title.

(7) No agreement may be made applicable (either in the original

agreement or by any modification thereof) to service performed by

any individual to whom paragraph (3)(B) of this subsection is

applicable unless such agreement provides (in the case of each

coverage group involved) either that the service of any individual

to whom such paragraph is applicable and who is a member of such

coverage group shall continue to be covered by such agreement in

case he thereafter becomes eligible to be a member of a retirement

system, or that such service shall cease to be so covered when he

becomes eligible to be a member of such a system (but only if the

agreement is not already applicable to such system pursuant to

subsection (d)(3) of this section), whichever may be desired by the

State.

(8)(A) Notwithstanding any other provision of this section, the

agreement with any State entered into under this section may at the

option of the State be modified at any time to exclude service

performed by election officials or election workers 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

subparagraph (B) for any calendar year commencing on or after

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

calendar year. Any modification of an agreement pursuant to this

paragraph shall be effective with respect to services performed in

and after the calendar year in which the modification is mailed or

delivered by other means to the Commissioner of Social Security.

(B) For each year after 1999, the Commissioner of Social Security

shall adjust the amount referred to in subparagraph (A) at the same

time and in the same manner as is provided under section

415(a)(1)(B)(ii) of this title with respect to the amounts referred

to in section 415(a)(1)(B)(i) of this title, except that -

(i) for purposes of this subparagraph, 1997 shall be

substituted for the calendar year referred to in section

415(a)(1)(B)(ii)(II) of this title, and

(ii) such amount as so adjusted, if not a multiple of $100,

shall be rounded to the next higher multiple of $100 where such

amount is a multiple of $50 and to the nearest multiple of $100

in any other case.

The Commissioner of Social Security shall determine and publish in

the Federal Register each adjusted amount determined under this

subparagraph not later than November 1 preceding the year for which

the adjustment is made.

(d) Positions covered by retirement systems

(1) No agreement with any State may be made applicable (either in

the original agreement or by any modification thereof) to any

service performed by employees as members of any coverage group in

positions covered by a retirement system either (A) on the date

such agreement is made applicable to such coverage group, or (B) on

September 1, 1954 (except in the case of positions which are, by

reason of action by such State or political subdivision thereof, as

may be appropriate, taken prior to September 1, 1954, no longer

covered by a retirement system on the date referred to in clause

(A), and except in the case of positions excluded by paragraph

(5)(A) of this subsection). The preceding sentence shall not be

applicable to any service performed by an employee as a member of

any coverage group in a position (other than a position excluded by

paragraph (5)(A) of this subsection) covered by a retirement system

on the date an agreement is made applicable to such coverage group

if, on such date (or, if later, the date on which such individual

first occupies such position), such individual is ineligible to be

a member of such system.

(2) It is declared to be the policy of the Congress in enacting

the succeeding paragraphs of this subsection that the protection

afforded employees in positions covered by a retirement system on

the date an agreement under this section is made applicable to

service performed in such positions, or receiving periodic benefits

under such retirement system at such time, will not be impaired as

a result of making the agreement so applicable or as a result of

legislative enactment in anticipation thereof.

(3) Notwithstanding paragraph (1) of this subsection, an

agreement with a State may be made applicable (either in the

original agreement or by any modification thereof) to service

performed by employees in positions covered by a retirement system

(including positions specified in paragraph (4) of this subsection

but not including positions excluded by or pursuant to paragraph

(5)), if the governor of the State, or an official of the State

designated by him for the purpose, certifies to the Commissioner of

Social Security that the following conditions have been met:

(A) A referendum by secret written ballot was held on the

question of whether service in positions covered by such

retirement system should be excluded from or included under an

agreement under this section;

(B) An opportunity to vote in such referendum was given (and

was limited) to eligible employees;

(C) Not less than ninety days' notice of such referendum was

given to all such employees;

(D) Such referendum was conducted under the supervision of the

governor or an agency or individual designated by him; and

(E) A majority of the eligible employees voted in favor of

including service in such positions under an agreement under this

section.

An employee shall be deemed an "eligible employee" for purposes of

any referendum with respect to any retirement system if, at the

time such referendum was held, he was in a position covered by such

retirement system and was a member of such system, and if he was in

such a position at the time notice of such referendum was given as

required by clause (C) of the preceding sentence; except that he

shall not be deemed an "eligible employee" if, at the time the

referendum was held, he was in a position to which the State

agreement already applied, or if he was in a position excluded by

or pursuant to paragraph (5). No referendum with respect to a

retirement system shall be valid for purposes of this paragraph

unless held within the two-year period which ends on the date of

execution of the agreement or modification which extends the

insurance system established by this subchapter to such retirement

system, nor shall any referendum with respect to a retirement

system be valid for purposes of this paragraph if held less than

one year after the last previous referendum held with respect to

such retirement system.

(4) For the purposes of subsection (c) of this section, the

following employees shall be deemed to be a separate coverage group

-

(A) all employees in positions which were covered by the same

retirement system on the date the agreement was made applicable

to such system (other than employees to whose services the

agreement already applied on such date);

(B) all employees in positions which became covered by such

system at any time after such date; and

(C) all employees in positions which were covered by such

system at any time before such date and to whose services the

insurance system established by this subchapter has not been

extended before such date because the positions were covered by

such retirement system (including employees to whose services the

agreement was not applicable on such date because such services

were excluded pursuant to subsection (c)(3)(B) of this section).

(5)(A) Nothing in paragraph (3) of this subsection shall

authorize the extension of the insurance system established by this

subchapter to service in any policeman's or fireman's position.

(B) At the request of the State, any class or classes of

positions covered by a retirement system which may be excluded from

the agreement pursuant to paragraph (3) or (5) of subsection (c) of

this section, and to which the agreement does not already apply,

may be excluded from the agreement at the time it is made

applicable to such retirement system; except that, notwithstanding

the provisions of paragraph (3)(B) of such subsection, such

exclusion may not include any services to which such paragraph

(3)(B) is applicable. In the case of any such exclusion, each such

class so excluded shall, for purposes of this subsection,

constitute a separate retirement system in case of any modification

of the agreement thereafter agreed to.

(6)(A) If a retirement system covers positions of employees of

the State and positions of employees of one or more political

subdivisions of the State, or covers positions of employees of two

or more political subdivisions of the State, then, for purposes of

the preceding paragraphs of this subsection, there shall, if the

State so desires, be deemed to be a separate retirement system with

respect to any one or more of the political subdivisions concerned

and, where the retirement system covers positions of employees of

the State, a separate retirement system with respect to the State

or with respect to the State and any one or more of the political

subdivisions concerned. Where a retirement system covering

positions of employees of a State and positions of employees of one

or more political subdivisions of the State, or covering positions

of employees of two or more political subdivisions of the State, is

not divided into separate retirement systems pursuant to the

preceding sentence or pursuant to subparagraph (C), then the State

may, for purposes of subsection (e) of this section only, deem the

system to be a separate retirement system with respect to any one

or more of the political subdivisions concerned and, where the

retirement system covers positions of employees of the State, a

separate retirement system with respect to the State or with

respect to the State and any one or more of the political

subdivisions concerned.

(B) If a retirement system covers positions of employees of one

or more institutions of higher learning, then, for purposes of such

preceding paragraphs there shall, if the State so desires, be

deemed to be a separate retirement system for the employees of each

such institution of higher learning. For the purposes of this

subparagraph, the term "institutions of higher learning" includes

junior colleges and teachers colleges. If a retirement system

covers positions of employees of a hospital which is an integral

part of a political subdivision, then, for purposes of the

preceding paragraphs there shall, if the State so desires, be

deemed to be a separate retirement system for the employees of such

hospital.

(C) For the purposes of this subsection, any retirement system

established by the State of Alaska, California, Connecticut,

Florida, Georgia, Illinois, Massachusetts, Minnesota, Nevada, New

Jersey, New Mexico, New York, North Dakota, Pennsylvania, Rhode

Island, Tennessee, Texas, Vermont, Washington, Wisconsin, or

Hawaii, or any political subdivision of any such State, which, on,

before, or after August 1, 1956, is divided into two divisions or

parts, one of which is composed of positions of members of such

system who desire coverage under an agreement under this section

and the other of which is composed of positions of members of such

system who do not desire such coverage, shall, if the State so

desires and if it is provided that there shall be included in such

division or part composed of members desiring such coverage the

positions of individuals who become members of such system after

such coverage is extended, be deemed to be a separate retirement

system with respect to each such division or part. If, in the case

of a separate retirement system which is deemed to exist by reason

of subparagraph (A) and which has been divided into two divisions

or parts pursuant to the first sentence of this subparagraph,

individuals become members of such system by reason of action taken

by a political subdivision after coverage under an agreement under

this section has been extended to the division or part thereof

composed of positions of individuals who desire such coverage, the

positions of such individuals who become members of such retirement

system by reason of the action so taken shall be included in the

division or part of such system composed of positions of members

who do not desire such coverage if (i) such individuals, on the day

before becoming such members, were in the division or part of

another separate retirement system (deemed to exist by reason of

subparagraph (A)) composed of positions of members of such system

who do not desire coverage under an agreement under this section,

and (ii) all of the positions in the separate retirement system of

which such individuals so become members and all of the positions

in the separate retirement system referred to in clause (i) would

have been covered by a single retirement system if the State had

not taken action to provide for separate retirement systems under

this paragraph.

(D)(i) The position of any individual which is covered by any

retirement system to which subparagraph (C) is applicable shall, if

such individual is ineligible to become a member of such system on

August 1, 1956, or, if later, the day he first occupies such

position, be deemed to be covered by the separate retirement system

consisting of the positions of members of the division or part who

do not desire coverage under the insurance system established under

this subchapter.

(ii) Notwithstanding clause (i), the State may, pursuant to

subsection (c)(4)(B) of this section and subject to the conditions

of continuation or termination of coverage provided for in

subsection (c)(7) of this section, modify its agreement under this

section to include services performed by all individuals described

in clause (i) other than those individuals to whose services the

agreement already applies. Such individuals shall be deemed (on and

after the effective date of the modification) to be in positions

covered by the separate retirement system consisting of the

positions of members of the division or part who desire coverage

under the insurance system established under this subchapter.

(E) An individual who is in a position covered by a retirement

system to which subparagraph (C) is applicable and who is not a

member of such system but is eligible to become a member thereof

shall, for purposes of this subsection (other than paragraph (8) of

this subsection), be regarded as a member of such system; except

that, in the case of any retirement system a division or part of

which is covered under the agreement (either in the original

agreement or by a modification thereof), which coverage is agreed

to prior to 1960, the preceding provisions of this subparagraph

shall apply only if the State so requests and any such individual

referred to in such preceding provisions shall, if the State so

requests, be treated, after division of the retirement system

pursuant to such subparagraph (C), the same as individuals in

positions referred to in subparagraph (F).

(F) In the case of any retirement system divided pursuant to

subparagraph (C), the position of any member of the division or

part composed of positions of members who do not desire coverage

may be transferred to the separate retirement system composed of

positions of members who desire such coverage if it is so provided

in a modification of such agreement which is mailed, or delivered

by other means, to the Commissioner of Social Security prior to

1970 or, if later, the expiration of two years after the date on

which such agreement, or the modification thereof making the

agreement applicable to such separate retirement system, as the

case may be, is agreed to, but only if, prior to such modification

or such later modification, as the case may be, the individual

occupying such position files with the State a written request for

such transfer. Notwithstanding subsection (e)(1) of this section,

any such modification or later modification, providing for the

transfer of additional positions within a retirement system

previously divided pursuant to subparagraph (C) to the separate

retirement system composed of positions of members who desire

coverage, shall be effective with respect to services performed

after the same effective date as that which was specified in the

case of such previous division.

(G) For the purposes of this subsection, in the case of any

retirement system of the State of Florida, Georgia, Minnesota,

North Dakota, Pennsylvania, Washington, or Hawaii which covers

positions of employees of such State who are compensated in whole

or in part from grants made to such State under subchapter III of

this chapter, there shall be deemed to be, if such State so

desires, a separate retirement system with respect to any of the

following:

(i) the positions of such employees;

(ii) the positions of all employees of such State covered by

such retirement system who are employed in the department of such

State in which the employees referred to in clause (i) are

employed; or

(iii) employees of such State covered by such retirement system

who are employed in such department of such State in positions

others than those referred to in clause (i).

(7) The certification by the governor (or an official of the

State designated by him for the purpose) required under paragraph

(3) of this subsection shall be deemed to have been made, in the

case of a division or part (created under subparagraph (C) of

paragraph (6) of this subsection or the corresponding provision of

prior law) consisting of the positions of members of a retirement

system who desire coverage under the agreement under this section,

if the governor (or the official so designated) certifies to the

Commissioner of Social Security that -

(A) an opportunity to vote by written ballot on the question of

whether they wish to be covered under an agreement under this

section was given to all individuals who were members of such

system at the time the vote was held;

(B) not less than ninety days' notice of such vote was given to

all individuals who were members of such system on the date the

notice was issued;

(C) the vote was conducted under the supervision of the

governor or an agency or individual designated by him; and

(D) such system was divided into two parts or divisions in

accordance with the provisions of subparagraphs (C) and (D) of

paragraph (6) of this subsection or the corresponding provision

of prior law.

For purposes of this paragraph, an individual in a position to

which the State agreement already applied or in a position excluded

by or pursuant to paragraph (5) of this subsection shall not be

considered a member of the retirement system.

(8)(A) Notwithstanding paragraph (1) of this subsection, if under

the provisions of this subsection an agreement is, after December

31, 1958, made applicable to service performed in positions covered

by a retirement system, service performed by an individual in a

position covered by such a system may not be excluded from the

agreement because such position is also covered under another

retirement system.

(B) Subparagraph (A) shall not apply to service performed by an

individual in a position covered under a retirement system if such

individual, on the day the agreement is made applicable to service

performed in positions covered by such retirement system, is not a

member of such system and is a member of another system.

(C) If an agreement is made applicable, prior to 1959, to service

in positions covered by any retirement system, the preceding

provisions of this paragraph shall be applicable in the case of

such system if the agreement is modified to so provide.

(D) Except in the case of State agreements modified as provided

in subsection (l) of this section and agreements with interstate

instrumentalities, nothing in this paragraph shall authorize the

application of an agreement to service in any policeman's or

fireman's position.

(e) Effective date of agreement; retroactive coverage

(1) Any agreement or modification of an agreement under this

section shall be effective with respect to services performed after

an effective date specified in such agreement or modification;

except that such date may not be earlier than the last day of the

sixth calendar year preceding the year in which such agreement or

modification, as the case may be, is mailed or delivered by other

means to the Commissioner of Social Security.

(2) In the case of service performed by members of any coverage

group -

(A) to which an agreement under this section is made

applicable, and

(B) with respect to which the agreement, or modification

thereof making the agreement so applicable, specifies an

effective date earlier than the date of execution of such

agreement and such modification, respectively,

the agreement shall, if so requested by the State, be applicable to

such services (to the extent the agreement was not already

applicable) performed before such date of execution and after such

effective date by any individual as a member of such coverage group

if he is such a member on a date, specified by the State, which is

earlier than such date of execution, except that in no case may the

date so specified be earlier than the date such agreement or such

modification, as the case may be, is mailed, or delivered by other

means, to the Commissioner of Social Security.

(3) Notwithstanding the provisions of paragraph (2) of this

subsection, in the case of services performed by individuals as

members of any coverage group to which an agreement under this

section is made applicable, and with respect to which there were

timely paid in good faith to the Secretary of the Treasury amounts

equivalent to the sum of the taxes which would have been imposed by

sections 3101 and 3111 of the Internal Revenue Code of 1986 had

such services constituted employment for purposes of chapter 21 of

such Code at the time they were performed, and with respect to

which refunds were not obtained, such individuals may, if so

requested by the State, be deemed to be members of such coverage

group on the date designated pursuant to paragraph (2).

(f) Duration of agreement

No agreement under this section may be terminated, either in its

entirety or with respect to any coverage group, on or after April

20, 1983.

(g) Instrumentalities of two or more States

(1) The Commissioner of Social Security may, at the request of

any instrumentality of two or more States, enter into an agreement

with such instrumentality for the purpose of extending the

insurance system established by this subchapter to services

performed by individuals as employees of such instrumentality. Such

agreement, to the extent practicable, shall be governed by the

provisions of this section applicable in the case of an agreement

with a State.

(2) In the case of any instrumentality of two or more States, if

-

(A) employees of such instrumentality are in positions covered

by a retirement system of such instrumentality or of any of such

States or any of the political subdivisions thereof, and

(B) such retirement system is (on, before, or after August 30,

1957) divided into two divisions or parts, one of which is

composed of positions of members of such system who are employees

of such instrumentality and who desire coverage under an

agreement under this section and the other of which is composed

of positions of members of such system who are employees of such

instrumentality and who do not desire such coverage, and

(C) it is provided that there shall be included in such

division or part composed of the positions of members desiring

such coverage the positions of employees of such instrumentality

who become members of such system after such coverage is

extended,

then such retirement system shall, if such instrumentality so

desires, be deemed to be a separate retirement system with respect

to each such division or part. An individual who is in a position

covered by a retirement system divided pursuant to the preceding

sentence and who is not a member of such system but is eligible to

become a member thereof shall, for purposes of this subsection, be

regarded as a member of such system. Coverage under the agreement

of any such individual shall be provided under the same conditions,

to the extent practicable, as are applicable in the case of the

States to which the provisions of subsection (d)(6)(C) of this

section apply. The position of any employee of any such

instrumentality which is covered by any retirement system to which

the first sentence of this paragraph is applicable shall, if such

individual is ineligible to become a member of such system on

August 30, 1957, or, if later, the day he first occupies such

position, be deemed to be covered by the separate retirement system

consisting of the positions of members of the division or part who

do not desire coverage under the insurance system established under

this subchapter. Services in positions covered by a separate

retirement system created pursuant to this subsection (and

consisting of the positions of members who desire coverage under an

agreement under this section) shall be covered under such agreement

on compliance, to the extent practicable, with the same conditions

as are applicable to coverage under an agreement under this section

of services in positions covered by a separate retirement system

created pursuant to subparagraph (C) of subsection (d)(6) of this

section or the corresponding provision of prior law (and consisting

of the positions of members who desire coverage under such

agreement).

(3) Any agreement with any instrumentality of two or more States

entered into pursuant to this chapter may, notwithstanding the

provisions of subsection (d)(5)(A) of this section and the

references thereto in subsections (d)(1) and (d)(3) of this

section, apply to service performed by employees of such

instrumentality in any policeman's or fireman's position covered by

a retirement system, but only upon compliance, to the extent

practicable, with the requirements of subsection (d)(3) of this

section. For the purpose of the preceding sentence, a retirement

system which covers positions of policemen or firemen or both, and

other positions shall, if the instrumentality concerned so desires,

be deemed to be a separate retirement system with respect to the

positions of such policemen or firemen, or both, as the case may

be.

(h) Delegation of functions

The Commissioner of Social Security is authorized, pursuant to

agreement with the head of any Federal agency, to delegate any of

the Commissioner's functions under this section to any officer or

employee of such agency and otherwise to utilize the services and

facilities of such agency in carrying out such functions, and

payment therefor shall be in advance or by way of reimbursement, as

may be provided in such agreement.

(i) Wisconsin Retirement Fund

(1) Notwithstanding paragraph (1) of subsection (d) of this

section, the agreement with the State of Wisconsin may, subject to

the provisions of this subsection, be modified so as to apply to

service performed by employees in positions covered by the

Wisconsin retirement fund or any successor system.

(2) All employees in positions covered by the Wisconsin

retirement fund at any time on or after January 1, 1951, shall, for

the purposes of subsection (c) only, be deemed to be a separate

coverage group; except that there shall be excluded from such

separate coverage group all employees in positions to which the

agreement applies without regard to this subsection.

(3) The modification pursuant to this subsection shall exclude

(in the case of employees in the coverage group established by

paragraph (2) of this subsection) service performed by any

individual during any period before he is included under the

Wisconsin retirement fund.

(4) The modification pursuant to this subsection shall, if the

State of Wisconsin requests it, exclude (in the case of employees

in the coverage group established by paragraph (2) of this

subsection) all service performed in policemen's positions, all

service performed in firemen's positions, or both.

(j) Certain positions no longer covered by retirement systems

Notwithstanding subsection (d) of this section, an agreement with

any State entered into under this section prior to September 1,

1954 may, prior to January 1, 1958, be modified pursuant to

subsection (c)(4) of this section so as to apply to services

performed by employees, as members of any coverage group to which

such agreement already applies (and to which such agreement applied

on September 1, 1954), in positions (1) to which such agreement

does not already apply, (2) which were covered by a retirement

system on the date such agreement was made applicable to such

coverage group, and (3) which, by reason of action by such State or

political subdivision thereof, as may be appropriate, taken prior

to September 1, 1954, are no longer covered by a retirement system

on the date such agreement is made applicable to such services.

(k) Certain employees of State of Utah

Notwithstanding the provisions of subsection (d) of this section,

the agreement with the State of Utah entered into pursuant to this

section may be modified pursuant to subsection (c)(4) of this

section so as to apply to services performed for any of the

following, the employees performing services for each of which

shall constitute a separate coverage group: Weber Junior College,

Carbon Junior College, Dixie Junior College, Central Utah

Vocational School, Salt Lake Area Vocational School, Center for the

Adult Blind, Union High School (Roosevelt, Utah), Utah High School

Activities Association, State Industrial School, State Training

School, State Board of Education, and Utah School Employees

Retirement Board. Any modification agreed to prior to January 1,

1955, may be made effective with respect to services performed by

employees as members of any of such coverage groups after an

effective date specified therein, except that in no case may any

such date be earlier than December 31, 1950. Coverage provided for

in this subsection shall not be affected by a subsequent change in

the name of a group.

(l) Policemen and firemen in certain States

Any agreement with a State entered into pursuant to this section

may, notwithstanding the provisions of subsection (d)(5)(A) of this

section and the references thereto in subsections (d)(1) and (d)(3)

of this section, be modified pursuant to subsection (c)(4) of this

section to apply to service performed by employees of such State or

any political subdivision thereof in any policeman's or fireman's

position covered by a retirement system in effect on or after

August 1, 1956, but only upon compliance with the requirements of

subsection (d)(3) of this section. For the purposes of the

preceding sentence, a retirement system which covers positions of

policemen or firemen, or both, and other positions shall, if the

State concerned so desires, be deemed to be a separate retirement

system with respect to the positions of such policemen or firemen,

or both, as the case may be.

(m) Positions compensated solely on a fee basis

(1) Notwithstanding any other provision in this section, an

agreement entered into under this section may be made applicable to

service performed after 1967 in any class or classes of positions

compensated solely on a fee basis to which such agreement did not

apply prior to 1968 only if the State specifically requests that

its agreement be made applicable to such service in such class or

classes of positions.

(2) Notwithstanding any other provision in this section, an

agreement entered into under this section may be modified, at the

option of the State, at any time after 1967, so as to exclude

services performed in any class or classes of positions

compensation for which is solely on a fee basis.

(3) Any modification made under this subsection shall be

effective with respect to services performed after the last day of

the calendar year in which the modification is mailed or delivered

by other means to the Commissioner of Social Security.

(4) If any class or classes of positions have been excluded from

coverage under the State agreement by a modification agreed to

under this subsection, the Commissioner of Social Security and the

State may not thereafter modify such agreement so as to again make

the agreement applicable with respect to such class or classes of

positions.

(n) Optional medicare coverage of current employees

(1) The Commissioner of Social Security shall, at the request of

any State, enter into or modify an agreement with such State under

this section for the purpose of extending the provisions of

subchapter XVIII of this chapter, and sections 426 and 426-1 of

this title, to services performed by employees of such State or any

political subdivision thereof who are described in paragraph (2).

(2) This subsection shall apply only with respect to employees -

(A) whose services are not treated as employment as that term

applies under section 410(p) of this title by reason of paragraph

(3) of such section; and

(B) who are not otherwise covered under the State's agreement

under this section.

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

services covered under an agreement pursuant to this subsection

shall be treated as "medicare qualified government employment".

(4) Except as otherwise provided in this subsection, the

provisions of this section shall apply with respect to services

covered under the agreement pursuant to this subsection.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 218, as added Aug. 28,

1950, ch. 809, title I, Sec. 106, 64 Stat. 514; amended June 28,

1952, ch. 483, 66 Stat. 285; Aug. 15, 1953, ch. 504, Sec. 1, 67

Stat. 587; Sept. 1, 1954, ch. 1206, title I, Sec. 101(a)(5), (6),

(h)(1)-(8), (i)(1), (2), (j), 68 Stat. 1055-1059; Aug. 1, 1956, ch.

836, title I, Secs. 103(f), (g), 104(e), (g), 70 Stat. 823, 825,

826; Pub. L. 85-226, Aug. 30, 1957, 71 Stat. 511; Pub. L. 85-227,

Sec. 1, Aug. 30, 1957, 71 Stat. 512; Pub. L. 85-229, Aug. 30, 1957,

71 Stat. 513; Pub. L. 85-787, Secs. 1, 2, Aug. 27, 1958, 72 Stat.

939; Pub. L. 85-798, Secs. 2, 3, Aug. 28, 1958, 72 Stat. 964, 965;

Pub. L. 85-840, title III, Sec. 315(a)-(c)(1), Aug. 28, 1958, 72

Stat. 1038-1040; Pub. L. 86-284, Sec. 2, Sept. 16, 1959, 73 Stat.

566; Pub. L. 86-624, Sec. 30(e), (f), July 12, 1960, 74 Stat. 420;

Pub. L. 86-778, title I, Secs. 102(a), (b)(1), (c)(1), (2), (d),

(e), (f)(1), (g), (l), 103(i), (j)(2)(G), Sept. 13, 1960, 74 Stat.

928-930, 934, 936-938; Pub. L. 87-64, title I, Secs. 106, 107, June

30, 1961, 75 Stat. 139, 140; Pub. L. 87-878, Sec. 2, Oct. 24, 1962,

76 Stat. 1202; Pub. L. 88-350, Sec. 2, July 2, 1964, 78 Stat. 240;

Pub. L. 88-382, July 23, 1964, 78 Stat. 335; Pub. L. 89-97, title

I, Sec. 108(b), title III, Secs. 314, 315, July 30, 1965, 79 Stat.

338, 385; Pub. L. 90-248, title I, Secs. 116(a)-(b)(2), (c), (d),

117, 119(a), 120(a), 121, 122(d), Jan. 2, 1968, 81 Stat. 840-844;

Pub. L. 90-486, Sec. 7, Aug. 13, 1968, 82 Stat. 759; Pub. L.

92-603, title I, Sec. 126, Oct. 30, 1972, 86 Stat. 1358; Priv. L.

93-107, Sec. 2, Dec. 31, 1974, 88 Stat. 2386; Pub. L. 95-216, title

III, Secs. 319-321, 353(b), Dec. 20, 1977, 91 Stat. 1541, 1553;

Pub. L. 96-265, title V, Sec. 503(a), June 9, 1980, 94 Stat. 470;

Pub. L. 98-21, title I, Sec. 103(a), title III, Secs. 325(a),

342(a), Apr. 20, 1983, 97 Stat. 71, 126, 136; Pub. L. 98-369, div.

B, title VI, Sec. 2663(a)(13), (j)(2)(A)(ii), (3)(A)(iii), July 18,

1984, 98 Stat. 1164, 1170; Pub. L. 99-272, title XII, Sec.

12110(a), (b), title XIII, Sec. 13205(c), Apr. 7, 1986, 100 Stat.

287, 317; Pub. L. 99-509, title IX, Sec. 9002(c)(1), (2)(C)-(E),

Oct. 21, 1986, 100 Stat. 1971, 1972; Pub. L. 99-514, title XVIII,

Sec. 1883(a)(8), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100-203,

title IV, Sec. 4009(j)(7), title IX, Sec. 9023(c), Dec. 22, 1987,

101 Stat. 1330-59, 1330-296; Pub. L. 101-239, title X, Sec.

10208(d)(2)(A)(v), Dec. 19, 1989, 103 Stat. 2481; Pub. L. 101-508,

title XI, Sec. 11332(c), Nov. 5, 1990, 104 Stat. 1388-470; Pub. L.

103-296, title I, Sec. 107(a)(4), title III, Secs. 303(c), (d),

305(a), (b), 321(a)(18), (c)(6)(I), Aug. 15, 1994, 108 Stat. 1478,

1519, 1521, 1537, 1538.)

-REFTEXT-

REFERENCES IN TEXT

Section 6 of the National Guard Technicians Act of 1968, referred

to in subsec. (b)(5), is section 6 of Pub. L. 90-486, which is set

out as a note under section 709 of Title 32, National Guard.

The Internal Revenue Code of 1986, referred to in subsec. (e)(3),

is classified to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1994 - Subsecs. (a)(1), (c)(4). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c)(6)(F). Pub. L. 103-296, Sec. 321(a)(18), realigned

margin.

Subsec. (c)(8). Pub. L. 103-296, Sec. 303(c), (d), substituted

"at any time" for "on or after January 1, 1968,", 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

subparagraph (B) for any calendar year commencing on or after

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

calendar year" for "$100", substituted "Any modification of an

agreement pursuant to this paragraph shall be effective with

respect to services performed in and after the calendar year in

which the modification is mailed or delivered by other means to the

Secretary." for "Any modification of an agreement pursuant to this

paragraph shall be effective with respect to services performed

after an effective date, specified in such modification, which

shall not be earlier than the last day of the calendar quarter in

which the modification is mailed or delivered by other means to the

Secretary.", inserted subpar. (A) designation, and added subpar.

(B).

Pub. L. 103-296, Sec. 107(a)(4), in par. (8) as amended by Pub.

L. 103-296, Sec. 303(c), (d), substituted "Commissioner of Social

Security" for "Secretary" in last sentence of subpar. (A) and in

introductory and closing provisions of subpar. (B).

Subsec. (d)(3), (6)(F), (7). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (d)(8)(D). Pub. L. 103-296, Sec. 305(b), substituted

"State agreements modified as provided in" for "agreements with the

States named in".

Subsec. (e)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (e)(3). Pub. L. 103-296, Sec. 321(c)(6)(I), substituted

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

Subsecs. (g)(1), (h). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary" in

subsecs. (g)(1) and (h) and "the Commissioner's" for "his" in

subsec. (h).

Subsec. (l). Pub. L. 103-296, Sec. 305(a), struck out par. (1)

designation before "Any agreement with", substituted "a State

entered into pursuant to this section" for "the State of Alabama,

California, Florida, Georgia, Hawaii, Idaho, Kansas, Maine,

Maryland, Mississippi, Montana, New York, North Carolina, North

Dakota, Oregon, Puerto Rico, South Carolina, South Dakota,

Tennessee, Texas, Vermont, Virginia, or Washington entered into

pursuant to this section prior to August 1, 1956,", and struck out

par. (2) which read as follows: "A State, not otherwise listed by

name in paragraph (1), shall be deemed to be a State listed in such

paragraph for the purpose of extending coverage under this

subchapter to service in firemen's positions covered by a

retirement system, if the governor of the State, or an official of

the State designated by him for the purpose, certifies to the

Secretary that the overall benefit protection of the employees in

such positions would be improved by reason of the extension of such

coverage to such employees. Notwithstanding the provisions of the

second sentence of such paragraph (1), such firemen's positions

shall be deemed a separate retirement system and no other positions

shall be included in such system."

Subsecs. (m)(3), (4), (n)(1). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

1990 - Subsec. (c)(6)(F). Pub. L. 101-508 added subpar. (F).

1989 - Subsec. (c)(5). Pub. L. 101-239 substituted "subparagraph

(B) of section 409(a)(7)" for "paragraph (2) of section 409(h)".

1987 - Subsec. (n). Pub. L. 100-203, Sec. 9023(c), redesignated

subsec. (v) as (n), redesignated pars. (4) and (5) as (3) and (4),

respectively, and struck out former par. (3) which had previously

been struck out of subsec. (v) by section 4009(j)(7) of Pub. L.

100-203 prior to its redesignation as subsec. (n) by Pub. L.

100-203, Sec. 9023(c)(1). See below.

Subsec. (v). Pub. L. 100-203, Sec. 9023(c)(1), redesignated

subsec. (v) as (n).

Subsec. (v)(3). Pub. L. 100-203, Sec. 4009(j)(7), struck out par.

(3) which read as follows: "Payments by the State required under

subsection (e) of this section with respect to employees covered

under this subsection shall be limited to amounts equivalent to the

sum of the taxes which would be imposed by sections 3101(b) and

3111(b) of the Internal Revenue Code of 1954 if such services for

which wages were paid to such employees constituted 'employment' as

defined in section 3121 of such Code."

1986 - Subsec. (d)(6). Pub. L. 99-509, Sec. 9002(c)(2)(C),

substituted "subsection (e)" for "subsection (f)" in subpar. (A),

and "subsection (e)(1)" for "subsection (f)(1)" in subpar. (F).

Subsec. (d)(8)(D). Pub. L. 99-509, Sec. 9002(c)(2)(D),

substituted "subsection (l)" for "subsection (p)".

Subsec. (e). Pub. L. 99-509, Sec. 9002(c)(1), (2)(E),

redesignated subsec. (f) as (e), substituted "Any agreement" for

"Except as provided in subsection (e)(2) of this section, any

agreement", and struck out former subsec. (e) which required that

agreements under this section include certain provisions relating

to payments and reports by States and allowed inclusion of certain

provisions relating to employees employed by two or more political

subdivisions of a State.

Subsec. (f). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (f)(1). Pub. L. 99-272, Sec. 12110(a), substituted "is

mailed or delivered by other means to the Secretary" for "is agreed

to by the Secretary and the State".

Subsec. (g). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (k) as (g). Former subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (l) as (h) and struck out former subsec. (h) which required

that amounts received by the Secretary of the Treasury under an

agreement made under this section be deposited in the Trust Funds

and the Federal Hospital Insurance Trust Fund in certain ratio and

provided for adjustment of amount due if more or less than correct

amount due is paid.

Subsec. (i). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (m) as (i) and struck out former subsec. (i), relating to

regulations of the Secretary.

Subsec. (j). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (n) as (j) and struck out former subsec. (j) which read as

follows: "In case any State does not make, at the time or times

due, the payments provided for under an agreement pursuant to this

section, there shall be added, as part of the amounts due, interest

at the rate of 6 per centum per annum from the date due until paid,

and the Secretary may, in his discretion, deduct such amounts plus

interest from any amounts certified by him to the Secretary of the

Treasury for payment to such State under any other provision of

this chapter. Amounts so deducted shall be deemed to have been paid

to the State under such other provision of this chapter. Amounts

equal to the amounts deducted under this subsection are hereby

appropriated to the Trust Funds in the ratio in which amounts are

deposited in such Funds pursuant to subsection (h)(1) of this

section."

Subsec. (k). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (o) as (k). Former subsec. (k) redesignated (g).

Subsec. (l). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (p) as (l). Former subsec. (l) redesignated (h).

Subsec. (m). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (u) as (m). Former subsec. (m) redesignated (i).

Pub. L. 99-514 substituted "Retirement Fund" for "retirement

fund" in heading.

Subsec. (n) to (p). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsecs. (n) to (p) as (j) to (l), respectively.

Subsec. (q). Pub. L. 99-509, Sec. 9002(c)(1), struck out subsec.

(q) which provided time limitations on liability of States for

amounts due under agreements under this section.

Subsec. (r). Pub. L. 99-509, Sec. 9002(c)(1), struck out subsec.

(r) which provided time limitations on credits and refunds of

overpayments by States under agreements under this section.

Subsec. (s). Pub. L. 99-509, Sec. 9002(c)(1), struck out subsec.

(s) which related to review by Secretary.

Subsec. (t). Pub. L. 99-509, Sec. 9002(c)(1), struck out subsec.

(t) which provided for judicial review of decisions by Secretary of

Health and Human Services under former subsec. (s) of this section.

Subsec. (u). Pub. L. 99-509, Sec. 9002(c)(1), redesignated

subsec. (u) as (m).

Subsec. (u)(3). Pub. L. 99-272, Sec. 12110(b), substituted "is

mailed or delivered by other means to the Secretary" for "is agreed

to by the Secretary and the State".

Subsec. (v). Pub. L. 99-272, Sec. 13205(c), added subsec. (v).

Subsec. (w). Pub. L. 99-509, Sec. 9002(c)(1), struck out subsec.

(w) which read as follows: "Notwithstanding sections 3125(a),

6205(a)(5), 6413(a)(5), and 6413(c)(2)(G) of the Internal Revenue

Code of 1954, any State shall make payments of the taxes imposed

with respect to services of employees of such State and of a

political subdivision thereof under sections 3101(b) and 3111(b) of

such Code, and reports of such services, under the same procedures

as apply to payments and reports under subsection (e) of this

section, but only if any employees of such State or of such

political subdivision thereof respectively are covered under an

agreement pursuant to this section."

Pub. L. 99-272, Sec. 13205(c), added subsec. (w).

1984 - Subsecs. (a)(1), (c)(4), (d)(3), (7), (h)(2), (3). Pub. L.

98-369, Sec. 2663(j)(3)(A)(iii), struck out "of Health, Education,

and Welfare" after "Secretary" wherever appearing.

Subsec. (i). Pub. L. 98-369, Sec. 2663(j)(3)(A)(iii), struck out

"of Health, Education, and Welfare" after "Secretary".

Pub. L. 98-369, Sec. 2663(a)(13), substituted "chapter 21 and

subtitle F of the Internal Revenue Code of 1954" for "subchapter A

or E of chapter 9 of the Internal Revenue Code of 1939".

Subsecs. (j), (k)(1), (l), (p)(2). Pub. L. 98-369, Sec.

2663(j)(3)(A)(iii), struck out "of Health, Education, and Welfare"

after "Secretary" wherever appearing.

Subsecs. (q)(4)(B), (6)(B), (r)(1). Pub. L. 98-369, Sec.

2663(j)(2)(A)(ii), substituted "Secretary of Health and Human

Services" for "Secretary of Health, Education, and Welfare"

wherever appearing.

1983 - Subsec. (e)(1)(A). Pub. L. 98-21, Sec. 342(a), amended

subpar. (A) generally, designating existing provisions as cl. (i),

and in (i) as so designated, substituting "on the last day of each

calendar month" for "within the thirty-day period immediately

following the last day of each calendar month" and inserting "with

respect to the period which includes the first fifteen days of such

calendar month" before "if the services", and adding cl. (ii).

Subsec. (g). Pub. L. 98-21, Sec. 103(a), amended subsec. (g)

generally, substituting provision that no agreement under this

section may be terminated on or after April 20, 1983, for provision

that had authorized the termination of agreements of States with

the Secretary conditioned upon the giving of advance notice.

Subsec. (o). Pub. L. 98-21, Sec. 325(a), inserted provision that

coverage provided for in this subsection shall not be affected by a

subsequent change in the name of a group.

1980 - Subsec. (e)(1)(A). Pub. L. 96-265, Sec. 503(a),

substituted "(A) that the State will pay to the Secretary of the

Treasury, within the thirty-day period immediately following the

last day of each calendar month, amounts equivalent to the sum of

the taxes which would be imposed by sections 3101 and 3111 of the

Internal Revenue Code of 1954 if the services for which wages were

paid in such month to employees covered by the agreement

constituted employment as defined in section 3121 of such Code" for

"(A) that the State will pay to the Secretary of the Treasury, at

such time or times as the Secretary of Health, Education, and

Welfare may by regulations prescribe, amounts equivalent to the sum

of the taxes which would be imposed by sections 1400 and 1410 of

the Internal Revenue Code of 1939, if the services of employees

covered by the agreement constituted employment as defined in

section 1426 of the Internal Revenue Code of 1939".

1977 - Subsec. (c)(8). Pub. L. 95-216, Sec. 353(b)(1),

substituted "year" for "quarter" and "$100" for "$50".

Subsec. (d)(6)(C). Pub. L. 95-216, Sec. 320, inserted reference

to New Jersey.

Subsec. (g)(1). Pub. L. 95-216, Sec. 353(b)(2), substituted

"year" for "quarter".

Subsec. (m)(1). Pub. L. 95-216, Sec. 321, inserted "or any

successor system" after "Wisconsin retirement fund".

Subsec. (p)(1). Pub. L. 95-216, Sec. 319, inserted reference to

Mississippi.

Subsec. (q)(4)(B). Pub. L. 95-216, Sec. 353(b)(3), substituted

references to calendar years for references to calendar quarters

wherever appearing.

Subsec. (q)(6)(B). Pub. L. 95-216, Sec. 353(b)(4), substituted

"period or periods designated by the State in such wage reports as

the period or" for "calendar quarters designated by the State in

such wage reports as the".

Subsec. (r)(1). Pub. L. 95-216, Sec. 353(b)(5), in provisions

preceding cl. (A) and in cl. (B) substituted "year" for "quarter",

and in cl. (A) struck out "in which occurred the calendar quarter"

after "year".

1974 - Subsec. (p)(1). Priv. L. 93-107 inserted "Montana," after

"Maryland,".

1972 - Subsec. (p)(1). Pub. L. 92-603 inserted "Idaho," after

"Hawaii,".

1968 - Subsec. (b)(5). Pub. L. 90-486 substituted provisions

pertaining to the coverage of persons employed under section 709 of

title 32, who elected under section 6 of the National Guard

Technicians Act of 1968 to remain covered by an employee retirement

system of, or plan sponsored by, a state or the Commonwealth of

Puerto Rico, such persons, for the purposes of this chapter, to be

considered employees of the state or the Commonwealth of Puerto

Rico, for provisions pertaining to the coverage of civilian

employees of National Guard units of a state who are employed

pursuant to section 42 of title 32, and who are paid from funds

allotted to such units by the Department of the Defense, such

persons, for the purposes of this section, to be deemed employees

of the state.

Subsec. (c)(3). Pub. L. 90-248, Sec. 116(b)(1)(A), struck out

subpar. (A) which provided for the exclusion of any service of an

emergency nature and redesignated subpars. (B) and (C) as (A) and

(B), respectively.

Subsec. (c)(4). Pub. L. 90-248, Sec. 116(b)(1)(B), substituted

"(3)(B)" for "(3)(C)".

Subsec. (c)(6)(E). Pub. L. 90-248, Sec. 116(b)(2), added subpar.

(E).

Subsec. (c)(7). Pub. L. 90-248, Sec. 116(b)(1)(B), substituted

"(3)(B)" for "(3)(C)".

Subsec. (c)(8). Pub. L. 90-248, Sec. 116(c), added par. (8).

Subsec. (d)(4)(C). Pub. L. 90-248, Sec. 116(b)(1)(C), substituted

"(c)(3)(B)" for "(c)(3)(C)".

Subsec. (d)(5)(B). Pub. L. 90-248, Sec. 116(b)(1)(B), substituted

"(3)(B)" for "(3)(C)" wherever appearing.

Subsec. (d)(6)(C). Pub. L. 90-248, Sec. 117, inserted "Illinois,"

after "Georgia,".

Subsec. (d)(6)(D). Pub. L. 90-248, Sec. 116(a), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (d)(6)(F). Pub. L. 90-248, Sec. 116(d), substituted

"1970" for "1967".

Subsec. (f)(3). Pub. L. 90-248, Sec. 121, added par. (3).

Subsec. (p). Pub. L. 90-248, Secs. 119(a), 120(a), designated

existing provisions as par. (1), inserted "Puerto Rico," after

"Oregon,", and added par. (2).

Subsec. (u). Pub. L. 90-248, Sec. 122(d), added subsec. (u).

1965 - Subsec. (d)(6)(C). Pub. L. 89-97, Sec. 314, inserted

"Alaska," before "California".

Subsec. (d)(6)(F). Pub. L. 89-97, Sec. 315, substituted "1967"

for "1963".

Subsec. (h)(1). Pub. L. 89-97, Sec. 108(b), substituted "Trust

Funds and the Federal Hospital Insurance Trust Fund in the ratio in

which amounts are appropriated to such Funds pursuant to subsection

(a)(3) of section 401 of this title, subsection (b)(1) of such

section, and subsection (a)(1) of section 1395i of this title,

respectively" for "Trust Funds in the ratio in which amounts are

appropriated to such Funds pursuant to subsections (a)(3) and

(b)(1) of section 401 of this title".

1964 - Subsec. (d)(6)(C). Pub. L. 88-382 included retirement

systems established by Nevada.

Subsec. (p). Pub. L. 88-350 inserted reference to Texas.

1962 - Subsec. (p). Pub. L. 87-878 inserted reference to Maine.

1961 - Subsec. (d)(6)(C). Pub. L. 87-64, Sec. 107, included

retirement system established by the State of New Mexico.

Subsec. (d)(6)(F). Pub. L. 87-64, Sec. 106, substituted "prior to

1963 or, if later, the expiration of two years after the date" for

"prior to 1960 or, if later the expiration of one year after the

date", and inserted sentence providing that any such modification

or later modification, providing for the transfer of additional

positions within a retirement system previously divided pursuant to

subpar. (C) to the separate retirement system composed of positions

of members who desire coverage, shall be effective with respect to

services performed after the same effective date as that which was

specified in the case of such previous division.

1960 - Subsec. (b)(1). Pub. L. 86-778, Sec. 103(i), excluded Guam

and American Samoa from definition of "State".

Subsec. (c)(6)(C). Pub. L. 86-778, Sec. 103(j)(2)(G), substituted

"section 410(k)" for "section 410(l)".

Subsec. (d)(3). Pub. L. 86-778, Sec. 102(a)(1), authorized

certification by an official of the State designated by the

Governor for that purpose.

Subsec. (d)(6). Pub. L. 86-624, Sec. 30(e), substituted "Hawaii"

for "the Territory of Hawaii" in cl. (C) and (G), and struck out

"or Territory" after "State" in two places in cl. (C) and in seven

places in cl. (G).

Subsec. (d)(6)(A). Pub. L. 86-778, Sec. 102(c)(2), authorized a

State, where a retirement system covering positions of employees of

a State and positions of employees of one or more political

subdivisions of the State, or covering positions of employees of

two or more political subdivisions of the State, is not divided

into separate retirement systems, to deem the system, for purposes

of subsec. (f) of this section, to be a separate retirement system

with respect to any one or more of the political subdivisions

concerned and, where the retirement system covers positions of

employees of the State, a separate retirement system with respect

to the State or any one or more of the political subdivisions

concerned.

Subsec. (d)(6)(B). Pub. L. 86-778, Sec. 102(g), inserted

sentences providing that if a retirement system covers positions of

employees of a hospital which is an integral part of a political

subdivision, then, for purposes of preceding paragraphs there

shall, if the State so desires, be deemed to be a separate

retirement system for the employees of such hospital.

Subsec. (d)(6)(C). Pub. L. 86-778, Sec. 102(b)(1), (l), inserted

sentence requiring the positions of individuals, who become members

of a separate retirement system which has been divided into two

divisions or parts by reason of action taken by a political

subdivision after coverage under an agreement under this section

has been extended to the division or part thereof composed of

positions of individuals who desire such coverage, to be included

in the division or part of such system composed of positions of

members who do not desire such coverage if such individuals, on the

day before becoming such members, were in the division or part of

another separate retirement system composed of positions of members

who do not desire coverage under an agreement and all of the

positions in the system of which such individuals so become members

and all of the positions in the separate retirement system would

have been covered by a single retirement system if the State had

not taken action to provide for separate retirement systems, and

included retirement systems established by the State of Texas.

Subsec. (d)(7). Pub. L. 86-778, Sec. 102(a)(2), included

certifications made by an official of the State designated by the

Governor for that purpose.

Subsec. (e). Pub. L. 86-778, Sec. 102(e)(1), designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), and added par. (2).

Subsec. (f)(1). Pub. L. 86-778, Sec. 102(c)(1), (e)(2), inserted

exception to subsection (e)(2) of this section, and substituted

provisions restricting the effective date of any agreement of

modification to a date not earlier than the last day of the sixth

calendar year preceding the year in which such agreement or

modification is agreed to by the Secretary and the State for

provisions which specified the effective date of agreements or

modifications entered into prior to 1960 and which limited the

effective date of agreements or modifications entered into after

1959 to a date not earlier than the last day of the calendar year

preceding the year in which such agreement or modification is

agreed to by the Secretary and the State.

Subsec. (p). Pub. L. 86-778, Sec. 102(d), inserted reference to

Virginia.

Pub. L. 86-624, Sec. 30(f), substituted "Hawaii" for "Territory

of Hawaii".

Subsecs. (q) to (t). Pub. L. 86-778, Sec. 102(f)(1), added

subsecs. (q) to (t).

1959 - Subsec. (p). Pub. L. 86-284 inserted reference to

California, Kansas, North Dakota, and Vermont.

1958 - Subsec. (d)(6). Pub. L. 85-840, Sec. 315(a)(1), designated

first sentence as subpar. (A), second and third sentences as

subpar. (B), fourth sentence as subpar. (C), fifth sentence as

subpar. (D), and sixth sentence as subpar. (G), added subpars. (E)

and (F), and amended subpar. (C) to include retirement systems

established by the States of Massachusetts and Vermont.

Pub. L. 85-787 added Massachusetts and Vermont to States

authorized to divide their retirement systems into two parts, and

inserted sentence permitting transfer, in cases of divided

retirement system, of members not desiring coverage to system of

members desiring coverage.

Subsec. (d)(7). Pub. L. 85-840, Sec. 315(a)(2), substituted

"(created under subparagraph (C) of paragraph (6) of this

subsection or the corresponding provision of prior law)" for

"(created under the fourth sentence of paragraph (6) of this

subsection)", and "subparagraphs (C) and (D) of paragraph (6) of

this subsection or the corresponding provision of prior law" for

"the fourth and fifth sentences of paragraph (6) of this

subsection".

Subsec. (d)(8). Pub. L. 85-840, Sec. 315(b), added par. (8).

Subsec. (f). Pub. L. 85-840, Sec. 315(c)(1), designated existing

provisions as par. (1), redesignated cls. (1) to (4) of par. (1) as

cls. (A) to (D), and added par. (2).

Subsec. (k)(2). Pub. L. 85-840, Sec. 315(a)(3), inserted

provisions requiring an individual who is in a position covered by

a retirement system divided pursuant to the preceding sentence and

who is not a member of such system but is eligible to become a

member thereof to be regarded, for the purposes of this subsection,

as a member of such system, and providing for coverage under the

agreement of any such individual.

Subsec. (k)(3). Pub. L. 85-798, Sec. 2, added par. (3).

Subsec. (p). Pub. L. 85-798, Sec. 3, included agreements with the

State of Washington.

1957 - Subsec. (d)(6). Pub. L. 85-227 authorized the States of

California, Connecticut, Minnesota, and Rhode Island, or any

political subdivisions thereof, to divide their retirement system

into two divisions or parts.

Subsec. (d)(7). Pub. L. 85-229 added par. (7).

Subsec. (f)(3). Pub. L. 85-226, Sec. 3, added par. (3). Former

par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 85-226, Sec. 3, redesignated former par.

(3) as (4), and substituted "1959" for "1957".

Subsec. (k). Pub. L. 85-226, Sec. 1, redesignated existing

provisions as par. (1) and added par. (2).

Subsec. (p). Pub. L. 85-226, Sec. 2, included agreements with the

States of Alabama, Georgia, Maryland, New York, and Tennessee, or

the Territory of Hawaii.

1956 - Subsec. (d)(6). Act Aug. 1, 1956, Sec. 104(e), authorized

the State of Florida, Georgia, New York, North Dakota,

Pennsylvania, Tennessee, Washington, Wisconsin, or the Territory of

Hawaii, or any political subdivision thereof, to divide their

retirement system into two divisions or parts, and provided for a

separate retirement system with respect to employees of the States

of Florida, Georgia, Minnesota, North Dakota, Pennsylvania,

Washington, or the Territory of Hawaii who are compensated in whole

or in part from grants under subchapter III of this chapter.

Subsec. (h)(1). Act Aug. 1, 1956, Sec. 103(f), required amounts

to be deposited in the Trust Funds in the ratio in which amounts

are appropriated to such Funds pursuant to section 401(a)(3),

(b)(1), of this title.

Subsec. (j). Act Aug. 1, 1956, Sec. 103(g), substituted

"Secretary of Health, Education, and Welfare" for "Administrator",

and provided for appropriation of amounts in the ratio in which

amounts are deposited in the Trust Funds pursuant to subsection

(h)(1) of this section.

Subsec. (p). Act Aug. 1, 1956, Sec. 104(g), added subsec. (p).

1954 - Subsec. (b)(5). Act Sept. 1, 1954, Sec. 101(i)(1), (2),

inserted sentence at end relating to civilian employees of State

National Guard units and a sentence relating to certain State

inspectors of agricultural products.

Subsec. (c)(3). Act Sept. 1, 1954, Sec. 101(h)(3), inserted an

additional optional exclusion with respect to all services

performed by individuals as members of any coverage group who are

in positions covered by a retirement system on the date when the

group is brought under the agreement if these individuals are not

eligible to become members of the system on that date, or on any

later date when they first occupy the positions, and if they have

not already been included under the agreement by means of a

referendum.

Subsec. (c)(4). Act Sept. 1, 1954, Sec. 101(h)(4), inserted

sentence at end.

Subsec. (c)(5). Act Sept. 1, 1954, Sec. 101(a)(5), (6),

substituted "paragraph (7)" for "paragraph (8)," and inserted at

end "and service the remuneration for which is excluded from wages

by paragraph (2) of section 209(h)".

Subsec. (c)(6)(D). Act Sept. 1, 1954, Sec. 101(a)(5), substituted

"paragraph (7)" for "paragraph (8)".

Subsec. (c)(7). Act Sept. 1, 1954, Sec. 101(h)(5), added par.

(7).

Subsec. (d). Act Sept. 1, 1954, Sec. 101(h)(1)(A), struck out

"Exclusion of" in heading, redesignated the subsection as (d)(1),

and inserted sentence at end.

Subsec. (d)(1). Act Sept. 1, 1954, Sec. 101(h)(1)(B), inserted

provision in first sentence making the prohibition inapplicable to

service in positions which though covered by a retirement system on

the enactment date, were, by reason of action taken prior to the

enactment date by the appropriate governmental unit, no longer

covered by a retirement system when the coverage group which

included employees in such positions was brought under an

agreement.

Subsec. (d)(2) to (6). Act Sept. 1, 1954, Sec. 101(h)(2), added

pars. (2) to (6).

Subsec. (f). Act Sept. 1, 1954, Sec. 101(h)(6), permitted

agreements or modifications entered into during 1955, 1956, and

1957 to be made retroactive to a date not earlier than December 31,

1954.

Subsec. (m)(1). Act Sept. 1, 1954, Sec. 101(h)(7), substituted

"paragraph (1) of subsection (d)" for "subsection (d)".

Subsec. (n). Act Sept. 1, 1954, Sec. 101(h)(8), added subsec.

(n).

Subsec. (o). Act Sept. 1, 1954, Sec. 101(j), added subsec. (l).

1953 - Subsec. (m). Act Aug. 15, 1953, added subsec. (m).

1952 - Subsec. (f). Act June 28, 1952, substituted "January 1,

1954" for "January 1, 1953".

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 303(c) of Pub. L. 103-296 applicable with

respect to service performed on or after Jan. 1, 1995, see section

303(e) of Pub. L. 103-296, set out as a note under section 410 of

this title.

Section 305(c) of Pub. L. 103-296 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to modifications filed by States after the date of the

enactment of this Act [Aug. 15, 1994]."

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 1986 AMENDMENTS

Amendment by section 1883(a)(8) 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 9002(d) of Pub. L. 99-509 provided that: "The amendments

made by this section [enacting section 3126 of Title 26, Internal

Revenue Code, amending this section and sections 405 and 424a of

this title and sections 1402, 3121, and 3306 of Title 26, and

renumbering former section 3126 of Title 26 as section 3127] are

effective with respect to payments due with respect to wages paid

after December 31, 1986, including wages paid after such date by a

State (or political subdivision thereof) that modified its

agreement pursuant to the provisions of section 218(e)(2) of the

Social Security Act [subsec. (e)(2) of this section] prior to the

date of the enactment of this Act [Oct. 21, 1986]; except that in

cases where, in accordance with the currently applicable schedule,

deposits of taxes due under an agreement entered into pursuant to

section 218 of the Social Security Act would be required within 3

days after the close of an eighth-monthly period, such 3-day

requirement shall be changed to a 7-day requirement for wages paid

prior to October 1, 1987, and to a 5-day requirement for wages paid

after September 30, 1987, and prior to October 1, 1988. For wages

paid prior to October 1, 1988, the deposit schedule for taxes

imposed under sections 3101 and 3111 shall be determined separately

from the deposit schedule for taxes withheld under section 3402 [26

U.S.C. 3402] if the taxes imposed under sections 3101 and 3111 are

due with respect to service included under an agreement entered

into pursuant to section 218 of the Social Security Act."

Section 12110(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to agreements and modifications of agreements which are

mailed or delivered to the Secretary of Health and Human Services

(under section 218 of the Social Security Act [this section]) on or

after the date of the enactment of this Act [Apr. 7, 1986]."

Section 13205(d)(3) of Pub. L. 99-272 provided that: "The

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

apply to services performed after March 31, 1986."

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 103(b) of Pub. L. 98-21 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to any

agreement in effect under section 218 of the Social Security Act

[this section] on the date of the enactment of this Act [Apr. 20,

1983], without regard to whether a notice of termination is in

effect on such date, and to any agreement or modification thereof

which may become effective under such section 218 after that date."

Section 325(b) of Pub. L. 98-21 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to name changes made before, on, or after the date of the

enactment of this section [Apr. 20, 1983]."

Section 342(b) of Pub. L. 98-21 provided that: "The amendments

made by this section [amending this section] shall apply to

calendar months beginning after December 31, 1983."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 503(b) of Pub. L. 96-265 provided that: "The amendment

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

with respect to the payment of taxes (referred to in section

218(e)(1)(A) of the Social Security Act [subsec. (e)(1)(A) of this

section], as amended by subsection (a)) on account of wages paid on

or after July 1, 1980."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 353(g) of Pub. L. 95-216 provided that: "The amendments

made by subsection (b) of this section [amending this section]

shall apply with respect to remuneration paid after December 31,

1977, except that the amendment made by subsection (b)(2) shall

apply with respect to notices submitted by the States to the

Secretary after the date of the enactment of this Act [Dec. 20,

1977]. The amendments made by subsections (d) and (f)(2) [amending

sections 405 and 429 of this title] shall be effective January 1,

1978. Except as otherwise specifically provided, the remaining

amendments made by this section [amending sections 403, 424a, and

430 of this title] shall be effective January 1, 1979."

EFFECTIVE DATE OF 1968 AMENDMENTS

Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that

no deductions or withholding from salary which result therefrom

shall commence before first day of first pay period that begins on

or after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as

a note under section 709 of Title 32, National Guard.

Section 116(b)(3) of Pub. L. 90-248 provided that: "The

amendments made by this subsection [amending this section] shall be

effective with respect to services performed on or after January 1,

1968."

Section 120(c) of Pub. L. 90-248 provided that: "The amendment

made by this section [amending this section] shall apply in the

case of any State with respect to modifications of such State

agreement under section 218 of the Social Security Act [this

section] made after the date of enactment of this Act [Jan. 2,

1968]."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-64 effective Aug. 1, 1961, see section

109 of Pub. L. 87-64, set out as a note under section 402 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 102(b)(2) of Pub. L. 86-778 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply in the

case of transfers of positions (as described therein) which occur

on or after the date of enactment of this Act [Sept. 13, 1960].

Such amendment shall also apply in the case of such transfers in

any State which occurred prior to such date, but only upon request

of the Governor (or other official designated by him for the

purpose) filed with the Secretary of Health, Education, and Welfare

before July 1, 1961; and, in the case of any such request, such

amendment shall apply only with respect to wages paid on and after

the date on which such request is filed."

Section 102(c)(3) of Pub. L. 86-778 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply in the

case of any agreement or modification of an agreement under section

218 of the Social Security Act [this section] which is agreed to on

or after January 1, 1960; except that in the case of any such

agreement or modification agreed to before January 1, 1961, the

effective date specified therein shall not be earlier than December

31, 1955. The amendment made by paragraph (2) [amending this

section] shall apply in the case of any such agreement or

modification which is agreed to on or after the date of the

enactment of this Act [Sept. 13, 1960]."

Section 102(f)(3) of Pub. L. 86-778 provided that:

"(A) The amendments made by paragraphs (1) and (2) [amending this

section and section 405 of this title] shall become effective on

the first day of the second calendar year following the year in

which this Act is enacted [1960].

"(B) In any case in which the Secretary of Health, Education, and

Welfare has notified a State prior to the beginning of such second

calendar year that there is an amount due by such State, that such

State's claim for a credit or refund of an overpayment is

disallowed, or that such State has been allowed a credit or refund

of an overpayment, under an agreement pursuant to section 218 of

the Social Security Act [this section], then the Secretary shall be

deemed to have made an assessment of such amount due as provided in

section 218(q) of such Act or notified the State of such allowance

or disallowance, as the case may be, on the first day of such

second calendar year. In such a case the 90-day limitation in

section 218(s) of such Act shall not be applicable with respect to

the assessment so deemed to have been made or the notification of

allowance or disallowance so deemed to have been given the State.

However, the preceding sentences of this subparagraph shall not

apply if the Secretary makes an assessment of such amount due or

notifies the State of such allowance or disallowance on or after

the first day of the second calendar year following the year in

which this Act is enacted [1960] and within the period specified in

section 218(q) of the Social Security Act or the period specified

in section 218(r) of such Act, as the case may be."

Amendments by section 103(i) of Pub. L. 86-778 applicable only

with respect to service performed after 1960, and amendment by

section 103(j)(2)(G) 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.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 315(c)(2) of Pub. L. 85-840 provided that: "The amendment

made by this subsection [amending this section] shall apply in the

case of any agreement, or modification of an agreement, under

section 218 of the Social Security Act [this section], which is

executed after the date of enactment of this Act [Aug. 28, 1958]."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 101(h)(9) of act Sept. 1, 1954, provided that: "The

amendments made by this subsection, other than paragraph (1)(B)

[amending this section], shall take effect January 1, 1955."

Section 101(i)(1) of act Sept. 1, 1954, provided that the

amendment made by that section is effective as of January 1, 1951.

Section 101(i)(2) of act Sept. 1, 1954, provided that the

amendment made by that section is effective January 1, 1955.

Section 101(i)(3) of act Sept. 1, 1954, provided that: "In the

case of any coverage group to which the amendment made by paragraph

(1) [amending this section] is applicable, any agreement or

modification of an agreement agreed to prior to January 1, 1956,

may, notwithstanding section 218(f) of the Social Security Act

[subsec. (f) of this section], be made effective with respect to

services performed by employees as members of such coverage group

after any effective date specified therein, but in no case may such

effective date be earlier than December 31, 1950."

Section 101(j) of act Sept. 1, 1954, provided that the amendment

made by that section is effective as of January 1, 1951.

Amendment by section 101(a)(5), (6) of act Sept. 1, 1954, shall

be applicable only with respect to services (whether performed

after 1954 or prior to 1955) for which the remuneration is paid

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 1953 AMENDMENT

Section 2 of act Aug. 15, 1953, provided that: "For the purposes

of section 418(f) of the Social Security Act (relating to effective

date of agreements) [subsec. (f) of this section], the amendment

made by the first section of this Act [amending this section] shall

take effect as of January 1, 1951."

EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS, COLLEGES, OR

UNIVERSITIES

Pub. L. 105-277, div. J, title II, Sec. 2023, Oct. 21, 1998, 112

Stat. 2681-904, provided that:

"(a) In General. - Notwithstanding section 218 of the Social

Security Act [this section], any agreement with a State (or any

modification thereof) entered into pursuant to such section may, at

the option of such State, be modified at any time on or after

January 1, 1999, and on or before March 31, 1999, so as to exclude

service performed in the employ of a school, college, or university

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

regularly attending classes at such school, college, or university.

"(b) Effective Date of Modification. - Any modification of an

agreement pursuant to subsection (a) shall be effective with

respect to services performed after June 30, 2000.

"(c) Irrevocability of Modification. - If any modification of an

agreement pursuant to subsection (a) terminates coverage with

respect to service performed in the employ of a school, college, or

university, by a student who is enrolled and regularly attending

classes at such school, college, or university, the Commissioner of

Social Security and the State may not thereafter modify such

agreement so as to again make the agreement applicable to such

service performed in the employ of such school, college, or

university."

TREATMENT OF CERTAIN CREDITS AS AMOUNTS DEPOSITED IN SOCIAL

SECURITY TRUST FUNDS PURSUANT TO AGREEMENT

Section 123(b)(4) of Pub. L. 98-21, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "For purposes

of subsection (h) of section 218 of the Social Security Act

[subsec. (h) of this section] (relating to deposits in social

security trust funds of amounts received under section 218

agreements), amounts allowed as a credit pursuant to subsection (d)

of section 3510 of the Internal Revenue Code of 1986 [formerly

I.R.C. 1954] [26 U.S.C. 3510(d)] (relating to credit for

remuneration paid during 1984 which is covered under an agreement

under section 218 of the Social Security Act) shall be treated as

amounts received under such an agreement."

MODIFICATION OF AGREEMENT WITH STATE OF IOWA TO PROVIDE COVERAGE

FOR CERTAIN POLICEMEN AND FIREMEN

Section 9008 of Pub. L. 100-203 provided that:

"(a) In General. - Notwithstanding subsection (d)(5)(A) of

section 218 of the Social Security Act [subsec. (d)(5)(A) of this

section] and the references thereto in subsections (d)(1) and

(d)(3) of such section 218, the agreement with the State of Iowa

heretofore entered into pursuant to such section 218 may, at any

time prior to January 1, 1989, be modified pursuant to subsection

(c)(4) of such section 218 so as to apply to services performed in

policemen's or firemen's positions required to be covered by a

retirement system pursuant to section 410.1 of the Iowa Code as in

effect on July 1, 1953, if the State of Iowa has at any time prior

to the date of the enactment of this Act [Dec. 22, 1987] paid to

the Secretary of the Treasury, with respect to any of the services

performed in such positions, the sums prescribed pursuant to

subsection (e)(1) of such section 218 (as in effect on December 31,

1986, with respect to payments due with respect to wages paid on or

before such date).

"(b) Service To Be Covered. - Notwithstanding the provisions of

subsection (e) of section 218 of the Social Security Act (as so

redesignated by section 9002(c)(1) of the Omnibus Budget

Reconciliation Act of 1986)), any modification in the agreement

with the State of Iowa under subsection (a) shall be made effective

with respect to -

"(1) all services performed in any policemen's or firemen's

position to which the modification relates on or after January 1,

1987, and

"(2) all services performed in such a position before January

1, 1987, with respect to which the State of Iowa has paid to the

Secretary of the Treasury the sums prescribed pursuant to

subsection (e)(1) of such section 218 (as in effect on December

31, 1986, with respect to payments due with respect to wages paid

on or before such date) at the time or times established pursuant

to such subsection (e)(1), if and to the extent that -

"(A) no refund of the sums so paid has been obtained, or

"(B) a refund of part or all of the sums so paid has been

obtained but the State of Iowa repays to the Secretary of the

Treasury the amount of such refund within 90 days after the

date on which the modification is agreed to by the State and

the Secretary of Health and Human Services."

MODIFICATION OF AGREEMENT WITH STATE OF CONNECTICUT TO PROVIDE

COVERAGE FOR CONNECTICUT STATE POLICE

Section 12114 of Pub. L. 99-272 provided that: "Notwithstanding

any provision of section 218 of the Social Security Act [this

section], the Secretary of Health and Human Services shall, upon

the request of the Governor of Connecticut, modify the agreement

under such section between the Secretary and the State of

Connecticut to provide that service performed after the date of the

enactment of this Act [Apr. 7, 1986] by members of the Division of

the State Police within the Connecticut Department of Public

Safety, who are hired on or after May 8, 1984, and who are members

of the tier II plan of the Connecticut State Employees Retirement

System, shall be covered under such agreement."

MODIFICATION OF AGREEMENT WITH STATE OF ILLINOIS TO PROVIDE

COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN

Section 318 of Pub. L. 95-216 provided that the agreement with

the State of Illinois entered into pursuant to this section could,

at any time prior to Jan. 1, 1979, be modified pursuant to subsec.

(c)(4) of this section so as to apply to services performed in the

policemen's or firemen's positions covered by the Illinois

Municipal Retirement Fund on Dec. 20, 1977, if the State of

Illinois had prior to such date paid to the Secretary of the

Treasury, with respect to any of the services performed in such

positions, the sums prescribed pursuant to subsec. (e)(1) of this

section.

MODIFICATION OF REPORTING PROCEDURES IN EFFECT DECEMBER 1, 1975,

UNDER FEDERAL-STATE AGREEMENTS

Pub. L. 94-202, Sec. 8(k), Jan. 2, 1976, 89 Stat. 1140, provided

that: "Notwithstanding the provisions of section 218(i) of the

Social Security Act [subsec. (i) of this section], nothing

contained in the amendments made by the preceding provisions of

this section [enacting section 432 of this title and amending

sections 401, 403, 424a, and 430 of this title and section 6103 of

Title 26, Internal Revenue Code, and enacting provisions set out as

notes under sections 401 and 432 of this title] shall be construed

to authorize or require the Secretary, in promulgating regulations

or amendments thereto under such section 218(i), substantially to

modify the procedures, as in effect on December 1, 1975, for the

reporting by States to the Secretary of the wages of individuals

covered by social security pursuant to Federal-State agreements

entered into pursuant to section 218 of the Social Security Act

[this section]."

MODIFICATION OF AGREEMENT WITH STATE OF WEST VIRGINIA WITH RESPECT

TO CERTAIN POLICEMEN AND FIREMEN

Pub. L. 94-202, Sec. 6, Jan. 2, 1976, 89 Stat. 1136, provided

that:

"(a) Notwithstanding the provisions of subsection (d)(5)(A) of

section 218 of the Social Security Act [subsec. (d)(5)(A) of this

section] and the references thereto in subsections (d)(1) and

(d)(3) of such section 218, the agreement with the State of West

Virginia heretofore entered into pursuant to such section 218 [this

section] may, at any time prior to 1977, be modified pursuant to

subsection (c)(4) of such section 218 so as to apply to services

performed in policemen's or firemen's positions covered by a

retirement system on the date of the enactment of this Act [Jan. 2,

1976] by individuals as employees of any class III or class IV

municipal corporation (as defined in or under the laws of the

State) if the State of West Virginia has at any time prior to the

date of the enactment of this Act paid to the Secretary of the

Treasury, with respect to any of the services performed in such

positions by individuals as employees of such municipal

corporation, the sums prescribed pursuant to subsection (e)(1) of

such section 218. For purposes of this subsection, a retirement

system which covers positions of policemen or firemen, or both, and

other positions, shall, if the State of West Virginia so desires,

be deemed to be a separate retirement system with respect to the

positions of such policemen or firemen, or both, as the case may

be.

"(b) Notwithstanding the provisions of subsection (f) of section

218 of the Social Security Act, any modification in the agreement

with the State of West Virginia under subsection (a) of this

section, to the extent it involves services performed by

individuals as employees of any class III or class IV municipal

corporation, may be made effective with respect to -

"(1) all services performed by such individual, in any

policemen's or firemen's position to which the modification

relates, on or after the date of the enactment of this Act; and

"(2) all services performed by such individual in such a

position before such date of enactment with respect to which the

State of West Virginia has paid to the Secretary of the Treasury

the sums prescribed pursuant to subsection (e)(1) of such section

218 at the time or times established pursuant to such subsection

(e)(1) if and to the extent that -

"(A) no refund of the sums so paid has been obtained, or

"(B) a refund of part or all of the sums so paid has been

obtained but the State of West Virginia repays to the Secretary

of the Treasury the amount of such refund within ninety days

after the date that the modification is agreed to by the State

and the Secretary of Health, Education, and Welfare."

Section 143 of Pub. L. 92-603 provided that:

"(a) Notwithstanding the provisions of subsection (d)(5)(A) of

section 218 of the Social Security Act [subsec. (d)(5)(A) of this

section] and the references thereto in subsections (d)(1) and

(d)(3) of such section 218 the agreement with the State of West

Virginia heretofore entered into pursuant to such section 218 [this

section] may, at any time prior to 1974, be modified pursuant to

subsection (c)(4) of such section 218 so as to apply to services

performed in policemen's or firemen's positions covered by a

retirement system on the date of the enactment of this Act [Oct.

30, 1972] by individuals as employees of any class III or class IV

municipal corporation (as defined in or under the laws of the

State) if the State of West Virginia has at any time prior to the

date of the enactment of this Act paid to the Secretary of the

Treasury, with respect to any of the services performed in such

positions by individuals as employees of such municipal

corporation, the sums prescribed pursuant to subsection (e)(1) of

such section 218. For purposes of this subsection, a retirement

system which covers positions of policemen or firemen, or both, and

other positions, shall, if the State of West Virginia so desires,

be deemed to be a separate retirement system with respect to the

positions of such policemen or firemen, or both, as the case may

be.

"(b) Notwithstanding the provisions of subsection (f) of section

218 of the Social Security Act, any modification in the agreement

with the State of West Virginia under subsection (a) of this

section, to the extent it involves services performed by

individuals as employees of any class III or class IV municipal

corporation, may be made effective with respect to -

"(1) all services performed by such individual, in any

policeman's or fireman's position to which the modification

relates, on or after the date of the enactment of this Act; and

"(2) all services performed by such individual in such a

position before such date of enactment with respect to which the

State of West Virginia has paid to the Secretary of the Treasury

the sums prescribed pursuant to subsection (e)(1) of such section

218 at the time or times established pursuant to such subsection

(e)(1), if and to the extent that -

"(A) no refund of the sums so paid has been obtained, or

"(B) a refund of part or all of the sums so paid has been

obtained but the State of West Virginia repays to the Secretary

of the Treasury the amount of such refund within ninety days

after the date that the modification is agreed to by the State

and the Secretary of Health, Education, and Welfare."

MODIFICATION OF EXISTING AGREEMENT WITH STATE OF NEW MEXICO TO

COVER CERTAIN HOSPITAL EMPLOYEES

Section 127 of Pub. L. 92-603 provided that: "Notwithstanding any

provisions of section 218 of the Social Security Act [this

section], the Agreement with the State of New Mexico heretofore

entered into pursuant to such section may at the option of such

State be modified at any time prior to the first day of the fourth

month after the month in which this Act is enacted [October 1972],

so as to apply to the services of employees of a hospital which is

an integral part of a political subdivision to which an agreement

under this section has not been made applicable, as a separate

coverage group within the meaning of section 218(b)(5) of such Act

[subsec. (b)(5) of this section], but only if such hospital has

prior to 1966 withdrawn from a retirement system which had been

applicable to the employees of such hospital."

MODIFICATION OF AGREEMENT WITH STATE OF LOUISIANA WITH RESPECT TO

VOTER REGISTRARS

Section 139 of Pub. L. 92-603 provided that:

"(a) Notwithstanding the provisions of section 218(g)(1) of the

Social Security Act [subsec. (g)(1) of this section], the Secretary

may, under such conditions as he deems appropriate, permit the

State of Louisiana to modify its agreement entered into under

section 218 of such Act [this section] so as to terminate the

coverage of all employees who are in positions under the Registrars

of Voters Employees' Retirement System, effective after December

1975, but only if such State files with him notice of termination

on or before December 31, 1973.

"(b) If the coverage of such employees in positions under such

retirement system is terminated pursuant to subsection (a),

coverage cannot later be extended to employees in positions under

such retirement system."

MODIFICATION OF AGREEMENTS WITH STATES WITH RESPECT TO CERTAIN

STUDENTS AND PART-TIME EMPLOYEES

Section 141 of Pub. L. 92-603 provided that:

"(a) Notwithstanding any provision of section 218 of the Social

Security Act [this section], the agreement with any State (or any

modification thereof) entered into pursuant to such section may, at

the option of such State, be modified at any time prior to January

1, 1974, so as to exclude either or both of the following;

"(1) service in any class or classes of part-time positions; or

"(2) service performed in the employ of a school, college, or

university if such service is performed by a student who is

enrolled and is regularly attending classes at such school,

college, or university.

"(b) Any modification of such agreement pursuant to this section

shall be effective with respect to services performed after the end

of the calendar quarter following the calendar quarter in which

such agreement is modified.

"(c) If any such modification terminates coverage with respect to

service in any class or classes of part-time positions in any

coverage group, the Secretary of Health, Education, and Welfare and

the State may not thereafter modify such agreement so as to again

make the agreement applicable to service in such positions in such

coverage group; if such modification terminates coverage with

respect to service performed in the employ of a school, college, or

university, by a student who is enrolled and regularly attending

classes at such school, college, or university, the Secretary of

Health, Education, and Welfare and the State may not thereafter

modify such agreement so as to again make the agreement applicable

to such service performed in the employ of such school, college, or

university."

MODIFICATION OF AGREEMENT WITH STATE OF MASSACHUSETTS WITH RESPECT

TO EMPLOYEES OF THE MASSACHUSETTS TURNPIKE AUTHORITY

Section 124 of Pub. L. 90-248 provided that:

"(a) Notwithstanding the provisions of section 218(g)(1) of the

Social Security Act [subsec. (g)(1) of this section] the Secretary

may, under such conditions as he deems appropriate, permit the

State of Massachusetts to modify its agreement entered into under

section 218 of such Act [this section] so as to terminate the

coverage of the employees of the Massachusetts Turnpike Authority

effective at the end of any calendar quarter within the two years

next following the date on which such agreement is so modified.

"(b) If the coverage of employees of the Massachusetts Turnpike

Authority is terminated pursuant to subsection (a), coverage cannot

later be extended to the employees of such Authority."

MODIFICATION OF AGREEMENTS WITH STATES OF NORTH DAKOTA AND IOWA

WITH RESPECT TO CERTAIN STUDENTS

Section 338 of Pub. L. 89-97 provided that: "Notwithstanding any

provision of section 218 of the Social Security Act [this section],

the agreements with the States of North Dakota and Iowa entered

into pursuant to such section may, at the option of the State, be

modified so as to exclude service performed in any calendar quarter

in the employ of a school, college, or university if such service

is performed by a student who is enrolled and is regularly

attending classes at such school, college, or university and if the

remuneration for such service is less than $50. Any modification of

either of such agreements pursuant to this Act shall be effective

with respect to services performed after an effective date

specified in such modification, except that such date shall not be

earlier than the date of enactment of this Act [July 30, 1965]."

MODIFICATION OF AGREEMENT WITH STATE OF NEBRASKA FOR EXCLUSION OF

SERVICES PERFORMED BY JUSTICES OF THE PEACE AND CONSTABLES

Section 102(i) of Pub. L. 86-778 provided that: "Notwithstanding

any provision of section 218 of the Social Security Act [this

section], the agreement with the State of Nebraska entered into

pursuant to such section may, at the option of such State, be

modified so as to exclude services performed within such State by

individuals as justices of the peace or constables, if such

individuals are compensated for such services on a fee basis. Any

modification of such agreement pursuant to this subsection shall be

effective with respect to services performed after an effective

date specified in such modification, except that such date shall

not be earlier than the date of enactment of this Act [Sept. 13,

1960]."

MODIFICATION OF EXISTING AGREEMENT WITH STATE OF CALIFORNIA PRIOR

TO FEBRUARY 1966

Section 102(k) of Pub. L. 86-778, as amended by Pub. L. 89-97,

title III, Sec. 318, July 30, 1965, 79 Stat. 390; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) Notwithstanding any provision of section 218 of the Social

Security Act [this section], the agreement with the State of

California heretofore entered into pursuant to such section may at

the option of such State be modified, at any time prior to 1962,

pursuant to subsection (c)(4) of such section 218 [subsec. (c)(4)

of this section], so as to apply to services performed by any

individual who, on or after January 1, 1957, and on or before

December 31, 1959, was employed by such State (or any political

subdivision thereof) in any hospital employee's position which, on

September 1, 1954, was covered by a retirement system, but which,

prior to 1960, was removed from coverage by such retirement system

if, prior to July 1, 1960, there have been paid in good faith to

the Secretary of the Treasury, with respect to any of the services

performed by such individual in any such position, amounts

equivalent to the sum of the taxes which would have been imposed by

sections 3101 and 3111 of the Internal Revenue Code of 1986

[formerly I.R.C. 1954] [sections 3101 and 3111 of Title 26,

Internal Revenue Code] if such services had constituted employment

for purposes of chapter 21 of such Code [section 3101 et seq. of

Title 26] at the time they were performed. Notwithstanding the

provisions of subsection (f) of such section 218 such modification

shall be effective with respect to (1) all services performed by

such individual in any such position on or after January 1, 1960,

and (2) all such services, performed before such date, with respect

to which amounts equivalent to such taxes have, prior to the date

of enactment of this subsection [Sept. 13, 1960], been paid.

"(2) Such agreement, as modified pursuant to paragraph (1), may

at the option of such State be further modified, at any time prior

to the seventh month after the month [July 1965] in which this

paragraph is enacted, so as to apply to services performed for any

hospital affected by such earlier modification by any individual

who after December 31, 1959, is or was employed by such State (or

any political subdivision thereof) in any position described in

paragraph (1). Such modification shall be effective with respect to

(A) all services performed by such individual in any such position

on or after January 1, 1962, and (B) all such services, performed

before such date, with respect to which amounts equivalent to the

sum of the taxes which would have been imposed by sections 3101 and

3111 of the Internal Revenue Code of 1986 [sections 3101 and 3111

of Title 26] if such services had constituted employment for

purposes of chapter 21 of such Code at the time they were performed

have, prior to the date of the enactment of this paragraph [July

30, 1965], been paid."

MODIFICATION OF EXISTING AGREEMENT WITH STATE OF OKLAHOMA PRIOR TO

1962

Section 3 of Pub. L. 86-284 provided that: "Notwithstanding the

provisions of subsection (d)(5)(A) of section 218 of the Social

Security Act [subsec. (d)(5)(A) of this section] and the references

thereto in subsections (d)(1) and (d)(3) of such section 218, the

agreement with the State of Oklahoma heretofore entered into

pursuant to such section 218 [this section] may, at any time prior

to 1962, be modified pursuant to subsection (c)(4) of such section

218 so as to apply to services performed by any individual employed

by such State (or any political subdivision thereof) in any

policeman's position covered by a retirement system in effect on

the date of enactment of this Act [Sept. 16, 1959] if (1) in the

case of an individual performing such services on such date, such

individual is ineligible to become a member of such retirement

system, or, in the case of an individual who prior to such date has

ceased to perform such services, such individual was, on the last

day he did perform such services, ineligible to become a member of

such retirement system, and (2) such State has, prior to 1959, paid

to the Secretary of the Treasury, with respect to any of the

services performed by such individual in any such position, the

sums prescribed pursuant to subsection (e)(1) of such section 218.

Notwithstanding the provisions of subsection (f) of such section

218, such modification shall be effective with respect to (i) all

services performed by such individual in any such position on or

after the date of enactment of this Act, and (ii) all such

services, performed before such date, with respect to which such

State has paid to the Secretary of the Treasury the sums prescribed

pursuant to subsection (e) of such section 218, at the time or

times established pursuant to such subsection."

MODIFICATION OF EXISTING AGREEMENT WITH STATE OF MAINE PRIOR TO

JULY 1, 1967

Section 316 of Pub. L. 85-840, as amended by Pub. L. 86-778,

title I, Sec. 102(j), Sept. 13, 1960, 74 Stat. 935; Pub. L. 88-350,

Sec. 1, July 2, 1964, 78 Stat. 240; Pub. L. 89-97, title III, Sec.

337, July 30, 1965, 79 Stat. 409, eff. July 1, 1965, provided that:

"For the purposes of any modification which might be made after the

date of enactment of this Act [Aug. 28, 1958] and prior to July 1,

1967, by the State of Maine of its existing agreement made under

section 218 of the Social Security Act [this section], any

retirement system of such State which covers positions of teachers

and positions of other employees shall, if such State so desires,

be deemed (notwithstanding the provisions of subsection (d) of such

section) to consist of a separate retirement system with respect to

the positions of such teachers and a separate retirement system

with respect to the positions of such other employees; and for the

purposes of this sentence, the term 'teacher' shall mean any

teacher, principal, supervisor, school nurse, school dietitian,

school secretary or superintendent employed in any public school,

including teachers in unorganized territory."

MODIFICATION OF EXISTING AGREEMENTS WITH STATES OF CALIFORNIA,

CONNECTICUT, MINNESOTA, OR RHODE ISLAND PRIOR TO 1960

Section 2 of Pub. L. 85-227 provided that: "Notwithstanding

subsection (f) of section 218 of the Social Security Act [subsec.

(f) of this section], any modification of the agreement with the

State of California, Connecticut, Minnesota, or Rhode Island under

such section which makes such agreement applicable to services

performed in positions covered by a separate retirement system

created pursuant to the fourth sentence of subsection (d)(6) of

such section (and consisting of the positions of members who desire

coverage under the agreement) may, if such modification is agreed

to prior to 1960, be made effective with respect to services

performed in such positions after an effective date specified in

such modification, except that in no case may such date be earlier

than December 31, 1955."

MODIFICATION OF EXISTING AGREEMENTS WITH STATES OF FLORIDA, NEVADA,

NEW MEXICO, MINNESOTA, OKLAHOMA, PENNSYLVANIA, TEXAS, WASHINGTON,

OR HAWAII PRIOR TO JULY 1, 1962

Section 104(f) of act Aug. 1, 1956, as amended by Pub. L. 86-284,

Sec. 1, provided that: "Notwithstanding the provisions of

subsection (d) of section 218 of the Social Security Act

[subsection (d) of this section], any agreement under such section

entered into prior to the date of enactment of this Act [Aug. 1,

1956] by the State of Florida, Nevada, New Mexico, Minnesota,

Oklahoma, Pennsylvania, Texas, Washington, or the Territory of

Hawaii shall if the State or Territory concerned so requests, be

modified prior to July 1, 1962, so as to apply to services

performed by employees of the respective public school districts of

such State or Territory who, on the date such agreement is made

applicable to such services, are not in positions the incumbents of

which are required by State or Territorial law or regulation to

have valid State or Territorial teachers' or administrators'

certificates in order to receive pay for their services. The

provisions of this subsection shall not apply to services of any

such employees to which any such agreement applies without regard

to this subsection."

MODIFICATION OF EXISTING AGREEMENT WITH STATE OF ARIZONA PRIOR TO

JANUARY 1, 1956

Section 101(k) of act Sept. 1, 1954, provided that: "If, prior to

January 1, 1956, the agreement with the State of Arizona entered

into pursuant to section 218 of the Social Security Act [this

section] is modified pursuant to subsection (d)(3) of such section

so as to apply to service performed by employees in positions

covered by the Arizona Teachers' Retirement System the modification

may, notwithstanding section 218(f) of the Social Security Act, be

made effective with respect to service performed in such positions

after an effective date specified in the modification, but in no

case may such effective date be earlier than December 31, 1950. For

the purposes of any such modification, all employees in positions

covered by the Arizona Teachers' Retirement System shall be deemed,

notwithstanding the provisions of section 218(d)(6) of such Act, to

constitute a separate coverage group."

EXTENSION OF COVERAGE TO SERVICE IN FIREMEN'S POSITION

Section 120(b) of Pub. L. 90-248 provided that: "Nothing in the

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

authorize the extension of the insurance system established by

title II of the Social Security Act [this subchapter] under the

provisions of section 218(d)(6)(C) of such Act [subsec. (d)(6)(C)

of this section] to service in any fireman's position."

VALIDATION OF COVERAGE FOR CERTAIN FIREMEN IN THE STATE OF NEBRASKA

Section 119(b) of Pub. L. 90-248, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "In any case

in which -

"(1) an individual has performed services prior to the

enactment of this Act [Jan. 2, 1968] in the employ of a political

subdivision of the State of Nebraska in a fireman's position, and

"(2) amounts, equivalent to the sum of the taxes which would

have been imposed by sections 3101 and 3111 of the Internal

Revenue Code of 1986 [formerly I.R.C. 1954] [sections 3101 and

3111 of Title 26, Internal Revenue Code] had such services

constituted employment for purposes of section 21 of such Code

[section 21 of Title 26] at the time they were performed, were

timely paid in good faith to the Secretary of the Treasury, and

"(3) no refunds of such amounts paid in lieu of taxes have been

obtained,

the amount of the remuneration for such services with respect to

which such amounts have been paid shall be deemed to constitute

remuneration for employment as defined in section 209 of the Social

Security Act [section 409 of this title]."

VALIDATION OF COVERAGE FOR CERTAIN EMPLOYEES OF AN INTEGRAL UNIT OF

A POLITICAL SUBDIVISION OF ALASKA

Section 342 of Pub. L. 89-97 provided that: "For purposes of the

agreement under section 218 of the Social Security Act [this

section] entered into by the State of Alaska, or its predecessor

the Territory of Alaska, where employees of an integral unit of a

political subdivision of the State or Territory of Alaska have in

good faith been included under the State or Territory's agreement

as a coverage group on the basis that such integral unit of a

political subdivision was a political subdivision, then such unit

of the political subdivision shall, for purposes of section

218(b)(2) of such Act, be deemed to be a political subdivision, and

employees performing services within such unit shall be deemed to

be a coverage group, effective with the effective date specified in

such agreement or modification of such agreement with respect to

such coverage group and ending with the last day of the year in

which this Act is enacted [1965]."

VALIDATION OF COVERAGE FOR DISTRICT ENGINEERING AIDES OF SOIL AND

WATER CONSERVATION DISTRICTS OF OKLAHOMA

Pub. L. 88-650, Sec. 3, Oct. 13, 1964, 78 Stat. 1077, provided

that: "For purposes of the agreement under section 218 of the

Social Security Act [this section] entered into by the State of

Oklahoma, remuneration paid to district engineering aides of soil

and water conservation districts of the State of Oklahoma which was

reported by the State as amounts paid to such aides as employees of

the State for services performed by them during the period

beginning January 1, 1951, and ending with the close of June 30,

1962, shall be deemed to have been paid to such aides for services

performed by them in the employ of the State."

VALIDATION OF COVERAGE FOR CERTAIN EMPLOYEES OF AN INTEGRAL UNIT OF

A POLITICAL SUBDIVISION OF ARKANSAS

Section 1 of Pub. L. 87-878 provided: "That, for purposes of the

agreement under section 218 of the Social Security Act [this

section] entered into by the State of Arkansas, where employees of

an integral unit of a political subdivision of the State of

Arkansas have in good faith been included under the State's

agreement as a coverage group on the basis that such integral unit

of a political subdivision was a political subdivision, then such

unit of the political subdivision shall, for purposes of section

218(b)(2) of such Act, be deemed to be a political subdivision, and

employees performing services within such unit shall be deemed to

be a coverage group, effective with the effective date specified in

such agreement or modification of such agreement with respect to

such coverage group and ending with the last day of the year in

which this Act is enacted [1962]."

VALIDATION OF COVERAGE FOR CERTAIN MISSISSIPPI TEACHERS

Section 102(h) of Pub. L. 86-778 provided that: "For purposes of

the agreement under section 218 of the Social Security Act [this

section] entered into by the State of Mississippi, services of

teachers in such State performed after February 28, 1951, and prior

to October 1, 1959, shall be deemed to have been performed by such

teachers as employees of the State. The term 'teacher' as used in

the preceding sentence means -

"(1) any individual who is licensed to serve in the capacity of

teacher, librarian, registrar, supervisor, principal, or

superintendent and who is principally engaged in the public

elementary or secondary school system of the State in any one or

more of such capacities;

"(2) any employee in the office of the county superintendent of

education or the county school supervisor, or in the office of

the principal of any county or municipal public elementary or

secondary school in the State; and

"(3) any individual licensed to serve in the capacity of

teacher who is engaged in any educational capacity in any day or

night school conducted under the supervision of the State

department of education as a part of the adult education program

provided for under the laws of Mississippi or under the laws of

the United States."

PRESUMPTION OF WORK DEDUCTIONS FOR SERVICES PERFORMED PRIOR TO 1955

IN CASE OF CERTAIN RETROACTIVE STATE AGREEMENTS; RECOMPUTATION

Section 101(l) of act Sept. 1, 1954, provided that:

"(1) In the case of any services performed prior to 1955 to which

an agreement under section 218 of the Social Security Act [this

section] was made applicable, deductions which -

"(A) were not imposed under section 203 of such Act [section

403 of this title] with respect to such services performed prior

to the date the agreement was agreed to or, if the original

agreement was not applicable to such services, performed prior to

the date the modification making such agreement applicable to

such services was agreed to, and

"(B) would have been imposed under such section 203 had such

agreement, or modification, as the case may be, been agreed to on

the date it became effective,

shall be deemed to have been imposed, but only for purposes of

section 215(f)(2)(A) or section 215(f)(4)(A) of such Act [section

415(f)(2)(A) or section 415(f)(4)(A) of this title] as in effect

prior to the enactment of this Act [Sept. 1, 1954]. An individual

with respect to whose services the preceding sentence is

applicable, or in the case of his death, his survivors entitled to

monthly benefits under section 202 of the Social Security Act

[section 402 of this title] on the basis of his wages and

self-employment income, shall be entitled to a recomputation of his

primary insurance amount under such section 215(f)(2)(A) or section

215(f)(4)(A), as the case may be, if the conditions specified

therein are met and if, with respect to a recomputation under such

section 215(f)(2)(A), such individual files the application

referred to in such section after August 1954 and prior to January

1956 or, with respect to a recomputation under such section

215(f)(4)(A), such individual died prior to January 1956 and any of

such survivors entitled to monthly benefits files an application,

in addition to the application filed for such monthly benefits, for

a recomputation under such section 215(f)(4)(A).

"(2) For purposes of a recomputation made by reason of paragraph

(1) of this subsection, the primary insurance amount of the

individual who performed the services referred to in such paragraph

shall be computed under subsection (a)(2) of section 215 of the

Social Security Act, as amended by this Act (but, for such

purposes, without application of subsection (d)(4) of such section,

as in effect prior to the enactment of this Act or as amended by

this Act) and as though he became entitled to old-age insurance

benefits in whichever of the following months yields the highest

primary insurance amount:

"(A) the month following the last month for which deductions

are deemed, pursuant to paragraph (1) of this subsection, to have

been made; or

"(B) the first month after the month determined under

subparagraph (A) (and prior to September 1954) in which his

benefits under section 202(a) of the Social Security Act [section

402(a) of this title] were no longer subject to deductions under

section 203(b) of such Act [section 403(b) of this title]; or

"(C) the first month after the last month (and prior to

September 1954) in which his benefits under section 202(a) of the

Social Security Act were subject to deductions under section

203(b) of such Act; or

"(D) the month in which such individual filed his application

for recomputation referred to in paragraph (1) of this subsection

or, if he died without filing such application and prior to

January 1, 1956, the month in which he died, and in any such case

(but, if the individual is deceased, only if death occurred after

August 1954) the amendments made by subsections (b)(1), (e)(1)

and (e)(3)(B) of section 102 of this Act [amending section 415 of

this title] shall be applicable.

Such recomputation shall be effective for and after the month in

which the application required by paragraph (1) of this subsection

is filed. The provisions of this subsection shall not be applicable

in the case of any individual if his primary insurance amount has

been recomputed under section 215(f)(2) of the Social Security Act

on the basis of an application filed prior to September 1954.

"(3) If any recomputation under section 215(f) of the Social

Security Act is made by reason of deductions deemed pursuant to

paragraph (1) of this subsection to have been imposed with respect

to benefits based on the wages and self-employment income of any

individual, the total of the benefits based on such wages and

self-employment income for months for which such deductions are so

deemed to have been imposed shall be recovered by making, in

addition to any other deductions under section 203 of such Act,

deductions from any increase in benefits, based on such wages and

self-employment income, resulting from such recomputation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 405, 405a, 410, 411,

424a of this title; title 26 sections 1402, 3121, 6413, 6511.

-End-

-CITE-

42 USC Sec. 419 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. 419. Repealed. Pub. L. 86-778, title I, Sec. 103(j)(1), Sept.

13, 1960, 74 Stat. 937

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title II, Sec. 219, as added

Aug. 28, 1950, ch. 809, title I, Sec. 107, 64 Stat. 517, prescribed

the effective date of this subchapter in Puerto Rico as January 1

of the first calendar year which begins more than 90 days after the

date on which the President received a certification from the

Governor of Puerto Rico.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 13, 1960, see section 103(v)(1), (3) of

Pub. L. 86-778, set out as an Effective Date of 1960 Amendment note

under section 402 of this title.

-End-

-CITE-

42 USC Sec. 420 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. 420. Disability provisions inapplicable if benefit rights

impaired

-STATUTE-

None of the provisions of this subchapter relating to periods of

disability shall apply in any case in which their application would

result in the denial of monthly benefits or a lump-sum death

payment which would otherwise be payable under this subchapter; nor

shall they apply in the case of any monthly benefit or lump-sum

death payment under this subchapter if such benefit or payment

would be greater without their application.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 220, as added Sept. 1,

1954, ch. 1206, title I, Sec. 106(g), 68 Stat. 1081.)

-MISC1-

PRIOR PROVISIONS

A prior section 420, act Aug. 14, 1935, ch. 531, title II, Sec.

220, as added July 18, 1952, ch. 945, Sec. 3(e), 66 Stat. 772,

relating to inapplicability of disability provisions if benefits

were reduced, 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.

-End-

-CITE-

42 USC Sec. 421 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. 421. Disability determinations

-STATUTE-

(a) State agencies

(1) In the case of any individual, the determination of whether

or not he is under a disability (as defined in section 416(i) or

423(d) of this title) and of the day such disability began, and the

determination of the day on which such disability ceases, shall be

made by a State agency, notwithstanding any other provision of law,

in any State that notifies the Commissioner of Social Security in

writing that it wishes to make such disability determinations

commencing with such month as the Commissioner of Social Security

and the State agree upon, but only if (A) the Commissioner of

Social Security has not found, under subsection (b)(1) of this

section, that the State agency has substantially failed to make

disability determinations in accordance with the applicable

provisions of this section or rules issued thereunder, and (B) the

State has not notified the Commissioner of Social Security, under

subsection (b)(2) of this section, that it does not wish to make

such determinations. If the Commissioner of Social Security once

makes the finding described in clause (A) of the preceding

sentence, or the State gives the notice referred to in clause (B)

of such sentence, the Commissioner of Social Security may

thereafter determine whether (and, if so, beginning with which

month and under what conditions) the State may again make

disability determinations under this paragraph.

(2) The disability determinations described in paragraph (1) made

by a State agency shall be made in accordance with the pertinent

provisions of this subchapter and the standards and criteria

contained in regulations or other written guidelines of the

Commissioner of Social Security pertaining to matters such as

disability determinations, the class or classes of individuals with

respect to which a State may make disability determinations (if it

does not wish to do so with respect to all individuals in the

State), and the conditions under which it may choose not to make

all such determinations. In addition, the Commissioner of Social

Security shall promulgate regulations specifying, in such detail as

the Commissioner deems appropriate, performance standards and

administrative requirements and procedures to be followed in

performing the disability determination function in order to assure

effective and uniform administration of the disability insurance

program throughout the United States. The regulations may, for

example, specify matters such as -

(A) the administrative structure and the relationship between

various units of the State agency responsible for disability

determinations,

(B) the physical location of and relationship among agency

staff units, and other individuals or organizations performing

tasks for the State agency, and standards for the availability to

applicants and beneficiaries of facilities for making disability

determinations,

(C) State agency performance criteria, including the rate of

accuracy of decisions, the time periods within which

determinations must be made, the procedures for and the scope of

review by the Commissioner of Social Security, and, as the

Commissioner finds appropriate, by the State, of its performance

in individual cases and in classes of cases, and rules governing

access of appropriate Federal officials to State offices and to

State records relating to its administration of the disability

determination function,

(D) fiscal control procedures that the State agency may be

required to adopt, and

(E) the submission of reports and other data, in such form and

at such time as the Commissioner of Social Security may require,

concerning the State agency's activities relating to the

disability determination.

Nothing in this section shall be construed to authorize the

Commissioner of Social Security to take any action except pursuant

to law or to regulations promulgated pursuant to law.

(b) Determinations by Commissioner

(1) If the Commissioner of Social Security finds, after notice

and opportunity for a hearing, that a State agency is substantially

failing to make disability determinations in a manner consistent

with the Commissioner's regulations and other written guidelines,

the Commissioner of Social Security shall, not earlier than 180

days following the Commissioner's finding, and after the

Commissioner has complied with the requirements of paragraph (3),

make the disability determinations referred to in subsection (a)(1)

of this section.

(2) If a State, having notified the Commissioner of Social

Security of its intent to make disability determinations under

subsection (a)(1) of this section, no longer wishes to make such

determinations, it shall notify the Commissioner of Social Security

in writing of that fact, and, if an agency of the State is making

disability determinations at the time such notice is given, it

shall continue to do so for not less than 180 days, or (if later)

until the Commissioner of Social Security has complied with the

requirements of paragraph (3). Thereafter, the Commissioner of

Social Security shall make the disability determinations referred

to in subsection (a)(1) of this section.

(3)(A) The Commissioner of Social Security shall develop and

initiate all appropriate procedures to implement a plan with

respect to any partial or complete assumption by the Commissioner

of Social Security of the disability determination function from a

State agency, as provided in this section, under which employees of

the affected State agency who are capable of performing duties in

the disability determination process for the Commissioner of Social

Security shall, notwithstanding any other provision of law, have a

preference over any other individual in filling an appropriate

employment position with the Commissioner of Social Security

(subject to any system established by the Commissioner of Social

Security for determining hiring priority among such employees of

the State agency) unless any such employee is the administrator,

the deputy administrator, or assistant administrator (or his

equivalent) of the State agency, in which case the Commissioner of

Social Security may accord such priority to such employee.

(B) The Commissioner of Social Security shall not make such

assumption of the disability determination function until such time

as the Secretary of Labor determines that, with respect to

employees of such State agency who will be displaced from their

employment on account of such assumption by the Commissioner of

Social Security and who will not be hired by the Commissioner of

Social Security to perform duties in the disability determination

process, the State has made fair and equitable arrangements to

protect the interests of employees so displaced. Such protective

arrangements shall include only those provisions which are provided

under all applicable Federal, State and local statutes including,

but not limited to, (i) the preservation of rights, privileges, and

benefits (including continuation of pension rights and benefits)

under existing collective-bargaining agreements; (ii) the

continuation of collective-bargaining rights; (iii) the assignment

of affected employees to other jobs or to retraining programs; (iv)

the protection of individual employees against a worsening of their

positions with respect to their employment; (v) the protection of

health benefits and other fringe benefits; and (vi) the provision

of severance pay, as may be necessary.

(c) Review of determination by Commissioner

(1) The Commissioner of Social Security may on the Commissioner's

own motion or as required under paragraphs (2) and (3) review a

determination, made by a State agency under this section, that an

individual is or is not under a disability (as defined in section

416(i) or 423(d) of this title) and, as a result of such review,

may modify such agency's determination and determine that such

individual either is or is not under a disability (as so defined)

or that such individual's disability began on a day earlier or

later than that determined by such agency, or that such disability

ceased on a day earlier or later than that determined by such

agency. A review by the Commissioner of Social Security on the

Commissioner's own motion of a State agency determination under

this paragraph may be made before or after any action is taken to

implement such determination.

(2) The Commissioner of Social Security (in accordance with

paragraph (3)) shall review determinations, made by State agencies

pursuant to this section, that individuals are under disabilities

(as defined in section 416(i) or 423(d) of this title). Any review

by the Commissioner of Social Security of a State agency

determination under this paragraph shall be made before any action

is taken to implement such determination.

(3)(A) In carrying out the provisions of paragraph (2) with

respect to the review of determinations made by State agencies

pursuant to this section that individuals are under disabilities

(as defined in section 416(i) or 423(d) of this title), the

Commissioner of Social Security shall review -

(i) at least 50 percent of all such determinations made by

State agencies on applications for benefits under this

subchapter, and

(ii) other determinations made by State agencies pursuant to

this section to the extent necessary to assure a high level of

accuracy in such other determinations.

(B) In conducting reviews pursuant to subparagraph (A), the

Commissioner of Social Security shall, to the extent feasible,

select for review those determinations which the Commissioner of

Social Security identifies as being the most likely to be

incorrect.

(C) Not later than April 1, 1992, and annually thereafter, the

Commissioner of Social Security shall submit to the Committee on

Ways and Means of the House of Representatives and the Committee on

Finance of the Senate a written report setting forth the number of

reviews conducted under subparagraph (A)(ii) during the preceding

fiscal year and the findings of the Commissioner of Social Security

based on such reviews of the accuracy of the determinations made by

State agencies pursuant to this section.

(d) Hearings and judicial review

Any individual dissatisfied with any determination under

subsection (a), (b), (c), or (g) of this section shall be entitled

to a hearing thereon by the Commissioner of Social Security to the

same extent as is provided in section 405(b) of this title with

respect to decisions of the Commissioner of Social Security, and to

judicial review of the Commissioner's final decision after such

hearing as is provided in section 405(g) of this title.

(e) State's right to cost from Trust Funds

Each State which is making disability determinations under

subsection (a)(1) of this section shall be entitled to receive from

the Trust Funds, in advance or by way of reimbursement, as

determined by the Commissioner of Social Security, the cost to the

State of making disability determinations under subsection (a)(1)

of this section. The Commissioner of Social Security shall from

time to time certify such amount as is necessary for this purpose

to the Managing Trustee, reduced or increased, as the case may be,

by any sum (for which adjustment hereunder has not previously been

made) by which the amount certified for any prior period was

greater or less than the amount which should have been paid to the

State under this subsection for such period; and the Managing

Trustee, prior to audit or settlement by the General Accounting

Office, shall make payment from the Trust Funds at the time or

times fixed by the Commissioner of Social Security, in accordance

with such certification. Appropriate adjustments between the

Federal Old-Age and Survivors Insurance Trust Fund and the Federal

Disability Insurance Trust Fund with respect to the payments made

under this subsection shall be made in accordance with paragraph

(1) of subsection (g) of section 401 of this title (but taking into

account any refunds under subsection (f) of this section) to insure

that the Federal Disability Insurance Trust Fund is charged with

all expenses incurred which are attributable to the administration

of section 423 of this title and the Federal Old-Age and Survivors

Insurance Trust Fund is charged with all other expenses.

(f) Use of funds

All money paid to a State under this section shall be used solely

for the purposes for which it is paid; and any money so paid which

is not used for such purposes shall be returned to the Treasury of

the United States for deposit in the Trust Funds.

(g) Regulations governing determinations in certain cases

In the case of individuals in a State which does not undertake to

perform disability determinations under subsection (a)(1) of this

section, or which has been found by the Commissioner of Social

Security to have substantially failed to make disability

determinations in a manner consistent with the Commissioner's

regulations and guidelines, in the case of individuals outside the

United States, and in the case of any class or classes of

individuals for whom no State undertakes to make disability

determinations, the determinations referred to in subsection (a) of

this section shall be made by the Commissioner of Social Security

in accordance with regulations prescribed by the Commissioner.

(h) Evaluation of mental impairments by qualified medical

professionals

An initial determination under subsection (a), (c), (g), or (i)

of this section that an individual is not under a disability, in

any case where there is evidence which indicates the existence of a

mental impairment, shall be made only if the Commissioner of Social

Security has made every reasonable effort to ensure that a

qualified psychiatrist or psychologist has completed the medical

portion of the case review and any applicable residual functional

capacity assessment.

(i) Review of disability cases to determine continuing eligibility;

permanent disability cases; appropriate number of cases reviewed;

reporting requirements

(1) In any case where an individual is or has been determined to

be under a disability, the case shall be reviewed by the applicable

State agency or the Commissioner of Social Security (as may be

appropriate), for purposes of continuing eligibility, at least once

every 3 years, subject to paragraph (2); except that where a

finding has been made that such disability is permanent, such

reviews shall be made at such times as the Commissioner of Social

Security determines to be appropriate. Reviews of cases under the

preceding sentence shall be in addition to, and shall not be

considered as a substitute for, any other reviews which are

required or provided for under or in the administration of this

subchapter.

(2) The requirement of paragraph (1) that cases be reviewed at

least every 3 years shall not apply to the extent that the

Commissioner of Social Security determines, on a State-by-State

basis, that such requirement should be waived to insure that only

the appropriate number of such cases are reviewed. The Commissioner

of Social Security shall determine the appropriate number of cases

to be reviewed in each State after consultation with the State

agency performing such reviews, based upon the backlog of pending

reviews, the projected number of new applications for disability

insurance benefits, and the current and projected staffing levels

of the State agency, but the Commissioner of Social Security shall

provide for a waiver of such requirement only in the case of a

State which makes a good faith effort to meet proper staffing

requirements for the State agency and to process case reviews in a

timely fashion. The Commissioner of Social Security shall report

annually to the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representatives with

respect to the determinations made by the Commissioner of Social

Security under the preceding sentence.

(3) The Commissioner of Social Security shall report annually to

the Committee on Finance of the Senate and the Committee on Ways

and Means of the House of Representatives with respect to the

number of reviews of continuing disability carried out under

paragraph (1), the number of such reviews which result in an

initial termination of benefits, the number of requests for

reconsideration of such initial termination or for a hearing with

respect to such termination under subsection (d) of this section,

or both, and the number of such initial terminations which are

overturned as the result of a reconsideration or hearing.

(4) In any case in which the Commissioner of Social Security

initiates a review under this subsection of the case of an

individual who has been determined to be under a disability, the

Commissioner of Social Security shall notify such individual of the

nature of the review to be carried out, the possibility that such

review could result in the termination of benefits, and the right

of the individual to provide medical evidence with respect to such

review.

(5) For suspension of reviews under this subsection in the case

of an individual using a ticket to work and self-sufficiency, see

section 1320b-19(i) of this title.

(j) Rules and regulations; consultative examinations

The Commissioner of Social Security shall prescribe regulations

which set forth, in detail -

(1) the standards to be utilized by State disability

determination services and Federal personnel in determining when

a consultative examination should be obtained in connection with

disability determinations;

(2) standards for the type of referral to be made; and

(3) procedures by which the Commissioner of Social Security

will monitor both the referral processes used and the product of

professionals to whom cases are referred.

Nothing in this subsection shall be construed to preclude the

issuance, in accordance with section 553(b)(A) of title 5, of

interpretive rules, general statements of policy, and rules of

agency organization relating to consultative examinations if such

rules and statements are consistent with such regulations.

(k) Establishment of uniform standards for determination of

disability

(1) The Commissioner of Social Security shall establish by

regulation uniform standards which shall be applied at all levels

of determination, review, and adjudication in determining whether

individuals are under disabilities as defined in section 416(i) or

423(d) of this title.

(2) Regulations promulgated under paragraph (1) shall be subject

to the rulemaking procedures established under section 553 of title

5.

(l) Special notice to blind individuals with respect to hearings

and other official actions

(1) In any case where an individual who is applying for or

receiving benefits under this subchapter on the basis of disability

by reason of blindness is entitled to receive notice from the

Commissioner of Social Security of any decision or determination

made or other action taken or proposed to be taken with respect to

his or her rights under this subchapter, such individual shall at

his or her election be entitled either (A) to receive a

supplementary notice of such decision, determination, or action, by

telephone, within 5 working days after the initial notice is

mailed, (B) to receive the initial notice in the form of a

certified letter, or (C) to receive notification by some

alternative procedure established by the Commissioner of Social

Security and agreed to by the individual.

(2) The election under paragraph (1) may be made at any time, but

an opportunity to make such an election shall in any event be

given, to every individual who is an applicant for benefits under

this subchapter on the basis of disability by reason of blindness,

at the time of his or her application. Such an election, once made

by an individual, shall apply with respect to all notices of

decisions, determinations, and actions which such individual may

thereafter be entitled to receive under this subchapter until such

time as it is revoked or changed.

(m) Work activity as basis for review

(1) In any case where an individual entitled to disability

insurance benefits under section 423 of this title or to monthly

insurance benefits under section 402 of this title based on such

individual's disability (as defined in section 423(d) of this

title) has received such benefits for at least 24 months -

(A) no continuing disability review conducted by the

Commissioner may be scheduled for the individual solely as a

result of the individual's work activity;

(B) no work activity engaged in by the individual may be used

as evidence that the individual is no longer disabled; and

(C) no cessation of work activity by the individual may give

rise to a presumption that the individual is unable to engage in

work.

(2) An individual to which paragraph (1) applies shall continue

to be subject to -

(A) continuing disability reviews on a regularly scheduled

basis that is not triggered by work; and

(B) termination of benefits under this subchapter in the event

that the individual has earnings that exceed the level of

earnings established by the Commissioner to represent substantial

gainful activity.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 221, as added Sept. 1,

1954, ch. 1206, title I, Sec. 106(g), 68 Stat. 1081; amended Aug.

1, 1956, ch. 836, title I, Sec. 103(c)(7), (8), (h), 70 Stat. 818,

823; Pub. L. 90-248, title I, Sec. 158(c)(3), (4), Jan. 2, 1968, 81

Stat. 869; Pub. L. 96-265, title III, Secs. 304(a)-(f), 311(a),

June 9, 1980, 94 Stat. 453-456, 460; Pub. L. 97-455, Secs. 3(a), 6,

Jan. 12, 1983, 96 Stat. 2499, 2500; Pub. L. 98-369, div. B, title

VI, Sec. 2663(a)(14), July 18, 1984, 98 Stat. 1164; Pub. L. 98-460,

Secs. 6(a), 8(a), 9(a)(1), 10(a), 17(a), Oct. 9, 1984, 98 Stat.

1802, 1804, 1805, 1811; Pub. L. 99-514, title XVIII, Sec.

1883(a)(9), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100-647, title

VIII, Sec. 8012(a), Nov. 10, 1988, 102 Stat. 3789; Pub. L. 101-239,

title X, Sec. 10306(a)(1), Dec. 19, 1989, 103 Stat. 2484; Pub. L.

101-508, title V, Sec. 5128(a), Nov. 5, 1990, 104 Stat. 1388-286;

Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat.

1478; Pub. L. 106-170, title I, Secs. 101(b)(1)(A), 111(a), Dec.

17, 1999, 113 Stat. 1873, 1881.)

-MISC1-

PRIOR PROVISIONS

A prior section 421, act Aug. 14, 1935, ch. 531, title II, Sec.

221, as added July 18, 1952, ch. 945, Sec. 3(e), 66 Stat. 772;

amended by 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18

F.R. 2053, 67 Stat. 631, relating to disability determinations,

ceased to be in effect at the close of June 30, 1953. See section

3(g) of act July 18, 1952, set out as an Effective and Termination

Date of 1952 Amendment note under section 413 of this title.

AMENDMENTS

1999 - Subsec. (i)(5). Pub. L. 106-170, Sec. 101(b)(1)(A), added

par. (5).

Subsec. (m). Pub. L. 106-170, Sec. 111(a), added subsec. (m).

1994 - Pub. L. 103-296 substituted "Commissioner of Social

Security" for "Secretary" wherever appearing except where appearing

before "of Labor" in subsec. (b)(3)(B) and substituted "the

Commissioner deems" for "he deems" and "the Commissioner finds" for

"he finds" in subsec. (a)(2), "the Commissioner's" for "his"

wherever appearing in subsecs. (b)(1), (c)(1), and (g), "the

Commissioner has complied" for "he has complied" in subsec. (b)(1),

"Commissioner's" for "Secretary's" in subsec. (d), and "prescribed

by the Commissioner" for "prescribed by him" in subsec. (g).

1990 - Subsec. (c)(3). Pub. L. 101-508 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "In

carrying out the provisions of paragraph (2) with respect to the

review of determinations, made by State agencies pursuant to this

section, that individuals are under disabilities (as defined in

section 416(i) or 423(d) of this title), the Secretary shall review

-

"(A) at least 15 percent of all such determinations made by

State agencies in the fiscal year 1981,

"(B) at least 35 percent of all such determinations made by

State agencies in the fiscal year 1982, and

"(C) at least 65 percent of all such determinations made by

State agencies in any fiscal year after the fiscal year 1982."

1989 - Subsec. (l). Pub. L. 101-239 added subsec. (l).

1988 - Subsec. (i)(3). Pub. L. 100-647 substituted "semiannually"

for "annually".

1986 - Subsec. (e). Pub. L. 99-514 struck out "under this

section" before "shall be entitled".

1984 - Subsec. (a)(1)(A). Pub. L. 98-460, Sec. 17(a)(2), (b),

temporarily substituted "subsection (b)(1)(C) of this section" for

"subsection (b)(1) of this section". See Effective and Termination

Dates of 1984 Amendments note below.

Subsec. (b)(1). Pub. L. 98-460, Sec. 17(a)(1), (b), temporarily

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

follows: "If the Secretary finds, after notice and opportunity for

a hearing, that a State agency is substantially failing to make

disability determinations in a manner consistent with his

regulations and other written guidelines, the Secretary shall, not

earlier than 180 days following his finding, and after he has

complied with the requirements of paragraph (3), make the

disability determinations referred to in subsection (a)(1) of this

section." See Effective and Termination Dates of 1984 Amendments

note below.

Subsec. (b)(3). Pub. L. 98-460, Sec. 17(a)(3), (b), temporarily

substituted "Except as provided in subparagraph (D)(i) of paragraph

(1), the Secretary" for "The Secretary" in subpars. (A) and (B).

See Effective and Termination Dates of 1984 Amendments note below.

Subsec. (d). Pub. L. 98-460, Sec. 17(a)(4), (b), temporarily

substituted "Except as provided in subsection (b)(1)(D) of this

section, any individual" for "Any individual". See Effective and

Termination Dates of 1984 Amendments note below.

Subsec. (e). Pub. L. 98-369 substituted "Federal Disability

Insurance Trust Fund is charged" for "Federal Disability Trust Fund

is charged".

Subsec. (h). Pub. L. 98-460, Sec. 8(a), added subsec. (h).

Subsec. (i)(4). Pub. L. 98-460, Sec. 6(a), added par. (4).

Subsec. (j). Pub. L. 98-460, Sec. 9(a)(1), added subsec. (j).

Subsec. (k). Pub. L. 98-460, Sec. 10(a), added subsec. (k).

1983 - Subsec. (i). Pub. L. 97-455 designated existing provisions

as par. (1), inserted ", subject to paragraph (2)" after "at least

once every 3 years", and added pars. (2) and (3).

1980 - Subsec. (a). Pub. L. 96-265, Sec. 304(a), completely

revised provisions under which determinations are to be made by

State agencies.

Subsec. (b). Pub. L. 96-265, Sec. 304(b), substituted provisions

covering the making of disability determinations by the Secretary

rather than by the State for provisions relating to agreements

between the Secretary and the State under which the State would

make disability determinations.

Subsec. (c). Pub. L. 96-265, Sec. 304(c), designated existing

provisions as par. (1), inserted provision that a review by the

Secretary on his own motion of a State agency determination may be

made before or after any action is taken to implement that

determination, and added pars. (2) and (3).

Subsec. (d). Pub. L. 96-265, Sec. 304(d), substituted "subsection

(a), (b), (c), or (g) of this section" for "subsection (a), (c), or

(g) of this section".

Subsec. (e). Pub. L. 96-265, Sec. 304(e), substituted "which is

making disability determinations under subsection (a)(1)" for

"which has an agreement with the Secretary", substituted "as

determined by the Secretary" for "as may be mutually agreed upon",

and substituted "making disability determinations under subsection

(a)(1)" for "carrying out the agreement under this section".

Subsec. (g). Pub. L. 96-265, Sec. 304(f), substituted "does not

undertake to perform disability determinations under subsection

(a)(1) of this section, or which has been found by the Secretary to

have substantially failed to make disability determinations in a

manner consistent with his regulations and guidelines" for "has no

agreement under subsection (b) of this section" and "for whom no

State undertakes to make disability determinations" for "not

included in an agreement under subsection (b) of this section".

Subsec. (i). Pub. L. 96-265, Sec. 311(a), added subsec. (i).

1968 - Subsec. (a). Pub. L. 90-248, Sec. 158(c)(3), substituted

in first sentence reference to "423(d)" for "423(c)".

Subsec. (c). Pub. L. 90-248, Sec. 158(c)(4), substituted

reference to "423(d)" for "423(c)".

1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 103(c)(7), inserted

reference to section 423(c) of this title.

Subsec. (c). Act Aug. 1, 1956, Sec. 103(c)(8), restricted

disability to definition of such term contained in section 416(i)

or 423(c) of this title.

Subsec. (e). Act Aug. 1, 1956, Sec. 103(h), substituted "Trust

Funds" for "Trust Fund", and provided for adjustments between the

Federal Old-Age and Survivors Insurance Trust Fund and the Federal

Disability Insurance Trust Fund with respect to payments made under

this subsection.

Subsec. (f). Act Aug. 1, 1956, Sec. 103(h), substituted "Trust

Funds" for "Trust Fund".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 101(b)(1)(A) of Pub. L. 106-170 effective

with the first month following one year after Dec. 17, 1999,

subject to section 101(d) of Pub. L. 106-170, see section 101(c) of

Pub. L. 106-170, set out as an Effective Date note under section

1320b-19 of this title.

Pub. L. 106-170, title I, Sec. 111(b), Dec. 17, 1999, 113 Stat.

1881, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on January 1, 2002."

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 1990 AMENDMENT

Section 5128(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to determinations made by State agencies in fiscal years

after fiscal year 1990."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10306(a)(3) of Pub. L. 101-239 provided that: "The

amendment made by this section [amending this section] shall apply

with respect to notices issued on or after July 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8012(b) of Pub. L. 100-647 provided that: "The amendment

made by this section [amending this section] shall apply to reports

required to be submitted after the date of the enactment of this

Act [Nov. 10, 1988]."

EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENTS

Section 8(c) of Pub. L. 98-460 provided that: "The amendments

made by this section [amending this section and section 1382c of

this title] shall apply to determinations made after 60 days after

the date of the enactment of this Act [Oct. 9, 1984]."

Section 17(b) of Pub. L. 98-460 provided that: "The amendments

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

shall become effective on the date of the enactment of this Act

[Oct. 9, 1984] and shall expire on December 31, 1987. The

provisions of the Social Security Act amended by subsection (a) of

this section (as such provisions were in effect immediately before

the date of the enactment of this Act) shall be effective after

December 31, 1987."

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 3(b) of Pub. L. 97-455 provided that: "The amendments

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

effective on the date of the enactment of this Act [Jan. 12,

1983]."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 304(h) of Pub. L. 96-265 provided that: "The amendments

made by subsections (a), (b), (d), (e), and (f) [amending this

section] shall be effective beginning with the twelfth month

following the month in which this Act is enacted [June 1980]. Any

State that, on the effective date of the amendments made by this

section, has in effect an agreement with the Secretary of Health

and Human Services under section 221(a) of the Social Security Act

[subsec. (a) of this section] (as in effect prior to such

amendments) will be deemed to have given to the Secretary the

notice specified in section 221(a)(1) of such Act as amended by

this section, in lieu of continuing such agreement in effect after

the effective date of such amendments. Thereafter, a State may

notify the Secretary in writing that it no longer wishes to make

disability determinations, effective not less than 180 days after

the notification is given."

Section 311(b) of Pub. L. 96-265 provided that: "The amendment

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

effective on January 1, 1982."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-248 applicable with respect to

application for disability insurance benefits under section 423 of

this title and to disability determinations under section 416(i) of

this title, see section 158(e) of Pub. L. 90-248, set out as a note

under section 423 of this title.

ELECTION UNDER SUBSECTION (L)(1) BY CURRENT RECIPIENTS

Section 10306(a)(2) of Pub. L. 101-239 provided that: "Not later

than July 1, 1990, the Secretary of Health and Human Services shall

provide every individual receiving benefits under title II of the

Social Security Act [this subchapter] on the basis of disability by

reason of blindness an opportunity to make an election under

section 221(l)(1) of such Act [subsec. (l)(1) of this section] (as

added by paragraph (1))."

MORATORIUM ON MENTAL IMPAIRMENT REVIEWS

Section 5 of Pub. L. 98-460 provided that:

"(a) The Secretary of Health and Human Services (hereafter in

this section referred to as the 'Secretary') shall revise the

criteria embodied under the category 'Mental Disorders' in the

'Listing of Impairments' in effect on the date of the enactment of

this Act [Oct. 9, 1984] under appendix 1 to subpart P of part 404

of title 20 of the Code of Federal Regulations. The revised

criteria and listings, alone and in combination with assessments of

the residual functional capacity of the individuals involved, shall

be designed to realistically evaluate the ability of a mentally

impaired individual to engage in substantial gainful activity in a

competitive workplace environment. Regulations establishing such

revised criteria and listings shall be published no later than 120

days after the date of the enactment of this Act.

"(b)(1) Until such time as revised criteria have been established

by regulation in accordance with subsection (a), no continuing

eligibility review shall be carried out under section 221(i) of the

Social Security Act [subsec. (i) of this section], or under the

corresponding requirements established for disability

determinations and reviews under title XVI of such Act [subchapter

XVI of this chapter], with respect to any individual previously

determined to be under a disability by reason of a mental

impairment, if -

"(A) no initial decision on such review has been rendered with

respect to such individual prior to the date of the enactment of

this Act, or

"(B) an initial decision on such review was rendered with

respect to such individual prior to the date of the enactment of

this Act but a timely appeal from such decision was filed or was

pending on or after June 7, 1983.

For purposes of this paragraph and subsection (c)(1) the term

'continuing eligibility review', when used to refer to a review of

a previous determination of disability, includes any

reconsideration of or hearing on the initial decision rendered in

such review as well as such initial decision itself, and any review

by the Appeals Council of the hearing decision.

"(2) Paragraph (1) shall not apply in any case where the

Secretary determines that fraud was involved in the prior

determination, or where an individual (other than an individual

eligible to receive benefits under section 1619 of the Social

Security Act [section 1382h of this title]) is determined by the

Secretary to be engaged in substantial gainful activity (or gainful

activity, in the case of a widow, surviving divorced wife, widower,

or surviving divorced husband for purposes of section 202(e) and

(f) of such Act [section 402(e), (f) of this title]).

"(c)(1) Any initial determination that an individual is not under

a disability by reason of a mental impairment and any determination

that an individual is not under a disability by reason of a mental

impairment in a reconsideration of or hearing on an initial

disability determination, made or held under title II or XVI of the

Social Security Act [this subchapter or subchapter XVI of this

chapter] after the date of the enactment of this Act [Oct. 9, 1984]

and prior to the date on which revised criteria are established by

regulation in accordance with subsection (a), and any determination

that an individual is not under a disability by reason of a mental

impairment made under or in accordance with title II or XVI of such

Act in a reconsideration of, hearing on, review by the Appeals

Council of, or judicial review of a decision rendered in any

continuing eligibility review to which subsection (b)(1) applies,

shall be redetermined by the Secretary as soon as feasible after

the date on which such criteria are so established, applying such

revised criteria.

"(2) In the case of a redetermination under paragraph (1) of a

prior action which found that an individual was not under a

disability, if such individual is found on redetermination to be

under a disability, such redetermination shall be applied as though

it had been made at the time of such prior action.

"(3) Any individual with a mental impairment who was found to be

not disabled pursuant to an initial disability determination or a

continuing eligibility review between March 1, 1981, and the date

of the enactment of this Act [Oct. 9, 1984], and who reapplies for

benefits under title II or XVI of the Social Security Act, may be

determined to be under a disability during the period considered in

the most recent prior determination. Any reapplication under this

paragraph must be filed within one year after the date of the

enactment of this Act, and benefits payable as a result of the

preceding sentence shall be paid only on the basis of the

reapplication."

INSTITUTION OF NOTIFICATION SYSTEM

Section 6(c) of Pub. L. 98-460 provided that: "The Secretary

shall institute a system of notification required by the amendments

made by subsections (a) and (b) [amending this section and section

1383b of this title] as soon as is practicable after the date of

the enactment of this Act [Oct. 9, 1984]."

DEMONSTRATION PROJECTS; OPPORTUNITY FOR PERSONAL APPEARANCE PRIOR

TO DISABILITY DETERMINATIONS; REPORT TO CONGRESSIONAL COMMITTEES

Section 6(d), (e) of Pub. L. 98-460 provided that:

"(d) The Secretary of Health and Human Services shall, as soon as

practicable after the date of the enactment of this Act [Oct. 9,

1984], implement demonstration projects in which the opportunity

for a personal appearance prior to a determination of ineligibility

for persons reviewed under section 221(i) of the Social Security

Act [subsec. (i) of this section] is substituted for the face to

face evidentiary hearing required by section 205(b)(2) of such Act

[section 405(b)(2) of this title]. Such demonstration projects

shall be conducted in not fewer than five States, and shall also

include disability determinations with respect to individuals

reviewed under title XVI of such Act [subchapter XVI of this

chapter]. The Secretary shall report to the Committee on Ways and

Means of the House of Representatives and the Committee on Finance

of the Senate concerning such demonstration projects, together with

any recommendations, not later than December 31, 1986.

"(e) The Secretary of Health and Human Services shall, as soon as

practicable after the date of the enactment of this Act, implement

demonstration projects in which the opportunity for a personal

appearance is provided the applicant prior to initial disability

determinations under subsections (a), (c), and (g) of section 221

of the Social Security Act, and prior to initial disability

determinations on applications for benefits under title XVI of such

Act. Such demonstration projects shall be conducted in not fewer

than five States. The Secretary shall report to the Committee on

Ways and Means of the House of Representatives and the Committee on

Finance of the Senate concerning such demonstration projects,

together with any recommendations, not later than December 31,

1986."

PROMULGATION OF REGULATIONS

Section 9(a)(2) of Pub. L. 98-460 provided that: "The Secretary

of Health and Human Services shall prescribe regulations required

under section 221(j) of the Social Security Act [subsec. (j) of

this section] not later than 180 days after the date of the

enactment of this Act [Oct. 9, 1984]."

FREQUENCY OF CONTINUING ELIGIBILITY REVIEWS

Section 15 of Pub. L. 98-460 provided that: "The Secretary of

Health and Human Services shall promulgate final regulations,

within 180 days after the date of the enactment of this Act [Oct.

9, 1984], which establish the standards to be used by the Secretary

in determining the frequency of reviews under section 221(i) of the

Social Security Act [subsec. (j) of this section]. Until such

regulations have been issued as final regulations, no individual

may be reviewed more than once under section 221(i) of the Social

Security Act."

TRAVEL EXPENSES FOR MEDICAL EXAMINATIONS, RECONSIDERATION

INTERVIEWS, AND PROCEEDINGS BEFORE ADMINISTRATIVE LAW JUDGES

Provisions authorizing payment of travel expenses either on an

actual cost or commuted basis, to an individual for travel incident

to medical examinations, and to parties, their representatives and

all reasonably necessary witnesses for travel within the United

States, Puerto Rico, and the Virgin Islands, to reconsider

interviews and to proceedings before administrative law judges

under subchapters II, XVI, and XVIII of this chapter were contained

in the following appropriation acts:

Oct. 18, 1978, Pub. L. 95-480, title II, 92 Stat. 1582.

Sept. 30, 1976, Pub. L. 94-439, title II, 90 Stat. 1432.

Jan. 28, 1976, Pub. L. 94-206, title II, 90 Stat. 17.

Dec. 7, 1974, Pub. L. 93-517, title II, 88 Stat. 1645.

Dec. 18, 1973, Pub. L. 93-192, title II, 87 Stat. 759.

Aug. 10, 1971, Pub. L. 92-80, title II, 85 Stat. 296.

Jan. 11, 1971, Pub. L. 91-667, title II, 84 Stat. 2013.

Mar. 5, 1970, Pub. L. 91-204, title II, 84 Stat. 41.

Oct. 11, 1968, Pub. L. 90-557, title II, 82 Stat. 988.

Nov. 8, 1967, Pub. L. 90-132, title II, 81 Stat. 402.

Nov. 7, 1966, Pub. L. 89-787, title II, 80 Stat. 1395.

Aug. 31, 1965, Pub. L. 89-156, title II, 79 Stat. 604.

Sept. 19, 1964, Pub. L. 88-605, title II, 78 Stat. 974.

Oct. 11, 1963, Pub. L. 88-136, title II, 77 Stat. 239.

Aug. 14, 1962, Pub. L. 87-582, title II, 76 Stat. 375.

Sept. 22, 1961, Pub. L. 87-290, title II, 75 Stat. 604.

Sept. 2, 1960, Pub. L. 86-703, title II, 74 Stat. 769.

Aug. 14, 1959, Pub. L. 86-158, title II, 73 Stat. 352.

Aug. 1, 1958, Pub. L. 85-580, title II, 72 Stat. 471.

June 29, 1957, Pub. L. 85-67, title II, 71 Stat. 221.

June 29, 1956, ch. 477, title II, 70 Stat. 434.

Aug. 1, 1955, ch. 437, title II, 69 Stat. 408.

REVIEW OF DECISIONS RENDERED BY ADMINISTRATIVE LAW JUDGES AS RESULT

OF DISABILITY HEARINGS; REPORT TO CONGRESS

Section 304(g) of Pub. L. 96-265 provided that: "The Secretary of

Health and Human Services shall implement a program of reviewing,

on his own motion, decisions rendered by administrative law judges

as a result of hearings under section 221(d) of the Social Security

Act [subsec. (d) of this section], and shall report to the Congress

by January 1, 1982, on his progress."

ASSUMPTION BY SECRETARY OF FUNCTIONS AND OPERATIONS OF STATE

DISABILITY DETERMINATION UNITS

Section 304(i) of Pub. L. 96-265 directed Secretary of Health and

Human Services to submit to Congress by July 1, 1980, a detailed

plan on how he intended to assume functions and operations of a

State disability determination unit when this became necessary

under amendments made by this section [amending this section], and

how he intended to meet requirements of section 221(b)(3) of Social

Security Act [subsec. (b)(3) of this section]. Such plan was to

assume the uninterrupted operation of disability determination

function and utilization of best qualified personnel to carry out

such function, and was to include recommendations for any amendment

of Federal law or regulation required to carry out such plan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 405, 423, 425,

1320b-6, 1320b-19, 1382c, 1383, 1383b of this title; title 7

section 2012; title 30 section 923.

-End-

-CITE-

42 USC Sec. 422 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. 422. Rehabilitation services

-STATUTE-

(a), (b) Repealed. Pub. L. 106-170, title I, Sec. 101(b)(1)(B),

(C), Dec. 17, 1999, 113 Stat. 1873

(c) "Period of trial work" defined

(1) The term "period of trial work", with respect to an

individual entitled to benefits under section 423, 402(d), 402(e),

or 402(f) of this title, means a period of months beginning and

ending as provided in paragraphs (3) and (4).

(2) For purposes of sections 416(i) and 423 of this title, any

services rendered by an individual during a period of trial work

shall be deemed not to have been rendered by such individual in

determining whether his disability has ceased in a month during

such period. For purposes of this subsection the term "services"

means activity (whether legal or illegal) which is performed for

remuneration or gain or is determined by the Commissioner of Social

Security to be of a type normally performed for remuneration or

gain.

(3) A period of trial work for any individual shall begin with

the month in which he becomes entitled to disability insurance

benefits, or, in the case of an individual entitled to benefits

under section 402(d) of this title who has attained the age of

eighteen, with the month in which he becomes entitled to such

benefits or the month in which he attains the age of eighteen,

whichever is later, or, in the case of an individual entitled to

widow's or widower's insurance benefits under section 402(e) or (f)

of this title who became entitled to such benefits prior to

attaining age 60, with the month in which such individual becomes

so entitled. Notwithstanding the preceding sentence, no period of

trial work may begin for any individual prior to the beginning of

the month following September 1960; and no such period may begin

for an individual in a period of disability of such individual in

which he had a previous period of trial work.

(4) A period of trial work for any individual shall end with the

close of whichever of the following months is the earlier:

(A) the ninth month, in any period of 60 consecutive months, in

which the individual renders services (whether or not such nine

months are consecutive); or

(B) the month in which his disability (as defined in section

423(d) of this title) ceases (as determined after application of

paragraph (2) of this subsection).

(d) Cost of rehabilitation services from trust funds

(1) For purposes of making vocational rehabilitation services

more readily available to disabled individuals who are -

(A) entitled to disability insurance benefits under section 423

of this title,

(B) entitled to child's insurance benefits under section 402(d)

of this title after having attained age 18 (and are under a

disability),

(C) entitled to widow's insurance benefits under section 402(e)

of this title prior to attaining age 60, or

(D) entitled to widower's insurance benefits under section

402(f) of this title prior to attaining age 60,

to the end that savings will accrue to the Trust Funds as a result

of rehabilitating such individuals, there are authorized to be

transferred from the Federal Old-Age and Survivors Insurance Trust

Fund and the Federal Disability Insurance Trust Fund each fiscal

year such sums as may be necessary to enable the Commissioner of

Social Security to reimburse the State for the reasonable and

necessary costs of vocational rehabilitation services furnished

such individuals (including services during their waiting periods),

under a State plan for vocational rehabilitation services approved

under title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et

seq.], (i) in cases where the furnishing of such services results

in the performance by such individuals of substantial gainful

activity for a continuous period of nine months, (ii) in cases

where such individuals receive benefits as a result of section

425(b) of this title (except that no reimbursement under this

paragraph shall be made for services furnished to any individual

receiving such benefits for any period after the close of such

individual's ninth consecutive month of substantial gainful

activity or the close of the month in which his or her entitlement

to such benefits ceases, whichever first occurs), and (iii) in

cases where such individuals, without good cause, refuse to

continue to accept vocational rehabilitation services or fail to

cooperate in such a manner as to preclude their successful

rehabilitation. The determination that the vocational

rehabilitation services contributed to the successful return of an

individual to substantial gainful activity, the determination that

an individual, without good cause, refused to continue to accept

vocational rehabilitation services or failed to cooperate in such a

manner as to preclude successful rehabilitation, and the

determination of the amount of costs to be reimbursed under this

subsection shall be made by the Commissioner of Social Security in

accordance with criteria formulated by the Commissioner.

(2) In the case of any State which is unwilling to participate or

does not have a plan which meets the requirements of paragraph (1),

the Commissioner of Social Security may provide such services in

such State by agreement or contract with other public or private

agencies, organizations, institutions, or individuals. The

provision of such services shall be subject to the same conditions

as otherwise apply under paragraph (1).

(3) Payments under this subsection shall be made in advance or by

way of reimbursement, with necessary adjustments for overpayments

and underpayments.

(4) Money paid from the Trust Funds under this subsection for the

reimbursement of the costs of providing services to individuals who

are entitled to benefits under section 423 of this title (including

services during their waiting periods), or who are entitled to

benefits under section 402(d) of this title on the basis of the

wages and self-employment income of such individuals, shall be

charged to the Federal Disability Insurance Trust Fund, and all

other money paid from the Trust Funds under this subsection shall

be charged to the Federal Old-Age and Survivors Insurance Trust

Fund. The Commissioner of Social Security shall determine according

to such methods and procedures as the Commissioner may deem

appropriate -

(A) the total amount to be reimbursed for the cost of services

under this subsection, and

(B) subject to the provisions of the preceding sentence, the

amount which should be charged to each of the Trust Funds.

(5) For purposes of this subsection the term "vocational

rehabilitation services" shall have the meaning assigned to it in

title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.],

except that such services may be limited in type, scope, or amount

in accordance with regulations of the Commissioner of Social

Security designed to achieve the purpose of this subsection.

(e) Treatment referrals for individuals with alcoholism or drug

addiction condition

In the case of any individual whose benefits under this

subchapter are paid to a representative payee pursuant to section

405(j)(1)(B) of this title, the Commissioner of Social Security

shall refer such individual to the appropriate State agency

administering the State plan for substance abuse treatment services

approved under subpart II of part B of title XIX of the Public

Health Service Act (42 U.S.C. 300x-21 et seq.).

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 222, as added Sept. 1,

1954, ch. 1206, title I, Sec. 106(g) 68 Stat. 1081; amended Aug. 1,

1956, ch. 836, title I, Sec. 103(b), 70 Stat. 817; Pub. L. 85-840,

title II, Sec. 205(n), title III, Sec. 307(g), Aug. 28, 1958, 72

Stat. 1025, 1032; Pub. L. 86-778, title IV, Sec. 403(a), Sept. 13,

1960, 74 Stat. 968; Pub. L. 89-97, title III, Secs. 306(c)(14),

308(d)(11), 336, July 30, 1965, 79 Stat. 373, 379, 408; Pub. L.

90-248, title I, Secs. 104(d)(3), (4), 158(c)(5), Jan. 2, 1968, 81

Stat. 832, 869; Pub. L. 92-603, title I, Secs. 107(b)(3), (4), 131,

Oct. 30, 1972, 86 Stat. 1343, 1360; Pub. L. 96-265, title III, Sec.

303(a), June 9, 1980, 94 Stat. 451; Pub. L. 97-35, title XXII, Sec.

2209(a), Aug. 13, 1981, 95 Stat. 840; Pub. L. 98-21, title III,

Sec. 309(l)-(n), Apr. 20, 1983, 97 Stat. 117; Pub. L. 98-369, div.

B, title VI, Sec. 2663(a)(15), July 18, 1984, 98 Stat. 1165; Pub.

L. 98-460, Sec. 11(a), Oct. 9, 1984, 98 Stat. 1805; Pub. L.

101-508, title V, Sec. 5112(a), Nov. 5, 1990, 104 Stat. 1388-273;

Pub. L. 103-296, title I, Sec. 107(a)(4), title II, Sec.

201(a)(4)(B), Aug. 15, 1994, 108 Stat. 1478, 1499; Pub. L. 104-121,

title I, Sec. 105(a)(3), Mar. 29, 1996, 110 Stat. 852; Pub. L.

106-170, title I, Sec. 101(b)(1)(B), (C), Dec. 17, 1999, 113 Stat.

1873.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (d)(1),

(5), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended.

Title I of the Rehabilitation Act of 1973 is classified generally

to subchapter I (Sec. 720 et seq.) of chapter 16 of Title 29,

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

Short Title note set out under section 701 of Title 29 and Tables.

The Public Health Service Act, referred to in subsec. (e), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended. Subpart II of part

B of title XIX of the Act is classified generally to subpart II

(Sec. 300x-21 et seq.) of part B of subchapter XVII of chapter 6A

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-170, Sec. 101(b)(1)(B), struck

out heading and text of subsec. (a). Text read as follows: "It is

declared to be the policy of the Congress that disabled individuals

applying for a determination of disability, and disabled

individuals who are entitled to child's insurance benefits, widow's

insurance benefits, or widower's insurance benefits, shall be

promptly referred to the State agency or agencies administering or

supervising the administration of the State plan approved under

title I of the Rehabilitation Act of 1973 for necessary vocational

rehabilitation services, to the end that the maximum number of such

individuals may be rehabilitated into productive activity."

Subsec. (b). Pub. L. 106-170, Sec. 101(b)(1)(C), struck out

heading and text of subsec. (b), which authorized deductions from

payments under this subchapter up to amount of benefits on account

of refusal without good cause to accept rehabilitation services,

and authorized deductions from payments to husbands, wives, or

children of individuals who refuse to accept such services with

exception for children between 18 and 22 who are full-time

students.

1996 - Subsec. (e). Pub. L. 104-121 added subsec. (e).

1994 - Subsec. (b)(1). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c)(2). Pub. L. 103-296, Sec. 201(a)(4)(B), inserted

"(whether legal or illegal)" after "activity".

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

Social Security" for "Secretary".

Subsec. (d)(1). Pub. L. 103-296, Sec. 107(a)(4), in closing

provisions substituted "Commissioner of Social Security to

reimburse" for "Secretary to reimburse".

Pub. L. 103-296, Sec. 107(a)(4), which directed the amendment of

this subchapter by substituting "the Commissioner" for "him" where

such word referred to the Secretary of Health and Human Services,

was executed in closing provisions by substituting "the

Commissioner" for "him" where referring to the Commissioner of

Social Security, to reflect the probable intent of Congress.

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

"Commissioner of Social Security" for "Secretary" and "the

Commissioner may" for "he may".

Subsec. (d)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

1990 - Subsec. (c)(4)(A). Pub. L. 101-508, Sec. 5112(a)(1),

substituted "in any period of 60 consecutive months" for "beginning

on or after the first day of such period".

Subsec. (c)(5). Pub. L. 101-508, Sec. 5112(a)(2), struck out par.

(5) which read as follows: "In the case of an individual who

becomes entitled to benefits under section 423 of this title for

any month as provided in clause (ii) of subsection (a)(1) of such

section, the preceding provisions of this subsection shall not

apply with respect to services in any month beginning with the

first month for which he is so entitled and ending with the first

month thereafter for which he is not entitled to benefits under

section 423 of this title."

1984 - Subsecs. (a), (b)(1). Pub. L. 98-369, Sec. 2663(a)(15)(A),

substituted "title I of the Rehabilitation Act of 1973" for "the

Vocational Rehabilitation Act".

Subsec. (b)(3). Pub. L. 98-369, Sec. 2663(a)(15)(B), substituted

"equals" for "equal".

Subsec. (b)(4). Pub. L. 98-369, Sec. 2663(a)(15)(C), substituted

"full-time elementary or secondary school student" for "full-time

student".

Subsec. (d)(1). Pub. L. 98-460, Sec. 11(a), in provisions

following subpar. (D) struck out "into substantial gainful

activity" after "rehabilitating such individuals", designated

existing provisions as cl. (i), added cls. (ii) and (iii), and

substituted "of an individual to substantial gainful activity, the

determination that an individual, without good cause, refused to

continue to accept vocational rehabilitation services or failed to

cooperate in such a manner as to preclude successful

rehabilitation," for "of such individuals to substantial gainful

activity" after cl. (iii).

1983 - Subsec. (b)(1). Pub. L. 98-21, Sec. 309(l), substituted ",

surviving divorced wife, or surviving divorced husband" for "or

surviving divorced wife".

Subsec. (b)(2). Pub. L. 98-21, Sec. 309(m), inserted "or

father's" after "mother's" wherever appearing.

Subsec. (b)(3). Pub. L. 98-21, Sec. 309(n), inserted "divorced

husband," after "husband,".

1981 - Subsec. (d). Pub. L. 97-35 substituted provisions

authorizing the transfer of funds as may be necessary to enable the

Secretary to reimburse the State for the reasonable and necessary

costs of vocational rehabilitation, under a State plan approved

under title I of the Rehabilitation Act of 1973, which results in

performance of substantial gainful activity for a continuous period

of nine months, with the determination that the vocational

rehabilitation services contributed to the successful return to

substantial gainful activity and the amount of costs to be

reimbursed made by the Commissioner of Social Security for

provisions authorizing the transfer of funds as may be necessary to

enable the Secretary to pay the cost of vocational rehabilitation

services, restricting the amount of such cost that may be expended

in any one fiscal year, establishing specific criteria which a

State plan must meet, and providing that the selection of

individuals to receive services be made in conformance with

criteria formulated by the Secretary.

1980 - Subsec. (c)(1). Pub. L. 96-265, Sec. 303(a)(1), inserted

references to sections 402(e) and 402(f) of this title.

Subsec. (c)(3). Pub. L. 96-265, Sec. 303(a)(2), inserted

reference to individuals entitled to widow's or widower's insurance

benefits under section 402(e) or (f) of this title who became

entitled to such benefits prior to attaining age 60.

1972 - Subsec. (b)(1). Pub. L. 92-603, Sec. 107(b)(3),

substituted "a widow, widower or surviving divorced wife who has

not attained age 60" or "a widow or surviving divorced wife who has

not attained age 60, a widower who has not attained age 62".

Subsec. (d)(1). Pub. L. 92-603, Secs. 107(b)(4), 131, substituted

"age 60" for "age 62", and inserted provisions increasing

applicable percentages so that the total amount made available

pursuant to subsec. (d) may not exceed 1.25 percent, in fiscal year

ending June 30, 1973, and 1.5 percent, in fiscal year ending June

30, 1974, and thereafter, of the total of the benefits under

section 402(d) of this title for children who have attained age 18

and are under a disability.

1968 - Subsec. (a). Pub. L. 90-248, Sec. 104(d)(3)(A), inserted

"widow's insurance benefits, or widower's insurance benefits,"

after "benefits,".

Subsec. (b)(1). Pub. L. 90-248, Sec. 104(d)(3)(B), substituted

"child's insurance benefits, a widow or surviving divorced wife who

has not attained age 60, a widower who has not attained age 62, or"

for "child's insurance benefits or if".

Subsec. (c)(4)(B). Pub. L. 90-248, Sec. 158(c)(5), substituted

reference to "423(d)" for "423(c)(2)".

Subsec. (d)(1). Pub. L. 90-248, Sec. 104(d)(4), added subpars.

(C) and (D), and inserted "the benefits under section 402(e) of

this title for widows and surviving divorced wives who have not

attained age 60 and are under a disability, the benefits under

section 402(f) of this title for widowers who have not attained age

62," after "disability," in text following subpar. (D).

1965 - Subsec. (b)(3). Pub. L. 89-97, Sec. 308(d)(11), inserted

"divorced wife," after "wife,".

Subsec. (b)(4). Pub. L. 89-97, Sec. 306(c)(14), added par. (4).

Subsec. (d). Pub. L. 89-97, Sec. 336, added subsec. (d).

1960 - Subsec. (c). Pub. L. 86-778 amended subsection generally

by substituting provisions relating to period of trial work for

provisions which related to services performed pursuant to a

State-approved rehabilitation program.

1958 - Subsec. (b). Pub. L. 85-840 designated existing provisions

thereof as par. (1) and added pars. (2) and (3).

1956 - Subsec. (a). Act Aug. 1, 1956, designated existing

provisions as subsec. (a), authorized referral of disabled

individuals who are entitled to child's insurance benefits, and

substituted "rehabilitated into productive activity" for "restored

to productive activity".

Subsecs. (b), (c). Act Aug. 1, 1956, added subsecs. (b) and (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-170 effective with the first month

following one year after Dec. 17, 1999, subject to section 101(d)

of Pub. L. 106-170, see section 101(c) of Pub. L. 106-170, set out

as an Effective Date note under section 1320b-19 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-121 effective July 1, 1996, with respect

to any individual whose claim for benefits is finally adjudicated

on or after Mar. 29, 1996, or whose entitlement to benefits is

based upon an entitlement redetermination made pursuant to section

105(a)(5)(C) of Pub. L. 104-121, see section 105(a)(5) of Pub. L.

104-121, as amended, set out as a note under section 405 of this

title.

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 201(a)(4)(C) of Pub. L. 103-296 provided that: "The

amendments made by this paragraph [amending this section and

section 423 of this title] shall take effect on the date of the

enactment of this Act [Aug. 15, 1994]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5112(b) of Pub. L. 101-508 provided that: "The amendments

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

January 1, 1992."

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 11(c) of Pub. L. 98-460 provided that: "The amendments

made by this section [amending this section and section 1382d of

this title] shall apply with respect to individuals who receive

benefits as a result of section 225(b) or section 1631(a)(6) of the

Social Security Act [section 425(b) or 1383(a)(6) of this title],

or who refuse to continue to accept rehabilitation services or fail

to cooperate in an approved vocational rehabilitation program, in

or after the first month following the month in which this Act is

enacted [October 1984]."

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

Amendment by 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.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2209(b) of Pub. L. 97-35 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to services rendered on or after October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-265 effective on first day of sixth month

which begins after June 9, 1980, and applicable 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.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-603 applicable with respect to monthly

benefits under this subchapter for months after Dec. 1972, with

specified exceptions, see section 107(c) of Pub. L. 92-603, set out

as a note under section 402 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 104(d)(3), (4) 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.

Amendment by section 158(c)(5) 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

section 416(i) of this title, see section 158(e) of Pub. L. 90-248,

set out as a note under section 423 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 308(d)(11) 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.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 403(e) of Pub. L. 86-778 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall be effective only with respect to months beginning after the

month in which this Act is enacted [September 1960].

"(2) The amendments made by subsections (b) and (d) [amending

sections 423 and 402 of this title] shall apply only with respect

to benefits under section 223(a) or 202(d) of the Social Security

Act [section 423(a) or 402(d) of this title] for months after the

month in which this Act is enacted in the case of individuals who,

without regard to such amendments, would have been entitled to such

benefits for the month in which this Act is enacted or for any

succeeding month.

"(3) The amendment made by subsection (c) [amending section 416

of this title] shall apply only in the case of individuals who have

a period of disability (as defined in section 216(i) of the Social

Security Act [section 416(i) of this title]) beginning on or after

the date of the enactment of this Act [Sept. 13, 1960], or

beginning before such date and continuing, without regard to such

amendment, beyond the end of the month in which this Act is

enacted."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 205(n) 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 August 28, 1958, see section 207(a) of Pub. L. 85-840,

set out as a note under section 416 of this title.

Section 307(h)(3) of Pub. L. 85-840 provided that: "The

amendments made by subsection (g) [amending this section] shall

apply with respect to monthly benefits under section 202 of the

Social Security Act [section 402 of this title] for months,

occurring after the month in which this Act is enacted [August

1958], in which a deduction is incurred under paragraph (1) of

section 222(b) of the Social Security Act [subsec. (b)(1) of this

section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 403, 423, 424a, 426,

434, 1320b-19, 1382d of this title; title 20 section 3441; title 26

sections 1402, 3127; title 29 section 762a.

-End-

-CITE-

42 USC Sec. 423 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. 423. Disability insurance benefit payments

-STATUTE-

(a) Disability insurance benefits

(1) Every individual who -

(A) is insured for disability insurance benefits (as determined

under subsection (c)(1) of this section),

(B) has not attained retirement age (as defined in section

416(l) of this title),

(C) has filed application for disability insurance benefits,

and

(D) is under a disability (as defined in subsection (d) of this

section)

shall be entitled to a disability insurance benefit (i) for each

month beginning with the first month after his waiting period (as

defined in subsection (c)(2) of this section) in which he becomes

so entitled to such insurance benefits, or (ii) for each month

beginning with the first month during all of which he is under a

disability and in which he becomes so entitled to such insurance

benefits, but only if he was entitled to disability insurance

benefits which terminated, or had a period of disability (as

defined in section 416(i) of this title) which ceased, within the

60-month period preceding the first month in which he is under such

disability, and ending with the month preceding whichever of the

following months is the earliest: the month in which he dies, the

month in which he attains retirement age (as defined in section

416(l) of this title), or, subject to subsection (e) of this

section, the termination month. For purposes of the preceding

sentence, the termination month for any individual shall be the

third month following the month in which his disability ceases;

except that, in the case of an individual who has a period of trial

work which ends as determined by application of section

422(c)(4)(A) of this title, the termination month shall be the

earlier of (I) the third month following the earliest month after

the end of such period of trial work with respect to which such

individual is determined to no longer be suffering from a disabling

physical or mental impairment, or (II) the third month following

the earliest month in which such individual engages or is

determined able to engage in substantial gainful activity, but in

no event earlier than the first month occurring after the 36 months

following such period of trial work in which he engages or is

determined able to engage in substantial gainful activity. No

payment under this paragraph may be made to an individual who would

not meet the definition of disability in subsection (d) of this

section except for paragraph (1)(B) thereof for any month in which

he engages in substantial gainful activity, and no payment may be

made for such month under subsection (b), (c), or (d) of section

402 of this title to any person on the basis of the wages and

self-employment income of such individual. In the case of a

deceased individual, the requirement of subparagraph (C) may be

satisfied by an application for benefits filed with respect to such

individual within 3 months after the month in which he died.

(2) Except as provided in section 402(q) of this title and

section 415(b)(2)(A)(ii) of this title, such individual's

disability insurance benefit for any month shall be equal to his

primary insurance amount for such month determined under section

415 of this title as though he had attained age 62 in -

(A) the first month of his waiting period, or

(B) in any case in which clause (ii) of paragraph (1) of this

subsection is applicable, the first month for which he becomes

entitled to such disability insurance benefits,

and as though he had become entitled to old-age insurance benefits

in the month in which the application for disability insurance

benefits was filed and he was entitled to an old-age insurance

benefit for each month for which (pursuant to subsection (b) of

this section) he was entitled to a disability insurance benefit.

For the purposes of the preceding sentence, in the case of an

individual who attained age 62 in or before the first month

referred to in subparagraph (A) or (B) of such sentence, as the

case may be, the elapsed years referred to in section 415(b)(3) of

this title shall not include the year in which he attained age 62,

or any year thereafter.

(b) Filing application

An application for disability insurance benefits filed before the

first month in which the applicant satisfies the requirements for

such benefits (as prescribed in subsection (a)(1) of this section)

shall be deemed a valid application (and shall be deemed to have

been filed in such first month) only if the applicant satisfies the

requirements for such benefits 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). An individual who would have

been entitled to a disability insurance benefit for any month had

he filed application therefor before the end of such month shall be

entitled to such benefit for such month if such application is

filed before the end of the 12th month immediately succeeding such

month.

(c) Definitions; insured status; waiting period

For purposes of this section -

(1) An individual shall be insured for disability insurance

benefits in any month 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 month, and

(B)(i) he had not less than 20 quarters of coverage during

the 40-quarter period which ends with the quarter in which such

month occurred, or

(ii) if such month ends before the quarter in which 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

the quarter in which such month occurred 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 section 416(i)(3)(B)(ii) of

this title, 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 the quarter in which

such month occurs 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 section 416(i)(1) of

this title). 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 period of disability unless such quarter was a

quarter of coverage.

(2) The term "waiting period" means, in the case of any

application for disability insurance benefits, the earliest

period of five consecutive calendar months -

(A) throughout which the individual with respect to whom such

application is filed has been under a disability, and

(B)(i) which begins not earlier than with the first day of

the seventeenth month before the month in which such

application is filed if such individual is insured for

disability insurance benefits in such seventeenth month, or

(ii) if he is not so insured in such month, which begins not

earlier than with the first day of the first month after such

seventeenth month in which he is so insured.

Notwithstanding the preceding provisions of this paragraph, no

waiting period may begin for any individual before January 1,

1957.

(d) "Disability" defined

(1) 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 which has

lasted or can be expected to last for a continuous period of not

less than 12 months; or

(B) in the case of an individual who has attained the age of 55

and is blind (within the meaning of "blindness" as defined in

section 416(i)(1) of this title), inability by reason of such

blindness to engage in substantial gainful activity requiring

skills or abilities comparable to those of any gainful activity

in which he has previously engaged with some regularity and over

a substantial period of time.

(2) For purposes of paragraph (1)(A) -

(A) An individual shall be determined to be under a disability

only if his physical or mental impairment or impairments are of

such severity that he is not only unable to do his previous work

but cannot, considering his age, education, and work experience,

engage in any other kind of substantial gainful work which exists

in the national economy, regardless of whether such work exists

in the immediate area in which he lives, or whether a specific

job vacancy exists for him, or whether he would be hired if he

applied for work. For purposes of the preceding sentence (with

respect to any individual), "work which exists in the national

economy" means work which exists in significant numbers either in

the region where such individual lives or in several regions of

the country.

(B) In determining whether an individual's physical or mental

impairment or impairments are of a sufficient medical severity

that such impairment or impairments could be the basis of

eligibility under this section, the Commissioner of Social

Security shall consider the combined effect of all of the

individual's impairments without regard to whether any such

impairment, if considered separately, would be of such severity.

If the Commissioner of Social Security does find a medically

severe combination of impairments, the combined impact of the

impairments shall be considered throughout the disability

determination process.

(C) An individual shall not be considered to be disabled for

purposes of this subchapter if alcoholism or drug addiction would

(but for this subparagraph) be a contributing factor material to

the Commissioner's determination that the individual is disabled.

(3) For purposes of this subsection, a "physical or mental

impairment" is an impairment that results from anatomical,

physiological, or psychological abnormalities which are

demonstrable by medically acceptable clinical and laboratory

diagnostic techniques.

(4)(A) The Commissioner of Social Security shall by regulations

prescribe the criteria for determining when services performed or

earnings derived from services demonstrate an individual's ability

to engage in substantial gainful activity. No individual who is

blind shall be regarded as having demonstrated an ability to engage

in substantial gainful activity on the basis of earnings that do

not exceed an amount equal to the exempt amount which would be

applicable under section 403(f)(8) of this title, to individuals

described in subparagraph (D) thereof, if section 102 of the Senior

Citizens' Right to Work Act of 1996 had not been enacted.

Notwithstanding the provisions of paragraph (2), an individual

whose services or earnings meet such criteria shall, except for

purposes of section 422(c) of this title, be found not to be

disabled. In determining whether an individual is able to engage in

substantial gainful activity by reason of his earnings, where his

disability is sufficiently severe to result in a functional

limitation requiring assistance in order for him to work, there

shall be excluded from such earnings an amount equal to the cost

(to such individual) of any attendant care services, medical

devices, equipment, prostheses, and similar items and services (not

including routine drugs or routine medical services unless such

drugs or services are necessary for the control of the disabling

condition) which are necessary (as determined by the Commissioner

of Social Security in regulations) for that purpose, whether or not

such assistance is also needed to enable him to carry out his

normal daily functions; except that the amounts to be excluded

shall be subject to such reasonable limits as the Commissioner of

Social Security may prescribe.

(B) In determining under subparagraph (A) when services performed

or earnings derived from services demonstrate an individual's

ability to engage in substantial gainful activity, the Commissioner

of Social Security shall apply the criteria described in

subparagraph (A) with respect to services performed by any

individual without regard to the legality of such services.

(5)(A) An individual shall not be considered to be under a

disability unless he furnishes such medical and other evidence of

the existence thereof as the Commissioner of Social Security may

require. An individual's statement as to pain or other symptoms

shall not alone be conclusive evidence of disability as defined in

this section; there must be medical signs and findings, established

by medically acceptable clinical or laboratory diagnostic

techniques, which show the existence of a medical impairment that

results from anatomical, physiological, or psychological

abnormalities which could reasonably be expected to produce the

pain or other symptoms alleged and which, when considered with all

evidence required to be furnished under this paragraph (including

statements of the individual or his physician as to the intensity

and persistence of such pain or other symptoms which may reasonably

be accepted as consistent with the medical signs and findings),

would lead to a conclusion that the individual is under a

disability. Objective medical evidence of pain or other symptoms

established by medically acceptable clinical or laboratory

techniques (for example, deteriorating nerve or muscle tissue) must

be considered in reaching a conclusion as to whether the individual

is under a disability. Any non-Federal hospital, clinic,

laboratory, or other provider of medical services, or physician not

in the employ of the Federal Government, which supplies medical

evidence required and requested by the Commissioner of Social

Security under this paragraph shall be entitled to payment from the

Commissioner of Social Security for the reasonable cost of

providing such evidence.

(B) In making any determination with respect to whether an

individual is under a disability or continues to be under a

disability, the Commissioner of Social Security shall consider all

evidence available in such individual's case record, and shall

develop a complete medical history of at least the preceding twelve

months for any case in which a determination is made that the

individual is not under a disability. In making any determination

the Commissioner of Social Security shall make every reasonable

effort to obtain from the individual's treating physician (or other

treating health care provider) all medical evidence, including

diagnostic tests, necessary in order to properly make such

determination, prior to evaluating medical evidence obtained from

any other source on a consultative basis.

(6)(A) Notwithstanding any other provision of this subchapter,

any physical or mental impairment which arises in connection with

the commission by an individual (after October 19, 1980) of an

offense which constitutes a felony under applicable law and for

which such individual is subsequently convicted, or which is

aggravated in connection with such an offense (but only to the

extent so aggravated), shall not be considered in determining

whether an individual is under a disability.

(B) Notwithstanding any other provision of this subchapter, any

physical or mental impairment which arises in connection with an

individual's confinement in a jail, prison, or other penal

institution or correctional facility pursuant to such individual's

conviction of an offense (committed after October 19, 1980)

constituting a felony under applicable law, or which is aggravated

in connection with such a confinement (but only to the extent so

aggravated), shall not be considered in determining whether such

individual is under a disability for purposes of benefits payable

for any month during which such individual is so confined.

(e) Engaging in substantial gainful activity

(1) No benefit shall be payable under subsection (d)(1)(B)(ii),

(d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of

section 402 of this title or under subsection (a)(1) of this

section to an individual for any month, after the third month, in

which he engages in substantial gainful activity during the

36-month period following the end of his trial work period

determined by application of section 422(c)(4)(A) of this title.

(2) No benefit shall be payable under section 402 of this title

on the basis of the wages and self-employment income of an

individual entitled to a benefit under subsection (a)(1) of this

section for any month for which the benefit of such individual

under subsection (a)(1) of this section is not payable under

paragraph (1).

(f) Standard of review for termination of disability benefits

A recipient of benefits under this subchapter or subchapter XVIII

of this chapter based on the disability of any individual may be

determined not to be entitled to such benefits 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 only if such finding is supported by -

(1) substantial evidence which demonstrates that -

(A) there has been any medical improvement in the

individual's impairment or combination of impairments (other

than medical improvement which is not related to the

individual's ability to work), and

(B) the individual is now able to engage in substantial

gainful activity; or

(2) substantial evidence which -

(A) consists of new medical evidence and a new assessment of

the individual's residual functional capacity, and demonstrates

that -

(i) although the individual has not improved medically, he

or she is nonetheless a beneficiary of advances in medical or

vocational therapy or technology (related to the individual's

ability to work), and

(ii) the individual is now able to engage in substantial

gainful activity, or

(B) demonstrates that -

(i) although the individual has not improved medically, he

or she has undergone vocational therapy (related to the

individual's ability to work), and

(ii) the individual is now able to engage in substantial

gainful activity; or

(3) substantial evidence which demonstrates that, as determined

on the basis of new or improved diagnostic techniques or

evaluations, the individual's impairment or combination of

impairments is not as disabling as it was considered to be at the

time of the most recent prior decision that he or she was under a

disability or continued to be under a disability, and that

therefore the individual is able to engage in substantial gainful

activity; or

(4) substantial evidence (which may be evidence on the record

at the time any prior determination of the entitlement to

benefits based on disability was made, or newly obtained evidence

which relates to that determination) which demonstrates that a

prior determination was in error.

Nothing in this subsection shall be construed to require a

determination that a recipient of benefits under this subchapter or

subchapter XVIII of this chapter based on an individual's

disability is entitled to such benefits if the prior determination

was fraudulently obtained or if the individual is engaged in

substantial gainful activity, cannot be located, or fails, without

good cause, to cooperate in a review of the entitlement to such

benefits or to follow prescribed treatment which would be expected

to restore his or her ability to engage in substantial gainful

activity. In making for purposes of the preceding sentence any

determination relating to fraudulent behavior by any individual or

failure by any individual without good cause to cooperate or to

take any required action, the Commissioner of Social Security shall

specifically take into account any physical, mental, educational,

or linguistic limitation such individual may have (including any

lack of facility with the English language). Any determination

under this section shall be made on the basis of all the evidence

available in the individual's case file, including new evidence

concerning the individual's prior or current condition which is

presented by the individual or secured by the Commissioner of

Social Security. Any determination made under this section shall be

made on the basis of the weight of the evidence and on a neutral

basis with regard to the individual's condition, without any

initial inference as to the presence or absence of disability being

drawn from the fact that the individual has previously been

determined to be disabled. For purposes of this subsection, a

benefit under this subchapter is based on an individual's

disability if it is a disability insurance benefit, a child's,

widow's, or widower's insurance benefit based on disability, or a

mother's or father's insurance benefit based on the disability of

the mother's or father's child who has attained age 16.

(g) Continued payment of disability benefits during appeal

(1) In any case where -

(A) an individual is a recipient of disability insurance

benefits, or of child's, widow's, or widower's insurance benefits

based on disability,

(B) the physical or mental impairment on the basis of which

such benefits are payable is found to have ceased, not to have

existed, or to no longer be disabling, and as a consequence such

individual is determined not to be entitled to such benefits, and

(C) a timely request for a hearing under section 421(d) of this

title, or for an administrative review prior to such hearing, is

pending with respect to the determination that he is not so

entitled,

such individual may elect (in such manner and form and within such

time as the Commissioner of Social Security shall by regulations

prescribe) to have the payment of such benefits, the payment of any

other benefits under this subchapter based on such individual's

wages and self-employment income, the payment of mother's or

father's insurance benefits to such individual's mother or father

based on the disability of such individual as a child who has

attained age 16, and the payment of benefits under subchapter XVIII

of this chapter based on such individual's disability, continued

for an additional period beginning with the first month beginning

after January 12, 1983, for which (under such determination) such

benefits are no longer otherwise payable, and ending with the

earlier of (i) the month preceding the month in which a decision is

made after such a hearing, or (ii) the month preceding the month in

which no such request for a hearing or an administrative review is

pending.

(2)(A) If an individual elects to have the payment of his

benefits continued for an additional period under paragraph (1),

and the final decision of the Commissioner of Social Security

affirms the determination that he is not entitled to such benefits,

any benefits paid under this subchapter pursuant to such election

(for months in such additional period) shall be considered

overpayments for all purposes of this subchapter, except as

otherwise provided in subparagraph (B).

(B) If the Commissioner of Social Security determines that the

individual's appeal of his termination of benefits was made in good

faith, all of the benefits paid pursuant to such individual's

election under paragraph (1) shall be subject to waiver

consideration under the provisions of section 404 of this title. In

making for purposes of this subparagraph any determination of

whether any individual's appeal is made in good faith, the

Commissioner of Social Security shall specifically take into

account any physical, mental, educational, or linguistic limitation

such individual may have (including any lack of facility with the

English language).

(h) Interim benefits in cases of delayed final decisions

(1) In any case in which an administrative law judge has

determined after a hearing as provided under section 405(b) of this

title that an individual is entitled to disability insurance

benefits or child's, widow's, or widower's insurance benefits based

on disability and the Commissioner of Social Security has not

issued the Commissioner's final decision in such case within 110

days after the date of the administrative law judge's

determination, such benefits shall be currently paid for the months

during the period beginning with the month preceding the month in

which such 110-day period expires and ending with the month

preceding the month in which such final decision is issued.

(2) For purposes of paragraph (1), in determining whether the

110-day period referred to in paragraph (1) has elapsed, any period

of time for which the action or inaction of such individual or such

individual's representative without good cause results in the delay

in the issuance of the Commissioner's final decision shall not be

taken into account to the extent that such period of time exceeds

20 calendar days.

(3) Any benefits currently paid under this subchapter pursuant to

this subsection (for the months described in paragraph (1)) shall

not be considered overpayments for any purpose of this subchapter

(unless payment of such benefits was fraudulently obtained), and

such benefits shall not be treated as past-due benefits for

purposes of section 406(b)(1) of this title.

(i) Reinstatement of entitlement

(1)(A) Entitlement to benefits described in subparagraph

(B)(i)(I) shall be reinstated in any case where the Commissioner

determines that an individual described in subparagraph (B) has

filed a request for reinstatement meeting the requirements of

paragraph (2)(A) during the period prescribed in subparagraph (C).

Reinstatement of such entitlement shall be in accordance with the

terms of this subsection.

(B) An individual is described in this subparagraph if -

(i) prior to the month in which the individual files a request

for reinstatement -

(I) the individual was entitled to benefits under this

section or section 402 of this title on the basis of disability

pursuant to an application filed therefor; and

(II) such entitlement terminated due to the performance of

substantial gainful activity;

(ii) the individual is under a disability and the physical or

mental impairment that is the basis for the finding of disability

is the same as (or related to) the physical or mental impairment

that was the basis for the finding of disability that gave rise

to the entitlement described in clause (i); and

(iii) the individual's disability renders the individual unable

to perform substantial gainful activity.

(C)(i) Except as provided in clause (ii), the period prescribed

in this subparagraph with respect to an individual is 60

consecutive months beginning with the month following the most

recent month for which the individual was entitled to a benefit

described in subparagraph (B)(i)(I) prior to the entitlement

termination described in subparagraph (B)(i)(II).

(ii) In the case of an individual who fails to file a

reinstatement request within the period prescribed in clause (i),

the Commissioner may extend the period if the Commissioner

determines that the individual had good cause for the failure to so

file.

(2)(A)(i) A request for reinstatement shall be filed in such

form, and containing such information, as the Commissioner may

prescribe.

(ii) A request for reinstatement shall include express

declarations by the individual that the individual meets the

requirements specified in clauses (ii) and (iii) of paragraph

(1)(B).

(B) A request for reinstatement filed in accordance with

subparagraph (A) may constitute an application for benefits in the

case of any individual who the Commissioner determines is not

entitled to reinstated benefits under this subsection.

(3) In determining whether an individual meets the requirements

of paragraph (1)(B)(ii), the provisions of subsection (f) of this

section shall apply.

(4)(A)(i) Subject to clause (ii), entitlement to benefits

reinstated under this subsection shall commence with the benefit

payable for the month in which a request for reinstatement is

filed.

(ii) An individual whose entitlement to a benefit for any month

would have been reinstated under this subsection had the individual

filed a request for reinstatement before the end of such month

shall be entitled to such benefit for such month if such request

for reinstatement is filed before the end of the twelfth month

immediately succeeding such month.

(B)(i) Subject to clauses (ii) and (iii), the amount of the

benefit payable for any month pursuant to the reinstatement of

entitlement under this subsection shall be determined in accordance

with the provisions of this subchapter.

(ii) For purposes of computing the primary insurance amount of an

individual whose entitlement to benefits under this section is

reinstated under this subsection, the date of onset of the

individual's disability shall be the date of onset used in

determining the individual's most recent period of disability

arising in connection with such benefits payable on the basis of an

application.

(iii) Benefits under this section or section 402 of this title

payable for any month pursuant to a request for reinstatement filed

in accordance with paragraph (2) shall be reduced by the amount of

any provisional benefit paid to such individual for such month

under paragraph (7).

(C) No benefit shall be payable pursuant to an entitlement

reinstated under this subsection to an individual for any month in

which the individual engages in substantial gainful activity.

(D) The entitlement of any individual that is reinstated under

this subsection shall end with the benefits payable for the month

preceding whichever of the following months is the earliest:

(i) The month in which the individual dies.

(ii) The month in which the individual attains retirement age.

(iii) The third month following the month in which the

individual's disability ceases.

(5) Whenever an individual's entitlement to benefits under this

section is reinstated under this subsection, entitlement to

benefits payable on the basis of such individual's wages and

self-employment income may be reinstated with respect to any person

previously entitled to such benefits on the basis of an application

if the Commissioner determines that such person satisfies all the

requirements for entitlement to such benefits except requirements

related to the filing of an application. The provisions of

paragraph (4) shall apply to the reinstated entitlement of any such

person to the same extent that they apply to the reinstated

entitlement of such individual.

(6) An individual to whom benefits are payable under this section

or section 402 of this title pursuant to a reinstatement of

entitlement under this subsection for 24 months (whether or not

consecutive) shall, with respect to benefits so payable after such

twenty-fourth month, be deemed for purposes of paragraph

(1)(B)(i)(I) and the determination, if appropriate, of the

termination month in accordance with subsection (a)(1) of this

section, or subsection (d)(1), (e)(1), or (f)(1) of section 402 of

this title, to be entitled to such benefits on the basis of an

application filed therefor.

(7)(A) An individual described in paragraph (1)(B) who files a

request for reinstatement in accordance with the provisions of

paragraph (2)(A) shall be entitled to provisional benefits payable

in accordance with this paragraph, unless the Commissioner

determines that the individual does not meet the requirements of

paragraph (1)(B)(i) or that the individual's declaration under

paragraph (2)(A)(ii) is false. Any such determination by the

Commissioner shall be final and not subject to review under

subsection (b) or (g) of section 405 of this title.

(B) The amount of a provisional benefit for a month shall equal

the amount of the last monthly benefit payable to the individual

under this subchapter on the basis of an application increased by

an amount equal to the amount, if any, by which such last monthly

benefit would have been increased as a result of the operation of

section 415(i) of this title.

(C)(i) Provisional benefits shall begin with the month in which a

request for reinstatement is filed in accordance with paragraph

(2)(A).

(ii) Provisional benefits shall end with the earliest of -

(I) the month in which the Commissioner makes a determination

regarding the individual's entitlement to reinstated benefits;

(II) the fifth month following the month described in clause

(i);

(III) the month in which the individual performs substantial

gainful activity; or

(IV) the month in which the Commissioner determines that the

individual does not meet the requirements of paragraph (1)(B)(i)

or that the individual's declaration made in accordance with

paragraph (2)(A)(ii) is false.

(D) In any case in which the Commissioner determines that an

individual is not entitled to reinstated benefits, any provisional

benefits paid to the individual under this paragraph shall not be

subject to recovery as an overpayment unless the Commissioner

determines that the individual knew or should have known that the

individual did not meet the requirements of paragraph (1)(B).

(j) Limitation on payments to prisoners

For provisions relating to limitation on payments to prisoners,

see section 402(x) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 223, as added Aug. 1, 1956,

ch. 836, title I, Sec. 103(a), 70 Stat. 815; amended Pub. L.

85-840, title II, Secs. 202, 204(b), Aug. 28, 1958, 72 Stat. 1020,

1021; Pub. L. 86-778, title III, Sec. 303(f), title IV, Secs.

401(a), (b), 402(a)-(d), 403(b), Sept. 13, 1960, 74 Stat. 964, 967,

969; Pub. L. 87-64, title I, Sec. 102(b)(2)(B), (C), (c)(2)(C),

(3)(D), (E), June 30, 1961, 75 Stat. 134, 135; Pub. L. 89-97, title

III, Secs. 302(e), 303(a)(2), (b)(3), (4), (c), 304(m), (n),

328(c), 344(b)-(d), July 30, 1965, 79 Stat. 366, 367, 370, 400,

413; Pub. L. 90-248, title I, Secs. 105(b), 158(a), (b),

(c)(6)-(8), Jan. 2, 1968, 81 Stat. 833, 867-869; Pub. L. 92-603,

title I, Secs. 104(c), (d), 116(a), 117(b), 118(a), Oct. 30, 1972,

86 Stat. 1340, 1350, 1351; Pub. L. 95-216, title III, Sec. 335,

Dec. 20, 1977, 91 Stat. 1547; Pub. L. 96-265, title I, Sec. 102(b),

title III, Secs. 302(a)(1), 303(b)(1)(A), (2)(A), 306(c), 309(a),

June 9, 1980, 94 Stat. 443, 450, 451, 453, 458, 459; Pub. L.

96-473, Sec. 5(a)(1), (c), Oct. 19, 1980, 94 Stat. 2264, 2265; Pub.

L. 97-123, Sec. 6, Dec. 29, 1981, 95 Stat. 1664; Pub. L. 97-455,

Sec. 2, Jan. 12, 1983, 96 Stat. 2498; Pub. L. 98-21, title II, Sec.

201(c)(1)(E), (3), title III, Secs. 309(o), 332(b), 339(b), Apr.

20, 1983, 97 Stat. 109, 117, 129, 134; Pub. L. 98-118, Sec. 2, Oct.

11, 1983, 97 Stat. 803; Pub. L. 98-369, div. B, title VI, Secs.

2661(m), 2662(c)(2), (i), 2663(a)(16), July 18, 1984, 98 Stat.

1158-1160, 1165; Pub. L. 98-460, Secs. 2(a), 3(a)(1), 4(a)(1),

7(a), 9(b)(1), Oct. 9, 1984, 98 Stat. 1794, 1799, 1800, 1803, 1805;

Pub. L. 99-272, title XII, Sec. 12107(b), Apr. 7, 1986, 100 Stat.

286; Pub. L. 99-514, title XVIII, Sec. 1883(a)(10), Oct. 22, 1986,

100 Stat. 2916; Pub. L. 100-203, title IX, Secs. 9009, 9010(a),

(e)(2), Dec. 22, 1987, 101 Stat. 1330-293, 1330-294; Pub. L.

100-647, title VIII, Secs. 8001(a), 8006, Nov. 10, 1988, 102 Stat.

3778, 3781; Pub. L. 101-239, title X, Secs. 10101, 10305(c), (d),

Dec. 19, 1989, 103 Stat. 2471, 2483; Pub. L. 101-508, title V,

Secs. 5102, 5103(a), (b)(2)-(5), 5118(a), Nov. 5, 1990, 104 Stat.

1388-250, 1388-251, 1388-278; Pub. L. 103-296, title I, Sec.

107(a)(4), title II, Sec. 201(a)(4)(A), title III, Sec. 321(a)(19),

(f)(1), Aug. 15, 1994, 108 Stat. 1478, 1499, 1537, 1540; Pub. L.

104-121, title I, Secs. 102(b)(2), 105(a)(1), Mar. 29, 1996, 110

Stat. 848, 852; Pub. L. 106-170, title I, Sec. 112(a), Dec. 17,

1999, 113 Stat. 1881.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Senior Citizens' Right to Work Act of 1996,

referred to in subsec. (d)(4)(A), is section 102 of title I of Pub.

L. 104-121, which amended this section and section 403 of this

title and enacted provisions set out as a note under section 403 of

this title.

-MISC1-

AMENDMENTS

1999 - Subsecs. (i), (j). Pub. L. 106-170 added subsec. (i) and

redesignated former subsec. (i) as (j).

1996 - Subsec. (d)(2)(C). Pub. L. 104-121, Sec. 105(a)(1), added

subpar. (C).

Subsec. (d)(4)(A). Pub. L. 104-121, Sec. 102(b)(2), substituted

"an amount equal to the exempt amount which would be applicable

under section 403(f)(8) of this title, to individuals described in

subparagraph (D) thereof, if section 102 of the Senior Citizens'

Right to Work Act of 1996 had not been enacted" for "the exempt

amount under section 403(f)(8) of this title which is applicable to

individuals described in subparagraph (D) thereof".

1994 - Subsecs. (b), (d)(2)(B). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (d)(4). Pub. L. 103-296, Sec. 201(a)(4)(A), designated

existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 103-296, Sec. 107(a)(4), in par. (4) as amended by Pub.

L. 103-296, Sec. 201(a)(4)(A), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing.

Subsec. (d)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

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

"Commissioner of Social Security" for "Secretary" in two places in

closing provisions.

Subsec. (f)(2)(A). Pub. L. 103-296, Sec. 321(f)(1)(A), struck out

"(in a case to which clause (ii)(II) does not apply)" after "new

medical evidence and" in introductory provisions.

Subsec. (f)(2)(B)(ii). Pub. L. 103-296, Sec. 321(f)(1)(B), added

cl. (ii) and struck out former cl. (ii) which read as follows: "the

requirements of subclause (I) or (II) of subparagraph (A)(ii) are

met; or".

Subsecs. (g), (h). 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), and

"Commissioner's" for "Secretary's" in subsec. (h)(2).

Subsec. (i). Pub. L. 103-296, Sec. 321(a)(19), inserted heading.

1990 - Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 5103(a)(1),

struck out "(except a widow, surviving divorced wife, widower, or

surviving divorced husband for purposes of section 402(e) or (f) of

this title)" after "An individual".

Subsec. (d)(2)(B), (C). Pub. L. 101-508, Sec. 5103(a)(2), (3),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: "A widow, surviving divorced wife, widower,

or surviving divorced husband shall not be determined to be under a

disability (for purposes of section 402(e) or (f) of this title)

unless his or her physical or mental impairment or impairments are

of a level of severity which under regulations prescribed by the

Secretary is deemed to be sufficient to preclude an individual from

engaging in any gainful activity."

Subsec. (e). Pub. L. 101-508, Sec. 5118(a), designated existing

provision as par. (1) and added par. (2).

Subsec. (f). Pub. L. 101-508, Sec. 5103(b)(5), struck out "(or

gainful activity in the case of a widow, surviving divorced wife,

widower, or surviving divorced husband)," after "gainful activity"

in two places in first sentence following par. (4).

Subsec. (f)(1)(B). Pub. L. 101-508, Sec. 5103(b)(2), amended

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

follows:

"(B)(i) the individual is now able to engage in substantial

gainful activity, or

"(ii) if the individual is a widow or surviving divorced wife

under section 402(e) of this title or a widower or surviving

divorced husband under section 402(f) of this title, the severity

of his or her impairment or impairments is no longer deemed, under

regulations prescribed by the Secretary, sufficient to preclude the

individual from engaging in gainful activity; or".

Subsec. (f)(2)(A)(ii). Pub. L. 101-508, Sec. 5103(b)(3), amended

cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:

"(ii)(I) the individual is now able to engage in substantial

gainful activity, or

"(II) if the individual is a widow or surviving divorced wife

under section 402(e) of this title or a widower or surviving

divorced husband under section 402(f) of this title, the severity

of his or her impairment or impairments is no longer deemed under

regulations prescribed by the Secretary sufficient to preclude the

individual from engaging in gainful activity, or".

Subsec. (f)(3). Pub. L. 101-508, Sec. 5103(b)(4), substituted

"therefore the individual is able to engage in substantial gainful

activity; or" for "therefore - " and subpars. (A) and (B) which

read as follows:

"(A) the individual is able to engage in substantial gainful

activity, or

"(B) if the individual is a widow or surviving divorced wife

under section 402(e) of this title or a widower or surviving

divorced husband under section 402(f) of this title, the severity

of his or her impairment or impairments is not deemed under

regulations prescribed by the Secretary sufficient to preclude the

individual from engaging in gainful activity; or".

Subsec. (g)(1). Pub. L. 101-508, Sec. 5102(1), inserted "or"

before "(ii)" and substituted "pending" for "pending, or (iii) June

1991" before period at end.

Subsec. (g)(3). Pub. L. 101-508, Sec. 5102(2), struck out par.

(3) which read as follows: "The provisions of paragraphs (1) and

(2) shall apply with respect to determinations (that individuals

are not entitled to benefits) which are made -

"(A) on or after January 12, 1983, or prior to such date but

only on the basis of a timely request for a hearing under section

421(d) of this title, or for an administrative review prior to

such hearing, and

"(B) prior to January 1, 1991."

1989 - Subsec. (f). Pub. L. 101-239, Sec. 10305(c), inserted

after first sentence of concluding provisions "In making for

purposes of the preceding sentence any determination relating to

fraudulent behavior by any individual or failure by any individual

without good cause to cooperate or to take any required action, the

Secretary shall specifically take into account any physical,

mental, educational, or linguistic limitation such individual may

have (including any lack of facility with the English language)."

Subsec. (g)(1)(iii). Pub. L. 101-239, Sec. 10101(1), substituted

"1991" for "1990".

Subsec. (g)(2)(B). Pub. L. 101-239, Sec. 10305(d), inserted at

end "In making for purposes of this subparagraph any determination

of whether any individual's appeal is made in good faith, the

Secretary shall specifically take into account any physical,

mental, educational, or linguistic limitation such individual may

have (including any lack of facility with the English language)."

Subsec. (g)(3)(B). Pub. L. 101-239, Sec. 10101(2), substituted

"1991" for "1990".

1988 - Subsec. (g)(1)(iii). Pub. L. 100-647, Sec. 8006(1),

substituted "June 1990" for "June 1989".

Subsec. (g)(3)(B). Pub. L. 100-647, Sec. 8006(2), substituted

"January 1, 1990" for "January 1, 1989".

Subsecs. (h), (i). Pub. L. 100-647, Sec. 8001(a), added subsec.

(h) and redesignated former subsec. (h) as (i).

1987 - Subsec. (a)(1). Pub. L. 100-203, Sec. 9010(a), substituted

"36 months" for "15 months".

Subsec. (e). Pub. L. 100-203, Sec. 9010(e)(2), substituted

"36-month period" for "15-month period".

Subsec. (g)(1). Pub. L. 100-203, Sec. 9009(1), substituted "June

1989" for "June 1988" in cl. (iii) at end.

Subsec. (g)(3)(B). Pub. L. 100-203, Sec. 9009(2), substituted

"January 1, 1989" for "January 1, 1988".

1986 - Subsec. (e). Pub. L. 99-272 inserted "(d)(6)(A)(ii),

(d)(6)(B)," after "(d)(1)(B)(ii)".

Subsec. (g)(1). Pub. L. 99-514 struck out second comma after

"payment of such benefits" in provisions following subpar. (C).

1984 - Subsec. (a)(1)(B). Pub. L. 98-369, Sec. 2662(c)(2), made a

clarifying amendment to Pub. L. 98-21, Sec. 201(c)(3). See 1983

Amendment note below.

Subsec. (c)(1)(B). Pub. L. 98-369, Sec. 2661(m), realigned

margins of subpar. (B).

Subsec. (d)(2)(A). Pub. L. 98-369, Sec. 2663(a)(16), substituted

"An individual" for "an individual".

Subsec. (d)(2)(C). Pub. L. 98-460, Sec. 4(a)(1), added subpar.

(C).

Subsec. (d)(5). Pub. L. 98-460, Sec. 9(b)(1), designated existing

provisions as subpar. (A) and added subpar. (B).

Pub. L. 98-460, Sec. 3(a)(1), inserted provisions requiring, in

making determinations as to whether an individual is under a

disability, that subjective statements as to pain or other symptoms

alleged to be disabling be supplemented by, and considered together

with, objective medical evidence of those symptoms showing the

existence of a medical impairment resulting from anatomical,

physiological, or psychological abnormalities.

Subsec. (f). Pub. L. 98-460, Sec. 2(a), amended subsec. (f)

generally, substituting provisions relating to the standard of

review for termination of disability benefits for provisions

relating to suspension of benefits for inmates of penal

institutions.

Subsec. (g)(1). Pub. L. 98-460, Sec. 7(a)(1), in provisions

following subpar. (C) substituted reference to benefits under this

subchapter for reference to benefits under this chapter, inserted

references to the payment of mother's or father's insurance

benefits to such individual's mother or father based on the

disability of such individual as a child who has attained age 16,

substituted reference to benefits under subchapter XVIII of this

chapter based on such individual's disability for reference to

benefits under subchapter XVIII of this chapter, and substituted

"June 1988" for "June 1984" in cl. (iii).

Subsec. (g)(3)(B). Pub. L. 98-460, Sec. 7(a)(2), substituted

"January 1, 1988" for "December 7, 1983".

Subsec. (h). Pub. L. 98-369, Sec. 2662(i), amended Pub. L. 98-21,

Sec. 339(b), resulting in addition of subsec. (h) of this section.

See 1983 Amendment note below.

1983 - Subsec. (a)(1). Pub. L. 98-21, Sec. 201(c)(1)(E),

substituted "retirement age (as defined in section 416(l) of this

title)" for "age 65".

Subsec. (a)(1)(B). Pub. L. 98-21, Sec. 201(c)(3), as amended by

Pub. L. 98-369, Sec. 2662(c)(2), substituted "retirement age (as

defined in section 416(l) of this title)" for "the age of

sixty-five".

Subsec. (c)(1)(B)(iii). Pub. L. 98-21, Sec. 332(b), added cl.

(iii).

Subsec. (d)(2). Pub. L. 98-21, Sec. 309(o), substituted "widower,

or surviving divorced husband" for "or widower" wherever appearing.

Subsec. (f). Pub. L. 98-21, Sec. 339(b), before amendment by Pub.

L. 98-369, Sec. 2662(i), struck out subsec. (f) relating to

suspension of benefits for inmates of penal institutions. See note

below for subsec. (h).

Subsec. (g). Pub. L. 97-455 added subsec. (g).

Subsec. (g)(3)(B). Pub. L. 98-118 substituted "December 7, 1983"

for "October 1, 1983".

Subsec. (h). Pub. L. 98-21, Sec. 339(b), as amended by Pub. L.

98-369, Sec. 2662(i), added subsec. (h).

1981 - Subsec. (f)(3). Pub. L. 97-123 added par. (3).

1980 - Subsec. (a)(1). Pub. L. 96-265, Sec. 303(b)(1)(A),

inserted reference to subsec. (e) of this section and provisions

relating to an individual's termination month.

Subsec. (a)(2). Pub. L. 96-265, Sec. 102(b), substituted "Except

as provided in section 402(q) and section 415(b)(2)(A)(ii) of this

title" for "Except as provided in section 402(q) of this title".

Subsec. (b). Pub. L. 96-265, Sec. 306(c), inserted provisions

relating to limitations on the prospective effect of applications.

Subsec. (d)(4). Pub. L. 96-265, Sec. 302(a)(1), inserted

provisions relating to extraordinary work expenses due to severe

disability.

Subsec. (d)(5). Pub. L. 96-265, Sec. 309(a), inserted provisions

relating to payment for existing medical evidence.

Subsec. (d)(6). Pub. L. 96-473, Sec. 5(a)(1), added par. (6).

Subsec. (e). Pub. L. 96-265, Sec. 303(b)(2)(A), added subsec.

(e).

Subsec. (f). Pub. L. 96-473, Sec. 5(c), added subsec. (f).

1977 - Subsec. (d)(4). Pub. L. 95-216 inserted provisions

relating to activities of blind individuals.

1972 - Subsec. (a)(1). Pub. L. 92-603, Sec. 118(a)(1), inserted

provision for filing of an application for disability insurance

benefits after death of insured individual.

Subsec. (a)(2). Pub. L. 92-603, Secs. 104(c), 118(a)(2). struck

out "(if a woman) or age 65 (if a man)" after "attained age 62" and

substituted "an individual" for "a woman", "in which he attained

age 62" for "in which she attained age 62", and "the application

for disability insurance benefits was filed and he was" for "he

filed his application for disability insurance benefits and was".

Subsec. (b). Pub. L. 92-603, Sec. 118(a)(3), substituted "if such

application is filed" for "if he files such application".

Subsec. (c)(1). Pub. L. 92-603, Secs. 104(d), 117(b), struck out

"(if a woman) or age 65 (if a man)" after "attained age 62" in

subpar. (A) and in provisions following subpar. (B) inserted

provisions eliminating the disability insured status requirement of

substantial recent covered work in the case of individuals who are

blind.

Subsec. (c)(2). Pub. L. 92-603, Secs. 116(a), 118(a)(4),

substituted "five consecutive calendar months" for "six consecutive

calendar months" in provisions preceding subpar. (A), substituted

"with respect to whom such application is filed" for "who files

such application" in subpar. (A), and substituted "seventeenth" for

"eighteenth" in subpar. (B).

1968 - Subsec. (a)(1). Pub. L. 90-248, Sec. 158(c)(6)-(8),

substituted in subpar. (D) reference to "subsection (d)" for

"subsection (c)(2)", in text of first sentence following subpar.

(D) reference to "subsection (c)(2)" for "subsection (c)(3)", and

in last sentence following subpar. (D) reference to "subsection (d)

except for paragraph (1)(B) thereof" for "subsection (c)(2) except

for subparagraph (B) thereof", respectively.

Subsec. (c). Pub. L. 90-248, Sec. 158(a), restricted heading to

definitions of "insured status" and "waiting period", struck out

former par. (2) defining "disability" and requiring medical and

other evidence of disability, now incorporated in subsec.

(d)(1)(A), (5) of this section, and redesignated former par. (3) as

(2).

Subsec. (c)(1)(B)(ii). Pub. L. 90-248, Sec. 105(b), substituted

in cl. (ii) "before the quarter in which he attains" for "before he

attains" and struck out "and he is under a disability by reason of

blindness (as defined in section 416(i)(1) of this title)" after

"age 31".

Subsec. (d). Pub. L. 90-248, Sec. 158(b), redesignated former

first sentence of former subsec. (c)(2), comprising subpars. (A)

and (B), as par. (1)(A), (B), added pars. (2) to (4), and

redesignated former second sentence of former subsec. (c)(2) as

par. (5).

1965 - Subsec. (a)(1). Pub. L. 89-97, Secs. 303(b)(3), 344(c),

struck out from subpar. (D) "at the time such application is

filed," after parenthetical provision and from provisions following

subpar. (D) "the first month for which he is entitled to old-age

insurance benefits" after "age 65,"; and prohibit payment to an

individual who would not meet the definition of disability in

subsec. (c)(2) except for subpar. (B) thereof for any month in

which he engages in substantial gainful activity, and payment for

such month under subsec. (b), (c), or (d) of section 402 of this

title to any person on the basis of the wages and self-employment

income of such individual, respectively.

Subsec. (a)(2). Pub. L. 89-97, Secs. 302(e), 304(m), inserted in

first sentence "and was entitled to an old-age insurance benefit

for each month for which (pursuant to subsection (b) of this

section) he was entitled to a disability insurance benefit" and

"Except as provided in section 402(q) of this title" and in last

sentence substituted "shall not include the year" for "shall not

include the first year" and struck out "both was fully insured and

had" before "attained age 62" in two places, respectively.

Subsec. (a)(3). Pub. L. 89-97, Sec. 304(n), repealed par. (3)

which prohibited an individual from becoming entitled to disability

insurance benefits if he is entitled to a widow's, widower's, or

parent's insurance benefit, or an old-age, wife's or husband's

insurance benefit.

Subsec. (b). Pub. L. 89-97, Secs. 303(c), 328(c), struck out from

last sentence "after June 1957" after "for any months" and

substituted "before" for "prior to" where first appearing and "if

he files such application before the end of the 12th month

immediately succeeding such month" for "if he is continuously under

a disability after such month and until he files application

therefor and he files said application prior to the end of the

twelfth month immediately succeeding such month"; and substituted

provisions calling for an application for benefits filed before the

first month in which the applicant satisfies the requirements for

such benefits to be deemed a valid application only if the

applicant satisfies the requirements before the Secretary makes a

final decision on the application and calling for the application

to be deemed filed in the first month if the applicant is found to

satisfy the requirements for provisions placing an outer limit on

the time prior to entitlement during which an application would be

deemed filed during the first month prior to entitlement,

respectively.

Subsec. (c)(1). Pub. L. 89-97, Sec. 344(b), 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 added the material following

subpar. (B)(ii) 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.

Subsec. (c)(2)(A). Pub. L. 89-97, Sec. 303(a)(2), designated

existing provisions as subpar. (A) and substituted "which has

lasted or can be expected to last for a continuous period of not

less than 12 months; or" for "to be of long-continued and

indefinite duration".

Subsec. (c)(2)(B). Pub. L. 89-97, Sec. 344(d), added subpar. (B).

Subsec. (c)(3)(A). Pub. L. 89-97, Sec. 303(b)(4), struck out

"which continues until such application is filed" after

"disability".

1961 - Subsec. (a)(1). Pub. L. 87-64, Sec. 102(b)(2)(C),

substituted "the month in which he attains age 65, the first month

for which he is entitled to old-age insurance benefits" for "the

month in which he attains the age of sixty-five".

Subsec. (a)(2). Pub. L. 87-64, Sec. 102(c)(2)(C), (3)(D),

substituted "as though he had attained age 62 (if a woman) or age

65 (if a man)" for "as though he had attained retirement age", and

"fully insured and had attained age 62" for "fully insured and had

attained retirement age", in two places.

Subsec. (a)(3). Pub. L. 87-64, Sec. 102(b)(2)(B), added par. (3).

Subsec. (c)(1)(A). Pub. L. 87-64, Sec. 102(c)(3)(E), substituted

"attained age 62 (if a woman) or age 65 (if a man)" for "attained

retirement age".

1960 - Subsec. (a)(1). Pub. L. 86-778, Secs. 401(a), 402(a),

403(b), struck out provisions from cl. (B) which required an

individual to have attained the age of 50, inserted provisions

authorizing payment of benefits to an individual for each month

beginning with the first month during all of which he is under a

disability and in which he becomes so entitled to such insurance

benefits, but only if he was entitled to disability insurance

benefits which terminated, or had a period of disability which

ceased, within the 60-month period preceding the first month in

which he is under such disability, and substituted provisions

requiring benefits to end with the month preceding whichever of the

following is the earliest: the month in which he dies, the month in

which he attains the age of 65, or the third month following the

month in which his disability ceases for provisions which required

the benefits to end with the month preceding the first month in

which any of the following occurs: his disability ceases, he dies,

or he attains the age of 65.

Subsec. (a)(2). Pub. L. 86-778, Sec. 303(f), amended generally

subsec. (a)(2), as amended by section 402(b) of Pub. L. 86-778

which read as follows: "Such individual's disability insurance

benefit for any month shall be equal to his primary insurance

amount for such month determined under section 415 of this title as

though he became entitled to old-age insurance benefits in -

"(A) the first month of his waiting period, or

"(B) in any case in which clause (ii) of paragraph (1) of this

subsection is applicable, the first month for which he becomes so

entitled to such disability insurance benefits."

Pub. L. 86-778, Sec. 402(b), amended subsec. (a)(2) generally.

Prior to amendment, subsec. (a)(2) read as follows: "Such

individual's disability insurance benefit for any month shall be

equal to his primary insurance amount for such month determined

under section 415 of this title as though he became entitled to

old-age insurance benefits in the first month of his waiting

period."

Subsec. (b). Pub. L. 86-778, Sec. 402(c), (d), prohibited

acceptance of an application, in any case in which cl. (ii) of par.

(1) of subsec. (a) of this section is applicable, if it is filed

more than six months before the first month for which the applicant

becomes entitled to benefits, inserted provisions requiring any

application filed within the nine months' period or six months'

period, as the case may be, to be deemed to have been filed in such

first month, and substituted "if he is continuously under a

disability after such month and until he files application

therefor, and he files such application" for "if he files

application therefor".

Subsec. (c)(3). Pub. L. 86-778, Sec. 401(b), struck out

provisions which prohibited a waiting period for any individual

from beginning before the first day of the sixth month before the

month in which he attains the age of 50.

1958 - Subsec. (b). Pub. L. 85-840, Sec. 202(a), provided that

individuals who would have been entitled to disability insurance

benefits for any month after June 1957 had they filed application

therefor prior to the end of such month shall be entitled to

disability benefits for such month if they file application

therefor prior to the end of the twelfth month immediately

succeeding such month.

Subsec. (c)(1). Pub. L. 85-840, Sec. 204(b), substituted "fully

insured" for "fully and currently insured" in cl. (A).

Subsec. (c)(3). Pub. L. 85-840, Sec. 202(b), inserted "which

continues until such application is filed" after "under a

disability" in cl. (A), and substituted "eighteenth month" for

"sixth month" in three instances in cl. (B).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title I, Sec. 112(c), Dec. 17, 1999, 113 Stat.

1886, provided that:

"(1) In general. - The amendments made by this section [amending

this section and section 1383 of this title] shall take effect on

the first day of the thirteenth month beginning after the date of

the enactment of this Act [Dec. 17, 1999].

"(2) Limitation. - No benefit shall be payable under title II or

XVI [of the Social Security Act, subchapter II or XVI of this

chapter] on the basis of a request for reinstatement filed under

section 223(i) or 1631(p) of the Social Security Act (42 U.S.C.

423(i), 1383(p)) before the effective date described in paragraph

(1)."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 102(b)(2) of Pub. L. 104-121 applicable with

respect to taxable years ending after 1995, see section 102(c) of

Pub. L. 104-121, set out as a note under section 403 of this title.

Amendment by section 105(a)(1) of Pub. L. 104-121 applicable to

individual who applies for, or whose claim is finally adjudicated

with respect to, benefits under this subchapter based on disability

on or after Mar. 29, 1996, with special rule for any individual who

applied, and whose claim has been finally adjudicated, before Mar.

29, 1996, see section 105(a)(5) of Pub. L. 104-121, set out as a

note under section 405 of this title.

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 321(f)(1) of Pub. L. 103-296 effective as if

included in the provisions of the Omnibus Budget Reconciliation Act

of 1990, Pub. L. 101-508, to which such amendment relates, see

section 321(f)(5) of Pub. L. 103-296, set out as a note under

section 405 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5103(a), (b)(2)-(5) 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 5118(b) of Pub. L. 101-508 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to benefits for months after the date of the enactment of

this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 10305(c), (d) of Pub. L. 101-239 applicable

with respect to determinations made on or after July 1, 1990, see

section 10305(f) of Pub. L. 101-239, set out as a note under

section 403 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8001(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall apply to determinations by administrative law

judges of entitlement to benefits made after 180 days after the

date of the enactment of this Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9010(a), (e)(2) of Pub. L. 100-203 effective

Jan. 1, 1988, and applicable with respect to individuals entitled

to benefits under specific provisions of this section and section

402 of this title for any month after December 1987, and

individuals entitled to benefits payable under specific provisions

of this section and section 402 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 1986 AMENDMENT

Amendment by Pub. L. 99-272 effective Dec. 1, 1980, and

applicable with respect to any individual who is under a disability

(as defined in subsection (d) of this section) on or after that

date, see section 12107(c) of Pub. L. 99-272, set out as a note

under section 402 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 2(d) of Pub. L. 98-460 provided that:

"(1) The amendments made by this section [amending this section

and sections 416 and 1382c of this title and enacting provisions

set out as notes under this section] shall apply only as provided

in this subsection.

"(2) The amendments made by this section shall apply to -

"(A) determinations made by the Secretary on or after the date

of the enactment of this Act [Oct. 9, 1984];

"(B) determinations with respect to which a final decision of

the Secretary has not yet been made as of the date of the

enactment of this Act [Oct. 9, 1984] and with respect to which a

request for administrative review is made in conformity with the

time limits, exhaustion requirements, and other provisions of

section 205 of the Social Security Act [section 405 of this

title] and regulations of the Secretary;

"(C) determinations with respect to which a request for

judicial review was pending on September 19, 1984, and which

involve an individual litigant or a member of a class in a class

action who is identified by name in such pending action on such

date; and

"(D) determinations with respect to which a timely request for

judicial review is or has been made by an individual litigant of

a final decision of the Secretary made within 60 days prior to

the date of the enactment of this Act [Oct. 9, 1984].

In the case of determinations described in subparagraphs (C) and

(D) in actions relating to medical improvement, the court shall

remand such cases to the Secretary for review in accordance with

the provisions of the Social Security Act as amended by this

section.

"(3) In the case of a recipient of benefits under title II, XVI,

or XVIII of the Social Security Act [this subchapter or subchapter

XVI or XVIII of this chapter] -

"(A) who has been determined not to be entitled to such

benefits on the basis of a finding that the physical or mental

impairment on the basis of which such benefits were provided has

ceased, does not exist, or is not disabling, and

"(B) who was a member of a class certified on or before

September 19, 1984, in a class action relating to medical

improvement pending on September 19, 1984, but was not identified

by name as a member of the class on such date,

the court shall remand such case to the Secretary. The Secretary

shall notify such individual by certified mail that he may request

a review of the determination described in subparagraph (A) based

on the provisions of this section and the provisions of the Social

Security Act as amended by this section. Such notification shall

specify that the individual must request such review within 120

days after the date on which such notification is received. If such

request is made in a timely manner, the Secretary shall make a

review of the determination described in subparagraph (A) in

accordance with the provisions of this section and the provisions

of the Social Security Act as amended by this section. The

amendments made by this section shall apply with respect to such

review, and the determination described in subparagraph (A) (and

any redetermination resulting from such review) shall be subject to

further administrative and judicial review, only if such request is

made in a timely manner.

"(4) The decision by the Secretary on a case remanded by a court

pursuant to this subsection shall be regarded as a new decision on

the individual's claim for benefits, which supersedes the final

decision of the Secretary. The new decision shall be subject to

further administrative review and to judicial review only in

conformity with the time limits, exhaustion requirements, and other

provisions of section 205 of the Social Security Act [section 405

of this title] and regulations issued by the Secretary in

conformity with such section.

"(5) No class in a class action relating to medical improvement

may be certified after September 19, 1984, if the class action

seeks judicial review of a decision terminating entitlement (or a

period of disability) made by the Secretary of Health and Human

Services prior to September 19, 1984.

"(6) For purposes of this subsection, the term 'action relating

to medical improvement' means an action raising the issue of

whether an individual who has had his entitlement to benefits under

title II, XVI, or XVIII of the Social Security Act [this subchapter

or subchapter XVI or XVIII of this chapter] based on disability

terminated (or period of disability ended) should not have had such

entitlement terminated (or period of disability ended) without

consideration of whether there has been medical improvement in the

condition of such individual (or another individual on whose

disability such entitlement is based) since the time of a prior

determination that the individual was under a disability."

Section 3(a)(3) of Pub. L. 98-460 provided that: "The amendments

made by paragraphs (1) and (2) [amending this section and section

1382c of this title] shall apply to determinations made prior to

January 1, 1987."

Section 4(c) of Pub. L. 98-460 provided that: "The amendments

made by this section [amending this section and sections 416 and

1382c of this title] shall apply with respect to determinations

made on or after the first day of the first month beginning after

30 days after the date of the enactment of this Act [Oct. 9,

1984]."

Section 9(b)(2) of Pub. L. 98-460 provided that: "The amendments

made by this subsection [amending this section] shall apply to

determinations made on or after the date of the enactment of this

Act [Oct. 9, 1984]."

Amendment by sections 2661(m) and 2662(c)(2), (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)(16) 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 309(o) 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.

Amendment by section 332(b) of Pub. L. 98-21 effective with

respect to applications for disability insurance benefits under

this section filed after Apr. 20, 1983, except that no monthly

benefits under this subchapter shall be payable or increased by

reason of such amendment for months before the month following

April, 1983, see section 332(c) of Pub. L. 98-21, set out as a note

under section 416 of this title.

Amendment by section 339(b) of Pub. L. 98-21 applicable with

respect to monthly benefits payable for months beginning on or

after April 20, 1983, see section 339(c) of Pub. L. 98-21, 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.

For effective date of amendment by section 102(b) of Pub. L.

96-265, see section 102(c) of Pub. L. 96-265, set out as a note

under section 415 of this title.

Section 302(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and sections 1382a and

1382c of this title] shall apply with respect to expenses incurred

on or after the first day of the sixth month which begins after the

date of the enactment of this Act [June 9, 1980]."

For effective date of amendment by section 303(b)(1)(A), (2)(A)

of Pub. L. 96-265, see section 303(d) of Pub. L. 96-265, set out as

a note under section 402 of this title.

Amendment by section 306(c) 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.

Section 309(b) of Pub. L. 96-265 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to evidence requested on or after the first day of the

sixth month which begins after the date of the enactment of this

Act [June 9, 1980]."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by section 104(c), (d) of Pub. L. 92-603 applicable

only in the case of a man who attains (or would attain) age 62

after Dec. 1974, with the figure "65" in subsec. (c)(1)(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 an Effective Date of 1972 Amendment note under section 414

of this title.

Section 116(e) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and sections 402 and

416 of this title] shall be effective with respect to applications

for disability insurance benefits under section 223 of the Social

Security Act [this section], applications for widow's and widower's

insurance benefits based on disability under section 202 of such

Act [section 402 of this title], and applications for disability

determinations under section 216(i) of such Act [section 416(i) of

this title], filed -

"(1) in or after the month in which this Act is enacted

[October 1972], or

"(2) before the month in which this Act is enacted, if -

"(A) notice of the final decision of the Secretary of Health,

Education, and Welfare has not been given to the applicant

before such month, or

"(B) the notice referred to in subparagraph (A) has been so

given before such month but a civil action with respect to such

final decision is commenced under section 205(g) of the Social

Security Act [section 405(g) of this title] (whether before,

in, or after such month) and the decision in such civil action

has not become final before such month;

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 any month before

January 1973."

Section 117(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall be effective with respect to applications for

disability insurance benefits under section 223 of the Social

Security Act [this section], and for disability determinations

under section 216(i) of such Act [section 416(i) of this title],

filed -

"(1) in or after the month in which this Act is enacted, or

"(2) before the month in which this Act is enacted if -

"(A) notice of the final decision of the Secretary of Health,

Education, and Welfare has not been given to the applicant

before such month; or

"(B) the notice referred to in subparagraph (A) has been so

given before such month but a civil action with respect to such

final decision is commenced under section 205(g) of the Social

Security Act [section 405(g) of this title] (whether before,

in, or after such month) and the decision in such civil action

has not become final before such month;

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

January 1973."

Amendment by section 118(a) of Pub. L. 92-603 applicable in the

case of deaths occurring after Dec. 31, 1969, with any applications

with respect to an individual whose death occurred after Dec. 31,

1969, but before Oct. 30, 1972, to be deemed to have been filed in

the month in which death occurred if filed in or within three

months after Oct. 1972, see section 118(c) of Pub. L. 92-603, set

out as a note under section 416 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 105(b) of Pub. L. 90-248 applicable with

respect to monthly benefits under this subchapter for months after

January 1968, but only on the basis of applications for such

benefits filed in or after January 1968, see section 105(c) of Pub.

L. 90-248, set out as a note under section 416 of this title.

Section 158(e) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section and sections 402, 416,

421, 422, and 425 of this title] shall be effective with respect to

applications for disability insurance benefits under section 223 of

the Social Security Act [this section], and for disability

determinations under section 216(i) of such Act [section 416(i) of

this title], filed -

"(1) in or after the month in which this Act is enacted

[January 1968], or

"(2) before the month in which this Act is enacted if the

applicant has not died before such month and if -

"(A) notice of the final decision of the Secretary of Health,

Education, and Welfare has not been given to the applicant

before such month; or

"(B) the notice referred to in subparagraph (A) has been so

given before such month but a civil action with respect to such

final decision is commenced under section 205(g) of the Social

Security Act [section 405(g) of this title] (whether before,

in, or after such month) and the decision in such civil action

has not become final before such month."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 302(e) of Pub. L. 89-97 applicable in the

case of individuals who become entitled to disability insurance

benefits under this section after December 1965, see section

302(f)(5) of Pub. L. 89-97, set out as a note under section 415 of

this title.

Section 303(f)(1) of Pub. L. 89-97 provided that: "The amendments

made by subsection (a) [amending this section and section 416 of

this title], paragraphs (3) and (4) of subsection (b) [amending

this section], and subsections (c) and (d) [amending this section

and section 402 of this title], and the provisions of subparagraphs

(B) and (E) of section 216(i)(2) of the Social Security Act

[section 416(i)(2) of this title] (as amended by subsection (b)(1)

of this section), shall be effective with respect to applications

for disability insurance benefits under section 223 [this section],

and for disability determinations under section 216(i), of the

Social Security Act filed -

"(A) in or after the month in which this Act is enacted [July

1965], or

"(B) before the month in which this Act is enacted, if the

applicant has not died before such month and if -

"(i) notice of the final decision of the Secretary of Health,

Education, and Welfare has not been given to the applicant

before such month; or

"(ii) the notice referred to in subparagraph (i) has been so

given before such month but a civil action with respect to such

final decision is commenced under section 205(g) of the Social

Security Act [section 405(g) of this title] (whether before,

in, or after such month) and the decision in such civil action

has not become final before such month;

except that no monthly insurance benefits under title II of the

Social Security Act [this subchapter] shall be payable or increased

by reason of the amendments made by subsections (a) and (b)

[amending this section and section 416 of this title] for months

before the second month following the month in which this Act is

enacted [July 1965]. The preceding sentence shall also be

applicable in the case of applications for monthly insurance

benefits under title II of the Social Security Act based on the

wages and self-employment income of an applicant with respect to

whose application for disability insurance benefits under section

223 of such Act [this section] such preceding sentence is

applicable."

Amendment by section 304(m), (n) 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 328(c) of Pub. L. 89-97 applicable with

respect to applications filed on or after July 30, 1965,

applications as to which the Secretary has not made a final

decision before July 30, 1965, and, if a civil action with respect

to a final decision of the Secretary has been commenced under

section 405(g) of this title before July 30, 1965, applications as

to which there has been no final judicial decision before July 30,

1965, see section 328(d) of Pub. L. 89-97, set out as a note under

section 416 of this title.

Amendment by section 344(b)-(d) of Pub. L. 89-97 applicable only

with respect to monthly benefits under subchapter II of this

chapter for months after August 1965 on the basis of applications

for such benefits filed in or after July 1965, see section 344(e)

of Pub. L. 89-97, set out as a note under section 416 of this

title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by section 102(b)(2)(B), (C) of Pub. L. 87-64 effective

Aug. 1, 1961, and amendment by section 102(c)(2)(C), (3)(D), (E) of

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)(4), (6) and 109 of Pub. L.

87-64, set out as notes under section 402 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 303(f) of Pub. L. 86-778 provided that the amendment made

by such section 303(f) is effective with respect to individuals who

become entitled to benefits under this section after 1960.

Section 401(c) of Pub. L. 86-778 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to monthly benefits under sections 202 and 223 of the

Social Security Act [this section and section 402 of this title]

for months after the month following the month in which this Act is

enacted [September 1960] which are based on the wages and

self-employment income of an individual who did not attain the age

of fifty in or prior to the month following the month in which this

Act is enacted, but only where applications for such benefits are

filed in or after the month in which this Act is enacted."

Section 402(f) of Pub. L. 86-778 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall apply

only with respect to benefits under section 223 of the Social

Security Act [this section] for the month in which this Act is

enacted [September 1960] and subsequent months. The amendment made

by subsection (c) [amending this section] shall apply only in the

case of applications for benefits under such section 223 filed

after the seventh month before the month in which this Act is

enacted. The amendment made by subsection (d) [amending this

section] shall apply only in the case of applications for benefits

under such section 223 filed in or after the month in which this

Act is enacted. The amendment made by subsection (e) [amending

section 416 of this title] shall apply only in the case of

individuals who become entitled to benefits under such section 223

in or after the month in which this Act is enacted."

Amendment by section 403(b) of Pub. L. 86-778 applicable only

with respect to benefits under this section for months after

September 1960, in the case of individuals who, without regard to

such amendment, would have been entitled to such benefits for

September 1960, or for any succeeding month, see section 403(e) of

Pub. L. 86-778, set out as a note under section 422 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 202 of Pub. L. 85-840 applicable with

respect to applications for disability insurance benefits under

this section filed after December 1957, see section 207(a) of Pub.

L. 85-840, set out as a note under section 416 of this title.

For applicability of amendment by section 204(b) of Pub. L.

85-840, see section 207(a) of Pub. L. 85-840, set out as a note

under section 416 of this title.

EFFECTIVE DATE

Section 103(d) of act Aug. 1, 1956, provided that:

"(1) The amendment made by subsection (a) [enacting this section

and sections 424 and 425 of this title] shall apply only with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months after June 1957.

"(2) For purposes of determining entitlement to a disability

insurance benefit for any month after June 1957 and before December

1957, an application for disability insurance benefits filed by any

individual after July 1957 and before January 1958 shall be deemed

to have been filed during the first month after June 1957 for which

such individual would (without regard to this paragraph) have been

entitled to a disability insurance benefit had he filed application

before the end of such month."

ELECTION OF PAYMENTS

Section 2(e) of Pub. L. 98-460 provided that: "Any individual

whose case is remanded to the Secretary pursuant to subsection (d)

[set out as a note above] or whose request for a review is made in

a timely manner pursuant to subsection (d), may elect, in

accordance with section 223(g) or 1631(a)(7) of the Social Security

Act [subsec. (g) of this section or section 1383(a)(7) of this

title], to have payments made beginning with the month in which he

makes such election, and ending as under such section 223(g) or

1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such

payments (if elected) -

"(1) shall be made at least until an initial redetermination is

made by the Secretary; and

"(2) shall begin with the payment for the month in which such

individual makes such election."

RETROACTIVE BENEFITS

Section 2(f) of Pub. L. 98-460 provided that: "In the case of any

individual who is found to be under a disability after a review

required under this section, such individual shall be entitled to

retroactive benefits beginning with benefits payable for the first

month to which the most recent termination of benefits applied."

PROMULGATION OF REGULATIONS

Section 2(g) of Pub. L. 98-460 provided that: "The Secretary of

Health and Human Services shall prescribe regulations necessary to

implement the amendments made by this section [amending this

section and sections 416 and 1382c of this title and enacting

provisions set out as notes under this section] not later than 180

days after the date of the enactment of this Act [Oct. 9, 1984]."

COMMISSION ON EVALUATION OF PAIN

Section 3(b) of Pub. L. 98-460 provided that:

"(1) The Secretary of Health and Human Services shall appoint a

Commission on the Evaluation of Pain (hereafter in this section

referred to as the 'Commission') to conduct a study concerning the

evaluation of pain in determining under titles II and XVI of the

Social Security Act [sections 401 et seq., 1381 et seq. of this

title] whether an individual is under a disability. Such study

shall be conducted in consultation with the National Academy of

Sciences.

"(2) The Commission shall consist of at least twelve experts,

including a significant representation from the field of medicine

who are involved in the study of pain, and representation from the

fields of law, administration of disability insurance programs, and

other appropriate fields of expertise.

"(3) The Commission shall be appointed by the Secretary of Health

and Human Services (without regard to the requirements of the

Federal Advisory Committee Act [Pub. L. 92-463, set out in the

Appendix to Title 5, Government Organization and Employees]) within

60 days after the date of the enactment of this Act [Oct. 9, 1984].

The Secretary shall from time to time appoint one of the members to

serve as Chairman. The Commission shall meet as often as the

Secretary deems necessary.

"(4) Members of the Commission shall be appointed without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service. Members who are not

employees of the United States, while attending meetings of the

Commission or otherwise serving on the business of the Commission,

shall be paid at a rate equal to the per diem equivalent of the

rate provided for level IV of the Executive Schedule under section

5315 of title 5, United States Code, for each day, including

traveltime, during which they are engaged in the actual performance

of duties vested in the Commission. While engaged in the

performance of such duties away from their homes or regular places

of business they may be allowed travel expenses, including per diem

in lieu of subsistence, as authorized by section 5703 of title 5,

United States Code, for persons in the Government service employed

intermittently.

"(5) The Commission may engage such technical assistance from

individuals skilled in medical and other aspects of pain as may be

necessary to carry out its functions. The Secretary shall make

available to the Commission such secretarial, clerical, and other

assistance and any pertinent data prepared by the Department of

Health and Human Services as the Commission may require to carry

out its functions.

"(6) The Secretary shall submit the results of the study under

paragraph (1), together with any recommendations, to the Committee

on Ways and Means of the House of Representatives and the Committee

on Finance of the Senate not later than December 31, 1985. The

Commission shall terminate at the time such results are submitted."

STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON EFFECT OF CONTINUED

PAYMENT OF DISABILITY BENEFITS DURING APPEAL ON TRUST FUND

EXPENDITURES AND THE RATE OF APPEALS

Section 7(c) of Pub. L. 98-460 provided that:

"(1) The Secretary of Health and Human Services shall, as soon as

practicable after the date of the enactment of this Act [Oct. 9,

1984], conduct a study concerning the effect which the enactment

and continued operation of section 223(g) of the Social Security

Act [subsec. (g) of this section] is having on expenditures from

the Federal Old-Age and Survivors Insurance Trust Fund, the Federal

Disability Insurance Trust Fund, the Federal Hospital Insurance

Trust Fund, and the Federal Supplementary Medical Insurance Trust

Fund, and the rate of appeals to administrative law judges of

unfavorable determinations relating to disability or periods of

disability.

"(2) The Secretary shall submit the results of the study under

paragraph (1), together with any recommendations, to the Committee

on Ways and Means of the House of Representatives and the Committee

on Finance of the Senate not later than July 1, 1986."

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Special payment of $50 as soon as practicable after Mar. 29,

1975, by the Secretary of the Treasury to each individual who, for

the month of March, 1975, was entitled to a monthly insurance

benefit payable under this subchapter, see section 702 of Pub. L.

94-12, set out as a note under section 402 of this title.

LUMP-SUM PAYMENT OF DISABILITY INSURANCE BENEFITS FOR PERIOD

BEGINNING AFTER 1959 AND ENDING PRIOR TO 1964; FILING OF

APPLICATION

Section 133 of Pub. L. 92-603 provided that:

"(a) If an individual would (upon the timely filing of an

application for a disability determination under section 216(i) of

the Social Security Act [section 416(i) of this title]) and of an

application for disability insurance benefits under section 223 of

such Act [this section]) have been entitled to disability insurance

benefits under such section 223 for a period which began after 1959

and ended prior to 1964, such individual shall, upon filing

application for disability insurance benefits under such section

223 with respect to such period not later than 6 months after the

date of enactment of this section [Oct. 30, 1972], be entitled,

notwithstanding any other provision of title II of the Social

Security Act [this subchapter], to receive in a lump sum as

disability insurance benefits payable under section 223, an amount

equal to the total amounts of disability insurance benefits which

would have been payable to him for such period if he had timely

filed such an application for a disability determination and such

an application for disability insurance benefits with respect to

such period; but only if -

"(1) prior to the date of enactment of this section and after

the date of enactment of the Social Security Amendments of 1967

[Jan. 2, 1968] such period was determined (under section 216(i)

of the Social Security Act [section 416(i) of this title]) to be

a period of disability as to such individual; and

"(2) the application giving rise to the determination (under

such section 216(i)) that such period is a period of disability

as to such individual would not have been accepted as an

application for such a determination except for the provisions of

section 216(i)(2)(F).

"(b) No payment shall be made to any individual by reason of the

provisions of subsection (a) except upon the basis of an

application filed after the date of enactment of this section."

SPECIAL INSURED STATUS TEST IN CERTAIN CASES FOR DISABILITY

PURPOSES

Individuals not insured for disability benefits as determined

under subsec. (c)(1) of this section with respect to any month in a

quarter deemed to have met such requirements in certain cases, see

section 404 of Pub. L. 86-778, set out as a note under section 416

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 402, 403, 405, 406,

409, 415, 416, 421, 422, 424a, 425, 426, 434, 1320b-1, 1320b-19,

1382c, 1383, 1395i-2a, 1395p, 1395r, 1395s, 1396d, 1437a, 6862,

11382 of this title; title 5 sections 8116, 8452; title 25 section

4103; title 26 sections 401, 3121; title 30 sections 902, 922;

title 45 sections 231a, 231b, 231c, 231f.

-End-

-CITE-

42 USC Sec. 424 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. 424. Repealed. Pub. L. 85-840, title II, Sec. 206, Aug. 28,

1958, 72 Stat. 1025

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title II, Sec. 224, as added

Aug. 1, 1956, ch. 836, title I, Sec. 103(a), 70 Stat. 816; amended

July 17, 1957, Pub. L. 85-109, Sec. 2(a), 71 Stat. 308, related to

reduction of benefits based on disability.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective Date of 1958

Amendment note under section 416 of this title.

-End-

-CITE-

42 USC Sec. 424a 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. 424a. Reduction of disability benefits

-STATUTE-

(a) Conditions for reduction; computation

If for any month prior to the month in which an individual

attains the age of 65 -

(1) such individual is entitled to benefits under section 423

of this title, and

(2) such individual is entitled for such month to -

(A) periodic benefits on account of his or her total or

partial disability (whether or not permanent) under a workmen's

compensation law or plan of the United States or a State, or

(B) periodic benefits on account of his or her total or

partial disability (whether or not permanent) under any other

law or plan of the United States, a State, a political

subdivision (as that term is used in section 418(b)(2) of this

title), or an instrumentality of two or more States (as that

term is used in section 418(g) of this title), other than (i)

benefits payable under title 38, (ii) benefits payable under a

program of assistance which is based on need, (iii) benefits

based on service all or substantially all of which was included

under an agreement entered into by a State and the Commissioner

of Social Security under section 418 of this title, and (iv)

benefits under a law or plan of the United States based on

service all or substantially all of which is employment as

defined in section 410 of this title,

the total of his benefits under section 423 of this title for such

month and of any benefits under section 402 of this title for such

month based on his wages and self-employment income shall be

reduced (but not below zero) by the amount by which the sum of -

(3) such total of benefits under sections 423 and 402 of this

title for such month, and

(4) such periodic benefits payable (and actually paid) for such

month to such individual under such laws or plans,

exceeds the higher of -

(5) 80 per centum of his "average current earnings", or

(6) the total of such individual's disability insurance

benefits under section 423 of this title for such month and of

any monthly insurance benefits under section 402 of this title

for such month based on his wages and self-employment income,

prior to reduction under this section.

In no case shall the reduction in the total of such benefits under

sections 423 and 402 of this title for a month (in a continuous

period of months) reduce such total below the sum of -

(7) the total of the benefits under sections 423 and 402 of

this title, after reduction under this section, with respect to

all persons entitled to benefits on the basis of such

individual's wages and self-employment income for such month

which were determined for such individual and such persons for

the first month for which reduction under this section was made

(or which would have been so determined if all of them had been

so entitled in such first month), and

(8) any increase in such benefits with respect to such

individual and such persons, before reduction under this section,

which is made effective for months after the first month for

which reduction under this section is made.

For purposes of clause (5), an individual's average current

earnings means the largest of (A) the average monthly wage

(determined under section 415(b) of this title as in effect prior

to January 1979) used for purposes of computing his benefits under

section 423 of this title, (B) one-sixtieth of the total of his

wages and self-employment income (computed without regard to the

limitations specified in sections 409(a)(1) and 411(b)(1) of this

title) for the five consecutive calendar years after 1950 for which

such wages and self-employment income were highest, or (C)

one-twelfth of the total of his wages and self-employment income

(computed without regard to the limitations specified in sections

409(a)(1) and 411(b)(1) of this title) for the calendar year in

which he had the highest such wages and income during the period

consisting of the calendar year in which he became disabled (as

defined in section 423(d) of this title) and the five years

preceding that year.

(b) Reduction where benefits payable on other than monthly basis

If any periodic benefit for a total or partial disability under a

law or plan described in subsection (a)(2) of this section is

payable on other than a monthly basis (excluding a benefit payable

as a lump sum except to the extent that it is a commutation of, or

a substitute for, periodic payments), the reduction under this

section shall be made at such time or times and in such amounts as

the Commissioner of Social Security finds will approximate as

nearly as practicable the reduction prescribed by subsection (a) of

this section.

(c) Reductions and deductions under other provisions

Reduction of benefits under this section shall be made after any

reduction under subsection (a) of section 403 of this title, but

before deductions under such section and under section 422(b) (!1)

of this title.

(d) Exception

The reduction of benefits required by this section shall not be

made if the law or plan described in subsection (a)(2) of this

section under which a periodic benefit is payable provides for the

reduction thereof when anyone is entitled to benefits under this

subchapter on the basis of the wages and self-employment income of

an individual entitled to benefits under section 423 of this title,

and such law or plan so provided on February 18, 1981.

(e) Conditions for payment

If it appears to the Commissioner of Social Security that an

individual may be eligible for periodic benefits under a law or

plan which would give rise to reduction under this section, the

Commissioner may require, as a condition of certification for

payment of any benefits under section 423 of this title to any

individual for any month and of any benefits under section 402 of

this title for such month based on such individual's wages and

self-employment income, that such individual certify (i) whether he

has filed or intends to file any claim for such periodic benefits,

and (ii) if he has so filed, whether there has been a decision on

such claim. The Commissioner of Social Security may, in the absence

of evidence to the contrary, rely upon such a certification by such

individual that he has not filed and does not intend to file such a

claim, or that he has so filed and no final decision thereon has

been made, in certifying benefits for payment pursuant to section

405(i) of this title.

(f) Redetermination of reduction

(1) In the second calendar year after the year in which reduction

under this section in the total of an individual's benefits under

section 423 of this title and any benefits under section 402 of

this title based on his wages and self-employment income was first

required (in a continuous period of months), and in each third year

thereafter, the Commissioner of Social Security shall redetermine

the amount of such benefits which are still subject to reduction

under this section; but such redetermination shall not result in

any decrease in the total amount of benefits payable under this

subchapter on the basis of such individual's wages and

self-employment income. Such redetermined benefit shall be

determined as of, and shall become effective with, the January

following the year in which such redetermination was made.

(2) In making the redetermination required by paragraph (1), the

individual's average current earnings (as defined in subsection (a)

of this section) shall be deemed to be the product of -

(A) his average current earnings as initially determined under

subsection (a) of this section; and

(B) the ratio of (i) the national average wage index (as

defined in section 409(k)(1) of this title) for the calendar year

before the year in which such redetermination is made to (ii) the

national average wage index (as so defined) for the calendar year

before the year in which the reduction was first computed (but

not counting any reduction made in benefits for a previous period

of disability).

Any amount determined under this paragraph which is not a multiple

of $1 shall be reduced to the next lower multiple of $1.

(g) Proportionate reduction; application of excess

Whenever a reduction in the total of benefits for any month based

on an individual's wages and self-employment income is made under

this section, each benefit, except the disability insurance

benefit, shall first be proportionately decreased, and any excess

of such reduction over the sum of all such benefits other than the

disability insurance benefits shall then be applied to such

disability insurance benefit.

(h) Furnishing of information

(1) Notwithstanding any other provision of law, the head of any

Federal agency shall provide such information within its possession

as the Commissioner of Social Security may require for purposes of

making a timely determination of the amount of the reduction, if

any, required by this section in benefits payable under this

subchapter, or verifying other information necessary in carrying

out the provisions of this section.

(2) The Commissioner of Social Security is authorized to enter

into agreements with States, political subdivisions, and other

organizations that administer a law or plan subject to the

provisions of this section, in order to obtain such information as

the Commissioner may require to carry out the provisions of this

section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 224, as added Pub. L.

89-97, title III, Sec. 335, July 30, 1965, 79 Stat. 406; amended

Pub. L. 90-248, title I, Sec. 159(a), Jan. 2, 1968, 81 Stat. 869;

Pub. L. 92-603, title I, Sec. 119(a), (b), Oct. 30, 1972, 86 Stat.

1352; Pub. L. 94-202, Sec. 8(j), Jan. 2, 1976, 89 Stat. 1140; Pub.

L. 95-216, title II, Sec. 205(d), title III, Sec. 353(c), Dec. 20,

1977, 91 Stat. 1529, 1553; Pub. L. 97-35, title XXII, Sec. 2208(a),

Aug. 13, 1981, 95 Stat. 839; Pub. L. 99-272, title XII, Sec.

12109(a), Apr. 7, 1986, 100 Stat. 286; Pub. L. 99-509, title IX,

Sec. 9002(c)(2)(F), Oct. 21, 1986, 100 Stat. 1972; Pub. L. 101-239,

title X, Sec. 10208(b)(2)(A), (C), (d)(2)(A)(i), (iii), Dec. 19,

1989, 103 Stat. 2477, 2478, 2480, 2481; Pub. L. 103-296, title I,

Sec. 107(a)(4), title III, Sec. 321(e)(2)(H), Aug. 15, 1994, 108

Stat. 1478, 1540.)

-REFTEXT-

REFERENCES IN TEXT

Section 422(b) of this title, referred to in subsec. (c), was

repealed by Pub. L. 106-170, title I, Sec. 101(b)(1)(C), Dec. 17,

1999, 113 Stat. 1873.

-MISC1-

PRIOR PROVISIONS

A prior section 224 of act Aug. 14, 1935, was classified to

section 424 of this title prior to repeal by Pub. L. 85-840, title

II, Sec. 206, Aug. 28, 1958, 72 Stat. 1025.

AMENDMENTS

1994 - Subsecs. (a)(2)(B), (b), (e), (f)(1). Pub. L. 103-296,

Sec. 107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing and "the Commissioner may require"

for "he may require" in subsec. (e).

Subsec. (f)(2). Pub. L. 103-296, Sec. 321(e)(2)(H), inserted

"and" at end of subpar. (A), added subpar. (B), and struck out

former subpars. (B) and (C) which read as follows:

"(B) the ratio of (i) the deemed average total wages (as defined

in section 409(k)(1) of this title) for the calendar year before

the year in which such redetermination is made to (ii)(I) 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 calendar year 1977 or, if later,

the calendar year before the year in which the reduction was first

computed (but not counting any reduction made in benefits for a

previous period of disability), if such calendar year is before

1991, or (II) the deemed average total wages (as defined in section

409(k)(1) of this title) for the calendar year before the year in

which the reduction was first computed (but not counting any

reduction made in benefits for a previous period of disability), if

such calendar year is after 1990; and

"(C) in any case in which the reduction was first computed before

1978, the ratio of (i) the average of the taxable wages reported to

the Secretary for the first calendar quarter of 1977 to (ii) the

average of the taxable wages reported to the Secretary for the

first calendar quarter of the calendar year before the year in

which the reduction was first computed (but not counting any

reduction made in benefits for a previous period of disability)."

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

"Commissioner of Social Security" for "Secretary" in pars. (1) and

(2) and "the Commissioner may" for "he may" in par. (2).

1989 - Subsec. (a). Pub. L. 101-239, Sec. 10208(d)(2)(A)(iii),

substituted "409(a)(1)" for "409(a)" in cls. (B) and (C) of last

sentence.

Subsec. (f)(2)(B)(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. (f)(2)(B)(ii). Pub. L. 101-239, Sec. 10208(b)(2)(C),

inserted "(I)" after "(ii)", 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)" and inserted ", if such calendar year is

before 1991, or (II) the deemed average total wages (as defined in

section 409(k)(1) of this title) for the calendar year before the

year in which the reduction was first computed (but not counting

any reduction made in benefits for a previous period of

disability), if such calendar year is after 1990" before "; and" at

end.

1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 12109(a)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"such individual is entitled for such month to periodic benefits on

account of such individual's total or partial disability (whether

or not permanent) under -

"(A) a workmen's compensation law or plan of the United States

or a State, or

"(B) any other law or plan of the United States, a State, a

political subdivision (as that term is used in section 418(b)(2)

of this title), or an instrumentality of two or more States (as

that term is used in section 418(k) of this title),

other than benefits payable under title 38, benefits payable under

a program of assistance which is based on need, benefits based on

service all, or substantially all, of which was included under an

agreement entered into by a State and the Secretary under section

418 of this title, and benefits under a law or plan of the United

States based on service all or part of which is employment as

defined in section 410 of this title,".

Subsec. (a)(2)(B). Pub. L. 99-509 substituted "section 418(g)"

for "section 418(k)".

Pub. L. 99-272, Sec. 12109(a)(2), substituted "all or

substantially all of which" for "all or part of which" in cl. (iv).

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2208(a)(2)-(4), in

provision preceding par. (1) substituted "age of 65" for "age of

62", in par. (2) inserted provisions including periodic benefits

under any other law or plan of the United States, a State, a

political subdivision, or an instrumentality of two or more States

and excluding specified benefits and struck out provision requiring

that the Secretary receive notice, in a prior month, of the

entitlement for such month, and in par. (4) substituted "such laws

or plans" for "the workmen's compensation law or plan".

Subsec. (b). Pub. L. 97-35, Sec. 2208(a)(5), substituted "for a

total or partial disability under a law or plan described in

subsection (a)(2) of this section" for "under a workmen's

compensation law or plan".

Subsec. (d). Pub. L. 97-35, Sec. 2208(a)(6), substituted "law or

plan described in subsection (a)(2) of this section" for "workmen's

compensation law or plan" and "section 423 of this title, and such

law or plan so provided on February 18, 1981" for "section 423 of

this title".

Subsec. (e). Pub. L. 97-35, Sec. 2208(a)(7), struck out

"workmen's compensation" after "periodic benefits under a".

Subsec. (h). Pub. L. 97-35, Sec. 2208(a)(8), added subsec. (h).

1977 - Subsec. (a). Pub. L. 95-216, Secs. 205(d), 353(c)(1),

struck out provisions following par. (8) under which the Secretary,

in cases where an individual's wages and self-employment income

reported to the Secretary for a calendar year reached the

limitations specified in sections 409(a) and 411(b)(1) of this

title, was required to estimate the total of such wages and

self-employment income on the basis of such information as might be

available to him indicating the extent (if any) by which the wages

and self-employment income exceeded limitations, and, effective

with respect to monthly benefits under this subchapter payable for

months after Dec. 1978, and with respect to lump-sum death payments

with respect to death occurring after Dec. 1978, inserted

"(determined under section 415(b) of this title as in effect prior

to January 1979)" after "(A) the average monthly wage" in

provisions following par. (8).

Subsec. (f)(2). Pub. L. 95-216, Sec. 353(c)(2), divided existing

provisions into subpars. (A) and (B), added subpar. (C), and in

subpar. (B) as so redesignated substituted "(i) 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) of this title) reported to the Secretary of the Treasury or

his delegate for the calendar year before the year in which such

redetermination is made to (ii) the average of the total wages (as

so defined and computed) reported to the Secretary of the Treasury

or his delegate for calendar year 1977 or, if later, the calendar

year before the year" for "(i) the average of the taxable wages of

all persons for whom taxable wages were reported to the Secretary

for the first calendar quarter of the calendar year before the

calendar year in which the redetermination is made, to (ii) the

average of the taxable wages of such persons reported to the

Secretary for the first calendar quarter of the taxable year before

the calendar year".

1976 - Subsec. (f)(2). Pub. L. 94-202 substituted "calendar year

before the calendar year" for "calendar year" and "taxable year

before the calendar year" for "taxable year".

1972 - Subsec. (a). Pub. L. 92-603 added cl. (C) in provisions

for the determination of an individual's average current earnings

so as to introduce into the formula a factor of one-twelfth of the

total wages and self-employment income for the calendar year in

which he had the highest such wages and income during the year in

which he became disabled and the five years preceding that year.

1968 - Subsec. (a). Pub. L. 90-248 inserted in cl. (B) of first

sentence following par. (8) "(computed without regard to the

limitations specified in sections 409(a) and 411(b)(1) of this

title)" before "for the five", and inserted last sentence

authorizing the Secretary, in certain cases, to estimate the total

of wages and self-employment income for purposes of cl. (B)

indicating the extent such earnings exceed the limitations in

sections 409(a) and 411(b)(1) of this title.

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 1989 AMENDMENT

Amendment by section 10208(b)(2)(A), (C) 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 1986 AMENDMENTS

Amendment by Pub. L. 99-509 effective with respect to payments

due with respect to wages paid after Dec. 31, 1986, including wages

paid after such date by a State (or political subdivision thereof)

that modified its agreement pursuant to section 418(e)(2) of this

title prior to Oct. 21, 1986, with certain exceptions, see section

9002(d) of Pub. L. 99-509 set out as a note under section 418 of

this title.

Section 12109(b) of Pub. L. 99-272 provided that:

"(1) The amendment made by subsection (a)(1) [amending this

section] shall be effective as though it had been included or

reflected in the amendment made by section 2208(a)(3) of the

Omnibus Budget Reconciliation Act of 1981 [Pub. L. 97-35, amending

this section].

"(2) The amendment made by subsection (a)(2) [amending this

section] shall apply only with respect to monthly benefits payable

on the basis of the wages and self-employment income of individuals

who become disabled (within the meaning of section 223(d) of the

Social Security Act [section 423(d) of this title]) after the month

in which this Act is enacted [April 1986]."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2208(b) of Pub. L. 97-35 provided that: "The amendments

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

with respect to individuals who first become entitled to benefits

under section 223(a) of the Social Security Act [section 423(a) of

this title] for months beginning after the month in which this Act

is enacted [August 1981], but only in the case of an individual who

became disabled within the meaning of section 223(d) of such Act

after the sixth month preceding the month in which this Act is

enacted."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 205(d) of Pub. L. 95-216 effective 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, see

section 206 of Pub. L. 95-216, set out as a note under section 402

of this title.

Section 353(c)(1) of Pub. L. 95-216 provided that the amendment

made by that section is effective with respect to the estimates for

calendar years beginning after Dec. 31, 1977.

Amendment by section 353(c)(2) of Pub. L. 95-216 effective Jan.

1, 1979, see section 353(g) of Pub. L. 95-216, set out as a note

under section 418 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 119(c) of Pub. L. 92-603 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall apply

with respect to monthly benefits under title II of the Social

Security Act [this subchapter] for months after December 1972."

EFFECTIVE DATE OF 1968 AMENDMENTS; DETERMINATION OF AVERAGE CURRENT

EARNINGS UPON REDETERMINATION OF BENEFITS SUBJECT TO REDUCTION

Section 159(b) of Pub. L. 90-248 provided that:

"(1) The amendments made by subsection (a) [amending this

section] shall apply only with respect to monthly benefits under

title II of the Social Security Act [this subchapter] for months

after January 1968.

"(2) For purposes of any redetermination which is made under

section 224(f) of the Social Security Act [subsec. (f) of this

section] in the case of benefits subject to reduction under section

224 of such Act, where such reduction as first computed was

effective with respect to benefits for the month in which this Act

is enacted [January 1968] or a prior month, the amendments made by

subsection (a) of this section [amending subsec. (a) of this

section] shall also be deemed to have applied in the initial

determination of the 'average current earnings' of the individual

whose wages and self-employment income are involved."

EFFECTIVE DATE

Section 335 of Pub. L. 89-97 provided that this section is

effective with respect to benefits under this subchapter for months

after December 1965 based on the wages and self-employment income

of individuals entitled to benefits under section 423 of this title

whose period of disability (as defined in this subchapter) began

after June 1, 1965.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 409, 415 of this

title; title 5 sections 8116, 8349, 8452; title 26 sections 86,

6050F; title 30 section 922.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 425 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. 425. Additional rules relating to benefits based on disability

-STATUTE-

(a) Suspension of benefits

If the Commissioner of Social Security, on the basis of

information obtained by or submitted to the Commissioner, believes

that an individual entitled to benefits under section 423 of this

title, or that a child who has attained the age of eighteen and is

entitled to benefits under section 402(d) of this title, or that a

widow or surviving divorced wife who has not attained age 60 and is

entitled to benefits under section 402(e) of this title, or that a

widower or surviving divorced husband who has not attained age 60

and is entitled to benefits under section 402(f) of this title, may

have ceased to be under a disability, the Commissioner of Social

Security may suspend the payment of benefits under such section

402(d), 402(e), 402(f), or 423 of this title until it is determined

(as provided in section 421 of this title) whether or not such

individual's disability has ceased or until the Commissioner of

Social Security believes that such disability has not ceased. In

the case of any individual whose disability is subject to

determination under an agreement with a State under section 421(b)

of this title, the Commissioner of Social Security shall promptly

notify the appropriate State of the Commissioner's action under

this subsection and shall request a prompt determination of whether

such individual's disability has ceased. For purposes of this

subsection, the term "disability" has the meaning assigned to such

term in section 423(d) of this title. Whenever the benefits of an

individual entitled to a disability insurance benefit are suspended

for any month, the benefits of any individual entitled thereto

under subsection (b), (c), or (d) of section 402 of this title, on

the basis of the wages and self-employment income of such

individual, shall be suspended for such month. The first sentence

of this subsection shall not apply to any child entitled to

benefits under section 402(d) of this title, if he has attained the

age of 18 but has not attained the age of 22, for any month during

which he is a full-time student (as defined and determined under

section 402(d) of this title).

(b) Continued payments during rehabilitation program

Notwithstanding any other provision of this subchapter, payment

to an individual of benefits based on disability (as described in

the first sentence of subsection (a) of this section) shall not be

terminated or suspended because the physical or mental impairment,

on which the individual's entitlement to such benefits is based,

has or may have ceased, if -

(1) such individual is participating in a program consisting of

the Ticket to Work and Self-Sufficiency Program under section

1320b-19 of this title or another program of vocational

rehabilitation services, employment services, or other support

services approved by the Commissioner of Social Security, and

(2) the Commissioner of Social Security determines that the

completion of such program, or its continuation for a specified

period of time, will increase the likelihood that such individual

may (following his participation in such program) be permanently

removed from the disability benefit rolls.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 225, as added Aug. 1, 1956,

ch. 836, title I, Sec. 103(a), 70 Stat. 817; amended Pub. L.

85-840, title II, Sec. 205(o), Aug. 28, 1958, 72 Stat. 1025; Pub.

L. 89-97, title III, Sec. 306(c)(15), July 30, 1965, 79 Stat. 373;

Pub. L. 90-248, title I, Secs. 104(d)(5), 158(c)(9), Jan. 2, 1968,

81 Stat. 833, 869; Pub. L. 92-603, title I, Sec. 107(b)(5), Oct.

30, 1972, 86 Stat. 1343; Pub. L. 96-265, title III, Sec. 301(a),

June 9, 1980, 94 Stat. 449; Pub. L. 98-21, title III, Sec. 309(p),

Apr. 20, 1983, 97 Stat. 117; Pub. L. 101-508, title V, Sec.

5113(a), Nov. 5, 1990, 104 Stat. 1388-273; Pub. L. 103-296, title

I, Sec. 107(a)(4), title II, Sec. 201(a)(3)(A), Aug. 15, 1994, 108

Stat. 1478, 1494; Pub. L. 104-121, title I, Sec. 105(a)(4), Mar.

29, 1996, 110 Stat. 853; Pub. L. 106-170, title I, Sec.

101(b)(1)(D), Dec. 17, 1999, 113 Stat. 1873.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-170 substituted "a program

consisting of the Ticket to Work and Self-Sufficiency Program under

section 1320b-19 of this title or another program of vocational

rehabilitation services, employment services, or other support

services" for "a program of vocational rehabilitation services".

1996 - Subsec. (c). Pub. L. 104-121 struck out subsec. (c) which

related to nonpayment or termination of benefits where entitlement

involved alcoholism or drug addiction.

1994 - Pub. L. 103-296, Sec. 201(a)(3)(A)(i), amended section

catchline.

Subsec. (a). Pub. L. 103-296, Sec. 201(a)(3)(A)(i), inserted

heading.

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

Social Security" for "Secretary" wherever appearing, "to the

Commissioner" for "to him", and "the Commissioner's" for "his".

Subsec. (b). Pub. L. 103-296, Sec. 201(a)(3)(A)(ii), inserted

heading.

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

Social Security" for "Secretary" in pars. (1) and (2).

Subsec. (c). Pub. L. 103-296, Sec. 201(a)(3)(A)(iii), added

subsec. (c).

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (c) as added by Pub.

L. 103-296, Sec. 201(a)(3)(A)(iii), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing and

"Commissioner's" for "Secretary's" wherever appearing.

1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 5113(a)(1), added

par. (1) and struck out former par. (1) which read as follows:

"such individual is participating in an approved vocational

rehabilitation program under a State plan approved under title I of

the Rehabilitation Act of 1973, and".

Subsec. (b)(2). Pub. L. 101-508, Sec. 5113(a)(2), substituted

"Secretary" for "Commissioner of Social Security".

1983 - Subsec. (a). Pub. L. 98-21 inserted "or surviving divorced

husband" after "widower".

1980 - Pub. L. 96-265 designated existing provisions as subsec.

(a), made conforming amendments in subsec. (a) as so designated,

and added subsec. (b).

1972 - Pub. L. 92-603 substituted "age 60" for "age 62".

1968 - Pub. L. 90-248 in first sentence inserted "or that a widow

or surviving divorced wife who has not attained age 60 and is

entitled to benefits under section 402(e) of this title, or that a

widower who has not attained age 62 and is entitled to benefits

under section 402(f) of this title," after "section 402(d) of this

title," and substituted "402(d), 402(e), 402(f), or 423" for "423

or 402(d)", and substituted in third sentence reference to "423(d)"

for "423(c)(2)".

1965 - Pub. L. 89-97 inserted "The first sentence of this section

shall not apply to any child entitled to benefits under section

402(d) of this title, if he has attained the age of 18 but has not

attained the age of 22, for any month during which he is a

full-time student (as defined and determined under section 402(d)

of this title)."

1958 - Pub. L. 85-840 provided that whenever the benefits of an

individual entitled to a disability insurance benefit are suspended

for any month, the benefits of any individual entitled thereto

under subsection (b), (c), or (d) of section 402 of this title, on

the basis of the wages and self-employment income of such

individual, shall be suspended for such month.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-170 effective with the first month

following one year after Dec. 17, 1999, subject to section 101(d)

of Pub. L. 106-170, see section 101(c) of Pub. L. 106-170, set out

as an Effective Date note under section 1320b-19 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-121 applicable to any individual who

applies for, or whose claim is finally adjudicated with respect to,

benefits under this subchapter based on disability on or after Mar.

29, 1996, with special rule for any individual who applied, and

whose claim has been finally adjudicated, before Mar. 29, 1996, see

section 105(a)(5) of Pub. L. 104-121, set out as a note under

section 405 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT; SUNSET PROVISION

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 201(a)(3)(C), (E) of Pub. L. 103-296 provided that:

"(C) Sunset of 36-month rule. - Section 225(c)(7) of the Social

Security Act [subsec. (c)(7) of this section] (added by

subparagraph (A)) shall cease to be effective with respect to

benefits for months after September 2004.

"(E) Effective date. -

"(i) In general. - Except as otherwise provided in this

paragraph, the amendments made by this paragraph [amending this

section and sections 426 and 426-1 of this title] shall apply

with respect to benefits based on disability (as defined in

section 225(c)(9) of the Social Security Act [subsec. (c)(9) of

this section], added by this section) which are otherwise payable

in months beginning after 180 days after the date of the

enactment of this Act [Aug. 15, 1994]. The Secretary of Health

and Human Services shall issue regulations necessary to carry out

the amendments made by this paragraph not later than 180 days

after the date of the enactment of this Act.

"(ii) Referral and monitoring agencies. - Section 225(c)(5) of

the Social Security Act [subsec. (c)(5) of this section] (added

by this subsection) shall take effect 180 days after the date of

the enactment of this Act.

"(iii) Termination after 36 months. - Section 225(c)(7) of the

Social Security Act [subsec. (c)(7) of this section] (added by

this subsection) shall apply with respect to benefits based on

disability (as so defined) for months beginning after 180 days

after the date of the enactment of this Act."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5113(c) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall be effective with respect to benefits payable for

months after the eleventh month following the month in which this

Act is enacted [November 1990] and shall apply only with respect to

individuals whose blindness or disability has or may have ceased

after such eleventh month."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 301(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall become effective on the first day of the sixth

month which begins after the date of the enactment of this Act

[June 9, 1980], and shall apply with respect to individuals whose

disability has not been determined to have ceased prior to such

first day."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-603 applicable with respect to monthly

benefits under this subchapter for months after December 1972, with

specified exceptions, see section 107(c) of Pub. L. 92-603, set out

as a note under section 402 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 104(d)(5) 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.

Amendment by section 158(c)(9) 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

section 416(i) of this title, see section 158(e) of Pub. L. 90-248,

set out as a note under section 423 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 205(o) 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

Section applicable only with respect to monthly benefits under

this subchapter for months after June 1957, see section 103(a) of

act Aug. 1, 1956, set out as a note under section 423 of this

title.

REPORT ON REFERRAL, MONITORING, TESTING AND TREATMENT OF

INDIVIDUALS WHERE ENTITLEMENT TO OR TERMINATION OF BENEFITS

INVOLVES ALCOHOLISM OR DRUG ADDICTION

Section 201(a)(3)(B) of Pub. L. 103-296 provided that not later

than Dec. 31, 1996, the Secretary was to submit to Congress a full

and complete report on the Secretary's activities under former

subsec. (c)(5) of this section, which was to include the number and

percentage of individuals referred to in such provision who had not

received regular drug testing since the effective date of such

provision, prior to repeal by Pub. L. 105-33, title V, Sec.

5525(c), Aug. 5, 1997, 111 Stat. 625.

TRANSITION RULES FOR CURRENT BENEFICIARIES

Section 201(a)(3)(F) of Pub. L. 103-296 provided that: "In any

case in which an individual is entitled to benefits based on

disability, the determination of disability was made by the

Secretary of Health and Human Services during or before the 180-day

period following the date of the enactment of this Act [Aug. 15,

1994], and alcoholism or drug addiction is a contributing factor

material to the Secretary's determination that the individual is

under a disability -

"(i) Treatment requirement. - Paragraphs (1) through (4) of

section 225(c) of the Social Security Act [subsec. (c)(1) to (4)

of this section] (added by this subsection) shall apply only with

respect to benefits paid in months after the month in which such

individual is notified by the Secretary in writing that

alcoholism or drug addiction is a contributing factor material to

the Secretary's determination and that such individual is

therefore required to comply with the provisions of section

225(c) of such Act.

"(ii) Termination after 36 months. -

"(I) In general. - For purposes of section 225(c)(7) of the

Social Security Act [subsec. (c)(7) of this section] (added by

this subsection), the first month of entitlement beginning

after 180 days after the date of the enactment of this Act

[Aug. 15, 1994] shall be treated as the individual's first

month of entitlement to such benefits.

"(II) Concurrent beneficiaries currently under treatment. -

In any case in which the individual is also entitled to

benefits under title XVI [subchapter XVI of this chapter] and,

as of 180 days after the date of the enactment of this Act,

such individual is undergoing treatment required under section

1611(e)(3) of the Social Security Act [section 1382(e)(3) of

this title] (as in effect immediately before the date of the

enactment of this Act), the Secretary of Health and Human

Services shall notify such individual of the provisions of

section 225(c)(7) of the Social Security Act (added by this

subsection) not later than 180 days after the date of the

enactment of this Act.

"(III) Concurrent beneficiaries not currently under

treatment. - In any case in which the individual is also

entitled to benefits under title XVI but, as of 180 days after

the date of the enactment of this Act, such individual is not

undergoing treatment described in subclause (II), section

225(c)(7) (added by this subsection) shall apply only with

respect to benefits for months after the month in which

treatment required under section 1611(e)(3) of the Social

Security Act (as amended by subsection (b)) is available, as

determined under regulations of the Secretary of Health and

Human Services, and the Secretary notifies such individual of

the availability of such treatment and describes in such

notification the provisions of section 225(c)(7) of the Social

Security Act (added by this subsection)."

DEMONSTRATION PROJECTS RELATING TO REFERRAL, MONITORING, AND

TREATMENT FOR ALCOHOLICS OR DRUG ADDICTS

Section 201(c) of Pub. L. 103-296 related to demonstration

projects relating to referral, monitoring, and treatment for

alcoholics or drug addicts, prior to repeal by Pub. L. 104-121,

title I, Sec. 105(c), Mar. 29, 1996, 110 Stat. 855.

PAYMENT OF COSTS OF REHABILITATION SERVICES

Amendment of sections 422 and 1382d of this title by section

11(a), (b) of Pub. L. 98-460 applicable with respect to individuals

who receive benefits as a result of section 425(b) or section

1383(a)(6) of this title, or who refuse to continue to accept

rehabilitation services or fail to cooperate in an approved

vocational rehabilitation program, in or after the first month

following October 1984, see section 11(c) of Pub. L. 98-460, set

out as an Effective Date of 1984 Amendment note under section 422

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 416, 422, 426, 426-1 of

this title.

-End-

-CITE-

42 USC Sec. 426 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. 426. Entitlement to hospital insurance benefits

-STATUTE-

(a) Individuals over 65 years

Every individual who -

(1) has attained age 65, and

(2)(A) is entitled to monthly insurance benefits under section

402 of this title, would be entitled to those benefits except

that he has not filed an application therefor (or application has

not been made for a benefit the entitlement to which for any

individual is a condition of entitlement therefor), or would be

entitled to such benefits but for the failure of another

individual, who meets all the criteria of entitlement to monthly

insurance benefits, to meet such criteria throughout a month,

and, in conformity with regulations of the Secretary, files an

application for hospital insurance benefits under part A of

subchapter XVIII of this chapter,

(B) is a qualified railroad retirement beneficiary, or

(C)(i) would meet the requirements of subparagraph (A) upon

filing application for the monthly insurance benefits involved if

medicare qualified government employment (as defined in section

410(p) of this title) were treated as employment (as defined in

section 410(a) of this title) for purposes of this subchapter,

and (ii) files an application, in conformity with regulations of

the Secretary, for hospital insurance benefits under part A of

subchapter XVIII of this chapter,

shall be entitled to hospital insurance benefits under part A of

subchapter XVIII of this chapter for each month for which he meets

the condition specified in paragraph (2), beginning with the first

month after June 1966 for which he meets the conditions specified

in paragraphs (1) and (2).

(b) Individuals under 65 years

Every individual who -

(1) has not attained age 65, and

(2)(A) is entitled to, and has for 24 calendar months been

entitled to, (i) disability insurance benefits under section 423

of this title or (ii) child's insurance benefits under section

402(d) of this title by reason of a disability (as defined in

section 423(d) of this title) or (iii) widow's insurance benefits

under section 402(e) of this title or widower's insurance

benefits under section 402(f) of this title by reason of a

disability (as defined in section 423(d) of this title), or

(B) is, and has been for not less than 24 months, a disabled

qualified railroad retirement beneficiary, within the meaning of

section 231f(d) of title 45, or

(C)(i) has filed an application, in conformity with regulations

of the Secretary, for hospital insurance benefits under part A of

subchapter XVIII of this chapter pursuant to this subparagraph,

and

(ii) would meet the requirements of subparagraph (A) (as

determined under the disability criteria, including reviews,

applied under this subchapter), including the requirement that he

has been entitled to the specified benefits for 24 months, if -

(I) medicare qualified government employment (as defined in

section 410(p) of this title) were treated as employment (as

defined in section 410(a) of this title) for purposes of this

subchapter, and

(II) the filing of the application under clause (i) of this

subparagraph were deemed to be the filing of an application for

the disability-related benefits referred to in clause (i),

(ii), or (iii) of subparagraph (A),

shall be entitled to hospital insurance benefits under part A of

subchapter XVIII of this chapter for each month beginning with the

later of (I) July 1973 or (II) the twenty-fifth month of his

entitlement or status as a qualified railroad retirement

beneficiary described in paragraph (2), and ending (subject to the

last sentence of this subsection) with the month following the

month in which notice of termination of such entitlement to

benefits or status as a qualified railroad retirement beneficiary

described in paragraph (2) is mailed to him, or if earlier, with

the month before the month in which he attains age 65. In applying

the previous sentence in the case of an individual described in

paragraph (2)(C), the "twenty-fifth month of his entitlement"

refers to the first month after the twenty-fourth month of

entitlement to specified benefits referred to in paragraph (2)(C)

and "notice of termination of such entitlement" refers to a notice

that the individual would no longer be determined to be entitled to

such specified benefits under the conditions described in that

paragraph. For purposes of this subsection, an individual who has

had a period of trial work which ended as provided in section

422(c)(4)(A) of this title, and whose entitlement to benefits or

status as a qualified railroad retirement beneficiary as described

in paragraph (2) has subsequently terminated, shall be deemed to be

entitled to such benefits or to occupy such status (notwithstanding

the termination of such entitlement or status) for the period of

consecutive months throughout all of which the physical or mental

impairment, on which such entitlement or status was based,

continues, and throughout all of which such individual would have

been entitled to monthly insurance benefits under this subchapter

or as a qualified railroad retirement beneficiary had such

individual been unable to engage in substantial gainful activity,

but not in excess of 78 such months. In determining when an

individual's entitlement or status terminates for purposes of the

preceding sentence, the term "36 months" in the second sentence of

section 423(a)(1) of this title, in section 402(d)(1)(G)(i) of this

title, in the last sentence of section 402(e)(1) of this title, and

in the last sentence of section 402(f)(1) of this title shall be

applied as though it read "15 months".

(c) Conditions

For purposes of subsection (a) of this section -

(1) entitlement of an individual to hospital insurance benefits

for a month shall consist of entitlement to have payment made

under, and subject to the limitations in, part A of subchapter

XVIII of this chapter on his behalf for inpatient hospital

services, post-hospital extended care services, and home health

services (as such terms are defined in part D of subchapter XVIII

of this chapter) furnished him in the United States (or outside

the United States in the case of inpatient hospital services

furnished under the conditions described in section 1395f(f) of

this title) during such month; except that (A) no such payment

may be made for post-hospital extended care services furnished

before January 1967, and (B) no such payment may be made for

post-hospital extended care services unless the discharge from

the hospital required to qualify such services for payment under

part A of subchapter XVIII of this chapter occurred (i) after

June 30, 1966, or on or after the first day of the month in which

he attains age 65, whichever is later, or (ii) if he was entitled

to hospital insurance benefits pursuant to subsection (b) of this

section, at a time when he was so entitled; and

(2) an individual shall be deemed entitled to monthly insurance

benefits under section 402 or section 423 of this title, or to be

a qualified railroad retirement beneficiary, for the month in

which he died if he would have been entitled to such benefits, or

would have been a qualified railroad retirement beneficiary, for

such month had he died in the next month.

(d) "Qualified railroad retirement beneficiary" defined

For purposes of this section, the term "qualified railroad

retirement beneficiary" means an individual whose name has been

certified to the Secretary by the Railroad Retirement Board under

section 231f(d) of title 45. An individual shall cease to be a

qualified railroad retirement beneficiary at the close of the month

preceding the month which is certified by the Railroad Retirement

Board as the month in which he ceased to meet the requirements of

section 231f(d) of title 45.

(e) Benefits for widows and widowers

(1)(A) For purposes of determining entitlement to hospital

insurance benefits under subsection (b) of this section in the case

of widows and widowers described in paragraph (2)(A)(iii) thereof -

(i) the term "age 60" in sections 402(e)(1)(B)(ii), 402(e)(4),

402(f)(1)(B)(ii), and 402(f)(5) of this title shall be deemed to

read "age 65"; and

(ii) the phrase "before she attained age 60" in the matter

following subparagraph (F) of section 402(e)(1) of this title and

the phrase "before he attained age 60" in the matter following

subparagraph (F) of section 402(f)(1) of this title shall each be

deemed to read "based on a disability".

(B) For purposes of subsection (b)(2)(A)(iii) of this section,

each month in the period commencing with the first month for which

an individual is first eligible for supplemental security income

benefits under subchapter XVI of this chapter, or State

supplementary payments of the type referred to in section 1382e(a)

of this title (or payments of the type described in section 212(a)

of Public Law 93-66) which are paid by the Secretary under an

agreement referred to in section 1382e(a) of this title (or in

section 212(b) of Public Law 93-66), shall be included as one of

the 24 months for which such individual must have been entitled to

widow's or widower's insurance benefits on the basis of disability

in order to become entitled to hospital insurance benefits on that

basis.

(2) For purposes of determining entitlement to hospital insurance

benefits under subsection (b) of this section in the case of an

individual under age 65 who is entitled to benefits under section

402 of this title, and who was entitled to widow's insurance

benefits or widower's insurance benefits based on disability for

the month before the first month in which such individual was so

entitled to old-age insurance benefits (but ceased to be entitled

to such widow's or widower's insurance benefits upon becoming

entitled to such old-age insurance benefits), such individual shall

be deemed to have continued to be entitled to such widow's

insurance benefits or widower's insurance benefits for and after

such first month.

(3) For purposes of determining entitlement to hospital insurance

benefits under subsection (b) of this section, any disabled widow

aged 50 or older who is entitled to mother's insurance benefits

(and who would have been entitled to widow's insurance benefits by

reason of disability if she had filed for such widow's benefits),

and any disabled widower aged 50 or older who is entitled to

father's insurance benefits (and who would have been entitled to

widower's insurance benefits by reason of disability if he had

filed for such widower's benefits), shall, upon application for

such hospital insurance benefits be deemed to have filed for such

widow's or widower's insurance benefits.

(4) For purposes of determining entitlement to hospital insurance

benefits under subsection (b) of this section in the case of an

individual described in clause (iii) of subsection (b)(2)(A) of

this section, the entitlement of such individual to widow's or

widower's insurance benefits under section 402(e) or (f) of this

title by reason of a disability shall be deemed to be the

entitlement to such benefits that would result if such entitlement

were determined without regard to the provisions of section

402(j)(4) of this title.

(f) Medicare waiting period for recipients of disability benefits

For purposes of subsection (b) of this section (and for purposes

of section 1395p(g)(1) of this title and section 231f(d)(2)(ii) of

title 45), the 24 months for which an individual has to have been

entitled to specified monthly benefits on the basis of disability

in order to become entitled to hospital insurance benefits on such

basis effective with any particular month (or to be deemed to have

enrolled in the supplementary medical insurance program, on the

basis of such entitlement, by reason of section 1395p(f) of this

title), where such individual had been entitled to specified

monthly benefits of the same type during a previous period which

terminated -

(1) more than 60 months before the month in which his current

disability began in any case where such monthly benefits were of

the type specified in clause (A)(i) or (B) of subsection (b)(2)

of this section, or

(2) more than 84 months before the month in which his current

disability began in any case where such monthly benefits were of

the type specified in clause (A)(ii) or (A)(iii) of such

subsection,

shall not include any month which occurred during such previous

period, unless the physical or mental impairment which is the basis

for disability is the same as (or directly related to) the physical

or mental impairment which served as the basis for disability in

such previous period.

(g) Information regarding eligibility of Federal employees

The Secretary and Director of the Office of Personnel Management

shall jointly prescribe and carry out procedures designed to assure

that all individuals who perform medicare qualified government

employment by virtue of service described in section 410(a)(5) of

this title are fully informed with respect to (1) their eligibility

or potential eligibility for hospital insurance benefits (based on

such employment) under part A of subchapter XVIII of this chapter,

(2) the requirements for and conditions of such eligibility, and

(3) the necessity of timely application as a condition of

entitlement under subsection (b)(2)(C) of this section, giving

particular attention to individuals who apply for an annuity under

chapter 83 (!1) of title 5 or under another similar Federal

retirement program, and whose eligibility for such an annuity is or

would be based on a disability.

(h) Waiver of waiting period for individuals with ALS

For purposes of applying this section in the case of an

individual medically determined to have amyotrophic lateral

sclerosis (ALS), the following special rules apply:

(1) Subsection (b) of this section shall be applied as if there

were no requirement for any entitlement to benefits, or status,

for a period longer than 1 month.

(2) The entitlement under such subsection shall begin with the

first month (rather than twenty-fifth month) of entitlement or

status.

(3) Subsection (f) of this section shall not be applied.

(i) Continuing eligibility of certain terminated individuals

For purposes of this section, each person whose monthly insurance

benefit for any month is terminated or is otherwise not payable

solely by reason of paragraph (1) or (7) of section 425(c) (!2) of

this title shall be treated as entitled to such benefit for such

month.

(j) Certain uninsured individuals

For entitlement to hospital insurance benefits in the case of

certain uninsured individuals, see section 426a of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 226, as added Pub. L.

89-97, title I, Sec. 101, July 30, 1965, 79 Stat. 290; amended Pub.

L. 90-248, title I, Sec. 129(c)(1), Jan. 2, 1968, 81 Stat. 847;

Pub. L. 92-603, title II, Secs. 201(b), 299I, Oct. 30, 1972, 86

Stat. 1371, 1463; Pub. L. 93-58, Sec. 3, July 6, 1973, 87 Stat.

142; Pub. L. 93-233, Sec. 18(f), Dec. 31, 1973, 87 Stat. 969; Pub.

L. 93-445, title III, Sec. 305, Oct. 16, 1974, 88 Stat. 1358; Pub.

L. 95-216, title III, Secs. 332(a)(3), 334(d)(4)(B), Dec. 20, 1977,

91 Stat. 1543, 1546; Pub. L. 95-292, Secs. 1(b), 3, June 13, 1978,

92 Stat. 308, 315; Pub. L. 96-265, title I, Secs. 103(a)(1), (b),

104(a), June 9, 1980, 94 Stat. 444; Pub. L. 96-473, Sec. 2(a), Oct.

19, 1980, 94 Stat. 2263; Pub. L. 96-499, title IX, Sec. 930(q),

Dec. 5, 1980, 94 Stat. 2633; Pub. L. 97-35, title XXII, Sec.

2203(e), Aug. 13, 1981, 95 Stat. 837; Pub. L. 97-248, title II,

Sec. 278(b)(2)(A), (B), (4), Sept. 3, 1982, 96 Stat. 560, 561; Pub.

L. 98-21, title I, Sec. 131(a)(3)(H), (b)(3)(G), title III, Sec.

309(q)(1), Apr. 20, 1983, 97 Stat. 93, 117; Pub. L. 98-369, div. B,

title VI, Sec. 2663(a)(17), July 18, 1984, 98 Stat. 1165; Pub. L.

99-272, title XIII, Sec. 13205(b)(2)(A), (C)(ii), Apr. 7, 1986, 100

Stat. 317; Pub. L. 100-203, title IV, Sec. 4033(a), formerly Sec.

4033(a)(1), title IX, Sec. 9010(e)(3), Dec. 22, 1987, 101 Stat.

1330-77, 1330-294, renumbered Pub. L. 100-360, title IV, Sec.

411(e)(2), July 1, 1988, 102 Stat. 775; Pub. L. 100-360, title IV,

Sec. 411(n)(1), July 1, 1988, 102 Stat. 807; Pub. L. 100-485, title

VI, Sec. 608(f)(5), Oct. 13, 1988, 102 Stat. 2424; Pub. L. 101-508,

title V, Sec. 5103(c)(2)(C), Nov. 5, 1990, 104 Stat. 1388-252; Pub.

L. 103-296, title II, Sec. 201(a)(3)(D)(i), Aug. 15, 1994, 108

Stat. 1497; Pub. L. 105-33, title IV, Sec. 4002(f)(1), Aug. 5,

1997, 111 Stat. 329; Pub. L. 106-170, title II, Sec. 202(a), Dec.

17, 1999, 113 Stat. 1894; Pub. L. 106-554, Sec. 1(a)(6) [title I,

Sec. 115(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-474.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and D of subchapter XVIII of this chapter, referred to in

text, are classified to section 1395c et seq. and 1395x et seq.,

respectively, of this title.

Section 212 of Public Law 93-66, referred to in subsec.

(e)(1)(B), is section 212 of Pub. L. 93-66 which is set out as a

note under section 1382 of this title.

Section 425(c) of this title, referred to in subsec. (i), was

repealed by Pub. L. 104-121, title I, Sec. 105(a)(4), Mar. 29,

1996, 110 Stat. 853.

-MISC1-

AMENDMENTS

2000 - Subsecs. (h), (j). Pub. L. 106-554 added subsec. (h) and

redesignated former subsec. (h) as (j) and transferred such subsec.

to appear at end of section.

1999 - Subsec. (b). Pub. L. 106-170 substituted "78" for "24" in

penultimate sentence.

1997 - Subsec. (c)(1). Pub. L. 105-33 substituted "part D" for

"part C".

1994 - Subsec. (i). Pub. L. 103-296 added subsec. (i).

1990 - Subsec. (e)(1). Pub. L. 101-508 designated existing

provisions as subpar. (A), redesignated former subpars. (A) and (B)

as cls. (i) and (ii), respectively, and added subpar. (B).

1988 - Subsec. (a). Pub. L. 100-485 substituted "condition

specified in paragraph (2)" for "condition specified in paragraph

(1)" in concluding provisions.

Subsec. (b). Pub. L. 100-360, Sec. 411(n)(1), amended last

sentence generally. Prior to amendment, last sentence read as

follows: "In determining when an individual's entitlement or status

terminates for purposes of the preceding sentence, the second

sentence of section 423(a) of this title shall be applied as though

the term '36 months' (in such second sentence) read '15 months'."

1987 - Subsec. (b). Pub. L. 100-203, Sec. 9010(e)(3), inserted

sentence at end which related to determining when an individual's

entitlement or status terminates for purposes of preceding

sentence.

Subsec. (f). Pub. L. 100-203, Sec. 4033(a), inserted before

period at end ", unless the physical or mental impairment which is

the basis for disability is the same as (or directly related to)

the physical or mental impairment which served as the basis for

disability in such previous period".

1986 - Subsec. (a)(2)(C)(i). Pub. L. 99-272, Sec. 13205(b)(2)(A)

substituted "medicare qualified government employment" for

"medicare qualified Federal employment".

Subsec. (b)(2)(C)(ii)(I). Pub. L. 99-272, Sec. 13205(b)(2)(A),

substituted "medicare qualified government employment" for

"medicare qualified Federal employment".

Subsec. (g). Pub. L. 99-272, Sec. 13205(b)(2)(C)(ii), substituted

"medicare qualified government employment by virtue of service

described in section 410(a)(5) of this title" for "medicare

qualified Federal employment".

1984 - Subsec. (b). Pub. L. 98-369 substituted "part A" for "part

(A)" in provisions following par. (2)(C).

1983 - Subsec. (e)(1)(A). Pub. L. 98-21, Sec. 131(a)(3)(H),

(b)(3)(G), substituted reference to section 402(e)(4), (f)(5) of

this title for reference to section 405(e)(5), (f)(6) of this

title.

Subsec. (e)(3). Pub. L. 98-21, Sec. 309(q)(1), amended par. (3)

generally, inserting provisions relating to any disabled widower

and striking out provision that a disabled widow, upon furnishing

proof of such disability prior to July 1, 1974, under such

procedures as the Secretary prescribed, would be deemed to have

been entitled to such widow's benefits as of the time she would

have been entitled to such widow's benefits if she had filed a

timely application therefor.

1982 - Subsec. (a)(2). Pub. L. 97-248, Sec. 278(b)(2)(A),

redesignated existing provisions as subpar. (A), struck out "or is

a qualified railroad retirement beneficiary," after "of this

chapter,", and added subpars. (B) and (C).

Subsec. (b). Pub. L. 97-248, Sec. 278(b)(2)(B), in par. (2)(B)

inserted a comma after "24 months" and "or" after "title 45,",

added par. (2)(C), and in provisions following par. (2) inserted

provision defining "twenty-fifth month of his entitlement" and

"notice of termination of such entitlement" with regards to

applying first sentence of this subsection to individuals described

in par. (2)(C).

Subsecs. (g), (h). Pub. L. 97-248, Sec. 278(b)(4), added subsec.

(g) and redesignated former subsec. (g) as (h).

1981 - Subsec. (a)(2). Pub. L. 97-35 substituted "would be

entitled" for "or would be entitled" and inserted ", or would be

entitled to such benefits but for the failure of another

individual, who meets all the criteria of entitlement to monthly

insurance benefits, to meet such criteria throughout a month,".

1980 - Subsec. (a)(2). Pub. L. 96-473 inserted provisions

relating to persons who would be entitled to benefits but for

enumerated exceptions.

Subsec. (b). Pub. L. 96-265, Sec. 104(a), in provisions following

par. (2), inserted "(subject to the last sentence of this

subsection)", and inserted provision that, for purposes of this

subsection, an individual who has had a period of trial work which

ended as provided in section 422(c)(4)(A) of this title, and whose

entitlement to benefits or status as a qualified railroad

retirement beneficiary as described in paragraph (2) has

subsequently terminated, shall be deemed to be entitled to such

benefits or to occupy such status (notwithstanding the termination

of such entitlement or status) for the period of consecutive months

throughout all of which the physical or mental impairment, on which

such entitlement or status was based, continues, and throughout all

of which such individual would have been entitled to monthly

insurance benefits under this subchapter.

Pub. L. 96-265, Sec. 103(a)(1), substituted "24 calendar months"

and "24 months" for "24 consecutive calendar months" and "24

consecutive months", respectively, in par. (2) and, in provisions

following par. (2), substituted "the twenty-fifth month" for "the

twenty-fifth consecutive month".

Subsec. (c)(1). Pub. L. 96-499 substituted "and home health

services" for "and post-hospital home health services" and struck

out "or post-hospital home health services" before "unless the

discharge".

Subsecs. (f), (g). Pub. L. 96-265, Sec. 103(b), added subsec. (f)

and redesignated former subsec. (f) as (g).

1978 - Subsec. (a). Pub. L. 95-292, Sec. 3(a), substituted

"condition specified in paragraph (1), beginning with the first

month after June 1966 for which he meets the conditions specified

in paragraphs (1) and (2)" for "conditions specified in

subparagraph (B), beginning with the first month after June 1966

for which he meets the conditions specified in subparagraphs (A)

and (B)".

Subsec. (e). Pub. L. 95-292, Secs. 1(b)(1), (2), 3(b),

redesignated subsec. (h) as (e) and, in subsec. (e) as so

redesignated, corrected a technical error resulting from the 1973

amendment of pars. (2) and (3) by Pub. L. 93-233 under which a

reference to subsec. (b) of this section had been inserted without

the required parentheses. Former subsec. (e), relating to Medicare

eligibility of persons medically determined to have chronic renal

disease requiring hemodialysis or renal transplantation, was struck

out. See section 426-1 of this title.

Subsec. (f). Pub. L. 95-292, Sec. 1(b)(1), (2), redesignated

subsec. (i) as (f). Former subsec. (f), relating to the duration of

Medicare coverage of persons medically determined to have chronic

renal disease requiring hemodialysis or renal transplantation, was

struck out. See section 426-1 of this title.

Subsec. (g). Pub. L. 95-292, Sec. 1(b)(1), struck out subsec. (g)

which related to reimbursement for kidney transplant and kidney

treatment. See section 1395rr of this title.

Subsecs. (h), (i). Pub. L. 95-292, Sec. 1(b)(2), redesignated

subsecs. (h) and (i) as (e) and (f), respectively.

1977 - Subsec. (h)(1)(B). Pub. L. 95-216, Sec. 334(d)(4)(B),

substituted "subparagraph (F) of section 402(f)(1)" for

"subparagraph (G) of section 402(f)(1)".

Subsec. (h)(4). Pub. L. 95-216, Sec. 332(a)(3), added par. (4).

1974 - Subsec. (b)(2). Pub. L. 93-445, Sec. 305(a), substituted

"section 7(d) of the Railroad Retirement Act of 1974" for "section

22 of the Railroad Retirement Act of 1937".

Subsec. (d). Pub. L. 93-445, Sec. 305(b), substituted "section

7(d) of the Railroad Retirement Act of 1974" for section 21 or 22

of the Railroad Retirement Act of 1937", in two places.

Subsec. (e). Pub. L. 93-445, Sec. 305(c), substituted "Railroad

Retirement Act of 1974" for "Railroad Retirement Act of 1937",

wherever appearing.

1973 - Subsec. (a). Pub. L. 93-233, Sec. 18(f)(1)(A),

redesignated subsec. (a)(1) as subsec. (a).

Subsec. (a)(1), (2). Pub. L. 93-233, Sec. 18(f)(1)(B),

redesignated cls. (A) and (B) as (1) and (2), respectively.

Subsec. (e)(2). Pub. L. 93-58, inserted in: item (2)(A) "or would

be fully or currently insured if his service as an employee (as

defined in the Railroad Retirement Act of 1937) after December 31,

1936, were included in the term 'employment' as defined in this

chapter" after "(as such terms are defined in section 414 of this

title)"; item (2)(B) "or an annuity under the Railroad Retirement

Act of 1937" after "this subchapter"; item (2)(C) "Or would be

fully or currently insured if his service as an employee (as

defined in the Railroad Retirement Act of 1937) after December 31,

1936, were included in the term 'employment' as defined in this

chapter" after "fully or currently insured"; and item (2)(D) "or

annuity under the Railroad Retirement Act of 1937" after "this

subchapter".

Subsec. (h). Pub. L. 93-233, Sec. 18(f)(1)(C), (2)-(4),

redesignated as subsec. (h) provisions originally enacted as

subsec. (e) by section 201(b)(5) of Pub. L. 92-603 and redesignated

as subsec. (f) by section 299I of Pub. L. 92-603, and in par.

(1)(A) substituted ", 402(e)(5)," for "and 402(e)(5) of this title,

and the term 'age 62' in sections", in par. (1)(B) substituted "and

the phrase 'before he attained age 60' in the matter following

subparagraph (G) of section 402(f)(1) of this title shall each" for

"shall", and in pars. (2) and (3) substituted "(b)" for "(a)(2)",

respectively.

Subsec. (i). Pub. L. 93-233, Sec. 18(f)(1)(C), redesignated as

subsec. (i) provisions originally enacted as subsec. (d) by section

101 of Pub. L. 89-97 and redesignated as subsec. (f) by section

201(b)(5) of Pub. L. 92-603.

1972 - Subsec. (a). Pub. L. 92-603, Sec. 201(b)(1), incorporated

provisions of former subsec. (a) and subsec. (a)(1), and

redesignated pars. (1) and (2) as subpars. (A) and (B).

Subsec. (b). Pub. L. 92-603, Sec. 201(b)(1), added subsec. (b).

Former subsec. (b) redesignated subsec. (c).

Subsec. (c)(1). Pub. L. 92-603, Sec. 201(b)(2), (5), redesignated

subsec. (b)(1) as subsec. (c)(1) and, in subsec. (c)(1) as so

redesignated, inserted reference to entitlement to hospital

insurance benefits pursuant to subsec. (b) of this section. Former

subsec. (c) redesignated subsec. (d).

Subsec. (c)(2). Pub. L. 92-603, Sec. 201(b)(3), (5), redesignated

subsec. (b)(2) as subsec. (c)(2) and inserted reference to section

423 of this title. Former subsec. (c) redesignated subsec. (d).

Subsec. (d). Pub. L. 92-603, Sec. 201(b)(4), (5), redesignated

former subsec. (c) as subsec. (d) and inserted reference to section

22 of the Railroad Retirement Act of 1937. Former subsec. (d)

redesignated subsec. (i).

Subsecs. (e) to (h). Pub. L. 92-603, Secs. 201(b)(5), 299I, added

subsecs. (e) to (h). See 1973 Amendment note above.

Subsec. (i). Pub. L. 92-603, Sec. 201(b)(5), redesignated former

subsec. (d) as subsec. (i). See 1973 Amendment note above.

1968 - Subsec. (b)(1). Pub. L. 90-248 struck out outpatient

hospital diagnostic services from services for which hospital

insurance benefits are payable.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(6) [title I, Sec. 115(c)], Dec. 21,

2000, 114 Stat. 2763, 2763A-474, provided that: "The amendments

made by this section [amending this section and section 1395p of

this title] shall apply to benefits for months beginning July 1,

2001."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title II, Sec. 202(b), Dec. 17, 1999, 113 Stat.

1894, provided that: "The amendment made by subsection (a)

[amending this section] shall be effective on and after October 1,

2000."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 applicable with respect to benefits

based on disability (as defined in section 425(c)(9) of this title)

which are otherwise payable in months beginning after 180 days

after Aug. 15, 1994, with Secretary of Health and Human Services to

issue regulations necessary to carry out such amendment not later

than 180 days after Aug. 15, 1994, see section 201(a)(3)(E)(i) of

Pub. L. 103-296, set out as an Effective Date of 1994 Amendment;

Sunset Provision note under section 425 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to items and

services furnished after December 1990, see section 5103(e) of Pub.

L. 101-508, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 608(f)(5) of Pub. L. 100-485 provided that the amendment

made by such section 608(f)(5) is effective as of the date of

enactment of Pub. L. 95-292, which was approved June 13, 1978.

Except as specifically provided in section 411 of Pub. L.

100-360, amendment by Pub. L. 100-360, as it relates to a provision

in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203,

effective as if included in the enactment of that provision in Pub.

L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a

Reference to OBRA; Effective Date note under section 106 of Title

1, General Provisions.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 4033(b), formerly section 4033(a)(2) of Pub. L. 100-203,

as renumbered by Pub. L. 100-360, title IV, Sec. 411(e)(2), July 1,

1988, 102 Stat. 775, provided that:

"(1) The amendment made by subsection (a) [amending this

section] shall apply to months beginning after the end of the

60-day period beginning on the date of enactment of this Act

[Dec. 22, 1987].

"(2) The amendment made by subsection (a) shall not apply so as

to include (for the purposes described in section 226(f) of the

Social Security Act [subsec. (f) of this section]) monthly

benefits paid for any month in a previous period (described in

that section) that terminated before the end of the 60-day period

described in paragraph (1)."

Amendment by section 9010(e)(3) of 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 1986 AMENDMENT

Amendment by Pub. L. 99-272 effective after Mar. 31, 1986, with

no individual to be considered under disability for any period

beginning before Apr. 1, 1986, for purposes of hospital insurance

benefits, see section 13205(d)(2) of Pub. L. 99-272, set out as a

note under section 410 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 AMENDMENTS

Amendment by section 131(a)(3)(H), (b)(3)(G) of Pub. L. 98-21

effective with respect to monthly benefits payable under this

subchapter for months after December 1983, and in the case of an

individual who was not entitled to a monthly benefit of the type

involved under this subchapter for December 1983, no benefit shall

be paid under this subchapter by reason of such amendments unless

proper application for such benefit is made, see section 131(d) of

Pub. L. 98-21 set out as a note under section 402 of this title.

Amendment by section 309(q)(1) 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.

Pub. L. 97-448, title III, Sec. 309(c)(1), Jan. 12, 1983, 96

Stat. 2410, provided that: "Any amendment to the Tax Equity and

Fiscal Responsibility Act of 1982 [Pub. L. 97-248, Sept. 3, 1982,

96 Stat. 324] made by this section [amending sections 1395x,

1395cc, and 1396a of this title and amending provisions set out as

notes under this section and sections 1320c, 1395b-1, 1395f, 1395u,

1395ww, 1395xx, and 1396o of this title] shall be effective as if

it had been originally included in the provision of such Act to

which such amendment relates."

EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL PROVISIONS

Section 278(c)(2), (d) of Pub. L. 97-248, as amended by Pub. L.

97-448, title III, Sec. 309(a)(10), (11), Jan. 12, 1983, 96 Stat.

2408, provided that:

"(c) Effective Dates. -

"(2) Medicare coverage. -

"(A) In general. - The amendments made by subsection (b)

[amending this section and sections 410, 426-1, and 1395c of

this title] are effective on and after January 1, 1983, and the

amendments made by paragraph (2) of that subsection [amending

this section and section 426-1 of this title] apply to

remuneration (for medicare qualified Federal employment) paid

after December 31, 1982.

"(B) Treatment of current 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) or the provisions of subsection (d), no

individual may be considered to be under a disability for any

period before January 1, 1983.

"(d) Transitional Provisions. -

"(1) In general. - For purposes of sections 226, 226A, and 1811

of the Social Security Act [this section and sections 426-1 and

1395c of this title], in the case of any individual who performs

service both during January 1983, and before January 1, 1983,

which constitutes medicare qualified Federal employment (as

defined in section 210(p) of such Act [section 410(p) of this

title]), the individual's medicare qualified Federal employment

(as so defined) performed before January 1, 1983, for which

remuneration was paid before such date, shall be considered to be

'employment' (as defined for purposes of title II of such Act

[this subchapter]), but only for the purpose of providing the

individual (or another person) with entitlement to hospital

insurance benefits under part A of title XVIII of such Act

[section 1395c et seq. of this title].

"(2) Appropriations. - There are authorized to be appropriated

to the Federal Hospital Insurance Trust Fund from time to time

such sums as the Secretary of Health and Human Services deems

necessary for any fiscal year, on account of -

"(A) payments made or to be made during such fiscal year from

such Trust Fund with respect to individuals who are entitled to

benefits under title XVIII of the Social Security Act [section

1395 et seq. of this title] solely by reason of paragraph (1)

of this subsection,

"(B) the additional administrative expenses resulting or

expected to result therefrom, and

"(C) any loss in interest to such Trust Fund resulting from

the payment of those amounts,

in order to place such Trust Fund in the same position at the end

of such fiscal year as it would have been in if this subsection

had not been enacted."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2203(f)(3) of Pub. L. 97-35, as amended by Pub. L.

97-248, title I, Sec. 128(c)(2), Sept. 3, 1982, 96 Stat. 367,

provided that: "The amendments made by subsection (e) of this

section [amending this section] shall apply only to individuals

aged 65 and over whose insured spouse attains age 62 after August

1981."

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-499 effective with respect to services

furnished on or after July 1, 1981, see section 930(s)(1) of Pub.

L. 96-499, set out as a note under section 1395x of this title.

Section 2(d) of Pub. L. 96-473 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

1395c of this title] shall be effective after the second month

beginning after the date on which this Act is enacted [Oct. 19,

1980]."

Section 103(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and sections 1395c and

1395p of this title and section 231f of Title 45, Railroads] shall

apply with respect to hospital insurance or supplementary medical

insurance benefits for services provided on or after the first day

of the sixth month which begins after the date of the enactment of

this Act [June 9, 1980]."

Section 104(b) of Pub. L. 96-265 provided that: "The amendments

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

effective on the first day of the sixth month which begins after

the date of the enactment of this Act [June 9, 1980], and shall

apply with respect to any individual whose disability has not been

determined to have ceased prior to such first day."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 6 of Pub. L. 95-292 provided that: "The amendments made

by the preceding sections of this Act [enacting sections 426-1 and

1395rr of this title and amending this section and sections 1395c,

1395i, 1395l, 1395t, 1395x, 1395cc, and 1395mm of this title] shall

become effective with respect to services, supplies, and equipment

furnished after the third calendar month which begins after the

date of the enactment of this Act [June 13, 1978], except that

those amendments providing for the implementation of an incentive

reimbursement system for dialysis services furnished in facilities

and providers shall become effective with respect to a facility's

or provider's first accounting period which begins after the last

day of the twelfth month following the month of the enactment of

this Act [June 1978], and those amendments providing for

reimbursement rates for home dialysis shall become effective on

April 1, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 332(a)(3) of Pub. L. 95-216 effective with

respect to monthly insurance benefits under this subchapter to

which an individual becomes entitled on the basis of an application

filed on or after Jan. 1, 1978, see section 332(b) of Pub. L.

95-216, set out as a note under section 402 of this title.

Amendment by section 334(d)(4)(B) of Pub. L. 95-216 applicable

with respect to monthly insurance benefits payable under this

subchapter for months beginning with December 1977, on the basis of

applications filed in or after December 1977, see section 334(f) 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 1973 AMENDMENT

Section 4(a) of Pub. L. 93-58 provided that: "The provisions of

this Act [amending this section and sections 228c and 228e of Title

45, Railroads], except the provisions of section 1, shall be

effective as of the date the corresponding provisions of Public Law

92-603 are effective as follows: clause (xi) [section 228c(e)(xi)

of Title 45] effective with respect to services provided on and

after July 1, 1973. The provisions of clauses (xi) and (xii), which

are added by section 1 of this Act, shall be effective as follows:

clause (xi) [section 228c(e)(xi) of Title 45] shall be effective

with respect to calendar years after 1971 for annuities accruing

after December 1972; and clause (xii) [section 228c(e)(xii) of

Title 45 shall be effective as of the date the delayed retirement

provision of Public Law 92-603 is effective [section 402(w) of this

title applicable with respect to old-age insurance benefits payable

under this subchapter for months beginning after 1972]."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 299I of Pub. L. 92-603 provided that the amendment made

by that section is effective with respect to services provided on

and after July 1, 1973.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-248 applicable with respect to services

furnished after March 31, 1968, see section 129(d) of Pub. L.

90-248, set out as a note under section 1395d of this title.

APPLICABILITY OF PUB. L. 96-473 TO APPLICATIONS FOR HOSPITAL

INSURANCE BENEFITS

Section 2(c) of Pub. L. 96-473 provided that: "For purposes of

section 226 of such Act [this section] as amended by subsection (a)

of this section, an individual who filed an application for monthly

insurance benefits under section 202 of such Act [section 402 of

this title] prior to the effective date of the amendment made by

subsection (a) [see section 2(c) of Pub. L. 96-473, set out above

as an Effective Date of 1980 Amendment note] shall be deemed to

have filed an application for hospital insurance benefits under

part A of title XVIII of such Act [part A of subchapter XVIII of

this chapter] at the time he applied for such benefits under

section 202 regardless of the continuing status or effect of the

application for benefits under section 202, if he would have been

entitled to benefits under that section had such application

remained in effect."

GAO REPORT

Pub. L. 106-170, title II, Sec. 202(c), Dec. 17, 1999, 113 Stat.

1894, provided that: "Not later than 5 years after the date of the

enactment of this Act [Dec. 17, 1999], the Comptroller General of

the United States shall submit a report to the Congress that -

"(1) examines the effectiveness and cost of the amendment made

by subsection (a) [amending this section];

"(2) examines the necessity and effectiveness of providing

continuation of medicare coverage under section 226(b) of the

Social Security Act (42 U.S.C. 426(b)) to individuals whose

annual income exceeds the contribution and benefit base (as

determined under section 230 of such Act (42 U.S.C. 430));

"(3) examines the viability of providing the continuation of

medicare coverage under such section 226(b) based on a sliding

scale premium for individuals whose annual income exceeds such

contribution and benefit base;

"(4) examines the viability of providing the continuation of

medicare coverage under such section 226(b) based on a premium

buy-in by the beneficiary's employer in lieu of coverage under

private health insurance;

"(5) examines the interrelation between the use of the

continuation of medicare coverage under such section 226(b) and

the use of private health insurance coverage by individuals

during the extended period; and

"(6) recommends such legislative or administrative changes

relating to the continuation of medicare coverage for recipients

of social security disability benefits as the Comptroller General

determines are appropriate."

TIME IN WHICH TO FURNISH PROOF OF DISABILITY FOR HOSPITAL BENEFITS

Section 309(q)(2) of Pub. L. 98-21 provided that: "For purposes

of determining entitlement to hospital insurance benefits under

section 226(e)(3) of such Act [subsec. (e)(3) of this section], as

amended by paragraph (1), an individual becoming entitled to such

hospital insurance benefits as a result of the amendment made by

such paragraph shall, upon furnishing proof of his or her

disability within twelve months after the month in which this Act

is enacted [April 1983], under such procedures as the Secretary of

Health and Human Services may prescribe, be deemed to have been

entitled to the widow's or widower's benefits referred to in such

section 226(e)(3), as so amended, as of the time such individual

would have been entitled to such widow's or widower's benefits if

he or she had filed a timely application therefor."

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Special payment of $50 as soon as practicable after Mar. 29,

1975, by the Secretary of the Treasury to each individual who, for

the month of March 1975, was entitled to a monthly insurance

benefit payable under this subchapter, see section 702 of Pub. L.

94-12, set out as a note under section 402 of this title.

ADOPTED CHILD'S REENLISTMENT TO ANNUITY

Section 4(b) of Pub. L. 93-58 provided that: "Any child (1) whose

entitlement to an annuity under section 5(c) of the Railroad

Retirement Act [section 228e(c) of Title 45, Railroads] was

terminated by reason of his adoption prior to the enactment of this

Act [July 6, 1973], and (2) who, except for such adoption, would be

entitled to an annuity under such section for a month after the

month in which this Act is enacted [July 1973], may, upon filing

application for an annuity under the Railroad Retirement Act

[section 228a et seq. of Title 45] after the date of enactment of

this Act [July 6, 1973], become reentitled to such annuity; except

that no child shall, by reason of the enactment of this Act

[amending this section and sections 228c, 228e of Title 45] become

reentitled to such annuity for any month prior to the effective

date of the relevant amendments made by this Act to section

5(l)(1)(ii) of the Railroad Retirement Act [section

228e(l)(1)(ii)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 410, 418, 426-1,

426a, 433, 434, 1320b-1, 1395c, 1395f, 1395h, 1395i-1, 1395i-2,

1395i-2a, 1395p, 1395u, 1395y, 1395ff, 1395ss of this title; title

10 section 1086; title 45 sections 231f, 231r.

-FOOTNOTE-

(!1) So in original. Probably should be "subchapter III of chapter

83".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 426-1 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. 426-1. End stage renal disease program

-STATUTE-

(a) Entitlement to benefits

Notwithstanding any provision to the contrary in section 426 of

this title or subchapter XVIII of this chapter, every individual

who -

(1)(A) is fully or currently insured (as such terms are defined

in section 414 of this title), or would be fully or currently

insured if (i) his service as an employee (as defined in the

Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.]) after

December 31, 1936, were included within the meaning of the term

"employment" for purposes of this subchapter, and (ii) his

medicare qualified government employment (as defined in section

410(p) of this title) were included within the meaning of the

term "employment" for purposes of this subchapter;

(B)(i) is entitled to monthly insurance benefits under this

subchapter, (ii) is entitled to an annuity under the Railroad

Retirement Act of 1974 [45 U.S.C. 231 et seq.], or (iii) would be

entitled to a monthly insurance benefit under this subchapter if

medicare qualified government employment (as defined in section

410(p) of this title) were included within the meaning of the

term "employment" for purposes of this subchapter; or

(C) is the spouse or dependent child (as defined in

regulations) of an individual described in subparagraph (A) or

(B);

(2) is medically determined to have end stage renal disease;

and

(3) has filed an application for benefits under this section;

shall, in accordance with the succeeding provisions of this

section, be entitled to benefits under part A and eligible to

enroll under part B of subchapter XVIII of this chapter, subject to

the deductible, premium, and coinsurance provisions of that

subchapter.

(b) Duration of period of entitlement

Subject to subsection (c) of this section, entitlement of an

individual to benefits under part A and eligibility to enroll under

part B of subchapter XVIII of this chapter by reasons of this

section on the basis of end stage renal disease -

(1) shall begin with -

(A) the third month after the month in which a regular course

of renal dialysis is initiated, or

(B) the month in which such individual receives a kidney

transplant, or (if earlier) the first month in which such

individual is admitted as an inpatient to an institution which

is a hospital meeting the requirements of section 1395x(e) of

this title (and such additional requirements as the Secretary

may prescribe under section 1395rr(b) of this title for such

institutions) in preparation for or anticipation of kidney

transplantation, but only if such transplantation occurs in

that month or in either of the next two months,

whichever first occurs (but no earlier than one year preceding

the month of the filing of an application for benefits under this

section); and

(2) shall end, in the case of an individual who receives a

kidney transplant, with the thirty-sixth month after the month in

which such individual receives such transplant or, in the case of

an individual who has not received a kidney transplant and no

longer requires a regular course of dialysis, with the twelfth

month after the month in which such course of dialysis is

terminated.

(c) Individuals participating in self-care dialysis training

programs; kidney transplant failures; resumption of previously

terminated regular course of dialysis

Notwithstanding the provisions of subsection (b) of this section

-

(1) in the case of any individual who participates in a

self-care dialysis training program prior to the third month

after the month in which such individual initiates a regular

course of renal dialysis in a renal dialysis facility or provider

of services meeting the requirements of section 1395rr(b) of this

title, entitlement to benefits under part A and eligibility to

enroll under part B of subchapter XVIII of this chapter shall

begin with the month in which such regular course of renal

dialysis is initiated;

(2) in any case in which a kidney transplant fails (whether

during or after the thirty-six-month period specified in

subsection (b)(2) of this section) and as a result the individual

who received such transplant initiates or resumes a regular

course of renal dialysis, entitlement to benefits under part A

and eligibility to enroll under part B of subchapter XVIII of

this chapter shall begin with the month in which such course is

initiated or resumed; and

(3) in any case in which a regular course of renal dialysis is

resumed subsequent to the termination of an earlier course,

entitlement to benefits under part A and eligibility to enroll

under part B of subchapter XVIII of this chapter shall begin with

the month in which such regular course of renal dialysis is

resumed.

(c) (!1) Continuing eligibility of certain terminated individuals

For purposes of this section, each person whose monthly insurance

benefit for any month is terminated or is otherwise not payable

solely by reason of paragraph (1) or (7) of section 425(c) (!2) of

this title shall be treated as entitled to such benefit for such

month.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 226A, as added Pub. L.

95-292, Sec. 1(a), June 13, 1978, 92 Stat. 307; amended Pub. L.

97-248, title II, Sec. 278(b)(2)(C), Sept. 3, 1982, 96 Stat. 561;

Pub. L. 97-448, title III, Sec. 309(b)(1), Jan. 12, 1983, 96 Stat.

2408; Pub. L. 99-272, title XIII, Sec. 13205(b)(2)(B), Apr. 7,

1986, 100 Stat. 317; Pub. L. 103-296, title II, Sec.

201(a)(3)(D)(ii), Aug. 15, 1994, 108 Stat. 1497.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1974, referred to in subsec.

(a)(1)(A), (B), 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. For further details and

complete classification of this Act to the Code, see Codification

note set out preceding section 231 of Title 45, section 231t of

Title 45, and Tables.

Parts A and B of subchapter XVIII of this chapter, referred to in

text, are classified to sections 1395c et seq. and 1395j et seq.,

respectively, of this title.

Section 425(c) of this title, referred to in subsec. (c), was

repealed by Pub. L. 104-121, title I, Sec. 105(a)(4), Mar. 29,

1996, 110 Stat. 853.

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-296 added subsec. (c) relating to

continuing eligibility of certain terminated individuals.

1986 - Subsec. (a)(1)(A)(ii), (B)(iii). Pub. L. 99-272

substituted "medicare qualified government employment" for

"medicare qualified Federal employment".

1983 - Subsec. (a)(1)(B)(iii). Pub. L. 97-448 substituted

"section 410(p)" for "410(p)" and struck out "after December 31,

1982,".

1982 - Subsec. (a)(1)(A). Pub. L. 97-248 designated existing

provisions as cl. (i), substituted "within the meaning of the term

'employment' for purposes of this subchapter" for "in the term

'employment' as defined in this chapter", and added cl. (ii).

Subsec. (a)(1)(B). Pub. L. 97-248 designated "is entitled to

monthly insurance benefits under this subchapter" as cl. (i),

substituted "(ii) is entitled to an annuity under the Railroad

Retirement Act of 1974" for "or an annuity under the Railroad

Retirement Act of 1974", and added cl. (iii).

Subsec. (a)(1)(C), (D). Pub. L. 97-248 combined former subpars.

(C) and (D) into subpar. (C) and substituted a reference to

individuals described in subpar. (A) or (B) for a more detailed

definition of such individuals.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 applicable with respect to benefits

based on disability (as defined in section 425(c)(9) of this title)

which are otherwise payable in months beginning after 180 days

after Aug. 15, 1994, with Secretary of Health and Human Services to

issue regulations necessary to carry out such amendment not later

than 180 days after Aug. 15, 1994, see section 201(a)(3)(E)(i) of

Pub. L. 103-296, set out as an Effective Date of 1994 Amendment;

Sunset Provision note under section 425 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-272 effective after Mar. 31, 1986, with

no individual to be considered under disability for any period

beginning before Apr. 1, 1986, for purposes of hospital insurance

benefits, see section 13205(d)(2) of Pub. L. 99-272, set out as a

note under section 410 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 309(c)(2) of Pub. L. 97-448 provided that: "Any amendment

to the Social Security Act [this chapter] made by this section

[amending this section and sections 410, 1320c-2, 1320c-3, 1395d,

1395f, 1395r, 1395y, 1395cc, 1395mm, 1395ww, 1396b, 1396n, 1396o,

and 1396p of this title] shall be effective as if it had been

originally included as a part of that provision of the Social

Security Act to which it relates, as such provision of such Act was

amended or added by the Tax Equity and Fiscal Responsibility Act of

1982 [Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 324]."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by 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

Section effective with respect to services, supplies, and

equipment furnished after the third calendar month beginning after

June 13, 1978, except that provisions for the implementation of an

incentive reimbursement system for dialysis services furnished in

facilities and providers to become effective with respect to a

facility's or provider's first accounting period beginning after

the last day of the twelfth month following the month of June 1978,

and except that provisions for reimbursement rates for home

dialysis to become effective on Apr. 1, 1979, see section 6 of Pub.

L. 95-292, set out as an Effective Date of 1978 Amendment note

under section 426 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 410, 418, 1320a-7a,

1395c, 1395i-2a, 1395w-23, 1395y, 1395rr of this title; title 10

section 1086.

-FOOTNOTE-

(!1) So in original. Probably should be "(d)".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 426a 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. 426a. Transitional provision on eligibility of uninsured

individuals for hospital insurance benefits

-STATUTE-

(a) Entitlement to benefits

Anyone who -

(1) has attained the age of 65,

(2)(A) attained such age before 1968, or (B) has not less than

3 quarters of coverage (as defined in this subchapter or section

228e(l) of title 45), whenever acquired, for each calendar year

elapsing after 1966 and before the year in which he attained such

age,

(3) is not, and upon filing application for monthly insurance

benefits under section 402 of this title would not be, entitled

to hospital insurance benefits under section 426 of this title,

and is not certifiable as a qualified railroad retirement

beneficiary under section 228s-2 of title 45,

(4) is a resident of the United States (as defined in section

410(i) of this title), and is (A) a citizen of the United States

or (B) an alien lawfully admitted for permanent residence who has

resided in the United States (as so defined) continuously during

the 5 years immediately preceding the month in which he files

application under this section, and

(5) has filed an application under this section in such manner

and in accordance with such other requirements as may be

prescribed in regulations of the Secretary,

shall (subject to the limitations in this section) be deemed,

solely for purposes of section 426 of this title, to be entitled to

monthly insurance benefits under such section 402 for each month,

beginning with the first month in which he meets the requirements

of this subsection and ending with the month in which he dies, or,

if earlier, the month before the month in which he becomes (or upon

filing application for monthly insurance benefits under section 402

of this title would become) entitled to hospital insurance benefits

under section 426 of this title or becomes certifiable as a

qualified railroad retirement beneficiary. An individual who would

have met the preceding requirements of this subsection in any month

had he filed application under paragraph (5) hereof before the end

of such month shall be deemed to have met such requirements in such

month if he files such application before the end of the twelfth

month following such month. No application under this section which

is filed by an individual more than 3 months before the first month

in which he meets the requirements of paragraphs (1), (2), (3), and

(4) shall be accepted as an application for purposes of this

section.

(b) Persons ineligible

The provisions of subsection (a) of this section shall not apply

to any individual who -

(1) is, at the beginning of the first month in which he meets

the requirements of subsection (a), a member of any organization

referred to in section 410(a)(17) of this title,

(2) has, prior to the beginning of such first month, been

convicted of any offense listed in section 402(u) of this title,

or

(3)(A) at the beginning of such first month is covered by an

enrollment in a health benefits plan under chapter 89 of title 5,

(B) was so covered on February 16, 1965, or

(C) could have been so covered for such first month if he or

some other person had availed himself of opportunities to enroll

in a health benefits plan under such chapter and to continue such

enrollment (but this subparagraph shall not apply unless he or

such other person was a Federal employee at any time after

February 15, 1965).

Paragraph (3) shall not apply in the case of any individual for the

month (or any month thereafter) in which coverage under such a

health benefits plan ceases (or would have ceased if he had had

such coverage) by reason of his or some other person's separation

from Federal service, if he or such other person was not (or would

not have been) eligible to continue such coverage after such

separation.

(c) Authorization of appropriations

There are authorized to be appropriated to the Federal Hospital

Insurance Trust Fund (established by section 1395i of this title)

from time to time such sums as the Secretary deems necessary for

any fiscal year, on account of -

(1) payments made or to be made during such fiscal year from

such Trust Fund under part A of subchapter XVIII of this chapter

with respect to individuals who are entitled to hospital

insurance benefits under section 426 of this title solely by

reason of this section,

(2) the additional administrative expenses resulting or

expected to result therefrom, and

(3) any loss in interest to such Trust Fund resulting from the

payment of such amounts,

in order to place such Trust Fund in the same position at the end

of such fiscal year in which it would have been if the preceding

subsections of this section had not been enacted.

-SOURCE-

(Pub. L. 89-97, title I, Sec. 103, July 30, 1965, 79 Stat. 333;

Pub. L. 90-248, title I, Sec. 139, title IV, Sec. 403(h), Jan. 2,

1968, 81 Stat. 854, 932.)

-REFTEXT-

REFERENCES IN TEXT

Sections 228e(l) and 228s-2 of title 45, referred to in subsec.

(a)(2), (3), are references to sections 5(l) and 21 of the Railroad

Retirement Act of 1937. That Act was amended in its entirety and

completely revised by Pub. L. 93-445, Oct. 16, 1974, 88 Stat. 1305.

That Act, as thus amended and revised, was redesignated the

Railroad Retirement Act of 1974, and is classified generally to

subchapter IV (Sec. 231 et seq.) of chapter 9 of Title 45,

Railroads. Sections 228e and 228s-2 of title 45 are covered by

sections 231e and 231f of Title 45, respectively.

Part A of subchapter XVIII of this chapter, referred to in

subsec. (c)(1), is classified to section 1395c et seq. of this

title.

-COD-

CODIFICATION

Section was not enacted as part of the Social Security Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1968 - Subsec. (a)(2)(B). Pub. L. 90-248, Sec. 139, substituted

"1966" for "1965".

Subsec. (b)(3)(A), (C). Pub. L. 90-248, Sec. 403(h)(1), (2),

substituted "chapter 89 of title 5" and "such chapter" for "the

Federal Employees Health Benefits Act of 1959" and "such Act" in

subpars. (A) and (C), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426, 1395i-2, 1395ff of

this title.

-End-

-CITE-

42 USC Sec. 427 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. 427. Transitional insured status for purposes of old-age and

survivors benefits

-STATUTE-

(a) Determination of entitlement to benefits under section 402(a)

to (c) of this title

In the case of any individual who attains the age of 72 before

1969 but who does not meet the requirements of section 414(a) of

this title, the 6 quarters of coverage referred to in paragraph (1)

of section 414(a) of this title shall, instead, be 3 quarters of

coverage for purposes of determining entitlement of such individual

to benefits under section 402(a) of this title, and of the spouse

to benefits under section 402(b) or section 402(c) of this title,

but, in the case of such spouse, only if he or she attains the age

of 72 before 1969 and only with respect to spouse's insurance

benefits under section 402(b) or section 402(c) of this title for

and after the month in which he or she attains such age. For each

month before the month in which any such individual meets the

requirements of section 414(a) of this title, the amount of the

old-age insurance benefit shall, notwithstanding the provisions of

section 402(a) of this title, be the larger of $64.40 or the amount

most recently established in lieu thereof under section 415(i) of

this title and the amount of the spouse's insurance benefit of the

spouse shall, notwithstanding the provisions of section 402(b) or

section 402(c) of this title, be the larger of $32.20 or the amount

most recently established in lieu thereof under section 415(i) of

this title.

(b) Determination of entitlement to surviving spouse's benefits

under section 402(e) or (f) of this title

In the case of any individual who has died, who does not meet the

requirements of section 414(a) of this title, and whose surviving

spouse attains age 72 before 1969, the 6 quarters of coverage

referred to in paragraph (3) of section 414(a) of this title and in

paragraph (1) thereof shall, for purposes of determining the

entitlement to surviving spouse's insurance benefits under section

402(e) or section 402(f) of this title, instead be -

(1) 3 quarters of coverage if such surviving spouse attains the

age of 72 in or before 1966,

(2) 4 quarters of coverage if such surviving spouse attains the

age of 72 in 1967, or

(3) 5 quarters of coverage if such surviving spouse attains the

age of 72 in 1968.

The amount of the surviving spouse's insurance benefit for each

month shall, notwithstanding the provisions of section 402(e) or

section 402(f) of this title (and section 402(m) (!1) of this

title), be the larger of $64.40 or the amount most recently

established in lieu thereof under section 415(i) of this title.

(c) Deceased individual entitled to benefits by reason of

subsection (a) deemed to meet requirements of subsection (b)

In the case of any individual who becomes, or upon filing

application therefor would become, entitled to benefits under

section 402(a) of this title by reason of the application of

subsection (a) of this section, who dies, and whose surviving

spouse attains the age of 72 before 1969, such deceased individual

shall be deemed to meet the requirements of subsection (b) of this

section for purposes of determining entitlement of such surviving

spouse to surviving spouse's insurance benefits under section

402(e) or section 402(f) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 227, as added Pub. L.

89-97, title III, Sec. 309(a), July 30, 1965, 79 Stat. 379; amended

Pub. L. 90-248, title I, Sec. 102(a), Jan. 2, 1968, 81 Stat. 827;

Pub. L. 91-172, title X, Sec. 1003(a), Dec. 30, 1969, 83 Stat. 740;

Pub. L. 92-5, title II, Sec. 202(a), Mar. 17, 1971, 85 Stat. 10;

Pub. L. 92-336, title II, Sec. 201(g)(1), July 1, 1972, 86 Stat.

411; Pub. L. 92-603, title I, Sec. 104 (e), (f), Oct. 30, 1972, 86

Stat. 1340; Pub. L. 93-233, Sec. 2(b)(1), Dec. 31, 1973, 87 Stat.

952; Pub. L. 98-21, title III, Sec. 304(a), (b), Apr. 20, 1983, 97

Stat. 112.)

-REFTEXT-

REFERENCES IN TEXT

Section 402(m) of this title, referred to in subsec. (b), was

repealed by Pub. L. 97-35, title XXII, Sec. 2201(b)(10), Aug. 13,

1981, 95 Stat. 831.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-21, Sec. 304(a), substituted

"spouse" for "wife", "spouse's" for "wife's", and "he or she" for

"she", wherever appearing, substituted "the" for "his" after

"402(a) of this title, and of" and preceding "spouse" in two places

and preceding "old-age insurance", and inserted "or section 402(c)"

after "section 402(b)" wherever appearing.

Subsec. (b). Pub. L. 98-21, Sec. 304(b), substituted "surviving

spouse" for "widow" and "surviving spouse's" for "widow's" wherever

appearing, substituted "the" for "her" after "determining" and "The

amount of", and inserted "or section 402(f)" after "section 402(e)"

wherever appearing.

Subsec. (c). Pub. L. 98-21, Sec. 304(b)(1), (2), (4), substituted

"surviving spouse" for "widow" wherever appearing and "surviving

spouse's" for "widow's", and inserted "or section 402(f)" after

"section 402(e)".

1973 - Subsec. (a). Pub. L. 93-233, Sec. 2(b)(1), substituted

"the larger of $64.40 or the amount most recently established in

lieu thereof under section 415(i) of this title" for "$58.00" and

"the larger of $32.20 or the amount most recently established in

lieu thereof under section 415(i) of this title" for "$29.00".

Subsec. (b). Pub. L. 93-233, Sec. 2(b)(1), substituted "the

larger of $64.40 or the amount most recently established in lieu

thereof under section 415(i) of this title" for "$58.00".

1972 - Subsec. (a). Pub. L. 92-336, Sec. 201(g)(1)(A),

substituted "$58.00" for "$48.30" and "$29.00" for "$24.20".

Subsec. (a)(1). Pub. L. 92-603, Sec. 104(e), substituted

"paragraph (1) of section 414(a) of this title" for "so much of

paragraph (1) of section 414(a) of this title as follows clause

(C)".

Subsec. (b). Pub. L. 92-336, Sec. 201(g)(1)(B), substituted

"$58.00" for "$48.30".

Subsec. (b)(1). Pub. L. 92-603, Sec. 104(f), substituted

"paragraph (1) thereof" for "so much of paragraph (1) thereof as

follows clause (C)".

1971 - Subsec. (a). Pub. L. 92-5, Sec. 202(a)(1), substituted

"$48.30" for "$46" and "$24.20" for "$23".

Subsec. (b). Pub. L. 92-5, Sec. 202(a)(2), substituted "$48.30"

for "$46".

1969 - Subsec. (a). Pub. L. 91-172, Sec. 1003(a)(1), substituted

"$46" for "$40", and "$23" for "$20".

Subsec. (b). Pub. L. 91-172, Sec. 1003(a)(2), substituted "$46"

for "$40".

1968 - Subsec. (a). Pub. L. 90-248, Sec. 102(a)(1), substituted

"$40" for "$35" and "$20" for "$17.50".

Subsec. (b). Pub. L. 90-248, Sec. 102(a)(2), substituted "$40"

for "$35".

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2(b)(1) of Pub. L. 93-233 provided that the amendment

made by that section is effective June 1, 1974.

Amendment by Pub. L. 93-233 applicable with respect to monthly

benefits under this subchapter for months after May 1974, and with

respect to lump-sum death payments under section 402(i) of this

title, see section 2(c) of Pub. L. 93-233, set out as a note under

section 415 of this title.

EFFECTIVE DATE OF 1972 AMENDMENTS

Amendment by Pub. L. 92-603 applicable only in the case of a man

who attains (or would attain) age 62 after December 1974, see

section 104(j) of Pub. L. 92-603, set out as a note under section

414 of this title.

Amendment by Pub. L. 92-336 applicable with respect to monthly

benefits under subchapter II of this chapter for months after

August 1972, see section 201(i) of Pub. L. 92-336, set out as a

note under section 415 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 202(c) of Pub. L. 92-5 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

428 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."

EFFECTIVE DATE OF 1969 AMENDMENT

Section 1003(c) of Pub. L. 91-172 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

428 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."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 102(c) of Pub. L. 90-248 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

428 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."

EFFECTIVE DATE

Section 309(b) of Pub. L. 89-97 provided that: "The amendment

made by subsection (a) [enacting this section] shall apply in the

case of monthly benefits under title II of the Social Security Act

[this subchapter] for and after the second month following the

month [July 1965] in which this Act is enacted on the basis of

applications filed in or after the month in which this Act is

enacted."

REPEAL OF AMENDMENT OF SUBSECS. (A) AND (B) PRIOR TO EFFECTIVE DATE

Section 202(a)(4) of Pub. L. 92-336, title II, July 1, 1972, 86

Stat. 416, which, effective Jan. 1, 1975, substituted "the larger

of $58.00 or the amount most recently established in lieu thereof

under section 415(i) of this title" for "$58.00" and "the larger of

$29.00 or the amount most recently established in lieu thereof

under section 415(i) of this title" for "$29.00", was repealed

prior to its effective date by Pub. L. 93-233, Sec. 2(b)(2), Dec.

31, 1973, 87 Stat. 952, applicable with respect to monthly benefits

under this subchapter for months after May 1974, and with respect

to lump-sum death payments under section 402(i) of this title. See

section 2(c) of Pub. L. 93-233, set out as an Effective Date of

1973 Amendment note under section 415 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 428 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. 428. Benefits at age 72 for certain uninsured individuals

-STATUTE-

(a) Eligibility

Every individual who -

(1) has attained the age of 72,

(2)(A) attained such age before 1968, or (B)(i) attained such

age after 1967 and before 1972, and (ii) has not less than 3

quarters of coverage, whenever acquired, for each calendar year

elapsing after 1966 and before the year in which he or she

attained such age,

(3) is a resident of the United States (as defined in

subsection (e) of this section), and is (A) a citizen of the

United States or (B) an alien lawfully admitted for permanent

residence who has resided in the United States (as defined in

section 410(i) of this title) continuously during the 5 years

immediately preceding the month in which he or she files

application under this section, and

(4) has filed application for benefits under this section,

shall (subject to the limitations in this section) be entitled to a

benefit under this section for each month beginning with the first

month after September 1966 in which he or she becomes so entitled

to such benefits and ending with the month preceding the month in

which he or she dies. No application under this section which is

filed by an individual more than 3 months before the first month in

which he or she meets the requirements of paragraphs (1), (2), and

(3) shall be accepted as an application for purposes of this

section.

(b) Amount of benefits

The benefit amount to which an individual is entitled under this

section for any month shall be the larger of $64.40 or the amount

most recently established in lieu thereof under section 415(i) of

this title.

(c) Reduction for government pension system benefits

(1) The benefit amount of any individual under this section for

any month shall be reduced (but not below zero) by the amount of

any periodic benefit under a governmental pension system for which

he or she is eligible for such month.

(2) In the case of a husband and wife only one of whom is

entitled to benefits under this section for any month, the benefit

amount, after any reduction under paragraph (1), shall be further

reduced (but not below zero) by the excess (if any) of (A) the

total amount of any periodic benefits under governmental pension

systems for which the spouse who is not entitled to benefits under

this section is eligible for such month, over (B) the benefit

amount as determined without regard to this subsection.

(3) In the case of a husband or wife both of whom are entitled to

benefits under this section for any month, the benefit amount of

each spouse, after any reduction under paragraph (1), shall be

further reduced (but not below zero) by the excess (if any) of (A)

the total amount of any periodic benefits under governmental

pension systems for which the other spouse is eligible for such

month, over (B) the benefit amount of such other spouse as

determined without regard to this subsection.

(4) For purposes of this subsection, in determining whether an

individual is eligible for periodic benefits under a governmental

pension system -

(A) such individual shall be deemed to have filed application

for such benefits,

(B) to the extent that entitlement depends on an application by

such individual's spouse, such spouse shall be deemed to have

filed application, and

(C) to the extent that entitlement depends on such individual

or his or her spouse having retired, such individual and his or

her spouse shall be deemed to have retired before the month for

which the determination of eligibility is being made.

(5) For purposes of this subsection, if any periodic benefit is

payable on any basis other than a calendar month, the Commissioner

of Social Security shall allocate the amount of such benefit to the

appropriate calendar months.

(6) If, under the foregoing provisions of this section, the

amount payable for any month would be less than $1, such amount

shall be reduced to zero. In the case of a husband and wife both of

whom are entitled to benefits under this section for the month, the

preceding sentence shall be applied with respect to the aggregate

amount so payable for such month.

(7) If any benefit amount computed under the foregoing provisions

of this section is not a multiple of $0.10, it shall be raised to

the next higher multiple of $0.10.

(8) Under regulations prescribed by the Commissioner of Social

Security, benefit payments under this section to an individual (or

aggregate benefit payments under this section in the case of a

husband and wife) of less than $5 may be accumulated until they

equal or exceed $5.

(d) Suspension for months in which cash payments are made under

public assistance or in which supplemental security income

benefits are payable

The benefit to which any individual is entitled under this

section for any month shall not be paid for such month if -

(1) such individual receives aid or assistance in the form of

money payments in such month under a State plan approved under

subchapter I, X, XIV, or XVI of this chapter, or under a State

program funded under part A of subchapter IV of this chapter, or

(2) such individual's husband or wife receives such aid or

assistance in such month, and under the State plan the needs of

such individual were taken into account in determining

eligibility for (or amount of) such aid or assistance,

unless the State agency administering or supervising the

administration of such plan notifies the Commissioner of Social

Security, at such time and in such manner as may be prescribed in

accordance with regulations of the Commissioner of Social Security,

that such payments to such individual (or such individual's husband

or wife) under such plan are being terminated with the payment or

payments made in such month and such individual is not an

individual with respect to whom supplemental security income

benefits are payable pursuant to subchapter XVI of this chapter or

section 211 of Public Law 93-66 for the following month, nor shall

such benefit be paid for such month if such individual is an

individual with respect to whom supplemental security income

benefits are payable pursuant to subchapter XVI of this chapter or

section 211 of Public Law 93-66 for such month, unless the

Commissioner of Social Security determines that such benefits are

not payable with respect to such individual for the month following

such month.

(e) Suspension where individual is residing outside United States

The benefit to which any individual is entitled under this

section for any month shall not be paid if, during such month, such

individual is not a resident of the United States. For purposes of

this subsection, the term "United States" means the 50 States and

the District of Columbia.

(f) Treatment as monthly insurance benefits

For purposes of subsections (t) and (u) of section 402 of this

title, and of section 1395s of this title, a monthly benefit under

this section shall be treated as a monthly insurance benefit

payable under section 402 of this title.

(g) Annual reimbursement of Federal Old-Age and Survivors Insurance

Trust Fund

There are authorized to be appropriated to the Federal Old-Age

and Survivors Insurance Trust Fund for the fiscal year ending June

30, 1969, and for each fiscal year thereafter, such sums as the

Commissioner of Social Security deems necessary on account of -

(1) payments made under this section during the second

preceding fiscal year and all fiscal years prior thereto to

individuals who, as of the beginning of the calendar year in

which falls the month for which payment was made, had less than 3

quarters of coverage,

(2) the additional administrative expenses resulting from the

payments described in paragraph (1), and

(3) any loss in interest to such Trust Fund resulting from such

payments and expenses,

in order to place such Trust Fund in the same position at the end

of such fiscal year as it would have been in if such payments had

not been made.

(h) Definitions

For purposes of this section -

(1) The term "quarter of coverage" includes a quarter of

coverage as defined in section 228e(l) of title 45.

(2) The term "governmental pension system" means the insurance

system established by this subchapter or any other system or fund

established by the United States, a State, any political

subdivision of a State, or any wholly owned instrumentality of

any one or more of the foregoing which provides for payment of

(A) pensions, (B) retirement or retired pay, or (C) annuities or

similar amounts payable on account of personal services performed

by any individual (not including any payment under any workmen's

compensation law or any payment by the Secretary of Veterans

Affairs as compensation for service-connected disability or

death).

(3) The term "periodic benefit" includes a benefit payable in a

lump sum if it is a commutation of, or a substitute for, periodic

payments.

(4) The determination of whether an individual is a husband or

wife for any month shall be made under subsection (h) of section

416 of this title without regard to subsections (b) and (f) of

section 416 of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 228, as added Pub. L.

89-368, title III, Sec. 302(a), Mar. 15, 1966, 80 Stat. 67; amended

Pub. L. 90-248, title I, Sec. 102(b), title II, Sec. 241(a) Jan. 2,

1968, 81 Stat. 827, 916; Pub. L. 91-172, title X, Sec. 1003(b),

Dec. 30, 1969, 83 Stat. 740; Pub. L. 92-5, title II, Sec. 202(b),

Mar. 17, 1971, 85 Stat. 10; Pub. L. 92-336, title II, Sec.

201(g)(2), July 1, 1972, 86 Stat. 411; Pub. L. 93-233, Secs.

2(b)(1), 18(c), Dec. 31, 1973, 87 Stat. 952, 968; Pub. L. 98-21,

title III, Sec. 305(a)-(d), Apr. 20, 1983, 97 Stat. 113; Pub. L.

98-369, div. B, title VI, Secs. 2662(e), 2663(j)(3)(A)(iv), July

18, 1984, 98 Stat. 1159, 1170; Pub. L. 101-508, title V, Sec.

5114(a), Nov. 5, 1990, 104 Stat. 1388-273; Pub. L. 102-54, Sec.

13(q)(3)(B)(i), June 13, 1991, 105 Stat. 279; Pub. L. 103-296,

title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478; Pub. L.

104-193, title I, Sec. 108(a)(2), Aug. 22, 1996, 110 Stat. 2165.)

-REFTEXT-

REFERENCES IN TEXT

Part A of subchapter IV of this chapter, referred to in subsec.

(d)(1), is classified to section 601 et seq. of this title.

Section 211 of Pub. L. 93-66, referred to in subsec. (d), is set

out as a note under section 1382 of this title.

Section 228e(l) of title 45, referred to in subsec. (h)(1), is a

reference to section 5(l) of the Railroad Retirement Act of 1937.

That Act was amended in its entirety and completely revised by Pub.

L. 93-445, Oct. 16, 1974, 88 Stat. 1305. The Act, as thus amended

and revised, was redesignated the Railroad Retirement Act of 1974,

and is classified generally to subchapter IV (Sec. 231 et seq.) of

chapter 9 of Title 45, Railroads. Section 228e of title 45 is

covered by section 231e of Title 45.

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-193 inserted "under a State

program funded under" before "part A of subchapter IV of this

chapter".

1994 - Subsecs. (c)(5), (8), (d), (g). Pub. L. 103-296

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

1991 - Subsec. (h)(2). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Veterans' Administration".

1990 - Subsec. (a)(2). Pub. L. 101-508 substituted "(B)(i)

attained such age after 1967 and before 1972, and (ii)" for "(B)".

1984 - Subsec. (c)(4)(C). Pub. L. 98-369, Sec. 2662(e), amended

directory language of Pub. L. 98-21, Sec. 305(d)(2). See 1983

Amendment note below.

Subsec. (g). Pub. L. 98-369, Sec. 2663(j)(3)(A)(iv), struck out

"of Health, Education, and Welfare" after "Secretary".

1983 - Subsec. (a). Pub. L. 98-21, Sec. 305(d)(1), substituted

"he or she" for "he" wherever appearing.

Subsec. (b). Pub. L. 98-21, Sec. 305(a), substituted "The" for

"(1) Except as provided in paragraph (2), the" and struck out par.

(2), which had provided that if both husband and wife were entitled

or would have been entitled upon application to benefits under this

section for any month, the amount of the husband's benefit for such

month would be the larger of $64.40 or the amount most recently

established in lieu thereof under section 415(i) of this title, and

the amount of the wife's benefit for such month the larger of

$32.20 or the amount most recently established in lieu thereof

under section 415(i) of this title.

Subsec. (c)(1). Pub. L. 98-21, Sec. 305(d)(1), substituted "he or

she" for "he".

Subsec. (c)(2). Pub. L. 98-21, Sec. 305(b), substituted "(B) the

benefit amount as determined without regard to this subsection" for

"(B) the larger of $32.20 or the amount most recently established

in lieu thereof under section 415(i) of this title".

Subsec. (c)(3). Pub. L. 98-21, Sec. 305(c), amended par. (3)

generally, substituting provisions relating to either a husband or

wife for provision that the benefit amount of the wife, after any

reduction under paragraph (1), would be further reduced (but not

below zero) by the excess (if any) of (i) the total amount of any

periodic benefits under governmental pension systems for which the

husband was eligible for such month, over (ii) the larger of $64.40

or the amount most recently established in lieu thereof under

section 415(i) of this title, and that the benefit amount of the

husband, after any reduction under paragraph (1), would be further

reduced (but not below zero) by the excess (if any) of (i) the

total amount of any periodic benefits under governmental pension

systems for which the wife was eligible for such month, over (ii)

the larger of $32.20 or the amount most recently established in

lieu thereof under section 415(i) of this title.

Subsec. (c)(4)(C). Pub. L. 98-21, Sec. 305(d)(2), as amended by

Pub. L. 98-369, Sec. 2662(e), substituted "his or her" for "his"

wherever appearing.

1973 - Subsec. (b). Pub. L. 93-233, Sec. 2(b)(1), substituted

"the larger of $64.40 or the amount most recently established in

lieu thereof under section 415(i) of this title" for "$58.00" in

pars. (1) and (2) and "the larger of $32.20 or the amount most

recently established in lieu thereof under section 415(i) of this

title" for "$29.00" in par. (2).

Subsec. (c). Pub. L. 93-233, Sec. 2(b)(1), substituted "the

larger of $64.40 or the amount most recently established in lieu

thereof under section 415(i) of this title" for "$58.00" in par.

(3), subpar. (A) and "the larger of $32.20 or the amount most

recently established in lieu thereof under section 415(i) of this

title" for "$29.00" in par. (2) and par. (3) subpar. (B).

Subsec. (d). Pub. L. 93-233, Sec. 18(c) provided for elimination

of benefits at age 72 for uninsured individuals receiving

supplemental security income benefits.

1972 - Subsec. (b)(1). Pub. L. 92-336, Sec. 201(g)(2)(A),

substituted "$58.00" for "$48.30".

Subsec. (b)(2). Pub. L. 92-336, Sec. 201(g)(2)(B), substituted

"$58.00" for "$48.30" and "$29.00" for "$24.20".

Subsec. (c)(2). Pub. L. 92-336, Sec. 201(g)(2)(C), substituted

"$29.00" for "$24.20".

Subsec. (c)(3)(A). Pub. L. 92-336, Sec. 201(g)(2)(D), substituted

"$58.00" for "$48.30".

Subsec. (c)(3)(B). Pub. L. 92-336, Sec. 201(g)(2)(E), substituted

"$29.00" for "$24.20".

1971 - Subsec. (b)(1). Pub. L. 92-5, Sec. 202(b)(1), substituted

"$48.30" for "$46".

Subsec. (b)(2). Pub. L. 92-5, Sec. 202(b)(2), substituted

"$48.30" for "$46" and "$24.20" for "$23".

Subsec. (c)(2). Pub. L. 92-5, Sec. 202(b)(3), substituted

"$24.20" for "$23".

Subsec. (c)(3)(A). Pub. L. 92-5, Sec. 202(b)(4), substituted

"$48.30" for "$46".

Subsec. (c)(3)(B). Pub. L. 92-5, Sec. 202(b)(5), substituted

"$24.20" for "$23".

1969 - Subsec. (b)(1). Pub. L. 91-172, Sec. 1003(b)(1),

substituted "$46" for "$40".

Subsec. (b)(2). Pub. L. 91-172, Sec. 1003(b)(2), substituted

"$46" for "$40" and "$23" for "$20".

Subsec. (c)(2). Pub. L. 91-172, Sec. 1003(b)(3), substituted

"$23" for "$20".

Subsec. (c)(3)(A). Pub. L. 91-172, Sec. 1003(b)(4), substituted

"$46" for "$40".

Subsec. (c)(3)(B). Pub. L. 91-172, Sec. 1003(b)(5), substituted

"$23" for "$20".

1968 - Subsec. (b)(1). Pub. L. 90-248, Sec. 102(b)(1),

substituted "$40" for "$35".

Subsec. (b)(2). Pub. L. 90-248, Sec. 102(b)(2), substituted "$40"

for "$35" and "$20" for $17.50".

Subsec. (c)(2). Pub. L. 90-248, Sec. 102(b)(3), substituted "$20"

for "$17.50".

Subsec. (c)(3)(A). Pub. L. 90-248, Sec. 102(b)(4), substituted

"$40" for "$35".

Subsec. (c)(3)(B). Pub. L. 90-248, Sec. 102(b)(5), substituted

"$20" for "$17.50".

Subsec. (d)(1). Pub. L. 90-248, Sec. 241(a), struck out "IV,"

after "I," and inserted "or part A of subchapter IV of this

chapter," after "XVI of this chapter,".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

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 1990 AMENDMENT

Section 5114(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect [to] benefits payable on the basis of applications filed

after the date of the enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 2662(e) 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(j)(3)(A)(iv) 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 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.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2(b)(1) of Pub. L. 93-233 provided that the amendment

made by that section is effective June 1, 1974.

Amendment by section 2(b)(1) of Pub. L. 93-233 applicable with

respect to monthly benefits under this subchapter for months after

May 1974, and with respect to lump-sum death payments under section

402(i) of this title, see section 2(c) of Pub. L. 93-233, set out

as a note under section 415 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-336 applicable with respect to monthly

benefits under subchapter II of this chapter for months after

August 1972, see section 201(i) of Pub. L. 92-336, set out as a

note under section 415 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-5 applicable with respect to monthly

benefits under subchapter II of this chapter for months after

December 1970, see section 202(c) of Pub. L. 92-5, set out as a

note under section 427 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 applicable for months after December

1969, see section 1003(c) of Pub. L. 91-172, set out as a note

under section 427 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 102(b) of Pub. L. 90-248 applicable with

respect to monthly benefits under this subchapter for months after

January 1968, see section 102(c) of Pub. L. 90-248, set out as a

note under section 427 of this title.

REPEAL OF AMENDMENT OF SUBSECS. (B)(1), (2) AND (C)(3)(A), (B)

PRIOR TO EFFECTIVE DATE

Section 202(a)(4) of Pub. L. 92-336, title II, July 1, 1972, 86

Stat. 416, which, effective Jan. 1, 1975, substituted "the larger

of $58.00 or the amount most recently established in lieu thereof

under section 415(i) of this title" for "$58.00" and "the larger of

$29.00 or the amount most recently established in lieu thereof

under section 415(i) of this title" for "$29.00", was repealed

prior to its effective date by Pub. L. 93-233, Sec. 2(b)(2), Dec.

31, 1973, 87 Stat. 952, applicable with respect to monthly benefits

under this subchapter for months after May 1974, and with respect

to lump-sum death payments under section 402(i) of this title. See

section 2(c) of Pub. L. 93-233, set out as an Effective Date of

1973 Amendment note under section 415 of this title.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 56593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

INCREASES TO TAKE INTO ACCOUNT GENERAL BENEFIT INCREASES

Section 305(e) of Pub. L. 98-21 provided that: "The Secretary

shall increase the amounts specified in section 228 of the Social

Security Act [this section], as amended by this section, to take

into account any general benefit increases (as referred to in

section 215(i)(3) of such Act [section 415(i)(3) of this title]),

and any increases under section 215(i) of such Act, which have

occurred after June 1974 or may hereafter occur."

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Special payment of $50 as soon as practicable after Mar. 29,

1975, by Secretary of the Treasury to each individual who, for

month of March 1975, was entitled to a monthly insurance benefit

payable under this subchapter, see section 702 of Pub. L. 94-12,

set out as a note under section 402 of this title.

APPLICATIONS FOR TRANSITIONAL COVERAGE OF UNINSURED INDIVIDUALS FOR

HOSPITAL INSURANCE BENEFITS

Section 302(b) of Pub. L. 89-368 provided that: "For purposes of

paragraph (4) of section 228(a) of the Social Security Act [subsec.

(a)(4) of this section] (added by subsection (a) of this section),

an application filed under section 103 of the Social Security

Amendments of 1965 [set out as a note under section 426 of this

title] before July 1966 shall be regarded as an application under

such section 228 [this section] and shall, for purposes of such

paragraph and of the last sentence of such section 228(a), be

deemed to have been filed in July 1966, unless the person by whom

or on whose behalf such application was filed notifies the

Secretary that he does not want such application so regarded."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 415, 659, 1320b-1 of

this title; title 48 section 1421q.

-End-

-CITE-

42 USC Sec. 429 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. 429. Benefits in case of members of uniformed services

-STATUTE-

(a) For purposes of determining entitlement to and the amount of

any monthly benefit for any month after December 1972, or

entitlement to and the amount of any lump-sum death payment in case

of a death after such month, payable under this subchapter on the

basis of the wages and self-employment income of any individual,

and for purposes of section 416(i)(3) of this title, such

individual, if he was paid wages for service as a member of a

uniformed service (as defined in section 410(m) of this title)

which was included in the term "employment" as defined in section

410(a) of this title as a result of the provisions of section

410(l)(1)(A) of this title, shall be deemed to have been paid -

(1) in each calendar quarter occurring after 1956 and before

1978 in which he was paid such wages, additional wages of $300,

and

(2) in each calendar year occurring after 1977 in which he was

paid such wages, additional wages of $100 for each $300 of such

wages, up to a maximum of $1,200 of additional wages for any

calendar year.

(b) There are authorized to be appropriated to each of the Trust

Funds, consisting of the Federal Old-Age and Survivors Insurance

Trust Fund, the Federal Disability Insurance Trust Fund, and the

Federal Hospital Insurance Trust Fund, for transfer on July 1 of

each calendar year to such Trust Fund from amounts in the general

fund in the Treasury not otherwise appropriated, an amount equal to

the total of the additional amounts which would be appropriated to

such Trust Fund for the fiscal year ending September 30 of such

calendar year under section 401 or 1395i of this title if the

amounts of the additional wages deemed to have been paid for such

calendar year by reason of subsection (a) of this section

constituted remuneration for employment (as defined in section

3121(b) of the Internal Revenue Code of 1986) for purposes of the

taxes imposed by sections 3101 and 3111 of the Internal Revenue

Code of 1986. Amounts authorized to be appropriated under this

subsection for transfer on July 1 of each calendar year shall be

determined on the basis of estimates of the Commissioner of Social

Security of the wages deemed to be paid for such calendar year

under subsection (a) of this section; and proper adjustments shall

be made in amounts authorized to be appropriated for subsequent

transfer to the extent prior estimates were in excess of or were

less than such wages so deemed to be paid. Additional adjustments

may be made in the amounts so authorized to be appropriated to the

extent that the amounts transferred in accordance with clauses (i)

and (ii) of section 151(b)(3)(B) of the Social Security Amendments

of 1983 with respect to wages deemed to have been paid in 1983 were

in excess of or were less than the amount which the Commissioner of

Social Security, on the basis of appropriate data, determines

should have been so transferred.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 229, as added Pub. L.

90-428, title I, Sec. 106, Jan. 2, 1968, 81 Stat. 833; amended Pub.

L. 92-603, title I, Sec. 120(a), Oct. 30, 1972, 86 Stat. 1352; Pub.

L. 95-216, title III, Sec. 353(d), Dec. 20, 1977, 91 Stat. 1554;

Pub. L. 98-21, title I, Sec. 151(b)(1), Apr. 20, 1983, 97 Stat.

104; Pub. L. 98-369, div. B, title VI, Sec. 2661(n), July 18, 1984,

98 Stat. 1158; Pub. L. 100-203, title IX, Sec. 9001(c), Dec. 22,

1987, 101 Stat. 1330-286; Pub. L. 103-296, title I, Sec. 107(a)(4),

title III, Sec. 321(c)(6)(J), Aug. 15, 1994, 108 Stat. 1478, 1538.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (b), is

classified generally to Title 26, Internal Revenue Code.

Section 151(b)(3)(B) of the Social Security Amendments of 1983,

referred to in subsec. (b), is section 151(b)(3)(B) of Pub. L.

98-21, which is set out as a note below.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-296, Sec. 321(c)(6)(J),

substituted "1986" for "1954" after "Code of" in two places.

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

Social Security" for "Secretary" in two places.

1987 - Subsec. (a). Pub. L. 100-203 substituted "section

410(l)(1)(A)" for "section 410(l)".

1984 - Subsec. (b). Pub. L. 98-369 inserted at end "Additional

adjustments may be made in the amounts so authorized to be

appropriated to the extent that the amounts transferred in

accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the

Social Security Amendments of 1983 with respect to wages deemed to

have been paid in 1983 were in excess of or were less than the

amount which the Secretary, on the basis of appropriate data,

determines should have been so transferred."

1983 - Subsec. (b). Pub. L. 98-21 amended subsec. (b) generally,

substituting provisions relating to authorization of appropriations

to each of the Trust Funds for transfer on July 1 of each calendar

year for provision that had authorized appropriations to the

Federal Old-Age and Survivors Insurance Trust Fund, the Federal

Disability Insurance Trust Fund, and the Federal Hospital Insurance

Trust Fund annually, as benefits under this subchapter and part A

of subchapter XVIII of this chapter were paid after December 1967,

such sums as the Secretary determined to be necessary to meet (1)

the additional costs, resulting from subsec. (a), of such benefits

(including lump-sum death payments), (2) the additional

administrative expenses resulting therefrom, and (3) any loss in

interest to such trust funds resulting from the payment of such

amounts, and that such additional costs would be determined after

any increases in such benefits arising from the application of

section 417 of this title had been made.

1977 - Subsec. (a). Pub. L. 95-216 substituted provisions

relating to applicability of benefits for wages deemed to have been

paid in each calendar quarter occurring after 1956 and before 1978

and provisions relating to applicability of benefits for wages

deemed to have been paid in each calendar quarter occurring after

1977, for provisions relating to applicability of benefits for

wages deemed to have been paid in each calendar quarter occurring

after 1956.

1972 - Subsec. (a). Pub. L. 92-603 substituted "December 1972"

for "December 1967" and "after 1956" for "after 1967" and struck

out provisions limiting the wages deemed to have been paid an

individual in addition to the wages actually paid him for his

service to $100 if the wages actually paid to him in a quarter were

$100 or less or to $200 if the wages actually paid to him in a

quarter were more than $100 but not more than $200.

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 1987 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 151(b)(2) of Pub. L. 98-21 provided that: "The amendment

made by paragraph (1) [amending this section] shall be effective

with respect to wages deemed to have been paid for calendar years

after 1983."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 effective Jan. 1, 1978, see section

353(g) of Pub. L. 95-216, set out as a note under section 418 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 120(b) of Pub. L. 92-603 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months after December 1972 and with

respect to lump-sum death payments under such title in the case of

deaths occurring after December 1972 except that, in the case of

any individual who is entitled, on the basis of the wages and

self-employment income of any individual to whom section 229 of

such Act [this section] applies, to monthly benefits under title II

of such Act for the month in which this Act is enacted [October

1972], such amendments shall apply (1) only if a written request

for a recalculation of such benefits (by reason of such amendments)

under the provisions of section 215(b) and (d) of such Act [section

415(b) and (d) of this title], as in effect at the time such

request is filed, is filed by such individual, or any other

individual, entitled to benefits under such title II on the basis

of such wages and self-employment income, and (2) only with respect

to such benefits for months beginning with whichever of the

following is later: January 1973 or the twelfth month before the

month in which such request was filed. Recalculations of benefits

as required to carry out the provisions of this section shall be

made notwithstanding the provisions of section 215(f)(1) of the

Social Security Act, and no such recalculation shall be regarded as

a recomputation for purposes of section 215(f) of such Act."

PAYMENT OF WAGES AFTER 2001

Pub. L. 107-117, div. A, title VIII, Sec. 8134, Jan. 10, 2002,

115 Stat. 2278, provided that: "Notwithstanding section 229(a) of

the Social Security Act [subsec. (a) of this section], no wages

shall be deemed to have been paid to any individual pursuant to

that section in any calendar year after 2001."

COMPENSATORY PAYMENTS TO TRUST FUNDS

Section 151(b)(3) of Pub. L. 98-21, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(A) Within thirty days after the date of the enactment of this

Act [Apr. 20, 1983], the Secretary of Health and Human Services

shall determine the additional amounts which would have been

appropriated to the Federal Old-Age and Survivors Insurance Trust

Fund, the Federal Disability Insurance Trust Fund, and the Federal

Hospital Insurance Trust Fund under sections 201 and 1817 of the

Social Security Act [sections 401 and 1395i of this title] if the

additional wages deemed to have been paid under section 229(a) of

the Social Security Act [subsec. (a) of this section] prior to 1984

had constituted remuneration for employment (as defined in section

3121(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]

[26 U.S.C. 3121(b)]) for purposes of the taxes imposed by sections

3101 and 3111 of the Internal Revenue Code of 1986 [26 U.S.C. 3101,

3111], and the amount of interest which would have been earned on

such amounts if they had been so appropriated.

"(B)(i) Within thirty days after the date of the enactment of

this Act [Apr. 20, 1983], the Secretary of the Treasury shall

transfer to each such Trust Fund, from amounts in the general fund

of the Treasury not otherwise appropriated, an amount equal to the

amount determined with respect to such Trust Fund under

subparagraph (A), less any amount appropriated to such Trust Fund

pursuant to the provisions of section 229(b) of the Social Security

Act [subsec. (b) of this section] prior to the date of the

determination made under subparagraph (A) with respect to wages

deemed to have been paid for calendar years prior to 1984.

"(ii) The Secretary of Health and Human Services shall revise the

amount determined under clause (i) with respect to each such Trust

Fund within one year after the date of the transfer made to such

Trust Fund under clause (i), as determined appropriate by such

Secretary from data which becomes available to him after the date

of the transfer under clause (i). Within 30 days after any such

revision, the Secretary of the Treasury shall transfer to such

Trust Fund, from amounts in the general fund of the Treasury not

otherwise appropriated, or from such Trust Fund to the general fund

of the Treasury, such amounts as the Secretary of Health and Human

Services certifies as necessary to take into account such

revision."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415 of this title; title

38 section 5303A; title 50 section 2082.

-End-

-CITE-

42 USC Sec. 430 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. 430. Adjustment of contribution and benefit base

-STATUTE-

(a) Determination and publication by Commissioner in Federal

Register subsequent to cost-of-living benefit increase; effective

date

Whenever the Commissioner of Social Security pursuant to section

415(i) of this title increases benefits effective with the December

following a cost-of-living computation quarter, the Commissioner

shall also determine and publish in the Federal Register on or

before November 1 of the calendar year in which such quarter occurs

the contribution and benefit base determined under subsection (b)

or (c) of this section which shall be effective with respect to

remuneration paid after the calendar year in which such quarter

occurs and taxable years beginning after such year.

(b) Determination of amount

The amount of such contribution and benefit base shall (subject

to subsection (c) of this section) be the amount of the

contribution and benefit base in effect in the year in which the

determination is made or, if larger, the product of -

(1) $60,600, and

(2) the ratio of (A) the national average wage index (as

defined in section 409(k)(1) of this title) for the calendar year

before the calendar year in which the determination under

subsection (a) of this section is made to (B) the national

average wage index (as so defined) for 1992,

with such product, if not a multiple of $300, being rounded to the

next higher multiple of $300 where such product is a multiple of

$150 but not of $300 and to the nearest multiple of $300 in any

other case.

(c) Amount of base for period prior to initial cost-of-living

benefit increase

For purposes of this section, and for purposes of determining

wages and self-employment income under sections 409, 411, 413, and

415 of this title and sections 1402, 3121, 3122, 3125, 6413, and

6654 of the Internal Revenue Code of 1986, (1) the "contribution

and benefit base" with respect to remuneration paid in (and taxable

years beginning in) any calendar year after 1973 and prior to the

calendar year with the June of which the first increase in benefits

pursuant to section 415(i) of this title becomes effective shall be

$13,200 or (if applicable) such other amount as may be specified in

a law enacted subsequent to the law which added this section, and

(2) the "contribution and benefit base" with respect to

remuneration paid (and taxable years beginning) -

(A) in 1978 shall be $17,700,

(B) in 1979 shall be $22,900,

(C) in 1980 shall be $25,900, and

(D) in 1981 shall be $29,700.

For purposes of determining under subsection (b) of this section

the "contribution and benefit base" with respect to remuneration

paid (and taxable years beginning) in 1982 and subsequent years,

the dollar amounts specified in clause (2) of the preceding

sentence shall be considered to have resulted from the application

of such subsection (b) of this section and to be the amount

determined (with respect to the years involved) under that

subsection.

(d) Determinations for calendar years after 1976 for purposes of

retirement benefit plans

Notwithstanding any other provision of law, the contribution and

benefit base determined under this section for any calendar year

after 1976 for purposes of section 1322(b)(3)(B) of title 29, with

respect to any plan, shall be the contribution and benefit base

that would have been determined for such year if this section as in

effect immediately prior to the enactment of the Social Security

Amendments of 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).

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 230, as added Pub. L.

92-336, title II, Sec. 202(b)(1), July 1, 1972, 86 Stat. 416;

amended Pub. L. 92-603, title I, Sec. 144(a)(4), Oct. 30, 1972, 86

Stat. 1370; Pub. L. 93-66, title II, Sec. 203(c), July 9, 1973, 87

Stat. 153; Pub. L. 93-233, Secs. 3(j), 5(c), Dec. 31, 1973, 87

Stat. 952, 954; Pub. L. 94-202, Sec. 8(h), Jan. 2, 1976, 89 Stat.

1139; Pub. L. 95-216, title I, Sec. 103(a)-(c)(1), title III, Sec.

353(e), Dec. 20, 1977, 91 Stat. 1513, 1514, 1554; Pub. L. 97-34,

title VII, Sec. 741(d)(1), Aug. 13, 1981, 95 Stat. 347; Pub. L.

98-21, title I, Sec. 111(a)(5), Apr. 20, 1983, 97 Stat. 72; Pub. L.

98-76, title II, Secs. 211(d), 225(a)(4), Aug. 12, 1983, 97 Stat.

419, 425; Pub. L. 98-369, div. B, title VI, Sec. 2663(a)(18), July

18, 1984, 98 Stat. 1165; Pub. L. 101-239, title X, Sec.

10208(b)(1)(A), (B), (5), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat.

2477, 2478, 2480; Pub. L. 103-296, title I, Sec. 107(a)(4), title

III, Sec. 321(b)(2), (c)(6)(K), (g)(1)(A), (B), Aug. 15, 1994, 108

Stat. 1478, 1537, 1538, 1542.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c), is

classified generally to Title 26, Internal Revenue Code.

"Subsequent to the law which added this section", referred to in

subsec. (c), means subsequent to the enactment of Pub. L. 92-336,

which was approved July 1, 1972.

The enactment of the Social Security Amendments of 1977, referred

to in subsec. (d), means the enactment of Pub. L. 95-216, which was

approved Dec. 20, 1977.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and "the

Commissioner shall" for "he shall".

Subsec. (b)(1), (2). Pub. L. 103-296, Sec. 321(g)(1)(A), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

"(1) the contribution and benefit base which is in effect with

respect to remuneration paid in (and taxable years beginning in)

the calendar year in which the determination under subsection (a)

of this section is made, and

"(2) the ratio of (A) the deemed average total wages (as defined

in section 409(k)(1) of this title) for the calendar year before

the calendar year in which the determination under subsection (a)

of this section is made to (B) the deemed average total wages (as

so defined) for the calendar year before the most recent calendar

year in which an increase in the contribution and benefit base was

enacted or a determination resulting in such an increase was made

under subsection (a) of this section,".

Subsec. (b)(2)(A), (B). Pub. L. 103-296, Sec. 321(b)(2), made

technical correction to directory language of Pub. L. 101-239, Sec.

10208(b)(1). See 1989 Amendment note below.

Subsec. (c). Pub. L. 103-296, Sec. 321(c)(6)(K), substituted

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

Subsec. (d). Pub. L. 103-296, Sec. 321(g)(1)(B), at end

substituted parenthetical provisions beginning with "(except that"

and ending with "reference to 1992)." for former parenthetical

provisions which read as follows: "(except that, for purposes of

subsection (b)(2)(A) of this section 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 wage (within the meaning of

section 409(k)(1) of this title) for such calendar year)."

1989 - Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 10208(b)(1)(A),

as amended by Pub. L. 103-296, Sec. 321(b)(2), 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)(2)(B). Pub. L. 101-239, Sec. 10208(b)(1)(B), as

amended by Pub. L. 103-296, Sec. 321(b)(2), 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. (d). Pub. L. 101-239, Sec. 10208(b)(5), substituted

"change (except that, for purposes of subsection (b)(2)(A) of this

section 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 wage (within the meaning of section 409(k)(1)

of this title) for such calendar year)" for "change".

1984 - Subsec. (c). Pub. L. 98-369, in last sentence which was

repealed by Pub. L. 98-76, substituted "3(a) or 3(f)(3)" for "3(a)

or (3)(f)(3)" in the original, which had been translated as

"section 231b(a) or (f)(3) of title 45".

1983 - Subsec. (a). Pub. L. 98-21 substituted "December" for

"June".

Subsec. (c). Pub. L. 98-76, Sec. 225(a)(4), struck out provision

that for purposes of determining employee and employer tax

liability under sections 3201(a) and 3221(a) of the Internal

Revenue Code of 1954, for purposes of determining the portion of

the employee representative tax liability under section 3211(a) of

such Code which resulted from the application of the 12.75 percent

rate specified therein, and for purposes of computing average

monthly compensation under section 231b(j) of title 45, except with

respect to annuity amounts determined under section 231b(a) or

(f)(3) of title 45, clause (2) and the preceding sentence of this

subsection shall be disregarded.

Pub. L. 98-76, Sec. 211(d), temporarily substituted "12.75

percent" for "11.75 percent". See Effective and Termination Dates

of 1983 Amendments note below.

1981 - Subsec. (c). Pub. L. 97-34 substituted in last sentence

"employee and employer" for "employer", "sections 3201(a) and

3221(a)" for "section 3221(a)", and "11.75" for "9.5".

1977 - Subsec. (a). Pub. L. 95-216, Sec. 103(a)(1), substituted

"determined under subsection (b) or (c) of this section" for

"determined under subsection (b) of this section".

Subsec. (b). Pub. L. 95-216, Sec. 103(a)(2), in provisions

preceding par. (1), substituted "shall (subject to subsection (c)

of this section) be the amount" for "shall be the amount".

Subsec. (b)(1). Pub. L. 95-216, Sec. 353(e)(2), substituted

"determination under subsection (a) of this section is made" for

"determination under subsection (a) of this section with respect to

such particular calendar year was made".

Subsec. (b)(2). Pub. L. 95-216, Sec. 353(e)(3), substituted "(A)

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) of this title) reported to the Secretary of the

Treasury or his delegate for the calendar year in which the

determination under subsection (a) of this section is made to (B)

the average of the total wages (as so defined and computed)

reported to the Secretary of the Treasury or his delegate for the

calendar year before" for "(A) the average of the wages of all

employees as reported to the Secretary of the Treasury for the

calendar year preceding the calendar year in which the

determination under subsection (a) of this section with respect to

such particular calendar years was made to (B) the average of the

wages of all employees as reported to the Secretary of the Treasury

for the calendar year 1973 or, if later, the calendar year

preceding".

Subsec. (b). Pub. L. 95-216, Sec. 353(e)(1), in provisions

following par. (2), struck out directive that, for purposes of this

subsection, the average of the wages for the calendar year 1978 (or

any prior calendar year), in the case of determinations made under

subsection (a) of this section prior to December 31, 1979, be

deemed to be an amount equal to 400 per centum of the amount of the

average of the taxable wages of all employees as reported to the

Secretary for the first calendar quarter of such calendar year.

Subsec. (c). Pub. L. 95-216, Sec. 103(b), designated existing

provisions as introductory material and cl. (1) and added cl. (2)

and closing material.

Subsec. (d). Pub. L. 95-216, Sec. 103(c)(1), added subsec. (d).

1976 - Subsec. (b). Pub. L. 94-202 substituted "wages of all

employees as reported to the Secretary of the Treasury for the

calendar year preceding the calendar year" for "taxable wages of

all employees as reported to the Secretary for the first calendar

quarter of the calendar year" and "made to" for "made to the latest

of" in cl. (A) of par. (2), substituted "wages of all employees as

reported to the Secretary of the Treasury for the calendar year

1973 or, if later, the calendar year preceding" for "taxable wages

of all employees as reported to the Secretary for the first

calendar quarter of 1973 or the first calendar quarter of" in cl.

(B) of par. (2), and inserted, following par. (2), provision

directing that the average wages for the calendar year 1978, or any

prior calendar year, be deemed equal to 400% of the average wages

reported for the first quarter of that calendar year.

1973 - Subsec. (a). Pub. L. 93-233, Sec. 3(j)(1), substituted

"with the June" for "with the first month of the calendar year" and

struck out "(along with the publication of such benefit increase as

required by section 415(i)(2)(D) of this title)" after "such

quarter occurs" and "(unless such increase in benefits is prevented

from becoming effective by section 415(i)(2)(E) of this title)"

after "shall be effective", respectively.

Subsec. (c). Pub. L. 93-233, Secs. 3(j)(2), 5(c), substituted

"the June" for "the first month" and "$13,200" for "$12,600",

respectively.

Pub. L. 93-66 substituted "$12,600" for "$12,000".

1972 - Subsec. (b)(2)(A). Pub. L. 92-603 substituted "of" for

"or".

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 321(b)(2) of Pub. L. 103-296 provided that the amendment

made by that section is effective as if included in section

10208(b)(1) of Pub. L. 101-239.

Amendment by section 321(g)(1)(A), (B) of Pub. L. 103-296

effective with respect to the determination of the contribution and

benefit base for years after 1994, see section 321(g)(3)(A) of Pub.

L. 103-296, set out as a note under section 415 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10208(c) of Pub. L. 101-239 provided that:

"(1) In general. - The amendments made by subsections (a) and (b)

[amending this section and sections 403, 409, 413, 415, and 424a of

this title] shall apply with respect to the computation of average

total wage amounts (under the amended provisions) for calendar

years after 1990.

"(2) Transitional rule. - For purposes of determining the

contribution and benefit base for 1990, 1991, and 1992 under

section 230(b) of the Social Security Act [subsec. (b) of this

section] (and section 230(b) of such Act as in effect immediately

prior to enactment of the Social Security Amendments of 1977 [Pub.

L. 95-216, approved Dec. 20, 1977]) -

"(A) the average of total wages for 1988 shall be deemed to be

equal to the amount which would have been determined without

regard to this paragraph, plus 2 percent of the amount which has

been determined to the average of total wages for 1987,

"(B) the average of total wages for 1989 shall be deemed to be

equal to the amount which would have been determined without

regard to this paragraph, plus 2 percent of the amount which

would have been determined to be the average of total wages for

1988 without regard to subparagraph (A), and

"(C) the average of total wages reported to the Secretary of

the Treasury for 1990 shall be deemed to be equal to the product

of -

"(i) the SSA average wage index (as defined in section

215(i)(1)(G) of the Social Security Act [section 415(i)(1)(G)

of this title] and promulgated by the Secretary) for 1989, and

"(ii) the quotient obtained by dividing -

"(I) the average of total wages (as defined in regulations

of the Secretary and computed without regard to the

limitations of section 209(a)(1) of the Social Security Act

[section 409(a)(1) of this title] and by including deferred

compensation amounts, within the meaning of section 209(k)(2)

of such Act as added by this section) reported to the

Secretary of the Treasury or his delegate for 1990, by

"(II) the average of total wages (as so defined and

computed without regard to the limitations specified in such

section 209(a)(1) and by excluding deferred compensation

amounts within the meaning of such section 209(k)(2))

reported to the Secretary of the Treasury or his delegate for

1989.

"(3) Determination of contribution and benefit base for 1993. -

For purposes of determining the contribution and benefit base for

1993 under section 230(b) of the Social Security Act (and section

230(b) of such Act as in effect immediately prior to enactment of

the Social Security Amendments of 1977), the average of total wages

for 1990 shall be determined without regard to subparagraph (C) of

paragraph (2).

"(4) Revised determination under section 230 of the social

security act. - As soon as possible after the enactment of this Act

[Dec. 19, 1989], the Secretary of Health and Human Services shall

revise and publish, in accordance with the provisions of this Act

[Pub. L. 101-239, see Tables for classification] and the amendments

made thereby, the contribution and benefit base under section 230

of the Social Security Act with respect to remuneration paid after

1989 and taxable years beginning after calendar year 1989."

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 AND TERMINATION DATES OF 1983 AMENDMENTS

Amendment by section 211(d) of Pub. L. 98-76 applicable to

compensation paid for services rendered after Dec. 31, 1983, and

before Jan. 1, 1985, see section 212 of Pub. L. 98-76, set out as a

note under section 3201 of Title 26, Internal Revenue Code.

Amendment by section 225(a)(4) of Pub. L. 98-76 applicable to

remuneration paid after Dec. 31, 1984, see section 227(a) of Pub.

L. 98-76, set out as a note under section 3201 of Title 26.

Amendment by Pub. L. 98-21 applicable with respect to

cost-of-living increases determined under section 415(i) of this

title for years after 1982, see section 111(a)(8) of Pub. L. 98-21,

set out as an Effective Date of 1983 Amendment note under section

402 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-34 applicable to compensation paid for

services rendered after Sept. 30, 1981, see section 741(e) of Pub.

L. 97-34, set out as a note under section 3201 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 103(a), (b) of Pub. L. 95-216 applicable

with respect to remunerations 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.

Section 103(c)(2) of Pub. L. 95-216 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply with

respect to plan terminations occurring after the date of the

enactment of this Act [Dec. 20, 1977]."

Amendment by section 353(e) of Pub. L. 95-216 effective Jan. 1,

1979, see section 353(g) of Pub. L. 95-216, set out as a note under

section 418 of this title.

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 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.

SOCIAL SECURITY CONTRIBUTION AND BENEFIT BASE

2003 - By notice of the Commissioner of Social Security, Oct. 18,

2002, 67 F.R. 65620, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 2003 is $87,000.

2002 - By notice of the Commissioner of Social Security, Oct. 19,

2001, 66 F.R. 54047, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 2002 is $84,900.

2001 - By notice of the Commissioner of Social Security, Oct. 18,

2000, 65 F.R. 63663, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 2001 is $80,400.

2000 - By notice of the Commissioner of Social Security, Oct. 20,

1999, 64 F.R. 57506, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 2000 is $76,200.

1999 - By notice of the Commissioner of Social Security, Oct. 21,

1998, 63 F.R. 58446, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1999 is $72,600.

1998 - By notice of the Commissioner of Social Security, Oct. 22,

1997, 62 F.R. 58762, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1998 is $68,400.

1997 - By notice of the Commissioner of Social Security, Oct. 18,

1996, 61 F.R. 55346, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1997 is $65,400.

1996 - By notice of the Commissioner of Social Security, Oct. 18,

1995, 60 F.R. 54751, it was determined and announced that, pursuant

to authority contained in this section, the contribution and

benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1996 is $62,700.

1995 - By notice of the Secretary of Health and Human Services,

Oct. 25, 1994, 59 F.R. 54464, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1995 is $61,200.

1994 - By notice of the Secretary of Health and Human Services,

Oct. 28, 1993, 58 F.R. 58004, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1994 is $60,600.

1993 - By notice of the Secretary of Health and Human Services,

Oct. 20, 1992, 57 F.R. 48619, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1993 is $57,600.

1992 - By notice of the Secretary of Health and Human Services,

Oct. 21, 1991, 56 F.R. 55325, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1992 is $55,500.

1991 - By notice of the Secretary of Health and Human Services,

Oct. 25, 1990, 55 F.R. 45856, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1991 is $53,400.

1990 - By notice of the Secretary of Health and Human Services,

Oct. 26, 1989, 54 F.R. 45803, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1990 is $50,400.

1989 - By notice of the Secretary of Health and Human Services,

Oct. 27, 1988, 53 F.R. 43932, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1989 is $48,000.

1988 - By notice of the Secretary of Health and Human Services,

Oct. 19, 1987, 52 F.R. 41672, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1988 is $45,000.

1987 - By notice of the Secretary of Health and Human Services,

Oct. 31, 1986, 51 F.R. 40256, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1987 is $43,800.

1986 - By notice of the Secretary of Health and Human Services,

Oct. 29, 1985, 50 F.R. 45559, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1986 is $42,000.

1985 - By notice of the Secretary of Health and Human Services,

Oct. 29, 1984, 49 F.R. 43775, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base for remuneration paid in, and for self-employment

income earned in taxable years beginning in, 1985 is $39,600.

1983 - By notice of the Secretary of Health and Human Services,

Nov. 4, 1982, 47 F.R. 51003, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base with respect to remuneration paid in, and taxable

years beginning in, 1983 is $35,700.

1982 - By notice of the Secretary of Health and Human Services,

Oct. 30, 1981, 46 F.R. 53791, it was determined and announced that,

pursuant to authority contained in this section, the contribution

and benefit base with respect to remuneration paid in, and taxable

years beginning in, 1982 is $32,400.

1978 - By notice of the Secretary of Health, Education, and

Welfare, Oct. 31, 1977, 42 F.R. 57754, it was determined and

announced that, pursuant to authority contained in this section,

the contribution and benefit base with respect to remuneration paid

in, and taxable years beginning in, 1978 is $17,700.

1977 - By notice of the Secretary of Health, Education, and

Welfare, Oct. 7, 1976, 41 F.R. 44878, it was determined and

announced that, pursuant to authority contained in this section,

the contribution and benefit base with respect to remuneration paid

in, and taxable years beginning in, 1977 is $16,500.

1976 - By notice of the Secretary of Health, Education, and

Welfare, Oct. 22, 1975, 40 F.R. 50556, it was determined and

announced that, pursuant to authority contained in this section,

the contribution and benefit base with respect to remuneration paid

in, and taxable years beginning in, 1976 is $15,300.

COST-OF-LIVING INCREASE IN BENEFITS

For purposes of subsec. (a) of this section, the increase in

benefits provided by section 2 of Pub. L. 93-233, revising benefits

table of section 415(a) of this title and amending sections 427(a),

(b) and 428(b)(1), (2), (c)(3)(A), (B) of this title considered an

increase under section 415(i) of this title, see section 3(i) of

Pub. L. 93-233, 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 403, 409, 411, 413, 415

of this title; title 5 section 8334; title 26 sections 401, 936,

1402, 3121, 3231, 6413; title 29 section 1322.

-End-

-CITE-

42 USC Sec. 431 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. 431. Benefits for certain individuals interned by United

States during World War II

-STATUTE-

(a) "Internee" defined

For the purposes of this section the term "internee" means an

individual who was interned during any period of time from December

7, 1941, through December 31, 1946, at a place within the United

States operated by the Government of the United States for the

internment of United States citizens of Japanese ancestry.

(b) Applicability in determining entitlement to and amount of

monthly benefits and lump-sum death payments, and period of

disability; effect of payment of benefits by other agency or

instrumentality of United States

(1) For purposes of determining entitlement to and the amount of

any monthly benefit for any month after December 1972, or

entitlement to and the amount of any lump-sum death payment in the

case of a death after such month, payable under this subchapter on

the basis of the wages and self-employment income of any

individual, and for purposes of section 416(i)(3) of this title,

such individual shall be deemed to have been paid during any period

after he attained age 18 and for which he was an internee, wages

(in addition to any wages actually paid to him) at a weekly rate of

basic pay during such period as follows -

(A) in the case such individual was not employed prior to the

beginning of such period, 40 multiplied by the minimum hourly

rate or rates in effect at any such time under section 206(a)(1)

of title 29, for each full week during such period; and

(B) in the case such individual who was employed prior to the

beginning of such period, 40 multiplied by the greater of (i) the

highest hourly rate received during any such employment, or (ii)

the minimum hourly rate or rates in effect at any such time under

section 206(a)(1) of title 29, for each full week during such

period.

(2) This subsection shall not be applicable in the case of any

monthly benefit or lump-sum death payment if -

(A) a larger such benefit or payment, as the case may be, would

be payable without its application; or

(B) a benefit (other than a benefit payable in a lump-sum

unless it is a commutation of, or a substitute for, periodic

payments) which is based, in whole or in part, upon internment

during any period from December 7, 1941, through December 31,

1946, at a place within the United States operated by the

Government of the United States for the internment of United

States citizens of Japanese ancestry, is determined by any agency

or wholly owned instrumentality of the United States to be

payable by it under any other law of the United States or under a

system established by such agency or instrumentality.

The provisions of clause (B) shall not apply in the case of any

monthly benefit or lump-sum death payment under this subchapter if

its application would reduce by $0.50 or less the primary insurance

amount (as computed under section 415 of this title prior to any

recomputation thereof pursuant to subsection (f) of such section)

of the individual on whose wages and self-employment income such

benefit or payment is based. The provisions of clause (B) shall

also not apply for purposes of section 416(i)(3) of this title.

(3) Upon application for benefits, a recalculation of benefits

(by reason of this section), or a lump-sum death payment on the

basis of the wages and self-employment income of any individual who

was an internee, the Commissioner of Social Security shall accept

the certification of the Secretary of Defense or his designee

concerning any period of time for which an internee is to receive

credit under paragraph (1) and shall make a decision without regard

to clause (B) of paragraph (2) of this subsection unless the

Commissioner has been notified by some other agency or

instrumentality of the United States that, on the basis of the

period for which such individual was an internee, a benefit

described in clause (B) of paragraph (2) has been determined by

such agency or instrumentality to be payable by it. If the

Commissioner of Social Security has not been so notified, the

Commissioner shall then ascertain whether some other agency or

wholly owned instrumentality of the United States has decided that

a benefit described in clause (B) of paragraph (2) is payable by

it. If any such agency or instrumentality has decided, or

thereafter decides, that such a benefit is payable by it, it shall

so notify the Commissioner of Social Security, and the Commissioner

of Social Security shall certify no further benefits for payment or

shall recompute the amount of any further benefits payable, as may

be required by this section.

(4) Any agency or wholly owned instrumentality of the United

States which is authorized by any law of the United States to pay

benefits, or has a system of benefits which are based, in whole or

in part, on any period for which any individual was an internee

shall, at the request of the Commissioner of Social Security,

certify to the Commissioner, with respect to any individual who was

an internee, such information as the Commissioner of Social

Security deems necessary to carry out the Commissioner's functions

under paragraph (3) of this subsection.

(c) Authorization of appropriations

There are authorized to be appropriated to the Trust Funds and

the Federal Hospital Insurance Trust Fund for the fiscal year

ending June 30, 1978, such sums as the Commissioner of Social

Security and the Secretary jointly determine would place the Trust

Funds and the Federal Hospital Insurance Trust Fund in the position

in which they would have been if the preceding provisions of this

section had not been enacted.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 231, as added Pub. L.

92-603, title I, Sec. 142(a), Oct. 30, 1972, 86 Stat. 1367; amended

Pub. L. 98-369, div. B, title VI, Sec. 2663(j)(2)(A)(iii), July 18,

1984, 98 Stat. 1170; Pub. L. 103-296, title I, Sec. 107(a)(1), (4),

(c), Aug. 15, 1994, 108 Stat. 1477, 1478, 1481.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(3). Pub. L. 103-296, Sec. 107(a)(1), (4),

substituted "Commissioner of Social Security" for "Secretary of

Health and Human Services" after "an internee, the", after "If

the", and after "so notify the", substituted "the Commissioner" for

"he" before "has been notified" and before "shall then ascertain",

and substituted "Commissioner of Social Security" for "Secretary"

before "shall certify no".

Subsec. (b)(4). Pub. L. 103-296, Sec. 107(a)(1), (4), substituted

"Commissioner of Social Security, certify to the Commissioner, with

respect to any individual who was an internee, such information as

the Commissioner of Social Security deems necessary to carry out

the Commissioner's functions under paragraph (3) of this

subsection" for "Secretary of Health and Human Services, certify to

him, with respect to any individual who was an internee, such

information as the Secretary deems necessary to carry out his

functions under paragraph (3) of this subsection".

Subsec. (c). Pub. L. 103-296, Sec. 107(c), substituted

"Commissioner of Social Security and the Secretary jointly

determine" for "Secretary determines".

1984 - Subsec. (b)(3), (4). Pub. L. 98-369 substituted "Health

and Human Services" for "Health, Education, and Welfare" wherever

appearing.

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.

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Special payment of $50 as soon as practicable after Mar. 29,

1975, by the Secretary of the Treasury to each individual who, for

the month of March 1975, was entitled to a monthly insurance

benefit payable under this subchapter, see section 702 of Pub. L.

94-12, set out as a note under section 402 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415 of this title.

-End-

-CITE-

42 USC Sec. 432 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. 432. Processing of tax data

-STATUTE-

The Secretary of the Treasury shall make available information

returns filed pursuant to part III of subchapter A of chapter 61 of

subtitle F of the Internal Revenue Code of 1986, to the

Commissioner of Social Security for the purposes of this subchapter

and subchapter XI of this chapter. The Commissioner of Social

Security and the Secretary of the Treasury are authorized to enter

into an agreement for the processing by the Commissioner of Social

Security of information contained in returns filed pursuant to part

III of subchapter A of chapter 61 of subtitle F of the Internal

Revenue Code of 1986. Notwithstanding the provisions of section

6103(a) of the Internal Revenue Code of 1986, the Secretary of the

Treasury shall make available to the Commissioner of Social

Security such documents as may be agreed upon as being necessary

for purposes of such processing. The Commissioner of Social

Security shall process any withholding tax statements or other

documents made available to the Commissioner by the Secretary of

the Treasury pursuant to this section. Any agreement made pursuant

to this section shall remain in full force and effect until

modified or otherwise changed by mutual agreement of the

Commissioner of Social Security and the Secretary of the Treasury.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 232, as added Pub. L.

94-202, Sec. 8(b), Jan. 2, 1976, 89 Stat. 1137; amended Pub. L.

103-296, title I, Sec. 107(a)(4), title III, Sec. 321(c)(6)(L),

Aug. 15, 1994, 108 Stat. 1478, 1538.)

-REFTEXT-

REFERENCES IN TEXT

Part III of subchapter A of chapter 61 of subtitle F of the

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

to section 6031 et seq. of Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-296, Sec. 321(c)(6)(L), substituted "1986" for

"1954" after "Code of" wherever appearing.

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

Social Security" for "Secretary" wherever appearing, except where

appearing before "of the Treasury" and substituted "available to

the Commissioner" for "available to him".

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

Section 8(c) of Pub. L. 94-202 provided that: "Section 232 of the

Social Security Act [this section], as added by subsection (b) of

this section, shall be effective with respect to statements

reporting income received after 1977."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 401 of this title; title

26 section 6103.

-End-

-CITE-

42 USC Sec. 433 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. 433. International agreements

-STATUTE-

(a) Purpose of agreement

The President is authorized (subject to the succeeding provisions

of this section) to enter into agreements establishing totalization

arrangements between the social security system established by this

subchapter and the social security system of any foreign country,

for the purposes of establishing entitlement to and the amount of

old-age, survivors, disability, or derivative benefits based on a

combination of an individual's periods of coverage under the social

security system established by this subchapter and the social

security system of such foreign country.

(b) Definitions

For the purposes of this section -

(1) the term "social security system" means, with respect to a

foreign country, a social insurance or pension system which is of

general application in the country and under which periodic

benefits, or the actuarial equivalent thereof, are paid on

account of old age, death, or disability; and

(2) the term "period of coverage" means a period of payment of

contributions or a period of earnings based on wages for

employment or on self-employment income, or any similar period

recognized as equivalent thereto under this subchapter or under

the social security system of a country which is a party to an agreement entered into under this section.

(c) Crediting periods of coverage; conditions of payment of

benefits

(1) Any agreement establishing a totalization arrangement

pursuant to this section shall provide -

(A) that in the case of an individual who has at least 6

quarters of coverage as defined in section 413 of this title and

periods of coverage under the social security system of a foreign

country which is a party to such agreement, periods of coverage

of such individual under such social security system of such

foreign country may be combined with periods of coverage under

this subchapter and otherwise considered for the purposes of

establishing entitlement to and the amount of old-age, survivors,

and disability insurance benefits under this subchapter;

(B)(i) that employment or self-employment, or any service which

is recognized as equivalent to employment or self-employment

under this subchapter or the social security system of a foreign

country which is a party to such agreement, shall, on or after

the effective date of such agreement, result in a period of

coverage under the system established under this subchapter or

under the system established under the laws of such foreign

country, but not under both, and (ii) the methods and conditions

for determining under which system employment, self-employment,

or other service shall result in a period of coverage; and

(C) that where an individual's periods of coverage are

combined, the benefit amount payable under this subchapter shall

be based on the proportion of such individual's periods of

coverage which was completed under this subchapter.

(2) Any such agreement may provide that an individual who is

entitled to cash benefits under this subchapter shall,

notwithstanding the provisions of section 402(t) of this title,

receive such benefits while he resides in a foreign country which

is a party to such agreement.

(3) Section 426 of this title shall not apply in the case of any

individual to whom it would not be applicable but for this section

or any agreement or regulation under this section.

(4) Any such agreement may contain other provisions which are not

inconsistent with the other provisions of this subchapter and which

the President deems appropriate to carry out the purposes of this

section.

(d) Regulations

The Commissioner of Social Security shall make rules and

regulations and establish procedures which are reasonable and

necessary to implement and administer any agreement which has been

entered into in accordance with this section.

(e) Reports to Congress; effective date of agreements

(1) Any agreement to establish a totalization arrangement entered

into pursuant to this section shall be transmitted by the President

to the Congress together with a report on the estimated number of

individuals who will be affected by the agreement and the effect of

the agreement on the estimated income and expenditures of the programs established by this chapter.

(2) Such an agreement shall become effective on any date,

provided in the agreement, which occurs after the expiration of the

period (following the date on which the agreement is transmitted in

accordance with paragraph (1)) during which at least one House of

the Congress has been in session on each of 60 days; except that

such agreement shall not become effective if, during such period,

either House of the Congress adopts a resolution of disapproval of

the agreement.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 233, as added Pub. L.

95-216, title III, Sec. 317(a), Dec. 20, 1977, 91 Stat. 1538;

amended Pub. L. 97-35, title XXII, Sec. 2201(b)(12), Aug. 13, 1981,

95 Stat. 831; Pub. L. 98-21, title III, Sec. 326(a), Apr. 20, 1983,

97 Stat. 126; Pub. L. 98-369, div. B, title VI, Sec.

2663(j)(3)(A)(v), July 18, 1984, 98 Stat. 1170; Pub. L. 103-296,

title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-296 substituted "Commissioner of

Social Security" for "Secretary".

1984 - Subsec. (d). Pub. L. 98-369 struck out "of Health,

Education, and Welfare" after "Secretary".

1983 - Subsec. (e)(2). Pub. L. 98-21 substituted "during which at

least one House of the Congress has been in session on each of 60

days" for "during which each House of the Congress has been in

session on each of 90 days".

1981 - Subsec. (c)(2). Pub. L. 97-35 struck out provision

permitting the agreement to provide that if the benefit paid by the

United States to an individual who legally resides in the United

States when added to the benefit paid by the foreign country is

less than the benefit amount payable to such individual based on

the first figure in, or deemed to be in, column IV of the table in

section 415(a) of this title in the case of an individual becoming

eligible before Jan. 1, 1979, or based on a primary insurance

amount determined under section 415(a)(1)(C)(i)(I) of this title in

the case of an individual becoming eligible for such benefit on or

after such date, the benefit paid by the United States be increased

so that the two benefits equal the benefit amount that would be

payable.