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-CITE-
42 USC CHAPTER 7 - SOCIAL SECURITY 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY

-HEAD-
CHAPTER 7 - SOCIAL SECURITY

-MISC1-

SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE
Sec.
301. Authorization of appropriations.
302. State old-age plans.
303. Payments to States and certain territories;
computation of amount; eligibility of State to
receive payment.
304. Stopping payment on deviation from required
provisions of plan or failure to comply
therewith.
305. Omitted.
306. Definitions.

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY
INSURANCE BENEFITS
401. Trust Funds.
401a. Omitted.
402. Old-age and survivors insurance benefit payments.
403. Reduction of insurance benefits.
404. Overpayments and underpayments.
405. Evidence, procedure, and certification for
payments.
405a. Regulations pertaining to frequency or due dates
of payments and reports under voluntary
agreements covering State and local employees;
effective date.
406. Representation of claimants before Commissioner.
407. Assignment of benefits.
408. Penalties.
409. "Wages" defined.
410. Definitions relating to employment.
410a. Transferred.
411. Definitions relating to self-employment.
412. Self-employment income credited to calendar years.
413. Quarter and quarter of coverage.
414. Insured status for purposes of old-age and
survivors insurance benefits.
415. Computation of primary insurance amount.
416. Additional definitions.
417. Benefits for veterans.
418. Voluntary agreements for coverage of State and
local employees.
419. Repealed.
420. Disability provisions inapplicable if benefit
rights impaired.
421. Disability determinations.
422. Rehabilitation services.
423. Disability insurance benefit payments.
424. Repealed.
424a. Reduction of disability benefits.
425. Additional rules relating to benefits based on
disability.
426. Entitlement to hospital insurance benefits.
426-1. End stage renal disease program.
426a. Transitional provision on eligibility of uninsured
individuals for hospital insurance benefits.
427. Transitional insured status for purposes of
old-age and survivors benefits.
428. Benefits at age 72 for certain uninsured
individuals.
429. Benefits in case of members of uniformed services.
430. Adjustment of contribution and benefit base.
431. Benefits for certain individuals interned by
United States during World War II.
432. Processing of tax data.
433. International agreements.
434. Demonstration project authority.

SUBCHAPTER III - GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION
501. Use of available funds.
502. Payments to States; computation of amounts.
503. State laws.
504. Judicial review.

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY
FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES

PART A - BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
601. Purpose.
602. Eligible States; State plan.
603. Grants to States.
603a. Transferred.
604. Use of grants.
604a. Services provided by charitable, religious, or
private organizations.
605. Administrative provisions.
606. Federal loans for State welfare programs.
607. Mandatory work requirements.
608. Prohibitions; requirements.
608a. Fraud under means-tested welfare and public
assistance programs.
609. Penalties.
610. Appeal of adverse decision.
611. Data collection and reporting.
611a. State required to provide certain information.
612. Direct funding and administration by Indian
tribes.
613. Research, evaluations, and national studies.
614. Study by Census Bureau.
615. Waivers.
616. Administration.
617. Limitation on Federal authority.
618. Funding for child care.
619. Definitions.

PART B - CHILD AND FAMILY SERVICES

SUBPART 1 - CHILD WELFARE SERVICES
620. Repealed.
621. Purpose.
622. State plans for child welfare services.
623. Allotments to States.
624. Payment to States.
625. Limitations on authorization of appropriations.
626. Research, training, or demonstration projects.
627. Repealed.
628. Payments to Indian tribal organizations.
628a. Transferred.
628b. National random sample study of child welfare.

SUBPART 2 - PROMOTING SAFE AND STABLE FAMILIES
629. Purpose.
629a. Definitions.
629b. State plans.
629c. Allotments to States.
629d. Payments to States.
629e. Evaluations; research; technical assistance.
629f. Authorization of appropriations; reservation of
certain amounts.
629g. Discretionary and targeted grants.
629h. Entitlement funding for State courts to assess and
improve handling of proceedings relating to
foster care and adoption.
629i. Grants for programs for mentoring children of
prisoners.

PART C - WORK INCENTIVE PROGRAM FOR RECIPIENTS OF AID UNDER STATE
PLAN APPROVED UNDER PART A
630 to 645. Repealed or Omitted.

PART D - CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY
651. Authorization of appropriations.
652. Duties of Secretary.
653. Federal Parent Locator Service.
653a. State Directory of New Hires.
654. State plan for child and spousal support.
654a. Automated data processing.
654b. Collection and disbursement of support payments.
655. Payments to States.
655a. Provision for reimbursement of expenses.
656. Support obligation as obligation to State; amount;
discharge in bankruptcy.
657. Distribution of collected support.
658. Repealed.
658a. Incentive payments to States.
659. Consent by United States to income withholding,
garnishment, and similar proceedings for
enforcement of child support and alimony
obligations.
659a. International support enforcement.
660. Civil action to enforce child support obligations;
jurisdiction of district courts.
661, 662. Repealed.
663. Use of Federal Parent Locator Service in
connection with enforcement or determination of
child custody in cases of parental kidnaping of
child.
664. Collection of past-due support from Federal tax
refunds.
665. Allotments from pay for child and spousal support
owed by members of uniformed services on active
duty.
666. Requirement of statutorily prescribed procedures
to improve effectiveness of child support
enforcement.
667. State guidelines for child support awards.
668. Encouragement of States to adopt civil procedure
for establishing paternity in contested cases.
669. Collection and reporting of child support
enforcement data.
669a. Nonliability for financial institutions providing
financial records to State child support
enforcement agencies in child support cases.
669b. Grants to States for access and visitation
programs.

PART E - FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE
670. Congressional declaration of purpose;
authorization of appropriations.
671. State plan for foster care and adoption
assistance.
672. Foster care maintenance payments program.
673. Adoption assistance program.
673a. Interstate compacts.
673b. Adoption incentive payments.
673c. Timely interstate home study incentive payments.
674. Payments to States.
675. Definitions.
676. Administration.
677. John H. Chafee Foster Care Independence Program.
678. Rule of construction.
679. Collection of data relating to adoption and foster
care.
679a. National Adoption Information Clearinghouse.
679b. Annual report.

PART F - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM
681 to 687. Repealed.

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT
701. Authorization of appropriations; purposes;
definitions.
702. Allotment to States and Federal set-aside.
703. Payments to States.
703a. Omitted.
704. Use of allotment funds.
704a. Omitted.
704b. Nonavailability of allotments after close of
fiscal year.
705. Application for block grant funds.
706. Administrative and fiscal accountability.
707. Criminal penalty for false statements.
708. Nondiscrimination provisions.
709. Administration of Federal and State programs.
710. Separate program for abstinence education.
711 to 731. Omitted or Repealed.

SUBCHAPTER VI - TEMPORARY STATE FISCAL RELIEF
801. Repealed.

SUBCHAPTER VII - ADMINISTRATION
901. Social Security Administration.
901a. Repealed.
902. Commissioner; Deputy Commissioner; other officers.
903. Social Security Advisory Board.
904. Administrative duties of Commissioner.
905, 905a. Transferred.
906. Training grants for public welfare personnel.
907. Repealed.
907a. National Commission on Social Security.
908. Omitted.
909. Delivery of benefit checks.
910. Recommendations by Board of Trustees to remedy
inadequate balances in Social Security trust
funds.
911. Budgetary treatment of trust fund operations.
912. Office of Rural Health Policy.
913. Duties and authority of Secretary.

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II
VETERANS
1001. Basic entitlement to benefits.
1002. Qualified individuals.
1003. Residence outside the United States.
1004. Disqualifications.
1005. Benefit amount.
1006. Applications and furnishing of information.
1007. Representative payees.
1008. Overpayments and underpayments.
1009. Hearings and review.
1010. Other administrative provisions.
1010a. Optional Federal administration of State
recognition payments.
1011. Penalties for fraud.
1012. Definitions.
1013. Appropriations.

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING
1101. Employment security administration account.
1102. Transfers between Federal unemployment account and
employment security administration account.
1103. Amounts transferred to State accounts.
1104. Unemployment Trust Fund.
1105. Extended unemployment compensation account.
1106. Unemployment compensation research program.
1107. Personnel training.
1108. Advisory Council on Unemployment Compensation.
1109. Federal Employees Compensation Account.
1110. Borrowing between Federal accounts.

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND
1201. Authorization of appropriations.
1202. State plans for aid to blind.
1202a. Repealed.
1203. Payment to States.
1204. Operation of State plans.
1205. Omitted.
1206. "Aid to the blind" defined.

SUBCHAPTER XI - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION

PART A - GENERAL PROVISIONS
1301. Definitions.
1301-1,
1301a. Omitted.
1302. Rules and regulations; impact analyses of Medicare
and Medicaid rules and regulations on small rural
hospitals.
1303. Separability.
1304. Reservation of right to amend or repeal.
1305. Short title of chapter.
1306. Disclosure of information in possession of Social
Security Administration or Department of Health
and Human Services.
1306a. Public access to State disbursement records.
1306b. State data exchanges.
1307. Penalty for fraud.
1308. Additional grants to Puerto Rico, Virgin Islands,
Guam, and American Samoa; limitation on total
payments.
1309. Amounts disregarded not to be taken into account
in determining eligibility of other individuals.
1310. Cooperative research or demonstration projects.
1311. Public assistance payments to legal
representatives.
1312. Medical care guides and reports for public
assistance and medical assistance.
1313. Assistance for United States citizens returned
from foreign countries.
1314. Public advisory groups.
1314a. Measurement and reporting of welfare receipt.
1315. Demonstration projects.
1316. Administrative and judicial review of public
assistance determinations.
1317. Appointment of the Administrator and Chief Actuary
of the Centers for Medicare & Medicaid Services.
1318. Alternative Federal payment with respect to public
assistance expenditures.
1319. Federal participation in payments for repairs to
home owned by recipient of aid or assistance.
1320. Approval of certain projects.
1320a. Uniform reporting systems for health services
facilities and organizations.
1320a-1. Limitation on use of Federal funds for capital
expenditures.
1320a-1a. Transferred.
1320a-2. Effect of failure to carry out State plan.
1320a-2a. Reviews of child and family services programs, and
of foster care and adoption assistance programs,
for conformity with State plan requirements.
1320a-3. Disclosure of ownership and related information;
procedure; definitions; scope of requirements.
1320a-3a. Disclosure requirements for other providers under
part B of Medicare.
1320a-4. Issuance of subpenas by Comptroller General.
1320a-5. Disclosure by institutions, organizations, and
agencies of owners, officers, etc., convicted of
offenses related to programs; notification
requirements; "managing employee" defined.
1320a-6. Adjustments in SSI benefits on account of
retroactive benefits under subchapter II.
1320a-7. Exclusion of certain individuals and entities from
participation in Medicare and State health care
programs.
1320a-7a. Civil monetary penalties.
1320a-7b. Criminal penalties for acts involving Federal
health care programs.
1320a-7c. Fraud and abuse control program.
1320a-7d. Guidance regarding application of health care
fraud and abuse sanctions.
1320a-7e. Health care fraud and abuse data collection
program.
1320a-7f. Coordination of medicare and medicaid surety bond
provisions.
1320a-8. Civil monetary penalties and assessments for
subchapters II, VIII and XVI.
1320a-8a. Administrative procedure for imposing penalties
for false or misleading statements.
1320a-8b. Attempts to interfere with administration of this
chapter.
1320a-9. Demonstration projects.
1320a-10. Effect of failure to carry out State plan.
1320b. Repealed.
1320b-1. Notification of Social Security claimant with
respect to deferred vested benefits.
1320b-2. Period within which certain claims must be filed.
1320b-3. Applicants or recipients under public assistance
programs not to be required to make election
respecting certain veterans' benefits.
1320b-4. Nonprofit hospital or critical access hospital
philanthropy.
1320b-5. Authority to waive requirements during national
emergencies.
1320b-6. Exclusion of representatives and health care
providers convicted of violations from
participation in social security programs.
1320b-7. Income and eligibility verification system.
1320b-8. Hospital protocols for organ procurement and
standards for organ procurement agencies.
1320b-9. National Commission on Children.
1320b-10. Prohibitions relating to references to Social
Security or Medicare.
1320b-11. Blood Donor Locator Service.
1320b-12. Research on outcomes of health care services and
procedures.
1320b-13. Social security account statements.
1320b-14. Outreach efforts to increase awareness of the
availability of medicare cost-sharing and
subsidies for low-income individuals under
subchapter XVIII.
1320b-15. Protection of social security and medicare trust
funds.
1320b-16. Public disclosure of certain information on
hospital financial interest and referral
patterns.
1320b-17. Cross-program recovery of overpayments from
benefits.
1320b-18. Repealed.
1320b-19. The Ticket to Work and Self-Sufficiency Program.
1320b-20. Work incentives outreach program.
1320b-21. State grants for work incentives assistance to
disabled beneficiaries.
1320b-22. Grants to develop and establish State
infrastructures to support working individuals
with disabilities.
1320b-23. Repealed.

PART B - PEER REVIEW OF UTILIZATION AND QUALITY OF HEALTH CARE
SERVICES
1320c. Purpose.
1320c-1. "Utilization and quality control peer review
organization" defined.
1320c-2. Contracts with utilization and quality control
peer review organizations.
1320c-3. Functions of peer review organizations.
1320c-4. Right to hearing and judicial review.
1320c-5. Obligations of health care practitioners and
providers of health care services; sanctions and
penalties; hearings and review.
1320c-6. Limitation on liability.
1320c-7. Application of this part to certain State programs
receiving Federal financial assistance.
1320c-8. Authorization for use of certain funds to
administer provisions of this part.
1320c-9. Prohibition against disclosure of information.
1320c-10. Annual reports.
1320c-11. Exemptions for religious nonmedical health care
institutions.
1320c-12. Medical officers in American Samoa, Northern
Mariana Islands, and Trust Territory of Pacific
Islands to be included in utilization and quality
control peer review program.
1320c-13 to 1320c-22. Repealed or Omitted.

PART C - ADMINISTRATIVE SIMPLIFICATION
1320d. Definitions.
1320d-1. General requirements for adoption of standards.
1320d-2. Standards for information transactions and data
elements.
1320d-3. Timetables for adoption of standards.
1320d-4. Requirements.
1320d-5. General penalty for failure to comply with
requirements and standards.
1320d-6. Wrongful disclosure of individually identifiable
health information.
1320d-7. Effect on State law.
1320d-8. Processing payment transactions by financial
institutions.

SUBCHAPTER XII - ADVANCES TO STATE UNEMPLOYMENT FUNDS
1321. Eligibility requirements for transfer of funds;
reimbursement by State; application;
certification; limitation.
1322. Repayment by State; certification; transfer;
interest on loan; credit of interest on loan.
1323. Repayable advances to Federal unemployment
account.
1324. "Governor" defined.

SUBCHAPTER XIII - RECONVERSION UNEMPLOYMENT BENEFITS FOR SEAMEN
1331 to
1336. Repealed.

SUBCHAPTER XIV - GRANTS TO STATES FOR AID TO PERMANENTLY AND
TOTALLY DISABLED
1351. Authorization of appropriations.
1352. State plans for aid to permanently and totally
disabled.
1353. Payments to States.
1354. Operation of State plans.
1355. Definitions.

SUBCHAPTER XV - UNEMPLOYMENT COMPENSATION FOR FEDERAL EMPLOYEES
1361 to
1371. Repealed.

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND
DISABLED
1381. Statement of purpose; authorization of
appropriations.
1381a. Basic entitlement to benefits.

PART A - DETERMINATION OF BENEFITS
1382. Eligibility for benefits.
1382a. Income; earned and unearned income defined;
exclusions from income.
1382b. Resources.
1382c. Definitions.
1382d. Rehabilitation services for blind and disabled
individuals.
1382e. Supplementary assistance by State or subdivision
to needy individuals.
1382f. Cost-of-living adjustments in benefits.
1382g. Payments to State for operation of supplementation
program.
1382h. Benefits for individuals who perform substantial
gainful activity despite severe medical
impairment.
1382i. Medical and social services for certain
handicapped persons.
1382j. Attribution of sponsor's income and resources to
aliens.
1382k. Repealed.

PART B - PROCEDURAL AND GENERAL PROVISIONS
1383. Procedure for payment of benefits.
1383a. Penalties for fraud.
1383b. Administration.
1383c. Eligibility for medical assistance of aged, blind,
or disabled individuals under State's medical
assistance plan.
1383d. Outreach program for children.
1383e. Treatment referrals for individuals with
alcoholism or drug addiction condition.
1383f. Annual report on program.
1384, 1385. Omitted.

SUBCHAPTER XVII - GRANTS FOR PLANNING COMPREHENSIVE ACTION TO
COMBAT MENTAL RETARDATION
1391. Authorization of appropriations.
1392. Availability of funds during certain fiscal years;
limitation on amount; utilization of grant.
1393. Applications; single State agency designation;
essential planning services; plans for
expenditure; final activities report and other
necessary reports; records; accounting.
1394. Payments to States; adjustments; advances or
reimbursement; installments; conditions.

SUBCHAPTER XVIII - HEALTH INSURANCE FOR AGED AND DISABLED
1395. Prohibition against any Federal interference.
1395a. Free choice by patient guaranteed.
1395b. Option to individuals to obtain other health
insurance protection.
1395b-1. Incentives for economy while maintaining or
improving quality in provision of health
services.
1395b-2. Notice of medicare benefits; medicare and medigap
information.
1395b-3. Health insurance advisory service for medicare
beneficiaries.
1395b-4. Health insurance information, counseling, and
assistance grants.
1395b-5. Beneficiary incentive programs.
1395b-6. Medicare Payment Advisory Commission.
1395b-7. Explanation of medicare benefits.
1395b-8. Chronic care improvement.
1395b-9. Provisions relating to administration.

PART A - HOSPITAL INSURANCE BENEFITS FOR AGED AND DISABLED
1395c. Description of program.
1395d. Scope of benefits.
1395e. Deductibles and coinsurance.
1395f. Conditions of and limitations on payment for
services.
1395g. Payments to providers of services.
1395h. Provisions relating to the administration of part
A.
1395i. Federal Hospital Insurance Trust Fund.
1395i-1. Authorization of appropriations.
1395i-1a. Repealed.
1395i-2. Hospital insurance benefits for uninsured elderly
individuals not otherwise eligible.
1395i-2a. Hospital insurance benefits for disabled
individuals who have exhausted other entitlement.
1395i-3. Requirements for, and assuring quality of care in,
skilled nursing facilities.
1395i-4. Medicare rural hospital flexibility program.
1395i-5. Conditions for coverage of religious nonmedical
health care institutional services.

PART B - SUPPLEMENTARY MEDICAL INSURANCE BENEFITS FOR AGED AND
DISABLED
1395j. Establishment of supplementary medical insurance
program for aged and disabled.
1395k. Scope of benefits; definitions.
1395l. Payment of benefits.
1395m. Special payment rules for particular items and
services.
1395n. Procedure for payment of claims of providers of
services.
1395o. Eligible individuals.
1395p. Enrollment periods.
1395q. Coverage period.
1395r. Amount of premiums for individuals enrolled under
this part.
1395s. Payment of premiums.
1395t. Federal Supplementary Medical Insurance Trust
Fund.
1395t-1, 1395t-2. Repealed.
1395u. Provisions relating to the administration of part
B.
1395v. Agreements with States.
1395w. Appropriations to cover Government contributions
and contingency reserve.
1395w-1. Repealed.
1395w-2. Intermediate sanctions for providers or suppliers
of clinical diagnostic laboratory tests.
1395w-3. Competitive acquisition of certain items and
services.
1395w-3a. Use of average sales price payment methodology.
1395w-3b. Competitive acquisition of outpatient drugs and
biologicals.
1395w-4. Payment for physicians' services.

PART C - MEDICARE+CHOICE PROGRAM
1395w-21. Eligibility, election, and enrollment.
1395w-22. Benefits and beneficiary protections.
1395w-23. Payments to Medicare+Choice organizations.
1395w-24. Premiums and bid amounts.
1395w-25. Organizational and financial requirements for
Medicare+Choice organizations; provider-sponsored
organizations.
1395w-26. Establishment of standards.
1395w-27. Contracts with Medicare+Choice organizations.
1395w-27a. Special rules for MA regional plans.
1395w-28. Definitions; miscellaneous provisions.
1395w-29. Comparative cost adjustment (CCA) program.

PART D - VOLUNTARY PRESCRIPTION DRUG BENEFIT PROGRAM

SUBPART 1 - PART D ELIGIBLE INDIVIDUALS AND PRESCRIPTION DRUG
BENEFITS
1395w-101. Eligibility, enrollment, and information.
1395w-102. Prescription drug benefits.
1395w-103. Access to a choice of qualified prescription drug
coverage.
1395w-104. Beneficiary protections for qualified prescription
drug coverage.

SUBPART 2 - PRESCRIPTION DRUG PLANS; PDP SPONSORS; FINANCING
1395w-111. PDP regions; submission of bids; plan approval.
1396w-112. Requirements for and contracts with prescription
drug plan (PDP) sponsors.
1395w-113. Premiums; late enrollment penalty.
1395w-114. Premium and cost-sharing subsidies for low-income
individuals.
1395w-115. Subsidies for part D eligible individuals for
qualified prescription drug coverage.
1395w-116. Medicare Prescription Drug Account in the Federal
Supplementary Medical Insurance Trust Fund.

SUBPART 3 - APPLICATION TO MEDICARE ADVANTAGE PROGRAM AND TREATMENT
OF EMPLOYER-SPONSORED PROGRAMS AND OTHER PRESCRIPTION DRUG PLANS
1395w-131. Application to Medicare Advantage program and
related managed care programs.
1395w-132. Special rules for employer-sponsored programs.
1395w-133. State Pharmaceutical Assistance Programs.
1395w-134. Coordination requirements for plans providing
prescription drug coverage.

SUBPART 4 - MEDICARE PRESCRIPTION DRUG DISCOUNT CARD AND
TRANSITIONAL ASSISTANCE PROGRAM
1395w-141. Medicare prescription drug discount card and
transitional assistance program.

SUBPART 5 - DEFINITIONS AND MISCELLANEOUS PROVISIONS
1395w-151. Definitions; treatment of references to provisions
in part C.
1395w-152. Miscellaneous provisions.

PART E - MISCELLANEOUS PROVISIONS
1395x. Definitions.
1395y. Exclusions from coverage and medicare as secondary
payer.
1395z. Consultation with State agencies and other
organizations to develop conditions of
participation for providers of services.
1395aa. Agreements with States.
1395bb. Effect of accreditation.
1395cc. Agreements with providers of services; enrollment
processes.
1395cc-1. Demonstration of application of physician volume
increases to group practices.
1395cc-2. Provisions for administration of demonstration
program.
1395cc-3. Health care quality demonstration program.
1395dd. Examination and treatment for emergency medical
conditions and women in labor.
1395ee. Practicing Physicians Advisory Council; Council
for Technology and Innovation.
1395ff. Determinations; appeals.
1395gg. Overpayment on behalf of individuals and
settlement of claims for benefits on behalf of
deceased individuals.
1395hh. Regulations.
1395ii. Application of certain provisions of subchapter
II.
1395jj. Designation of organization or publication by
name.
1395kk. Administration of insurance programs.
1395kk-1. Contracts with medicare administrative
contractors.
1395ll. Studies and recommendations.
1395mm. Payments to health maintenance organizations and
competitive medical plans.
1395nn. Limitation on certain physician referrals.
1395oo. Provider Reimbursement Review Board.
1395pp. Limitation on liability where claims are
disallowed.
1395qq. Indian Health Service Facilities.
1395rr. End stage renal disease program.
1395ss. Certification of medicare supplemental health
insurance policies.
1395tt. Hospital providers of extended care services.
1395uu. Payments to promote closing or conversion of
underutilized hospital facilities.
1395vv. Withholding payments from certain medicaid
providers.
1395ww. Payments to hospitals for inpatient hospital
services.
1395xx. Payment of provider-based physicians and payment
under certain percentage arrangements.
1395yy. Payment to skilled nursing facilities for routine
service costs.
1395zz. Provider education and technical assistance.
1395aaa. Transferred.
1395bbb. Conditions of participation for home health
agencies; home health quality.
1395ccc. Offset of payments to individuals to collect
past-due obligations arising from breach of
scholarship and loan contract.
1395ddd. Medicare Integrity Program.
1395eee. Payments to, and coverage of benefits under,
programs of all-inclusive care for elderly
(PACE).
1395fff. Prospective payment for home health services.
1395ggg. Omitted.
1395hhh. Health care infrastructure improvement program.

SUBCHAPTER XIX - GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
1396. Appropriations.
1396a. State plans for medical assistance.
1396b. Payment to States.
1396c. Operation of State plans.
1396d. Definitions.
1396e. Enrollment of individuals under group health
plans.
1396f. Observance of religious beliefs.
1396g. State programs for licensing of administrators of
nursing homes.
1396g-1. Required laws relating to medical child support.
1396h. State false claims act requirements for increased
State share of recoveries.
1396i. Certification and approval of rural health clinics
and intermediate care facilities for mentally
retarded.
1396j. Indian Health Service facilities.
1396k. Assignment, enforcement, and collection of rights
of payments for medical care; establishment of
procedures pursuant to State plan; amounts
retained by State.
1396l. Hospital providers of nursing facility services.
1396m. Withholding of Federal share of payments for
certain medicare providers.
1396n. Compliance with State plan and payment provisions.
1396o. Use of enrollment fees, premiums, deductions, cost
sharing, and similar charges.
1396o-1. State option for alternative premiums and cost
sharing.
1396p. Liens, adjustments and recoveries, and transfers
of assets.
1396q. Application of provisions of subchapter II
relating to subpoenas.
1396r. Requirements for nursing facilities.
1396r-1. Presumptive eligibility for pregnant women.
1396r-1a. Presumptive eligibility for children.
Sec.
1396r-1b. Presumptive eligibility for certain breast or
cervical cancer patients.
1396r-2. Information concerning sanctions taken by State
licensing authorities against health care
practitioners and providers.
1396r-3. Correction and reduction plans for intermediate
care facilities for mentally retarded.
1396r-4. Adjustment in payment for inpatient hospital
services furnished by disproportionate share
hospitals.
1396r-5. Treatment of income and resources for certain
institutionalized spouses.
1396r-6. Extension of eligibility for medical assistance.
1396r-7. Repealed.
1396r-8. Payment for covered outpatient drugs.
1396s. Program for distribution of pediatric vaccines.
1396t. Home and community care for functionally disabled
elderly individuals.
1396u. Community supported living arrangements services.
1396u-1. Assuring coverage for certain low-income families.
1396u-2. Provisions relating to managed care.
1396u-3. State coverage of medicare cost-sharing for
additional low-income medicare beneficiaries.
1396u-4. Program of all-inclusive care for elderly (PACE).
1396u-5. Special provisions relating to medicare
prescription drug benefit.
1396u-6. Medicaid Integrity Program.
1396u-7. State flexibility in benefit packages.
1396u-8. Health opportunity accounts.
1396v. References to laws directly affecting medicaid
program.

SUBCHAPTER XX - BLOCK GRANTS TO STATES FOR SOCIAL SERVICES
1397. Purposes; authorization of appropriations.
1397a. Payments to States.
1397b. Allotments.
1397c. State reporting requirements.
1397d. Limitation on use of grants; waiver.
1397e. Administrative and fiscal accountability.
1397f. Additional grants.

SUBCHAPTER XXI - STATE CHILDREN'S HEALTH INSURANCE PROGRAM
1397aa. Purpose; State child health plans.
1397bb. General contents of State child health plan;
eligibility; outreach.
1397cc. Coverage requirements for children's health
insurance.
1397dd. Allotments.
1397ee. Payments to States.
1397ff. Process for submission, approval, and amendment of
State child health plans.
1397gg. Strategic objectives and performance goals; plan
administration.
1397hh. Annual reports; evaluations.
1397ii. Miscellaneous provisions.
1397jj. Definitions.

-End-


-CITE-
42 USC SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE
ASSISTANCE 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE


-STATAMEND-
REPEAL OF SUBCHAPTER I OF THIS CHAPTER; INAPPLICABILITY OF REPEAL
TO PUERTO RICO, GUAM, AND VIRGIN ISLANDS
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this subchapter is repealed effective
January 1, 1974, except with respect to Puerto Rico, Guam, and the
Virgin Islands.


-MISC1-
AMENDMENTS
1960 - Pub. L. 86-778, title VI, Sec. 601(a), Sept. 13, 1960, 74
Stat. 987, included medical assistance for the aged in subchapter
heading.

-End-



-CITE-
42 USC Sec. 301 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 301. Authorization of appropriations

-STATUTE-
For the purpose of enabling each State, as far as practicable
under the conditions in such State, to furnish financial assistance
to aged needy individuals, there is hereby authorized to be
appropriated for each fiscal year a sum sufficient to carry out the
purposes of this subchapter. The sums made available under this
section shall be used for making payments to States which have
submitted, and had approved by the Secretary of Health and Human
Services (hereinafter referred to as the "Secretary"), State plans
for old-age assistance.

-SOURCE-
(Aug. 14, 1935, ch. 531, title I, Sec. 1, 49 Stat. 620; Aug. 28,
1950, ch. 809, title III, pt. 6, Sec. 361(a), 64 Stat. 558; Aug. 1,
1956, ch. 836, title III, Sec. 311(a), 70 Stat. 848; Pub. L. 86-
778, title VI, Sec. 601(b), Sept. 13, 1960, 74 Stat. 987; Pub. L.
87-543, title I, Sec. 104(c)(1), July 25, 1962, 76 Stat. 185; Pub.
L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub.
L. 97-35, title XXI, Sec. 2184(a)(2), Aug. 13, 1981, 95 Stat. 816.)


-STATAMEND-
REPEAL OF SECTION
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this section is repealed effective Jan.
1, 1974, except with respect to Puerto Rico, Guam, and the Virgin
Islands.


-MISC1-
AMENDMENTS
1981 - Pub. L. 97-35 substituted "purpose of enabling" for
"purpose (a) of enabling", struck out provisions designated as cls.
(b) and (c) which authorized appropriations for the purpose of
enabling each State to furnish medical assistance to aged
individuals who are not recipients of old-age assistance but whose
income and resources are insufficient to meet the cost of necessary
medical care and of encouraging each State to furnish
rehabilitation and other services to individuals to attain and
retain capability for self-care, and struck out ", or for medical
assistance for the aged, or for old-age assistance and medical
assistance for the aged" after "plans for old-age assistance".
1962 - Pub. L. 87-543 amended first sentence generally, striking
from cl. (a) provision relating to the purpose of encouraging each
State, as far as practicable under the conditions in the State, to
help aged needy individuals attain self-care, and adding cl. (c)
incorporating the struck out provision.
1960 - Pub. L. 86-778 amended section generally, authorizing
appropriations for the purpose of enabling each State, as far as
practicable under the conditions in such State, to furnish medical
assistance on behalf of aged individuals who are not recipients of
old-age assistance but whose income and resources are insufficient
to meet the costs of necessary medical services.
1956 - Act Aug. 1, 1956, struck out specific appropriation for
fiscal year ending June 30, 1956, and inserted provisions relating
to attainment of self-care by individuals.
1950 - Act Aug. 28, 1950, Sec. 361(a), substituted "Federal
Security Administrator (hereinafter referred to as the
'Administrator')" for "Social Security Board established by
subchapter I of this chapter (hereinafter referred to as the
'Board')".

EFFECTIVE DATE OF 1960 AMENDMENT
Section 604 of Pub. L. 86-778 provided that: "The amendments made
by section 601 of this Act [amending this section and sections 302,
303, 304, and 306 of this title] shall take effect October 1, 1960,
and the amendments made by section 602 [amending section 1308 of
this title] shall be effective with respect to fiscal years ending
after 1960."

-CHANGE-
CHANGE OF NAME
Secretary of Health and Human Services substituted in text for
Secretary of Health, Education, and Welfare pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
Title 20, Education.


-MISC2-
SHORT TITLE
For short title of this chapter and of amendments thereto, see
section 1305 of this title and Short Title notes set out
thereunder.

DECLARATION OF PURPOSE OF TITLE III OF ACT AUGUST 1, 1956
Section 300 of act Aug. 1, 1956, provided that: "It is the
purpose of this title [enacting sections 906 and 1310 of this title
and amending this section and sections 302, 303, 601, 602, 603,
606, 1201, 1202, 1203, 1301, 1308, 1351, 1352, and 1353 of this
title] (a) to promote the health of the Nation by assisting States
to extend and broaden their provisions for meeting the costs of
medical care for persons eligible for public assistance by
providing for separate matching of assistance expenditures for
medical care, (b) to promote the well-being of the Nation by
encouraging the States to place greater emphasis on helping to
strengthen family life and helping needy families and individuals
attain the maximum economic and personal independence of which they
are capable, (c) to assist in improving the administration of
public assistance programs (1) through making grants and contracts,
and entering into jointly financed cooperative arrangements, for
research or demonstration projects and (2) through Federal-State
programs of grants to institutions and traineeships and fellowships
so as to provide training of public welfare personnel, thereby
securing more adequately trained personnel, and (d) to improve aid
to dependent children."

PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS
Pub. L. 92-603, title III, Sec. 303(b), Oct. 30, 1972, 86 Stat.
1484, provided that: "The amendments made by sections 301 [enacting
sections 1381 to 1383c of this title] and 302 [enacting sections
801 to 805 of this title] and the repeals made by subsection (a)
[repealing this section and sections 302 to 306, 1201 to 1206, and
1351 to 1355 of this title] shall not be applicable in the case of
Puerto Rico, Guam, and the Virgin Islands."

-End-



-CITE-
42 USC Sec. 302 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 302. State old-age plans

-STATUTE-
(a) Contents
A State plan for old-age assistance must -
(1) except to the extent permitted by the Secretary with
respect to services, provide that it shall be in effect in all
political subdivisions of the State, and, if administered by
them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a
single State agency to administer the plan, or provide for the
establishment or designation of a single State agency to
supervise the administration of the plan;
(4) provide (A) for granting an opportunity for a fair hearing
before the State agency to any individual whose claim for
assistance under the plan is denied or is not acted upon with
reasonable promptness, and (B) that if the State plan is
administered in each of the political subdivisions of the State
by a local agency and such local agency provides a hearing at
which evidence may be presented prior to a hearing before the
State agency, such local agency may put into effect immediately
upon issuance its decision upon the matter considered at such
hearing;
(5) provide (A) such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the Secretary
shall exercise no authority with respect to the selection, tenure
of office, and compensation of any individual employed in
accordance with such methods) as are found by the Secretary to be
necessary for the proper and efficient operation of the plan, and
(B) for the training and effective use of paid subprofessional
staff, with particular emphasis on the full-time or part-time
employment of recipients and other persons of low income, as
community service aides, in the administration of the plan and
for the use of nonpaid or partially paid volunteers in a social
service volunteer program in providing services to applicants and
recipients and in assisting any advisory committees established
by the State agency;
(6) provide that the State agency will make such reports, in
such form and containing such information, as the Secretary may
from time to time require, and comply with such provisions as the
Secretary may from time to time find necessary to assure the
correctness and verification of such reports;
(7) provide safeguards which permit the use or disclosure of
information concerning applicants or recipients only (A) to
public officials who require such information in connection with
their official duties, or (B) to other persons for purposes
directly connected with the administration of the State plan;
(8) provide that all individuals wishing to make application
for assistance under the plan shall have opportunity to do so,
and that such assistance shall be furnished with reasonable
promptness to all eligible individuals;
(9) provide, if the plan includes assistance for or on behalf
of individuals in private or public institutions, for the
establishment or designation of a State authority or authorities
which shall be responsible for establishing and maintaining
standards for such institutions;
(10) if the State plan includes old-age assistance -
(A) provide that the State agency shall, in determining need
for such assistance, take into consideration any other income
and resources of an individual claiming old-age assistance, as
well as any expenses reasonably attributable to the earning of
any such income; except that, in making such determination, (i)
the State agency may disregard not more than $7.50 per month of
any income and (ii) of the first $80 per month of additional
income which is earned the State agency may disregard not more
than the first $20 thereof plus one-half of the remainder;
(B) include reasonable standards, consistent with the
objectives of this subchapter, for determining eligibility for
and the extent of such assistance; and
(C) provide a description of the services (if any) which the
State agency makes available (using whatever internal
organizational arrangement it finds appropriate for this
purpose) to applicants for and recipients of such assistance to
help them attain self-care, including a description of the
steps taken to assure, in the provision of such services,
maximum utilization of other agencies providing similar or
related services; and

(11) provide that information is requested and exchanged for
purposes of income and eligibility verification in accordance
with a State system which meets the requirements of section 1320b-
7 of this title.
(b) Approval by Secretary
The Secretary shall approve any plan which fulfills the
conditions specified in subsection (a) of this section, except that
he shall not approve any plan which imposes, as a condition of
eligibility for assistance under the plan -
(1) an age requirement of more than sixty-five years; or
(2) any residence requirement which (A) in the case of
applicants for old-age assistance, excludes any resident of the
State who has resided therein five years during the nine years
immediately preceding the application for old-age assistance and
has resided therein continuously for one year immediately
preceding the application, and (B) in the case of applicants for
medical assistance for the aged, excludes any individual who
resides in the State; or
(3) any citizenship requirement which excludes any citizen of
the United States.

At the option of the State, the plan may provide that manuals and
other policy issuances will be furnished to persons without charge
for the reasonable cost of such materials, but such provision shall
not be required by the Secretary as a condition for the approval of
such plan under this subchapter.
(c) Limitation on number of plans
Nothing in this subchapter shall be construed to permit a State
to have in effect with respect to any period more than one State
plan approved under this subchapter.

-SOURCE-
(Aug. 14, 1935, ch. 531, title I, Sec. 2, 49 Stat. 620; Aug. 10,
1939, ch. 666, title I, Sec. 101, 53 Stat. 1360; Aug. 28, 1950, ch.
809, title III, pt. 1, Sec. 301(a), (b), pt. 6, Sec. 361(c), (d),
64 Stat. 548, 558; Aug. 1, 1956, ch. 836, title III, Sec. 311(b),
70 Stat. 848; Pub. L. 85-840, title V, Sec. 510, Aug. 28, 1958, 72
Stat. 1051; Pub. L. 86-778, title VI, Sec. 601(b), Sept. 13, 1960,
74 Stat. 987; Pub. L. 87-543, title I, Secs. 106(a)(1), 157, July
25, 1962, 76 Stat. 188, 207; Pub. L. 89-97, title II, Sec.
221(a)(3), title IV, Sec. 403(a), July 30, 1965, 79 Stat. 357, 418;
Pub. L. 90-248, title II, Secs. 210(a)(1), 213(a)(1), Jan. 2, 1968,
81 Stat. 895, 898; Pub. L. 92-603, title IV, Secs. 405(a), 406(a),
407(a), 410(a), 413(a), Oct. 30, 1972, 86 Stat. 1488, 1489, 1491,
1492; Pub. L. 97-35, title XXI, Sec. 2184(a)(3), Aug. 13, 1981, 95
Stat. 816; Pub. L. 98-369, div. B, title VI, Sec. 2651(e), July 18,
1984, 98 Stat. 1149.)


-STATAMEND-
REPEAL OF SECTION
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this section is repealed effective Jan.
1, 1974, except with respect to Puerto Rico, Guam, and the Virgin
Islands.


-MISC1-
AMENDMENTS
1984 - Subsec. (a)(11). Pub. L. 98-369 added par. (11).
1981 - Subsec. (a). Pub. L. 97-35 struck out in provision
preceding par. (1) ", or for medical assistance for the aged, or
for old-age assistance and medical assistance for the aged" par.
(11) which specified the contents the State plan must contain if it
includes medical assistance for the aged, par. (12) which specified
the contents the State plan must contain if it includes assistance
to or in behalf of individuals who are patients in institutions for
mental diseases, and par. (13) which provided that if the State
plan includes assistance to or in behalf of patients in public
institutions for mental diseases, it show that the State is making
satisfactory progress towards developing and implementing a
comprehensive mental health program.
1972 - Subsec. (a)(1). Pub. L. 92-603, Sec. 410(a), inserted
"except to the extent permitted by the Secretary with respect to
services" before "provide".
Subsec. (a)(4). Pub. L. 92-603, Sec. 407(a), designated existing
provisions as cl. (A) and added cl. (B).
Subsec. (a)(7). Pub. L. 92-603, Sec. 413(a), substituted
provisions permitting use or disclosure of information concerning
applicants or recipients to public officials requiring such
information in connection with their official duties and to other
persons for purposes directly connected with administration of the
State plan, for provisions restricting use or disclosure of such
information to purposes directly connected with administration of
the State plan.
Subsec. (a)(10)(C). Pub. L. 92-603, Sec. 405(a), inserted
provision relating to use of whatever internal organizational
arrangement found appropriate.
Subsec. (b). Pub. L. 92-603, Sec. 406(a), inserted provision
relating to furnishing of manuals and other policy issuances to
persons without charge and at option of the State.
1968 - Subsec. (a)(5). Pub. L. 90-248, Sec. 210(a)(1), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(10)(A)(i). Pub. L. 90-248, Sec. 213(a)(1), increased
from $5 to $7.50 limitation on amount of any income which the State
may disregard in making its determination of need.
1965 - Subsec. (a)(10)(A). Pub. L. 89-97, Sec. 403(a), placed a
ceiling of $5 on amount of any income which the State may disregard
in making its determination of need and substituted "$80" and "$20"
for "$50" and "$10" respectively.
Subsec. (a)(12), (13). Pub. L. 89-97, Sec. 221(a)(3), added pars.
(12) and (13).
1962 - Subsec. (a)(10)(A). Pub. L. 87-543 inserted "as well as
any expenses reasonably attributable to the earning of any such
income" and exception provision.
1960 - Subsec. (a). Pub. L. 86-778 amended subsec. (a) generally,
inserting provisions relating to plans for medical assistance, and
required plans that include old-age assistance to include
reasonable standards, consistent with objectives of this
subchapter, for determining eligibility for and extent of such
assistance.
Subsec. (b). Pub. L. 86-778 amended subsec. (b) generally,
substituting "eligibility for assistance under the plan" for
"eligibility for old-age assistance under the plan" in opening
provisions, struck out provisions from par. (1) which permitted
plan to impose an age requirement of as much as 70 years until Jan.
1, 1940, and inserted provisions in par. (2) requiring the
Secretary to disapprove any plan, in the case of applicants for
medical assistance for the aged, which excludes any individual who
resides in the State.
Subsec. (c). Pub. L. 86-778 added subsec. (c).
1958 - Subsec. (a)(11). Pub. L. 85-840 inserted provisions in
par. (11) requiring the State plan to include a description of the
steps taken to assure, in provision of such services, maximum
utilization of other agencies providing similar or related
services.
1956 - Subsec. (a)(11). Act Aug. 1, 1956, added par. (11).
1950 - Subsec. (a). Act Aug. 28, 1950, substituted "provide for
granting an opportunity for a fair hearing before the State agency
to any individual whose claim for old-age assistance is denied or
is not acted upon with reasonable promptness" for "provide for
granting to any individual, whose claim for old-age assistance is
denied, an opportunity for a fair hearing before such State agency"
in par. (4), "Administrator" for "Board" wherever appearing, and
"he", "him", or "his" for "it" or "its" wherever appearing, and
added pars. (9) and (10).
1939 - Subsec. (a). Act Aug. 10, 1939, amended subsec. (a)
generally commencing with par. (5).

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective Apr. 1, 1985, except as
otherwise provided, see section 2651(l)(2) of Pub. L. 98-369, set
out as an Effective Date note under section 1320b-7 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Section 210(b) of Pub. L. 90-248 provided that: "Each of the
amendments made by subsection (a) [amending this section and
sections 602, 1202, 1352, 1382, and 1396a of this title] shall
become effective July 1, 1969, or, if earlier (with respect to a
State's plan approved under title [subchapter] I, X, XIV, XVI, or
XIX, or part A of title IV [of this chapter]) on the date as of
which the modification of the State plan to comply with such
amendment is approved."

EFFECTIVE DATE OF 1965 AMENDMENT
Section 221(e) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 303, 306,
1206, 1355, 1382, 1383, and 1385 of this title] shall apply in the
case of expenditures made after December 31, 1965, under a State
plan approved under title I, X, XIV, or XVI of the Social Security
Act [subchapter I, X, XIV, or XVI of this chapter]."
Section 403(a) of Pub. L. 89-97 provided that the amendment made
by that section is effective Oct. 1, 1965.

EFFECTIVE DATE OF 1962 AMENDMENT
Section 202(a) of Pub. L. 87-543 provided that: "The amendments
made by sections 102(b)(1), 103, 106, and 134 [amending this
section and sections 602, 607, 723, 1202, and 1352 of this title]
shall become effective July 1, 1963."

EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86-778 effective Oct. 1, 1960, see section
604 of Pub. L. 86-778, set out as a note under section 301 of this
title.

EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-840 effective Oct. 1, 1958, see section
512 of Pub. L. 85-840, set out as a note under section 303 of this
title.

EFFECTIVE DATE OF 1956 AMENDMENT
Section 314 [315] of act Aug. 1, 1956, provided that: "The
amendments made by sections 311(b), 312(b), 313(b), and 314(b)
[amending this section and sections 602, 1202, and 1352 of this
title] shall become effective July 1, 1957."

EFFECTIVE DATE OF 1950 AMENDMENT
Section 301(c) of act Aug. 28, 1950, provided that: "The
amendments made by subsections (a) and (b) [amending this section]
shall take effect July 1, 1951."


-TRANS-
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary under subsec.
(a)(5)(A) of this section, insofar as relates to the prescription
of personnel standards on a merit basis, transferred to Office of
Personnel Management, see section 4728(a)(3)(D) of this title.


-MISC2-
DISREGARDING OF INCOME OF OASDI RECIPIENTS IN DETERMINING NEED FOR
PUBLIC ASSISTANCE
Section 306 of Pub. L. 92-603 provided that: "In addition to the
requirements imposed by law as a condition of approval of a State
plan to provide aid or assistance in the form of money payments to
individuals under title I, X, XIV, or XVI of the Social Security
Act [subchapter I, X, XIV, or XVI of this chapter], there is hereby
imposed the requirement (and the plan shall be deemed to require)
that, in the case of any individual receiving aid or assistance for
any month after October 1972, or, at the option of the State,
September 1972, and before January 1974 who also receives in such
month a monthly insurance benefit under title II of such Act
[subchapter II of this chapter] which was increased as a result of
the enactment of Public Law 92-336, the sum of the aid or
assistance received by him for such month, plus the monthly
insurance benefit received by him in such month (not including any
part of such benefit which is disregarded under such plan), shall
exceed the sum of the aid or assistance which would have been
received by him for such month under such plan as in effect for
October 1972, plus the monthly insurance benefit which would have
been received by him in such month, by an amount equal to $4 or (if
less) to such increase in his monthly insurance benefit under such
title II (whether such excess is brought about by disregarding a
portion of such monthly insurance benefit or otherwise)."

-End-



-CITE-
42 USC Sec. 303 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 303. Payments to States and certain territories; computation
of amount; eligibility of State to receive payment

-STATUTE-
(a) Computation of amounts
From the sums appropriated therefor, the Secretary of the
Treasury shall pay to each State which has a plan approved under
this subchapter, for each quarter, beginning with the quarter
commencing October 1, 1960 -
(1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(4)(A),
Aug. 13, 1981, 95 Stat. 816.
(2) in the case of Puerto Rico, the Virgin Islands, and Guam,
an amount equal to one-half of the total of the sums expended
during such quarter as old-age assistance under the State plan,
not counting so much of any expenditure with respect to any month
as exceeds $37.50 multiplied by the total number of recipients of
old-age assistance for such month; plus
(3) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(4)(A),
Aug. 13, 1981, 95 Stat. 816.
(4) in the case of any State, an amount equal to 50 percent of
the total amounts expended during such quarter as found necessary
by the Secretary for the proper and efficient administration of
the State plan.
(b) Method of computing and paying amounts
The method of computing and paying such amounts shall be as
follows:
(1) The Secretary of Health and Human Services shall, prior to
the beginning of each quarter, estimate the amount to be paid to
the State for such quarter under the provisions of subsection (a)
of this section, such estimate to be based on (A) a report filed
by the State containing its estimate of the total sum to be
expended in such quarter in accordance with the provisions of
such subsection, and stating the amount appropriated or made
available by the State and its political subdivisions for such
expenditures in such quarter, and if such amount is less than the
State's proportionate share of the total sum of such estimated
expenditures, the source or sources from which the difference is
expected to be derived, (B) records showing the number of aged
individuals in the State, and (C) such other investigation as the
Secretary of Health and Human Services may find necessary.
(2) The Secretary of Health and Human Services shall then
certify to the Secretary of the Treasury the amount so estimated
by the Secretary of Health and Human Services, (A) reduced or
increased, as the case may be, by any sum by which he finds that
his estimate for any prior quarter was greater or less than the
amount which should have been paid to the State under subsection
(a) of this section for such quarter, and (B) reduced by a sum
equivalent to the pro rata share to which the United States is
equitably entitled, as determined by the Secretary of Health and
Human Services, of the net amount recovered during any prior
quarter by the State or any political subdivision thereof with
respect to assistance furnished under the State plan; except that
such increases or reductions shall not be made to the extent that
such sums have been applied to make the amount certified for any
prior quarter greater or less than the amount estimated by the
Secretary of Health and Human Services for such prior quarter:
Provided, That any part of the amount recovered from the estate
of a deceased recipient which is not in excess of the amount
expended by the State or any political subdivision thereof for
the funeral expenses of the deceased shall not be considered as a
basis for reduction under clause (B) of this paragraph.
(3) The Secretary of the Treasury shall thereupon, through the
Fiscal Service of the Treasury Department and prior to audit or
settlement by the Government Accountability Office, pay to the
State, at the time or times fixed by the Secretary of Health and
Human Services, the amount so certified.

-SOURCE-
(Aug. 14, 1935, ch. 531, title I, Sec. 3, 49 Stat. 621; Aug. 10,
1939, ch. 666, title I, Sec. 102, 53 Stat. 1361; 1940 Reorg. Plan
No. III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231; Aug. 10, 1946, ch. 951, title V, Sec. 501, 60 Stat. 991; June
14, 1948, ch. 468, Sec. 3(a), 62 Stat. 439; Aug. 28, 1950, ch. 809,
title III, pt. 1, Sec. 302(a), pt. 6, Sec. 361(c), (d), 64 Stat.
548, 558; July 18, 1952, ch. 945, Sec. 8(a), 66 Stat. 778; 1953
Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67
Stat. 631; Sept. 1, 1954, ch. 1206, title III, Sec. 303, 68 Stat.
1097; Aug. 1, 1956, ch. 836, title III, Secs. 301, 311(c), 341, 70
Stat. 846, 848, 852; Pub. L. 85-840, title V, Sec. 501, Aug. 28,
1958, 72 Stat. 1047; Pub. L. 86-778, title VI, Sec. 601(c), (d),
Sept. 13, 1960, 74 Stat. 989, 990; Pub. L. 87-31, Sec. 5(a), (b),
May 8, 1961, 75 Stat. 77; Pub. L. 87-64, title III, Sec. 303(a),
June 30, 1961, 75 Stat. 143; Pub. L. 87-543, title I, Secs.
101(a)(1), (b)(1), 132(a), July 25, 1962, 76 Stat. 173, 179, 193;
Pub. L. 89-97, title I, Sec. 122, title II, Sec. 221(a)(4), title
IV, Sec. 401(a), July 30, 1965, 79 Stat. 353, 357, 414; Pub. L. 90-
248, title II, Sec. 212(a), Jan. 2, 1968, 81 Stat. 897; Pub. L. 92-
512, title III, Sec. 301(b), (d), Oct. 20, 1972, 86 Stat. 946,
947; Pub. L. 93-647, Secs. 3(e)(2), 5(a), Jan. 4, 1975, 88 Stat.
2349, 2350; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 97-35, title XXI, Sec. 2184(a)(4), title XXIII,
Sec. 2353(a), Aug. 13, 1981, 95 Stat. 816, 871; Pub. L. 99-603,
title I, Sec. 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103-
66, title XIII, Sec. 13741(b), Aug. 10, 1993, 107 Stat. 663; Pub.
L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-STATAMEND-
REPEAL OF SECTION
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this section is repealed effective Jan.
1, 1974, except with respect to Puerto Rico, Guam, and the Virgin
Islands.


-MISC1-
AMENDMENTS
2004 - Subsec. (b)(3). Pub. L. 108-271 substituted "Government
Accountability Office" for "General Accounting Office".
1993 - Subsec. (a)(4). Pub. L. 103-66 substituted "50 percent of
the total amounts expended during such quarter as found necessary
by the Secretary for the proper and efficient administration of the
State plan." for "the sum of the following proportions of the total
amounts expended during such quarter as found necessary by the
Secretary of Health and Human Services for the proper and efficient
administration of the State plan -
"(A) 75 per centum of so much of such expenditures as are for
the training (including both short- and long-term training at
educational institutions through grants to such institutions or
by direct financial assistance to students enrolled in such
institutions) of personnel employed or preparing for employment
by the State agency or by the local agency administering the plan
in the political subdivision; plus
"(B) 100 percent of so much of such expenditures as are for the
costs of the implementation and operation of the immigration
status verification system described in section 1320b-7(d) of
this title; plus
"(C) one-half of the remainder of such expenditures."
1986 - Subsec. (a)(4)(B), (C). Pub. L. 99-603 added subpar. (B)
and redesignated former subpar. (B) as (C).
1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2184(a)(4)(A), struck
out par. (1) which provided for computation of amount of payments
in case of any State other than Puerto Rico, the Virgin Islands,
and Guam.
Subsec. (a)(2). Pub. L. 97-35, Sec. 2184(a)(4)(B), amended par.
(2) generally, striking out provisions including as old-age
assistance under the State plan expenditures for premiums under
part B of subchapter XVIII of this chapter for individuals who are
recipients of money payments under such plan and other insurance
premiums for medical or any other type of remedial care and
increasing amount payable by larger of two specifically computable
amounts.
Subsec. (a)(3). Pub. L. 97-35, Sec. 2184(a)(4)(A), struck out
par. (3) which provided for payment, in the case of any State, of
an amount equal to the Federal medical percentage of total amounts
expended for each quarter as medical assistance for the aged under
the State plan, including expenditures for insurance premiums for
medical or any other type of remedial care or cost thereof.
Subsec. (a)(4). Pub. L. 97-35, Sec. 2353(a)(1)(A), substituted
provision making payments available to any State for provision
making payments available to any State whose State plan approved
under section 302 of this title meets the requirements of subsec.
(c)(1) of this section and "Secretary of Health and Human Services"
for "Secretary of Health, Education, and Welfare", inserted
provision including within the meaning of training both short and
long term training at educational institutions through grants to
such institutions or by direct financial assistance to students
enrolled in such institutions, and struck out provisions which
included in the computation of the amount payable services and
provisions which specified what services were includable.
Subsec. (a)(5). Pub. L. 97-35, Sec. 2353(a)(1)(B), struck out
par. (5) which provided payment, in the case of any State whose
State plan approved under section 302 of this title which did not
meet the requirements of subsec. (c)(1) of this section, of an
amount equal to one-half of the total of the sums expended during
such quarter as found necessary by the Secretary for the proper and
efficient administration of the State plan.
Subsec. (c). Pub. L. 97-35, Sec. 2353(a)(2), struck out subsec.
(c) which provided for an eligibility requirement in order for a
State to qualify for payments under subsec. (a)(4) of this section
and prescribed action to be taken by the Secretary upon failure of
the State to comply.
Subsec. (d). Pub. L. 97-35, Sec. 2184(a)(4)(C), struck out
subsec. (d) which provided that the amount determined for any State
for any quarter which is attributable to expenditures with respect
to patients in institutions for mental diseases be paid only to the
extent that the State makes a satisfactory showing that the total
expenditures in the State from Federal, State, and local sources
for mental health services under State and local public health and
public welfare programs for such quarter exceed the average of the
total expenditures in the State from such sources for such services
under such programs for each quarter of fiscal year ending June 30,
1965.
1975 - Subsec. (a). Pub. L. 93-647, Sec. 3(e)(2), struck out
"(subject to section 1320b of this title)" after "the Secretary of
the Treasury shall".
Subsec. (a)(4)(A)(iv). Pub. L. 93-647, Sec. 5(a), inserted
"(including both short- and long-term training at educational
institutions through grants to such institutions or by direct
financial assistance to students enrolled in such institutions)"
after "training".
1972 - Subsec. (a). Pub. L. 92-512, Sec. 301(d), substituted
"shall (subject to section 1320b of this title) pay" for "shall
pay" in text preceding par. (1).
Subsec. (a)(4)(E). Pub. L. 92-512, Sec. 301(b), substituted
"under conditions which shall be" for "subject to limitations".
1968 - Subsec. (a)(4)(D). Pub. L. 90-248 inserted ", except to
the extent specified by the Secretary" after "shall" in
introductory text to subpar. (D).
1965 - Subsec. (a)(1). Pub. L. 89-97, Secs. 122, 401(a), inserted
"premiums under part B of subchapter XVIII of this chapter for
individuals who are recipients of money payments under such plan
and other" after "expenditures for" in parenthetical phrase
appearing in so much of par. (1) as precedes cl. (A); and changed
first step of formula for determining Federal payments to States
with approved plans for old-age assistance under this subchapter,
contained in cl. (A), by providing Federal sharing in 31/37 ths of
first $37 of the average monthly assistance payment instead of
29/35 ths of first $35 of the average monthly assistance payment,
extended the application of the Federal percentage in second step
of formula to an additional $38 of the State's average payment,
restated formula for second and third steps by striking out cl. (C)
and combining such steps in cl. (B) and making provision therein to
give recognition to the State's expenditures for medical care
before applying the Federal percentage to remaining expenditures
for which Federal participation is available, respectively.
Subsec. (a)(2)(A). Pub. L. 89-97, Sec. 122, inserted "premiums
under part B of subchapter XVIII of this chapter for individuals
who are recipients of money payments under such plan and other"
after "expenditures for" in parenthetical phrase.
Subsec. (d). Pub. L. 89-97, Sec. 221(a)(4), added subsec. (d).
1962 - Subsec. (a)(1). Pub. L. 87-543, Sec. 132(a), substituted "
29/35 " and "$35" for "four-fifths" and "$31", respectively, in
subpar. (A), "$70" for "$66" in subpar. (B), and "$85" and "$70"
for "$81" and "$66", respectively, in subpar. (C).
Subsec. (a)(2). Pub. L. 87-543, Sec. 132(a), substituted "$37.50"
for "$35.50", in subpar. (A) and "$45" and "$37.50" for "$43" and
"$35.50", respectively, in subpar. (B).
Subsec. (a)(4). Pub. L. 87-543, Sec. 101(a)(1), (b)(1)(A),
inserted in opening provisions "whose State plan approved under
section 302 of this title meets the requirements of subsection (c)
of this section" after "any State", and substituted provisions
which increased the Federal share of expenses of administration of
State public assistance plans by providing quarterly payments of
the sum of 75 per centum of the quarterly expenses for certain
prescribed services to help attain and retain capability for self-
care, services likely to prevent or reduce dependency, and
services appropriate for individuals who were or are likely to
become applicants for or recipients of assistance and request such
services, and training of State or local public assistance
personnel administering such plans and one-half of other
administrative expenses for other services, permitted State health
or vocational rehabilitation or other appropriate State agencies to
furnish such services, except vocational rehabilitation services,
and required the determination of the portion of expenses covered
by the 75 and 50 per centum provisions in accordance with methods
and procedures permitted by the Secretary for former provisions
requiring quarterly payments of one-half of quarterly expenses of
administration of State plans, including staff services of State or
local public assistance agencies to applicants for and recipients
of old-age assistance to help them attain self-care.
Subsec. (a)(5). Pub. L. 87-543, Sec. 101(b)(1)(B), added par.
(5).
Subsec. (c). Pub. L. 87-543, Sec. 101(b)(1)(C), added subsec.
(c).
1961 - Subsec. (a)(1). Pub. L. 87-64, Sec. 303(a)(1), substituted
"$31" for "$30" in subpar. (A), "$66" for "$65" in subpar. (B), and
"$81" for "$80" and "$66" for "$65" in subpar. (C).
Pub. L. 87-31, Sec. 5(a), substituted "$80" and "$15" for "$77"
and "$12", respectively, in subpar. (C).
Subsec. (a)(2). Pub. L. 87-64, Sec. 303(a)(2), substituted
"$35.50" for "$35" in subpar. (A), and "$35.50" for "$35" and "$43"
for "$42.50" in subpar. (B).
Pub. L. 87-31, Sec. 5(b), substituted "$42.50" and "$7.50" for
"$41" and "$6", respectively, in subpar. (B).
1960 - Subsec. (a). Pub. L. 86-778, Sec. 601(c), added pars.
(1)(C), (2)(B), and (3).
Subsec. (b)(2). Pub. L. 86-778, Sec. 601(d), substituted
"assistance furnished under the State plan" for "old-age assistance
furnished under the State plan" in cl. (B).
1958 - Subsec. (a). Pub. L. 85-840 increased payments to the
States to four-fifths of the first $30 of the average monthly
payment per recipient, including assistance in the form of money
payments and in the form of medical or any other type of remedial
care, plus Federal percentage of the amount by which the
expenditures exceed the maximum which may be counted under cl. (A),
but excluding that part of the average monthly payment per
recipient in excess of $65, increased average monthly payment to
Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam
from provisions which authorize an average monthly payment of $65
and included Guam within provisions which authorize an average
monthly payment of $35, and permitted the counting of individuals
with respect to whom expenditures were made as old-age assistance
in the form of medical or any other type of remedial care in
determining the total number of recipients.
1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 301, substituted
"during such quarter as old-age assistance in the form of money
payments under the State plan" for "during such quarter as old-age
assistance under the State plan" in cls. (1) and (2), "who received
old-age assistance in the form of money payments for such month"
for "who received old-age assistance for such month" in par. (A) of
cl. (1), and inserted cl. (4).
Act Aug. 1, 1956, Sec. 311(c), struck out ", which shall be used
exclusively as old-age assistance," after "the Virgin Islands, an
amount" in cls. (1) and (2), and substituted "including services
which are provided by the staff of the State agency (or of the
local agency administering the State plan in the political
subdivision) to applicants for and recipients of old-age assistance
to help them attain self-care" for "which amount shall be used for
paying the costs of administering the State plan or for old-age
assistance, or both, and for no other purpose" in cl. (3).
Act Aug. 1, 1956, Sec. 341, substituted "October 1, 1956" for
"October 1, 1952", struck out ", which shall be used exclusively as
old-age assistance," after "the Virgin Islands, an amount", and
substituted "$60" for "$55", in cl. (1), substituted "the product
of $30" for "the product of $25" in par. (A) of cl. (1), and
"including services which are provided by the staff of the State
agency (or of the local agency administering the State plan in the
political subdivision) to applicants for and recipients of old-age
assistance to help them attain self-care" for "which amount shall
be used for paying the costs of administering the State plan or for
old-age assistance, or both, and for no other purpose" in cl. (3).
1954 - Subsec. (b). Act Sept. 1, 1954, Sec. 303(b), substituted
"subsection (a)" for "clause (1) of subsection (a)", wherever
appearing, substituted "such subsection" for "such clause" in par.
(1), and struck out "increased by five per centum" at end of par.
(3).
Subsec. (b)(1). Act Sept. 1, 1954, Sec. 303(a), substituted "the
State's proportionate share" for "one-half".
1952 - Subsec. (a). Act July 18, 1952, increased Federal share of
State's average monthly payment to four-fifths of the first $25
plus one-half of the remainder within individual maximums of $55,
and changed formulas for computing Federal share of public
assistance for Puerto Rico and Virgin Islands.
1950 - Act Aug. 28, 1950, substituted "Administrator" for
"Board", and "he", "him" or "his" for "it", or "its" wherever
appearing and in subsec. (a) changed basis for computation of
Federal portion of old-age assistance.
1948 - Subsec. (a). Act June 14, 1948, substituted $50 for $45
and $20 for $15.
1946 - Subsec. (a). Act Aug. 10, 1946, Sec. 501(a), temporarily
increased maximum monthly State expenditure for an individual to
which Federal Government will contribute from $40 to $45, increased
Federal contribution for assistance from one-half the State's
expenditure to two-thirds the State's expenditure up to $15 monthly
per individual plus one-half the State's expenditure over $15 and
changed the Federal contribution for administration from 5 percent
of Federal contribution for assistance to one-half the State
expenditure for administration. See Effective and Termination Date
of 1946 Amendment note below.
Subsec. (b). Act Aug. 10, 1946, Sec. 501(b), temporarily changed
references to cl. (1) of subsec. (a) to refer to entire subsection,
substituted "the State's proportionate share" for "one-half" in
par. (1) and struck out "increased by 5 per centum" at end of par.
(3). See Effective and Termination Date of 1986 Amendment note
below.
1939 - Act Aug. 10, 1939, amended section generally, including
substitution of $40 for $30 in subsec. (a).

EFFECTIVE DATE OF 1993 AMENDMENT
Section 13741(c) of Pub. L. 103-66 provided that:
"(1) In general. - Except as provided in paragraph (2) of this
subsection, the amendments made by subsections (a) and (b)
[amending this section and sections 603, 1203, and 1353 of this
title and provisions set out as a note under section 1383 of this
title] shall be effective with respect to calendar quarters
beginning on or after April 1, 1994.
"(2) Special rule. - In the case of a State whose legislature
meets biennially, and does not have a regular session scheduled in
calendar year 1994, the amendments made by subsections (a) and (b)
shall be effective no later than the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
enactment of this Act [Aug. 10, 1993]."

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section
121(c)(2) of Pub. L. 99-603, set out as a note under section 502 of
this title.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 2353(a) of Pub. L. 97-35 effective, except
as otherwise specifically provided, Oct. 1, 1981, see section 2354
of Pub. L. 97-35, set out as a note under section 1397 of this
title.

EFFECTIVE DATE OF 1975 AMENDMENT
Section 7 of Pub. L. 93-647, as amended by Pub. L. 94-120, Sec.
3, Oct. 21, 1975, 89 Stat. 609; Pub. L. 94-401, Sec. 2, Sept. 7,
1976, 90 Stat. 1215, eff. Feb. 1, 1976; Pub. L. 95-171, Sec. 1(d),
Nov. 12, 1977, 91 Stat. 1353; eff. Oct. 1, 1977, provided that:
"(a)(1) The amendments made by sections 2 and 5 of this Act
[enacting sections 1397 to 1397f of this title and amending this
section, sections 603, 1203, and 1353 of this title, and provisions
set out as a note under section 1383 of this title] shall be
effective with respect to payments for quarters commencing after
September 30, 1975.
"(2) Notwithstanding the provisions of section 2004 of the Social
Security Act, as amended by this Act [section 1397c of this title],
the first services program year of each State shall begin on
October 1, 1975, and end with the close of, at the option of the
State -
"(A) the day in the twelve-month period beginning October 1,
1975, or
"(B) the day in the twelve-month period beginning October 1,
1976,
which is the last day of the twelve-month period established by the
State as its services program year under that section.
Notwithstanding the provisions of subsection (b) of section 2003 of
the Social Security Act, as amended by this Act [section 1397b(b)
of this title], the aggregate expenditures required by that
subsection with respect to the first services program year of each
State shall be the amount which bears the same ratio to the amount
that would otherwise be required under that subsection as the
number of months in the State's first services program year bears
to twelve.
"(3) Notwithstanding paragraph (1) of this subsection or section
3(f) [set out as a note under section 1397a of this title],
payments under title IV [subchapter IV of this chapter] or section
2002(a)(1) of the Social Security Act [section 1397a(a)(1) of this
title] with respect to expenditures made prior to October 1, 1978,
in connection with the provision of child day care services in day
care centers and group day care homes, in the case of children
between the ages of six weeks and six years, may be made without
regard to the requirements relating to staffing standards which are
imposed by or under section 2002(a)(9)(A)(ii) of such Act [section
1397a(a)(9)(A)(ii) of this title], so long as the staffing
standards actually being applied in the provision of the services
involved (A) comply with applicable State law (as in effect at the
time the services are provided), (B) are no lower than the
corresponding staffing standards which were imposed or required by
applicable State law on September 15, 1975, and (C) are no lower,
in the case of any day care center or group day care home, than the
corresponding standards actually being applied in such center or
home on September 15, 1975.
"(b) The amendments made by section 3 of this Act [amending this
section and sections 602, 603, 606, 622, 1203, 1308, 1315, 1316,
1320b note, and 1383 note of this title, repealing sections 801 to
805 and 1320b of this title, and enacting provisions set out as
notes under section 1320b and 1397a of this title] shall be
effective with respect to payments under sections 403 and 603 of
the Social Security Act [sections 603 and 803 of this title] for
quarters commencing after September 30, 1975, except that the
amendments made by section 3(a) [amending sections 602, 603, 606,
and 623 of this title] shall not be effective with respect to the
Commonwealth of Puerto Rico, the Virgin Islands, or Guam."

EFFECTIVE DATE OF 1972 AMENDMENT
Section 301(e) of Pub. L. 92-512 provided that: "The amendments
made by this section (other than by subsection (b)) [enacting
section 1320b of this title and amending this section and sections
603, 1203, 1253, and 1383] shall be effective July 1, 1972, and the
amendments made by subsection (b) [amending this section and
sections 603, 1203, 1353, and 1383 of this title] shall be
effective January 1, 1973."

EFFECTIVE DATE OF 1968 AMENDMENT
Section 212(e) of Pub. L. 90-248 provided that: "The amendments
made by the preceding subsections of this section [amending this
section and sections 1203, 1353, and 1383 of this title] shall take
effect January 1, 1968."

EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by section 221 of Pub. L. 89-97 applicable in the case
of expenditures made after Dec. 31, 1965, under a State plan
approved under this subchapter, see section 221(e) of Pub. L. 89-
97, set out as a note under section 302 of this title.
Section 401(f) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 603, 1203,
1353, and 1383 of this title] shall apply in the case of
expenditures made after December 31, 1965, under a State plan
approved under title I, IV, X, XIV, or XVI of the Social Security
Act [subchapter I, IV, X, XIV, or XVI of this chapter]."

EFFECTIVE DATE OF 1962 AMENDMENT
Section 202(d) of Pub. L. 87-543 provided that: "The amendments
made by sections 109 and 132 (other than subsections (d) and (e)
thereof) [amending this section and sections 606, 1203, and 1353 of
this title] shall be applicable in the case of expenditures, under
a State plan approved under title I, IV, X, or XIV of the Social
Security Act [subchapter I, IV, X, or XIV of this chapter], as the
case may be, made after September 30, 1962."
Section 202(f) of Pub. L. 87-543 provided that: "The amendments
made by section 101(a) [amending this section and sections 603,
1203, and 1353 of this title] shall be applicable in the case of
expenditures, under a State plan approved under title I, IV, X, or
XIV of the Social Security Act [subchapter I, IV, X, or XIV of this
chapter], as the case may be, made after August 31, 1962. The
amendments made by section 101(b) [amending this section and
sections 603, 608, 609, 1203, and 1353 of this title] shall be
applicable in the case of expenditures, under a State plan approved
under title I, IV, X, or XIV of the Social Security Act, as the
case may be, made after June 30, 1963."

EFFECTIVE DATE OF 1961 AMENDMENTS
Section 303(e) of Pub. L. 87-64, as amended by Pub. L. 87-543,
title I, Sec. 132(e), provided that: "The amendments made by
subsections (a), (b), and (c) of this section [amending this
section and sections 1203 and 1353 of this title] shall apply only
in the case of expenditures made after September 30, 1961, and
before October 1, 1962, under a State plan approved under title I,
X, or XIV, as the case may be, of the Social Security Act
[subchapter I, X, or XIV of this chapter]."
Section 5(c) of Pub. L. 87-31 provided that: "The amendments made
by subsections (a) and (b) [amending this section] shall apply in
the case of expenditures made after June 30, 1961, under a State
plan approved under title I of the Social Security Act [this
subchapter]."

EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86-778 effective Oct. 1, 1960, see section
604 of Pub. L. 86-778, set out as a note under section 301 of this
title.

EFFECTIVE DATE OF 1958 AMENDMENT
Section 512 of Pub. L. 85-840 provided that: "Notwithstanding the
provisions of sections 305 and 345 of the Social Security
Amendments of 1956, as amended [set out as notes below], the
amendments made by sections 501, 502, 503, 504, 505, and 506
[amending this section and sections 603, 1203, 1301, and 1353 of
this title] shall be effective -
"(1) in the case of money payments, under a State plan approved
under title I, IV, X, or XIV of the Social Security Act
[subchapter I, IV, X, or XIV of this chapter], for months after
September 1958, and
"(2) in the case of assistance in the form of medical or any
other type of remedial care, under such a plan, with respect to
expenditures made after September 1958.
The amendment made by section 506 [amending section 1301 of this
title] shall also become effective, for purposes of title V of the
Social Security Act [subchapter V of this chapter], for fiscal
years ending after June 30, 1959. The amendments made by section
507 [amending section 1308 of this title] shall be effective for
fiscal years ending after June 30, 1958. The amendment made by
section 508 [amending section 1304 of this title] shall be
effective for fiscal years ending after June 30, 1959. The
amendment made by section 510 shall become effective October 1,
1958."

EFFECTIVE AND TERMINATION DATE OF 1956 AMENDMENT
Section 345 of act Aug. 1, 1956, provided that: "The amendments
made by this part [part V (Secs. 341-345) of title III of act Aug.
1, 1956, amending this section and sections 603, 1203, and 1353 of
this title] shall be effective for the period beginning October 1,
1956, and ending with the close of June 30, 1959, and after such
amendments cease to be in effect any provision of law amended
thereby shall be in full force and effect as though this part had
not been enacted."

EFFECTIVE DATE OF 1956 AMENDMENT
Section 305 of act Aug. 1, 1956, as amended by Pub. L. 85-110,
July 17, 1957, 71 Stat. 308, provided that:
"(a) Except as provided in subsection (b), the amendments made by
this part [part I (Secs. 301-305) of title III of act Aug. 1, 1956,
amending this section and sections 603, 1203, and 1353 of this
title] shall become effective July 1, 1957.
"(b) The amendments made by any section of this part shall not
apply to any State (as defined in section 1101 of the Social
Security Act [section 1301 of this title] for purposes of title I
thereof [subchapter I of this chapter]) for any fiscal year for
which there is in effect an election by it not to have the
amendments made by such section apply to it. Any such election
shall be in effect for a fiscal year only if notice of the election
has been filed with the Secretary of Health, Education, and Welfare
at some time prior to May 16 of the preceding fiscal year, except
that any such election shall be in effect for the fiscal year
beginning July 1, 1957, if notice of the election is filed with the
Secretary prior to August 1, 1957. An election by a State under
this subsection shall continue in effect until the close of any
fiscal year designated in a notice of termination of such election
which is filed with the Secretary of Health, Education, and Welfare
prior to May 16 of such year. Elections hereunder shall be made,
and notices thereof and notices of termination shall be filed, on
such form or forms and in such manner as the Secretary of Health,
Education, and Welfare may prescribe."

EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT
Section 8(e) of act July 18, 1952, as amended by act Sept. 1,
1954, title III, Sec. 301, provided that: "The amendments made by
this section [amending this section and sections 603, 1203, and
1353 of this title] shall be effective for the period beginning
October 1, 1952, and ending with the close of September 30, 1956,
and after such amendments cease to be in effect any provision of
law amended thereby shall be in full force and effect as though
this Act [July 18, 1952] had not been enacted."

EFFECTIVE DATE OF 1950 AMENDMENT
Section 302(b) of act Aug. 28, 1950, provided that: "The
amendment made by subsection (a) [amending this section] shall take
effect October 1, 1950."

EFFECTIVE DATE OF 1948 AMENDMENT
Section 3(d) of act June 14, 1948, provided that: "The amendments
made by this section [amending this section and sections 603 and
1203 of this title] shall become effective on October 1, 1948."

EFFECTIVE AND TERMINATION DATE OF 1946 AMENDMENT
Section 504 of act Aug. 10, 1946, as amended by act Aug. 6, 1947,
ch. 510, Sec. 3, 61 Stat. 794, provided that: "Sections 501, 502,
and 503 [amending this section and sections 603 and 1203 of this
title] shall be effective with respect to the period commencing
October 1, 1946, and ending on June 30, 1950."

EFFECTIVE DATE OF 1939 AMENDMENT
Section 102 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.


-TRANS-
TRANSFER OF FUNCTIONS
Functions of Federal Security Administrator transferred to
Secretary of Health, Education, and Welfare and all agencies of
Federal Security Agency transferred to Department of Health,
Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
set out as a note under section 3501 of this title. Federal
Security Agency and office of Administrator abolished by section 8
of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
Education, and Welfare redesignated Secretary and Department of
Health and Human Services by section 509(b) of Pub. L. 96-88 which
is classified to section 3508(b) of Title 20, Education.
"Fiscal Service" substituted for "Division of Disbursement" in
subsec. (b)(3) on authority of section 1(a)(1) of Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set
out in the Appendix to Title 5, Government Organization and
Employees, which consolidated such division into Fiscal Service of
Treasury Department. See section 306 of Title 31, Money and
Finance.


-MISC2-
NONDUPLICATION OF PAYMENTS TO STATES: PROHIBITION OF PAYMENTS AFTER
DECEMBER 31, 1969
Prohibition of payments under this subchapter to States with
respect to aid or assistance in form of medical or other type of
remedial care for any period for which States received payments
under subchapter XIX of this chapter or for any period after Dec.
31, 1969, see section 121(b) of Pub. L. 89-97, set out as a note
under section 1396b of this title.

-End-



-CITE-
42 USC Sec. 304 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 304. Stopping payment on deviation from required provisions of
plan or failure to comply therewith

-STATUTE-
In the case of any State plan which has been approved under this
subchapter by the Secretary, if the Secretary, after reasonable
notice and opportunity for hearing to the State agency
administering or supervising the administration of such plan, finds
-
(1) that the plan has been so changed as to impose any age,
residence, or citizenship requirement prohibited by section
302(b) of this title, or that in the administration of the plan
any such prohibited requirement is imposed, with the knowledge of
such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure
to comply substantially with any provision required by section
302(a) of this title to be included in the plan;

the Secretary shall notify such State agency that further payments
will not be made to the State (or, in his discretion, that payments
will be limited to categories under or parts of the State plan not
affected by such failure) until the Secretary is satisfied that
such prohibited requirement is no longer so imposed, and that there
is no longer any such failure to comply. Until he is so satisfied
he shall make no further payments to such State (or shall limit
payments to categories under or parts of the State plan not
affected by such failure).

-SOURCE-
(Aug. 14, 1935, ch. 531, title I, Sec. 4, 49 Stat. 622; Aug. 28,
1950, ch. 809, title III, pt. 6, Sec. 361(c), (d), 64 Stat. 558;
1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Pub. L. 86-778, title VI, Sec. 601(e), Sept.
13, 1960, 74 Stat. 991; Pub. L. 90-248, title II, Sec. 245, Jan. 2,
1968, 81 Stat. 918; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,
1979, 93 Stat. 695.)


-STATAMEND-
REPEAL OF SECTION
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this section is repealed effective Jan.
1, 1974, except with respect to Puerto Rico, Guam, and the Virgin
Islands.


-MISC1-
AMENDMENTS
1968 - Pub. L. 90-248 inserted "(or, in his discretion, that
payments will be limited to categories under or parts of the State
plan not affected by such failure)" after "further payments will
not be made to the State" and substituted in last sentence "further
payments to such State (or shall limit payments to categories under
or parts of the State plan not affected by such failure)" for
"further certification to the Secretary of the Treasury with
respect to such State".
1960 - Pub. L. 86-778 substituted "State plan which has been
approved under this subchapter" for "State plan for old-age
assistance which has been approved".
1950 - Act Aug. 28, 1950, substituted "Administrator" for
"Board", and "he", "him", or "his" for "it", or "its", wherever
appearing.

EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86-778 effective Oct. 1, 1960, see section
604 of Pub. L. 86-778, set out as a note under section 301 of this
title.


-TRANS-
TRANSFER OF FUNCTIONS
Functions of Federal Security Administrator transferred to
Secretary of Health, Education, and Welfare and all agencies of
Federal Security Agency transferred to Department of Health,
Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
set out as a note under section 3501 of this title. Federal
Security Agency and office of Administrator abolished by section 8
of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
Education, and Welfare redesignated Secretary and Department of
Health and Human Services by section 509(b) of Pub. L. 96-88 which
is classified to section 3508(b) of Title 20, Education.

-End-



-CITE-
42 USC Sec. 305 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 305. Omitted

-COD-
CODIFICATION
Section, act Aug. 14, 1935, ch. 531, title I, Sec. 5, 49 Stat.
622, made an appropriation for the fiscal year ending June 30,
1936.

-End-



-CITE-
42 USC Sec. 306 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER I - GRANTS TO STATES FOR OLD-AGE ASSISTANCE

-HEAD-
Sec. 306. Definitions

-STATUTE-
(a) For the purposes of this subchapter, the term "old-age
assistance" means money payments to, or (if provided in or after
the third month before the month in which the recipient makes
application for assistance) medical care in behalf of or any type
of remedial care recognized under State law in behalf of, needy
individuals who are 65 years of age or older, but does not include
any such payments to or care in behalf of any individual who is an
inmate of a public institution (except as a patient in a medical
institution). Such term also includes payments which are not
included within the meaning of such term under the preceding
sentence, but which would be so included except that they are made
on behalf of such a needy individual to another individual who (as
determined in accordance with standards prescribed by the
Secretary) is interested in or concerned with the welfare of such
needy individual, but only with respect to a State whose State plan
approved under section 302 of this title includes provision for -
(1) determination by the State agency that such needy
individual has, by reason of his physical or mental condition,
such inability to manage funds that making payments to him would
be contrary to his welfare and, therefore, it is necessary to
provide such assistance through payments described in this
sentence;
(2) making such payments only in cases in which such payments
will, under the rules otherwise applicable under the State plan
for determining need and the amount of old-age assistance to be
paid (and in conjunction with other income and resources), meet
all the need of the individuals with respect to whom such
payments are made;
(3) undertaking and continuing special efforts to protect the
welfare of such individual and to improve, to the extent
possible, his capacity for self-care and to manage funds;
(4) periodic review by such State agency of the determination
under paragraph (1) of this subsection to ascertain whether
conditions justifying such determination still exist, with
provision for termination of such payments if they do not and for
seeking judicial appointment of a guardian or other legal
representative, as described in section 1311 of this title, if
and when it appears that such action will best serve the
interests of such needy individual; and
(5) opportunity for a fair hearing before the State agency on
the determination referred to in paragraph (1) of this subsection
for any individual with respect to whom it is made.

At the option of a State (if its plan approved under this
subchapter so provides), such term (i) need not include money
payments to an individual who has been absent from such State for a
period in excess of 90 consecutive days (regardless of whether he
has maintained his residence in such State during such period)
until he has been present in such State for 30 consecutive days in
the case of such an individual who has maintained his residence in
such State during such period or 90 consecutive days in the case of
any other such individual, and (ii) may include rent payments made
directly to a public housing agency on behalf of a recipient or a
group or groups of recipients of assistance under such plan.
(b), (c) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(5),
Aug. 13, 1981, 95 Stat. 817.

-SOURCE-
(Aug. 14, 1935, ch. 531, title I, Sec. 6, 49 Stat. 622; Aug. 10,
1939, ch. 666, title I, Sec. 103, 53 Stat. 1362; Aug. 28, 1950, ch.
809, title III, pt. 1, Sec. 303(a), 64 Stat. 549; Pub. L. 86-778,
title VI, Sec. 601(f), Sept. 13, 1960, 74 Stat. 991; Pub. L. 87-
543, title I, Sec. 156(a), July 25, 1962, 76 Stat. 207; Pub. L. 89-
97, title II, Secs. 221(a)(1), (2), 222(a), title IV, Sec. 402(a),
July 30, 1965, 79 Stat. 356, 360, 415; Pub. L. 92-603, title IV,
Secs. 408(a), 409(a), Oct. 30, 1972, 86 Stat. 1489, 1490; Pub. L.
97-35, title XXI, Sec. 2184(a)(5), Aug. 13, 1981, 95 Stat. 817.)


-STATAMEND-
REPEAL OF SECTION
Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86
Stat. 1484, provided that this section is repealed effective Jan.
1, 1974, except with respect to Puerto Rico, Guam, and the Virgin
Islands.


-MISC1-
AMENDMENTS
1981 - Subsecs. (b), (c). Pub. L. 97-35 struck out subsecs. (b)
and (c) which defined "medical assistance for the aged" and
"Federal medical percentage", respectively.
1972 - Subsec. (a). Pub. L. 92-603 authorized the State, at its
option, to include within term "old-age assistance" provisions
relating to money payments to an individual absent from such State
for more than 90 consecutive days, and provisions relating to rent
payments made directly to a public housing agency.
1965 - Subsec. (a). Pub. L. 89-97, Sec. 221(a)(1), struck out
from definition of "old-age assistance" the exclusion of (1)
payments to or medical care in behalf of any individual who is a
patient in an institution for tuberculosis or mental diseases, or
(2) payments to any individual who has been diagnosed as having
tuberculosis or psychosis and is a patient in a medical institution
as a result thereof, or (3) medical care in behalf of any
individual, who is a patient in a medical institution as a result
of a diagnosis that he has tuberculosis or psychosis, with respect
to any period after the individual has been a patient in such an
institution, as a result of such diagnosis, for forty-two days.
Pub. L. 89-97, Sec. 402(a), extended definition of "old-age
assistance" to include payments made on behalf of the recipient to
an individual who (as determined in accordance with the standards
prescribed by the Secretary) is interested in or concerned with the
welfare of the recipient and inserted an enumeration of the five
characteristics required of State plans under which such payments
can be made, including provision for finding of inability to manage
funds, payment to meet all needs, special efforts to protect
welfare, periodic review, and opportunity for fair hearing.
Subsec. (b). Pub. L. 89-97, Secs. 221(a)(2), 222(a), struck out
from provision at end of cl. (12) excluding certain payments from
definition of "medical assistance for the aged" payments with
respect to care or services for any individual who is a patient in
an institution for tuberculosis or mental diseases or for any
individual who is a patient in a medical institution as a result of
a diagnosis of tuberculosis or psychosis, with respect to any
period after the individual has been a patient in such an
institution, for forty-two days and inserted in text preceding cl.
(1) "(except, for any month, for recipients of old-age assistance
who are admitted to or discharged from a medical institution during
such month)" after "who are not recipients of old-age assistance",
respectively.
1962 - Subsec. (a). Pub. L. 87-543, Sec. 156(a)(1), inserted "(if
provided in or after the third month before the month in which the
recipient makes application for assistance)" before "medical care".
Subsec. (b). Pub. L. 87-543, Sec. 156(a)(2), inserted "(if
provided in or after the third month before the month in which the
recipient makes application for assistance)" after "care and
services".
1960 - Subsec. (a). Pub. L. 86-778, Sec. 601(f)(1), (2),
designated existing provisions as subsec. (a) and inserted
provisions excluding from definition of "old-age assistance" any
care in behalf of any individual, who is a patient in a medical
institution as a result of a diagnosis that he has tuberculosis or
psychosis, with respect to any period after the individual has been
a patient in an institution, as a result of such diagnosis, for
forty-two days.
Subsecs. (b), (c). Pub. L. 86-778, Sec. 601(f)(2), added subsecs.
(b) and (c).
1950 - Act Aug. 28, 1950, redefined "old-age assistance".
1939 - Act Aug. 10, 1939, inserted "needy" before "individuals
who".

EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by section 221 of Pub. L. 89-97 applicable in the case
of expenditures made after Dec. 31, 1965, under a State plan
approved under this subchapter, see section 221(e) of Pub. L. 89-
97, set out as a note under section 302 of this title.
Section 222(c) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and section 1385 of
this title] shall apply in the case of expenditures under a State
plan approved under title I or XVI of the Social Security Act
[subchapter I or XVI of this chapter] with respect to care and
services provided under such plan after June 1965."
Section 402(e) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 1206,
1355, and 1385 of this title] shall apply in the case of
expenditures made after December 31, 1965, under a State plan
approved under title I, X, XIV or XVI of the Social Security Act
[subchapter I, X, XIV, or XVI of this chapter]."

EFFECTIVE DATE OF 1962 AMENDMENT
Section 156(e) of Pub. L. 87-543 provided that: "The amendments
made by this section [amending this section and sections 606, 1206,
and 1355 of this title] shall apply in the case of applications
made after September 30, 1962, under a State plan approved under
title I, IV, X, or XIV of the Social Security Act [subchapter I,
IV, X, or XIV of this chapter]."

EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86-778 effective Oct. 1, 1960, see section
604 of Pub. L. 86-778, set out as a note under section 301 of this
title.

EFFECTIVE DATE OF 1950 AMENDMENT
Section 303(b) of act Aug. 28, 1950, provided that: "The
amendment made by subsection (a) [amending this section] shall take
effect October 1, 1950, except that the exclusion of money payments
to needy individuals described in clause (a) or (b) of section 6 of
the Social Security Act as so amended [clauses (a) or (b) of this
section] shall, in the case of any of such individuals who are not
patients in a public institution, be effective July 1, 1952."

-End-


-CITE-
42 USC SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND
DISABILITY INSURANCE BENEFITS 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

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


-MISC1-
AMENDMENTS
1956 - Act Aug. 1, 1956, ch. 836, title I, Sec. 103(i), 70 Stat.
824, included disability insurance benefits in subchapter heading.

-End-



-CITE-
42 USC Sec. 401 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 401. Trust Funds

-STATUTE-
(a) Federal Old-Age and Survivors Insurance Trust Fund
There is hereby created on the books of the Treasury of the
United States a trust fund to be known as the "Federal Old-Age and
Survivors Insurance Trust Fund". The Federal Old-Age and Survivors
Insurance Trust Fund shall consist of the securities held by the
Secretary of the Treasury for the Old-Age Reserve Account and the
amount standing to the credit of the Old-Age Reserve Account on the
books of the Treasury on January 1, 1940, which securities and
amount the Secretary of the Treasury is authorized and directed to
transfer to the Federal Old-Age and Survivors Insurance Trust Fund,
and, in addition, such gifts and bequests as may be made as
provided in subsection (i)(1) of this section, and such amounts as
may be appropriated to, or deposited in, the Federal Old-Age and
Survivors Insurance Trust Fund as hereinafter provided. There is
hereby appropriated to the Federal Old-Age and Survivors Insurance
Trust Fund for the fiscal year ending June 30, 1941, and for each
fiscal year thereafter, out of any moneys in the Treasury not
otherwise appropriated, amounts equivalent to 100 per centum of -
(1) the taxes (including interest, penalties, and additions to
the taxes) received under subchapter A of chapter 9 of the
Internal Revenue Code of 1939 (and covered into the Treasury)
which are deposited into the Treasury by collectors of internal
revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of
Internal Revenue as taxes received under subchapter A of chapter
9 of such Code which are deposited into the Treasury by
collectors of internal revenue after December 31, 1950, and
before January 1, 1953, with respect to assessments of such taxes
made before January 1, 1951; and
(3) the taxes imposed by subchapter A of chapter 9 of such Code
with respect to wages (as defined in section 1426 of such Code),
and by chapter 21 (other than sections 3101(b) and 3111(b)) of
the Internal Revenue Code of 1954 with respect to wages (as
defined in section 3121 of such Code) reported to the
Commissioner of Internal Revenue pursuant to section 1420(c) of
the Internal Revenue Code of 1939 after December 31, 1950, or to
the Secretary of the Treasury or his delegates pursuant to
subtitle F of the Internal Revenue Code of 1954 after December
31, 1954, as determined by the Secretary of the Treasury by
applying the applicable rates of tax under such subchapter or
chapter 21 (other than sections 3101(b) and 3111(b)) to such
wages, which wages shall be certified by the Commissioner of
Social Security on the basis of the records of wages established
and maintained by such Commissioner in accordance with such
reports, less the amounts specified in clause (1) of subsection
(b) of this section; and
(4) the taxes imposed by subchapter E of chapter 1 of the
Internal Revenue Code of 1939, with respect to self-employment
income (as defined in section 481 of such Code), and by chapter 2
(other than section 1401(b)) of the Internal Revenue Code of 1954
with respect to self-employment income (as defined in section
1402 of such Code) reported to the Commissioner of Internal
Revenue on tax returns under such subchapter or to the Secretary
of the Treasury or his delegate on tax returns under subtitle F
of such Code, as determined by the Secretary of the Treasury by
applying the applicable rate of tax under such subchapter or
chapter (other than section 1401(b)) to such self-employment
income, which self-employment income shall be certified by the
Commissioner of Social Security on the basis of the records of
self-employment income established and maintained by the
Commissioner of Social Security in accordance with such returns,
less the amounts specified in clause (2) of subsection (b) of
this section.

The amounts appropriated by clauses (3) and (4) of this subsection
shall be transferred from time to time from the general fund in the
Treasury to the Federal Old-Age and Survivors Insurance Trust Fund,
and the amounts appropriated by clauses (1) and (2) of subsection
(b) of this section shall be transferred from time to time from the
general fund in the Treasury to the Federal Disability Insurance
Trust Fund, such amounts to be determined on the basis of estimates
by the Secretary of the Treasury of the taxes, specified in clauses
(3) and (4) of this subsection, paid to or deposited into the
Treasury; and proper adjustments shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or were less than the taxes specified in such clauses (3)
and (4) of this subsection. All amounts transferred to either Trust
Fund under the preceding sentence shall be invested by the Managing
Trustee in the same manner and to the same extent as the other
assets of such Trust Fund. Notwithstanding the preceding sentence,
in any case in which the Secretary of the Treasury determines that
the assets of either such Trust Fund would otherwise be inadequate
to meet such Fund's obligations for any month, the Secretary of the
Treasury shall transfer to such Trust Fund on the first day of such
month the amount which would have been transferred to such Fund
under this section as in effect on October 1, 1990; and such Trust
Fund shall pay interest to the general fund on the amount so
transferred on the first day of any month at a rate (calculated on
a daily basis, and applied against the difference between the
amount so transferred on such first day and the amount which would
have been transferred to the Trust Fund up to that day under the
procedures in effect on January 1, 1983) equal to the rate earned
by the investments of such Fund in the same month under subsection
(d) of this section.
(b) Federal Disability Insurance Trust Fund
There is hereby created on the books of the Treasury of the
United States a trust fund to be known as the "Federal Disability
Insurance Trust Fund". The Federal Disability Insurance Trust Fund
shall consist of such gifts and bequests as may be made as provided
in subsection (i)(1) of this section, and such amounts as may be
appropriated to, or deposited in, such fund as provided in this
section. There is hereby appropriated to the Federal Disability
Insurance Trust Fund for the fiscal year ending June 30, 1957, and
for each fiscal year thereafter, out of any moneys in the Treasury
not otherwise appropriated, amounts equivalent to 100 per centum of
-
(1)(A) 1/2 of 1 per centum of the wages (as defined in
section 3121 of the Internal Revenue Code of 1954) paid after
December 31, 1956, and before January 1, 1966, and reported to
the Secretary of the Treasury or his delegate pursuant to
subtitle F of the Internal Revenue Code of 1954, (B) 0.70 of 1
per centum of the wages (as so defined) paid after December 31,
1965, and before January 1, 1968, and so reported, (C) 0.95 of 1
per centum of the wages (as so defined) paid after December 31,
1967, and before January 1, 1970, and so reported, (D) 1.10 per
centum of the wages (as so defined) paid after December 31, 1969,
and before January 1, 1973, and so reported, (E) 1.1 per centum
of the wages (as so defined) paid after December 31, 1972, and
before January 1, 1974, and so reported, (F) 1.15 per centum of
the wages (as so defined) paid after December 31, 1973, and
before January 1, 1978, and so reported, (G) 1.55 per centum of
the wages (as so defined) paid after December 31, 1977, and
before January 1, 1979, and so reported, (H) 1.50 per centum of
the wages (as so defined) paid after December 31, 1978, and
before January 1, 1980, and so reported, (I) 1.12 per centum of
the wages (as so defined) paid after December 31, 1979, and
before January 1, 1981, and so reported, (J) 1.30 per centum of
the wages (as so defined) paid after December 31, 1980, and
before January 1, 1982, and so reported, (K) 1.65 per centum of
the wages (as so defined) paid after December 31, 1981, and
before January 1, 1983, and so reported, (L) 1.25 per centum of
the wages (as so defined) paid after December 31, 1982, and
before January 1, 1984, and so reported, (M) 1.00 per centum of
the wages (as so defined) paid after December 31, 1983, and
before January 1, 1988, and so reported, (N) 1.06 per centum of
the wages (as so defined) paid after December 31, 1987, and
before January 1, 1990, and so reported, (O) 1.20 per centum of
the wages (as so defined) paid after December 31, 1989, and
before January 1, 1994, and so reported, (P) 1.88 per centum of
the wages (as so defined) paid after December 31, 1993, and
before January 1, 1997, and so reported, (Q) 1.70 per centum of
the wages (as so defined) paid after December 31, 1996, and
before January 1, 2000, and so reported, and (R) 1.80 per centum
of the wages (as so defined) paid after December 31, 1999, and so
reported, which wages shall be certified by the Commissioner of
Social Security on the basis of the records of wages established
and maintained by such Commissioner in accordance with such
reports; and
(2)(A) 3/8 of 1 per centum of the amount of self-employment
income (as defined in section 1402 of the Internal Revenue Code
of 1954) reported to the Secretary of the Treasury or his
delegate on tax returns under subtitle F of the Internal Revenue
Code of 1954 for any taxable year beginning after December 31,
1956, and before January 1, 1966, (B) 0.525 of 1 per centum of
the amount of self-employment income (as so defined) so reported
for any taxable year beginning after December 31, 1965, and
before January 1, 1968, (C) 0.7125 of 1 per centum of the amount
of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1967, and before
January 1, 1970, (D) 0.825 of 1 per centum of the amount of self-
employment income (as so defined) so reported for any taxable
year beginning after December 31, 1969, and before January 1,
1973, (E) 0.795 of 1 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1972, and before January 1, 1974, (F) 0.815 of
1 per centum of the amount of self-employment income (as so
defined) as reported for any taxable year beginning after
December 31, 1973, and before January 1, 1978, (G) 1.090 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1977,
and before January 1, 1979, (H) 1.0400 per centum of the amount
of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1978, and before
January 1, 1980, (I) 0.7775 per centum of the amount of self-
employment income (as so defined) so reported for any taxable
year beginning after December 31, 1979, and before January 1,
1981, (J) 0.9750 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1980, and before January 1, 1982, (K) 1.2375
per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1981, and before January 1, 1983, (L) 0.9375 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1982,
and before January 1, 1984, (M) 1.00 per centum of the amount of
self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1983, and before
January 1, 1988, (N) 1.06 per centum of the self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1987, and before January 1, 1990, (O) 1.20 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1989,
and before January 1, 1994, (P) 1.88 per centum of the amount of
self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1993, and before
January 1, 1997, (Q) 1.70 per centum of the amount of self-
employment income (as so defined) so reported for any taxable
year beginning after December 31, 1996, and before January 1,
2000, and (R) 1.80 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1999, which self-employment income shall be
certified by the Commissioner of Social Security on the basis of
the records of self-employment income established and maintained
by the Commissioner of Social Security in accordance with such
returns.
(c) Board of Trustees; duties; reports to Congress
With respect to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund (hereinafter
in this subchapter called the "Trust Funds") there is hereby
created a body to be known as the Board of Trustees of the Trust
Funds (hereinafter in this subchapter called the "Board of
Trustees") which Board of Trustees shall be composed of the
Commissioner of Social Security, the Secretary of the Treasury, the
Secretary of Labor, and the Secretary of Health and Human Services,
all ex officio, and of two members of the public (both of whom may
not be from the same political party), who shall be nominated by
the President for a term of four years and subject to confirmation
by the Senate. A member of the Board of Trustees serving as a
member of the public and nominated and confirmed to fill a vacancy
occurring during a term shall be nominated and confirmed only for
the remainder of such term. An individual nominated and confirmed
as a member of the public may serve in such position after the
expiration of such member's term until the earlier of the time at
which the member's successor takes office or the time at which a
report of the Board is first issued under paragraph (2) after the
expiration of the member's term. The Secretary of the Treasury
shall be the Managing Trustee of the Board of Trustees (hereinafter
in this subchapter called the "Managing Trustee"). The Deputy
Commissioner of Social Security shall serve as Secretary of the
Board of Trustees. The Board of Trustees shall meet not less
frequently than once each calendar year. It shall be the duty of
the Board of Trustees to -
(1) Hold the Trust Funds;
(2) Report to the Congress not later than the first day of
April of each year on the operation and status of the Trust Funds
during the preceding fiscal year and on their expected operation
and status during the next ensuing five fiscal years;
(3) Report immediately to the Congress whenever the Board of
Trustees is of the opinion that the amount of either of the Trust
Funds is unduly small;
(4) Recommend improvements in administrative procedures and
policies designed to effectuate the proper coordination of the
old-age and survivors insurance and Federal-State unemployment
compensation program; and
(5) Review the general policies followed in managing the Trust
Funds, and recommend changes in such policies, including
necessary changes in the provisions of the law which govern the
way in which the Trust Funds are to be managed.

The report provided for in paragraph (2) of this subsection shall
include a statement of the assets of, and the disbursements made
from, the Trust Funds during the preceding fiscal year, an estimate
of the expected future income to, and disbursements to be made
from, the Trust Funds during each of the next ensuing five fiscal
years, and a statement of the actuarial status of the Trust Funds.
Such statement shall include a finding by the Board of Trustees as
to whether the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund, individually and
collectively, are in close actuarial balance (as defined by the
Board of Trustees). Such report shall include an actuarial opinion
by the Chief Actuary of the Social Security Administration
certifying that the techniques and methodologies used are generally
accepted within the actuarial profession and that the assumptions
and cost estimates used are reasonable. Such report shall also
include an actuarial analysis of the benefit disbursements made
from the Federal Old-Age and Survivors Insurance Trust Fund with
respect to disabled beneficiaries. Such report shall be printed as
a House document of the session of the Congress to which the report
is made. A person serving on the Board of Trustees shall not be
considered to be a fiduciary and shall not be personally liable for
actions taken in such capacity with respect to the Trust Funds.
(d) Investments
It shall be the duty of the Managing Trustee to invest such
portion of the Trust Funds as is not, in his judgment, required to
meet current withdrawals. Such investments may be made only in
interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States.
For such purpose such obligations may be acquired (1) on original
issue at the issue price, or (2) by purchase of outstanding
obligations at the market price. The purposes for which obligations
of the United States may be issued under chapter 31 of title 31 are
hereby extended to authorize the issuance at par of public-debt
obligations for purchase by the Trust Funds. Such obligations
issued for purchase by the Trust Funds shall have maturities fixed
with due regard for the needs of the Trust Funds and shall bear
interest at a rate equal to the average market yield (computed by
the Managing Trustee on the basis of market quotations as of the
end of the calendar month next preceding the date of such issue) on
all marketable interest-bearing obligations of the United States
then forming a part of the public debt which are not due or
callable until after the expiration of four years from the end of
such calendar month; except that where such average market yield is
not a multiple of one-eighth of 1 per centum, the rate of interest
of such obligations shall be the multiple of one-eighth of 1 per
centum nearest such market yield. Each obligation issued for
purchase by the Trust Funds under this subsection shall be
evidenced by a paper instrument in the form of a bond, note, or
certificate of indebtedness issued by the Secretary of the Treasury
setting forth the principal amount, date of maturity, and interest
rate of the obligation, and stating on its face that the obligation
shall be incontestable in the hands of the Trust Fund to which it
is issued, that the obligation is supported by the full faith and
credit of the United States, and that the United States is pledged
to the payment of the obligation with respect to both principal and
interest. The Managing Trustee may purchase other interest-bearing
obligations of the United States or obligations guaranteed as to
both principal and interest by the United States, on original issue
or at the market price, only where he determines that the purchase
of such other obligations is in the public interest.
(e) Sale of acquired obligations
Any obligations acquired by the Trust Funds (except public-debt
obligations issued exclusively to the Trust Funds) may be sold by
the Managing Trustee at the market price, and such public-debt
obligations may be redeemed at par plus accrued interest.
(f) Proceeds from sale or redemption of obligations; interest
The interest on, and the proceeds from the sale or redemption of,
any obligations held in the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund shall be
credited to and form a part of the Federal Old-Age and Survivors
Insurance Trust Fund and the Disability Insurance Trust Fund,
respectively. Payment from the general fund of the Treasury to
either of the Trust Funds of any such interest or proceeds shall be
in the form of paper checks drawn on such general fund to the order
of such Trust Fund.
(g) Payments into Treasury
(1)(A) The Managing Trustee of the Trust Funds (which for
purposes of this paragraph shall include also the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund established by subchapter XVIII of this
chapter) is directed to pay from the Trust Funds into the Treasury -

(i) (!1) the amounts estimated by the Managing Trustee, the
Commissioner of Social Security, and the Secretary of Health and
Human Services which will be expended, out of moneys appropriated
from the general fund in the Treasury, during a three-month
period by the Department of Health and Human Services for the
administration of subchapter XVIII of this chapter, and by the
Department of the Treasury for the administration of subchapters
II and XVIII of this chapter and chapters 2 and 21 of the
Internal Revenue Code of 1986, less

(ii) (!1) the amounts estimated (pursuant to the applicable
method prescribed under paragraph (4) of this subsection) by the
Commissioner of Social Security which will be expended, out of
moneys made available for expenditures from the Trust Funds,
during such three-month period to cover the cost of carrying out
the functions of the Social Security Administration, specified in
section 432 of this title, which relate to the administration of
provisions of the Internal Revenue Code of 1986 other than those
referred to in clause (i) and the functions of the Social
Security Administration in connection with the withholding of
taxes from benefits, as described in section 407(c) of this
title, pursuant to requests by persons entitled to such benefits
or such persons' representative payee.

Such payments shall be carried into the Treasury as the net amount
of repayments due the general fund account for reimbursement of
expenses incurred in connection with the administration of
subchapters II and XVIII of this chapter and chapters 2 and 21 of
the Internal Revenue Code of 1986. A final accounting of such
payments for any fiscal year shall be made at the earliest
practicable date after the close thereof. There are hereby
authorized to be made available for expenditure, out of any or all
of the Trust Funds, such amounts as the Congress may deem
appropriate to pay the costs of the part of the administration of
this subchapter, subchapter VIII of this chapter, subchapter XVI of
this chapter, and subchapter XVIII of this chapter for which the
Commissioner of Social Security is responsible, the costs of
subchapter XVIII of this chapter for which the Secretary of Health
and Human Services is responsible, and the costs of carrying out
the functions of the Social Security Administration, specified in
section 432 of this title, which relate to the administration of
provisions of the Internal Revenue Code of 1986 other than those
referred to in clause (i) of the first sentence of this
subparagraph and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 407(c) of this title, pursuant to
requests by persons entitled to such benefits or such persons'
representative payee. Of the amounts authorized to be made
available out of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund under the
preceding sentence, there are hereby authorized to be made
available from either or both of such Trust Funds for continuing
disability reviews -
(i) (!1) for fiscal year 1996, $260,000,000;
(ii) (!1) for fiscal year 1997, $360,000,000;
(iii) for fiscal year 1998, $570,000,000;
(iv) for fiscal year 1999, $720,000,000;
(v) for fiscal year 2000, $720,000,000;
(vi) for fiscal year 2001, $720,000,000; and
(viii) (!2) for fiscal year 2002, $720,000,000.


For purposes of this subparagraph, the term "continuing disability
review" means a review conducted pursuant to section 421(i) of this
title and a review or disability eligibility redetermination
conducted to determine the continuing disability and eligibility of
a recipient of benefits under the supplemental security income
program under subchapter XVI of this chapter, including any review
or redetermination conducted pursuant to section 207 or 208 of the
Social Security Independence and Program Improvements Act of 1994
(Public Law 103-296).
(B) After the close of each fiscal year -
(i) the Commissioner of Social Security shall determine -
(I) the portion of the costs, incurred during such fiscal
year, of administration of this subchapter, subchapter VIII of
this chapter, subchapter XVI of this chapter, and subchapter
XVIII of this chapter for which the Commissioner is responsible
and of carrying out the functions of the Social Security
Administration, specified in section 432 of this title, which
relate to the administration of provisions of the Internal
Revenue Code of 1986 (other than those referred to in clause
(i) of the first sentence of subparagraph (A)) and the
functions of the Social Security Administration in connection
with the withholding of taxes from benefits, as described in
section 407(c) of this title, pursuant to requests by persons
entitled to such benefits or such persons' representative
payee, which should have been borne by the general fund of the
Treasury,
(II) the portion of such costs which should have been borne
by the Federal Old-Age and Survivors Insurance Trust Fund,
(III) the portion of such costs which should have been borne
by the Federal Disability Insurance Trust Fund,
(IV) the portion of such costs which should have been borne
by the Federal Hospital Insurance Trust Fund, and
(V) the portion of such costs which should have been borne by
the Federal Supplementary Medical Insurance Trust Fund (and, of
such portion, the portion of such costs which should have been
borne by the Medicare Prescription Drug Account in such Trust
Fund), and

(ii) the Secretary of Health and Human Services shall determine
-
(I) the portion of the costs, incurred during such fiscal
year, of the administration of subchapter XVIII of this chapter
for which the Secretary is responsible, which should have been
borne by the general fund of the Treasury,
(II) the portion of such costs which should have been borne
by the Federal Hospital Insurance Trust Fund, and
(III) the portion of such costs which should have been borne
by the Federal Supplementary Medical Insurance Trust Fund (and,
of such portion, the portion of such costs which should have
been borne by the Medicare Prescription Drug Account in such
Trust Fund).

(C) After the determinations under subparagraph (B) have been
made for any fiscal year, the Commisioner (!3) of Social Security
and the Secretary shall each certify to the Managing Trustee the
amounts, if any, which should be transferred from one to any of the
other such Trust Funds and the amounts, if any, which should be
transferred between the Trust Funds (or one of the Trust Funds) and
the general fund of the Treasury, in order to ensure that each of
the Trust Funds and the general fund of the Treasury have borne
their proper share of the costs, incurred during such fiscal year,
for -

(i) the parts of the administration of this subchapter,
subchapter VIII of this chapter, subchapter XVI of this chapter,
and subchapter XVIII of this chapter for which the Commissioner
of Social Security is responsible,
(ii) the parts of the administration of subchapter XVIII of
this chapter for which the Secretary is responsible, and
(iii) carrying out the functions of the Social Security
Administration, specified in section 432 of this title, which
relate to the administration of provisions of the Internal
Revenue Code of 1986 (other than those referred to in clause (i)
of the first sentence of subparagraph (A)) and the functions of
the Social Security Administration in connection with the
withholding of taxes from benefits, as described in section
407(c) of this title, pursuant to requests by persons entitled to
such benefits or such persons' representative payee.

The Managing Trustee shall transfer any such amounts in accordance
with any certification so made.
(D) The determinations required under subclauses (IV) and (V) of
subparagraph (B)(i) shall be made in accordance with the cost
allocation methodology in existence on August 15, 1994, until such
time as the methodology for making the determinations required
under such subclauses is revised by agreement of the Commissioner
and the Secretary, except that the determination of the amounts to
be borne by the general fund of the Treasury with respect to
expenditures incurred in carrying out the functions of the Social
Security Administration specified in section 432 of this title and
the functions of the Social Security Administration in connection
with the withholding of taxes from benefits as described in section
407(c) of this title shall be made pursuant to the applicable
method prescribed under paragraph (4).
(2) The Managing Trustee is directed to pay from time to time
from the Trust Funds into the Treasury the amount estimated by him
as taxes imposed under section 3101(a) of the Internal Revenue Code
of 1986 which are subject to refund under section 6413(c) of such
Code with respect to wages (as defined in section 3121 of such
Code). Such taxes shall be determined on the basis of the records
of wages maintained by the Commissioner of Social Security in
accordance with the wages reported to the Secretary of the Treasury
or his delegate pursuant to subtitle F of such Code, and the
Commissioner of Social Security shall furnish the Managing Trustee
such information as may be required by the Trustee for such
purpose. The payments by the Managing Trustee shall be covered into
the Treasury as repayments to the account for refunding internal
revenue collections. Payments pursuant to the first sentence of
this paragraph shall be made from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund in the ratio in which amounts were appropriated to such Trust
Funds under clause (3) of subsection (a) of this section and clause
(1) of subsection (b) of this section.
(3) Repayments made under paragraph (1) or (2) of this subsection
shall not be available for expenditures but shall be carried to the
surplus fund of the Treasury. If it subsequently appears that the
estimates under either such paragraph in any particular period were
too high or too low, appropriate adjustments shall be made by the
Managing Trustee in future payments.
(4) The Commissioner of Social Security shall utilize the method
prescribed pursuant to this paragraph, as in effect immediately
before August 15, 1994, for determining the costs which should be
borne by the general fund of the Treasury of carrying out the
functions of the Commissioner, specified in section 432 of this
title, which relate to the administration of provisions of the
Internal Revenue Code of 1986 (other than those referred to in
clause (i) of the first sentence of paragraph (1)(A)). The Board of
Trustees of such Trust Funds shall prescribe the method of
determining the costs which should be borne by the general fund in
the Treasury of carrying out the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 407(c) of this title, pursuant to
requests by persons entitled to such benefits or such persons'
representative payee. If at any time or times thereafter the Boards
of Trustees of such Trust Funds consider such action advisable,
they may modify the method of determining such costs.
(h) Benefit payments
Benefit payments required to be made under section 423 of this
title, and benefit payments required to be made under subsection
(b), (c), or (d) of section 402 of this title to individuals
entitled to benefits on the basis of the wages and self-employment
income of an individual entitled to disability insurance benefits,
shall be made only from the Federal Disability Insurance Trust
Fund. All other benefit payments required to be made under this
subchapter (other than section 426 of this title) shall be made
only from the Federal Old-Age and Survivors Insurance Trust Fund.
(i) Gifts and bequests
(1) The Managing Trustee may accept on behalf of the United
States money gifts and bequests made unconditionally to the Federal
Old-Age and Survivors Insurance Trust Fund, the Federal Disability
Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or
the Federal Supplementary Medical Insurance Trust Fund (and for the
Medicare Prescription Drug Account and the Transitional Assistance
Account in such Trust Fund) or to the Social Security
Administration, the Department of Health and Human Services, or any
part or officer thereof, for the benefit of any of such Funds or
any activity financed through such Funds.
(2) Any such gift accepted pursuant to the authority granted in
paragraph (1) of this subsection shall be deposited in -
(A) the specific trust fund designated by the donor or
(B) if the donor has not so designated, the Federal Old-Age and
Survivors Insurance Trust Fund.
(j) Travel expenses
There are authorized to be made available for expenditure, out of
the Federal Old-Age and Survivors Insurance Trust Fund, or the
Federal Disability Insurance Trust Fund (as determined appropriate
by the Commissioner of Social Security), such amounts as are
required to pay travel expenses, either on an actual cost or
commuted basis, to individuals for travel incident to medical
examinations requested by the Commissioner of Social Security in
connection with disability determinations under this subchapter,
and to parties, their representatives, and all reasonably necessary
witnesses for travel within the United States (as defined in
section 410(i) of this title) to attend reconsideration interviews
and proceedings before administrative law judges with respect to
any determination under this subchapter. The amount available under
the preceding sentence for payment for air travel by any person
shall not exceed the coach fare for air travel between the points
involved unless the use of first-class accommodations is required
(as determined under regulations of the Commissioner of Social
Security) because of such person's health condition or the
unavailability of alternative accommodations; and the amount
available for payment for other travel by any person shall not
exceed the cost of travel (between the points involved) by the most
economical and expeditious means of transportation appropriate to
such person's health condition, as specified in such regulations.
The amount available for payment under this subsection for travel
by a representative to attend an administrative proceeding before
an administrative law judge or other adjudicator shall not exceed
the maximum amount allowable under this subsection for such travel
originating within the geographic area of the office having
jurisdiction over such proceeding.
(k) Experiment and demonstration project expenditures
Expenditures made for experiments and demonstration projects
under section 434 of this title shall be made from the Federal
Disability Insurance Trust Fund and the Federal Old-Age and
Survivors Insurance Trust Fund, as determined appropriate by the
Commissioner of Social Security.
(l) Interfund borrowing
(1) If at any time prior to January 1988 the Managing Trustee
determines that borrowing authorized under this subsection is
appropriate in order to best meet the need for financing the
benefit payments from the Federal Old-Age and Survivors Insurance
Trust Fund or the Federal Disability Insurance Trust Fund, the
Managing Trustee may borrow such amounts as he determines to be
appropriate from the other such Trust Fund, or, subject to
paragraph (5), from the Federal Hospital Insurance Trust Fund
established under section 1395i of this title, for transfer to and
deposit in the Trust Fund whose need for financing is involved.
(2) In any case where a loan has been made to a Trust Fund under
paragraph (1), there shall be transferred on the last day of each
month after such loan is made, from the borrowing Trust Fund to the
lending Trust Fund, the total interest accrued to such day with
respect to the unrepaid balance of such loan at a rate equal to the
rate which the lending Trust Fund would earn on the amount involved
if the loan were an investment under subsection (d) of this section
(even if such an investment would earn interest at a rate different
than the rate earned by investments redeemed by the lending fund in
order to make the loan).
(3)(A) If in any month after a loan has been made to a Trust Fund
under paragraph (1), the Managing Trustee determines that the
assets of such Trust Fund are sufficient to permit repayment of all
or part of any loans made to such Fund under paragraph (1), he
shall make such repayments as he determines to be appropriate.
(B)(i) If on the last day of any year after a loan has been made
under paragraph (1) by the Federal Hospital Insurance Trust Fund to
the Federal Old-Age and Survivors Insurance Trust Fund or the
Federal Disability Insurance Trust Fund, the Managing Trustee
determines that the OASDI trust fund ratio exceeds 15 percent, he
shall transfer from the borrowing Trust Fund to the Federal
Hospital Insurance Trust Fund an amount that -
(I) together with any amounts transferred from another
borrowing Trust Fund under this paragraph for such year, will
reduce the OASDI trust fund ratio to 15 percent; and
(II) does not exceed the outstanding balance of such loan.

(ii) Amounts required to be transferred under clause (i) shall be
transferred on the last day of the first month of the year
succeeding the year in which the determination described in clause
(i) is made.
(iii) For purposes of this subparagraph, the term "OASDI trust
fund ratio" means, with respect to any calendar year, the ratio of -

(I) the combined balance in the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund, as of the last day of such calendar year, to
(II) the amount estimated by the Commissioner of Social
Security to be the total amount to be paid from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund during the calendar year
following such calendar year for all purposes authorized by this
section (other than payments of interest on, and repayments of,
loans from the Federal Hospital Insurance Trust Fund under
paragraph (1), but excluding any transfer payments between such
trust funds and reducing the amount of any transfer to the
Railroad Retirement Account by the amount of any transfers into
either such trust fund from that Account).

(C)(i) The full amount of all loans made under paragraph (1)
(whether made before or after January 1, 1983) shall be repaid at
the earliest feasible date and in any event no later than December
31, 1989.
(ii) For the period after December 31, 1987, and before January
1, 1990, the Managing Trustee shall transfer each month to the
Federal Hospital Insurance Trust Fund from any Trust Fund with any
amount outstanding on a loan made from the Federal Hospital
Insurance Trust Fund under paragraph (1) an amount not less than an
amount equal to (I) the amount owed to the Federal Hospital
Insurance Trust Fund by such Trust Fund at the beginning of such
month (plus the interest accrued on the outstanding balance of such
loan during such month), divided by (II) the number of months
elapsing after the preceding month and before January 1990. The
Managing Trustee may, during this period, transfer larger amounts
than prescribed by the preceding sentence.
(4) The Board of Trustees shall make a timely report to the
Congress of any amounts transferred (including interest payments)
under this subsection.
(5)(A) No amounts may be borrowed from the Federal Hospital
Insurance Trust Fund under paragraph (1) during any month if the
Hospital Insurance Trust Fund ratio for such month is less than 10
percent.
(B) For purposes of this paragraph, the term "Hospital Insurance
Trust Fund ratio" means, with respect to any month, the ratio of -
(i) the balance in the Federal Hospital Insurance Trust Fund,
reduced by the outstanding amount of any loan (including interest
thereon) theretofore made to such Trust Fund under this
subsection, as of the last day of the second month preceding such
month, to
(ii) the amount obtained by multiplying by twelve the total
amount which (as estimated by the Secretary) will be paid from
the Federal Hospital Insurance Trust Fund during the month for
which such ratio is to be determined (other than payments of
interest on, or repayments of loans from another Trust Fund under
this subsection), and reducing the amount of any transfers to the
Railroad Retirement Account by the amount of any transfer into
the Hospital Insurance Trust Fund from that Account.
(m) Accounting for unnegotiated benefit checks
(1) The Secretary of the Treasury shall implement procedures to
permit the identification of each check issued for benefits under
this subchapter that has not been presented for payment by the
close of the sixth month following the month of its issuance.
(2) The Secretary of the Treasury shall, on a monthly basis,
credit each of the Trust Funds for the amount of all benefit checks
(including interest thereon) drawn on such Trust Fund more than 6
months previously but not presented for payment and not previously
credited to such Trust Fund, to the extent provided in advance in
appropriation Acts.
(3) If a benefit check is presented for payment to the Treasury
and the amount thereof has been previously credited pursuant to
paragraph (2) to one of the Trust Funds, the Secretary of the
Treasury shall nevertheless pay such check, if otherwise proper,
recharge such Trust Fund, and notify the Commissioner of Social
Security.
(4) A benefit check bearing a current date may be issued to an
individual who did not negotiate the original benefit check and who
surrenders such check for cancellation if the Secretary of the
Treasury determines it is necessary to effect proper payment of
benefits.
(n) Payments to Funds in satisfaction of obligations
Not later than July 1, 2004, the Secretary of the Treasury shall
transfer, from amounts in the general fund of the Treasury that are
not otherwise appropriated -
(1) $624,971,854 to the Federal Old-Age and Survivors Insurance
Trust Fund;
(2) $105,379,671 to the Federal Disability Insurance Trust
Fund; and
(3) $173,306,134 to the Federal Hospital Insurance Trust Fund.

Amounts transferred in accordance with this subsection shall be in
satisfaction of certain outstanding obligations for deemed wage
credits for 2000 and 2001.

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 201, 49 Stat. 622; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362; Feb. 25, 1944,
ch. 63, title IX, Sec. 902, 58 Stat. 93; Aug. 28, 1950, ch. 809,
title I, Sec. 109(a), 64 Stat. 521; Aug. 1, 1956, ch. 836, title I,
Sec. 103(e), 70 Stat. 819; Pub. L. 85-840, title II, Sec. 205(a),
Aug. 28, 1958, 72 Stat. 1021; Pub. L. 86-346, title I, Sec. 104(2),
Sept. 22, 1959, 73 Stat. 622; Pub. L. 86-778, title VII, Sec.
701(a)-(e), Sept. 13, 1960, 74 Stat. 992, 993; Pub. L. 89-97, title
I, Sec. 108(a), title III, Secs. 305, 327, July 30, 1965, 79 Stat.
338, 370, 400; Pub. L. 90-248, title I, Secs. 110, 169, Jan. 2,
1968, 81 Stat. 837, 875; Pub. L. 91-172, title X, Sec. 1005, Dec.
30, 1969, 83 Stat. 741; Pub. L. 92-336, title II, Sec. 205, July 1,
1972, 86 Stat. 422; Pub. L. 92-603, title I, Secs. 132(a)-(c), 136,
title III, Sec. 305(a), Oct. 30, 1972, 86 Stat. 1360, 1364, 1484;
Pub. L. 93-233, Sec. 7, Dec. 31, 1973, 87 Stat. 955; Pub. L. 94-
202, Sec. 8(d), Jan. 2, 1976, 89 Stat. 1137; Pub. L. 95-216, title
I, Sec. 102(a), Dec. 20, 1977, 91 Stat. 1513; Pub. L. 96-265, title
III, Sec. 310(a), title V, Sec. 505(a)(5), June 9, 1980, 94 Stat.
459, 474; Pub. L. 96-403, Sec. 1, Oct. 9, 1980, 94 Stat. 1709; Pub.
L. 97-123, Sec. 1(a), Dec. 29, 1981, 95 Stat. 1659; Pub. L. 98-21,
title I, Secs. 126, 141(a), 142(a)(1), (2)(A), (3), (4), 152(a),
154(a), title III, Sec. 341(a), Apr. 20, 1983, 97 Stat. 91, 98-100,
105, 107, 135; Pub. L. 98-369, div. B, title VI, Secs. 2661(a),
2663(a)(1), (j)(2)(A)(i), July 18, 1984, 98 Stat. 1156, 1160, 1170;
Pub. L. 99-272, title IX, Sec. 9213(a), Apr. 7, 1986, 100 Stat.
180; Pub. L. 100-360, title II, Sec. 212(c)(1), July 1, 1988, 102
Stat. 741; Pub. L. 100-647, title VIII, Sec. 8005(a), Nov. 10,
1988, 102 Stat. 3781; Pub. L. 101-234, title II, Sec. 202(a), Dec.
13, 1989, 103 Stat. 1981; Pub. L. 101-508, title V, Secs. 5106(c),
5115(a), title XIII, Sec. 13304, Nov. 5, 1990, 104 Stat. 1388-268,
1388-274, 1388-627; Pub. L. 103-296, title I, Sec. 107(b), title
III, Secs. 301(a), (b), 321(a)(1), (c)(1)(A)(i), (B)(i), (C), Aug.
15, 1994, 108 Stat. 1478, 1517, 1535, 1537; Pub. L. 103-387, Sec.
3(a), (b), Oct. 22, 1994, 108 Stat. 4074, 4075; Pub. L. 104-121,
title I, Sec. 103(a), Mar. 29, 1996, 110 Stat. 848; Pub. L. 105-
277, div. J, title IV, Sec. 4005(b), Oct. 21, 1998, 112 Stat. 2681-
911; Pub. L. 106-169, title II, Sec. 251(b)(1), Dec. 14, 1999, 113
Stat. 1854; Pub. L. 106-170, title III, Sec. 301(b)(1)(B), Dec. 17,
1999, 113 Stat. 1902; Pub. L. 108-173, title I, Sec. 101(e)(3)(A),
(B), Dec. 8, 2003, 117 Stat. 2150, 2151; Pub. L. 108-203, title IV,
Sec. 420(a), Mar. 2, 2004, 118 Stat. 535.)

-REFTEXT-
REFERENCES IN TEXT
Subchapter A of chapter 9 of the Internal Revenue Code of 1939,
referred to in subsec. (a)(1) to (3), was comprised of sections
1400 to 1432, and was repealed (subject to certain exceptions) by
section 7851(a)(3) of the Internal Revenue Code of 1986.
Sections 1426 and 1420(c) of the Internal Revenue Code of 1939,
referred to in subsec. (a)(3), were a part of subchapter A of
chapter 9 of the 1939 Code. See above.
Internal Revenue Code of 1954, referred to in subsecs. (a)(3),
(4) and (b)(1)(A), (2)(A), redesignated Internal Revenue Code of
1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.
Subchapter E of chapter 1 of the Internal Revenue Code of 1939,
referred to in subsec. (a)(4), was comprised of sections 480 to
482, and was repealed (subject to certain exceptions) by section
7851(a)(1)(A) of the Internal Revenue Code of 1986.
Section 481 of the Internal Revenue Code of 1939, referred to in
subsec. (a)(4), was a part of subchapter E of chapter 1 of the 1939
Code. See above.
For provision deeming a reference in other laws to a provision of
the 1939 Code as a reference to the corresponding provision of the
1986 Code, see section 7852(b) if the 1986 Code. For table of
comparisons of the 1939 Code to the 1986 Code, see table preceding
section 1 of Title 26, Internal Revenue Code. The Internal Revenue
Code of 1986 is classified generally to Title 26.
Chapters 2 and 21 and subtitle F of the Internal Revenue Code of
1986, referred to in subsec. (g)(1)(A), (2), are classified to
sections 1401 et seq., 3101 et seq., and 6001 et seq.,
respectively, of Title 26, Internal Revenue Code.
Section 207 or 208 of the Social Security Independence and
Program Improvements Act of 1994, referred to in subsec. (g)(1)(A),
are sections 207 and 208 of Pub. L. 103-296. Section 208 of Pub. L.
103-296 is set out as a note under section 1382 of this title.
Section 207 of Pub. L. 103-296 was set out as a note under section
1382 of this title prior to repeal by Pub. L. 104-193, title II,
Sec. 212(b)(2), (d), Aug. 22, 1996, 110 Stat. 2193, 2194.


-MISC1-
AMENDMENTS
2004 - Subsec. (n). Pub. L. 108-203 added subsec. (n).
2003 - Subsec. (g)(1)(B)(i)(V), (ii)(III). Pub. L. 108-173, Sec.
101(e)(3)(A), inserted "(and, of such portion, the portion of such
costs which should have been borne by the Medicare Prescription
Drug Account in such Trust Fund)" after "Trust Fund".
Subsec. (i)(1). Pub. L. 108-173, Sec. 101(e)(3)(B), inserted
"(and for the Medicare Prescription Drug Account and the
Transitional Assistance Account in such Trust Fund)" after "Federal
Supplementary Medical Insurance Trust Fund".
1999 - Subsec. (g)(1)(A). Pub. L. 106-169, Sec. 251(b)(1)(A),
inserted "subchapter VIII of this chapter," after "this
subchapter," in fourth sentence.
Subsec. (g)(1)(B)(i)(I). Pub. L. 106-169, Sec. 251(b)(1)(B),
inserted "subchapter VIII of this chapter," after "this
subchapter,".
Subsec. (g)(1)(C)(i). Pub. L. 106-169, Sec. 251(b)(1)(C),
inserted "subchapter VIII of this chapter," after "this
subchapter,".
Subsec. (k). Pub. L. 106-170 substituted "section 434 of this
title" for "section 505(a) of the Social Security Disability
Amendments of 1980".
1998 - Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 4005(b)(2), which
directed the amendment of subsec. (g) by inserting "and the
functions of the Social Security Administration in connection with
the withholding of taxes from benefits, as described in section
407(c) of this title, pursuant to requests by persons entitled to
such benefits or such persons' representative payee" before period
at end of paragraph (1)(A), was executed by inserting this material
after "the first sentence of this subparagraph" in provisions
following cl. (ii) to reflect the probable intent of Congress.
Subsec. (g)(1)(A)(ii). Pub. L. 105-277, Sec. 4005(b)(1), inserted
before period at end "and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 407(c) of this title, pursuant to
requests by persons entitled to such benefits or such persons'
representative payee".
Subsec. (g)(1)(B)(i)(I). Pub. L. 105-277, Sec. 4005(b)(3),
substituted "subparagraph (A)) and the functions of the Social
Security Administration in connection with the withholding of taxes
from benefits, as described in section 407(c) of this title,
pursuant to requests by persons entitled to such benefits or such
persons' representative payee," for "subparagraph (A)),".
Subsec. (g)(1)(C)(iii). Pub. L. 105-277, Sec. 4005(b)(4),
inserted before period at end "and the functions of the Social
Security Administration in connection with the withholding of taxes
from benefits, as described in section 407(c) of this title,
pursuant to requests by persons entitled to such benefits or such
persons' representative payee".
Subsec. (g)(1)(D). Pub. L. 105-277, Sec. 4005(b)(5), inserted
"and the functions of the Social Security Administration in
connection with the withholding of taxes from benefits as described
in section 407(c) of this title" after "section 432 of this title".
Subsec. (g)(4). Pub. L. 105-277, Sec. 4005(b)(6), inserted after
first sentence "The Board of Trustees of such Trust Funds shall
prescribe the method of determining the costs which should be borne
by the general fund in the Treasury of carrying out the functions
of the Social Security Administration in connection with the
withholding of taxes from benefits, as described in section 407(c)
of this title, pursuant to requests by persons entitled to such
benefits or such persons' representative payee."
1996 - Subsec. (g)(1)(A). Pub. L. 104-121 inserted at end "Of the
amounts authorized to be made available out of the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund under the preceding sentence, there are hereby
authorized to be made available from either or both of such Trust
Funds for continuing disability reviews -
"(i) for fiscal year 1996, $260,000,000;
"(ii) for fiscal year 1997, $360,000,000;
"(iii) for fiscal year 1998, $570,000,000;
"(iv) for fiscal year 1999, $720,000,000;
"(v) for fiscal year 2000, $720,000,000;
"(vi) for fiscal year 2001, $720,000,000; and
"(viii) for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term 'continuing disability
review' means a review conducted pursuant to section 421(i) of this
title and a review or disability eligibility redetermination
conducted to determine the continuing disability and eligibility of
a recipient of benefits under the supplemental security income
program under subchapter XVI of this chapter, including any review
or redetermination conducted pursuant to section 207 or 208 of the
Social Security Independence and Program Improvements Act of 1994
(Public Law 103-296)."
1994 - Subsec. (a). Pub. L. 103-296, Sec. 321(a)(1), in closing
provisions substituted "and" for "and and" before "such Trust Fund
shall pay".
Subsec. (a)(3). Pub. L. 103-296, Sec. 107(b)(1), (2), substituted
"Commissioner of Social Security" and "such Commissioner" for
"Secretary of Health and Human Services" and "such Secretary",
respectively.
Subsec. (a)(4). Pub. L. 103-296, Sec. 107(b)(1), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services" in two places.
Subsec. (b)(1). Pub. L. 103-296, Sec. 107(b)(1), (2), substituted
"Commissioner of Social Security" and "such Commissioner" for
"Secretary of Health and Human Services" and "such Secretary",
respectively.
Subsec. (b)(1)(O) to (R). Pub. L. 103-387, Sec. 3(a), substituted
"(O) 1.20 per centum of the wages (as so defined) paid after
December 31, 1989, and before January 1, 1994, and so reported, (P)
1.88 per centum of the wages (as so defined) paid after December
31, 1993, and before January 1, 1997, and so reported, (Q) 1.70 per
centum of the wages (as so defined) paid after December 31, 1996,
and before January 1, 2000, and so reported, and (R) 1.80 per
centum of the wages (as so defined) paid after December 31, 1999,
and so reported," for "(O) 1.20 per centum of the wages (as so
defined) paid after December 31, 1989, and before January 1, 2000,
and so reported, and (P) 1.42 per centum of the wages (as so
defined) paid after December 31, 1999, and so reported,".
Subsec. (b)(2). Pub. L. 103-296, Sec. 107(b)(1), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services" in two places.
Subsec. (b)(2)(O) to (R). Pub. L. 103-387, Sec. 3(b), substituted
"(O) 1.20 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December
31, 1989, and before January 1, 1994, (P) 1.88 per centum of the
amount of self-employment income (as so defined) so reported for
any taxable year beginning after December 31, 1993, and before
January 1, 1997, (Q) 1.70 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after December 31, 1996, and before January 1, 2000, and
(R) 1.80 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December
31, 1999," for "(O) 1.20 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after December 31, 1989, and before January 1, 2000, and
(P) 1.42 per centum of the self-employment income (as so defined)
so reported for any taxable year beginning after December 31,
1999,".
Subsec. (c). Pub. L. 103-296, Sec. 107(b)(3), in introductory
provisions, inserted "the Commissioner of Social Security," after
"shall be composed of" and inserted "Deputy" before "Commissioner
of Social Security shall serve".
Subsec. (d). Pub. L. 103-296, Sec. 301(a), inserted after fifth
sentence "Each obligation issued for purchase by the Trust Funds
under this subsection shall be evidenced by a paper instrument in
the form of a bond, note, or certificate of indebtedness issued by
the Secretary of the Treasury setting forth the principal amount,
date of maturity, and interest rate of the obligation, and stating
on its face that the obligation shall be incontestable in the hands
of the Trust Fund to which it is issued, that the obligation is
supported by the full faith and credit of the United States, and
that the United States is pledged to the payment of the obligation
with respect to both principal and interest."
Subsec. (f). Pub. L. 103-296, Sec. 301(b), inserted at end
"Payment from the general fund of the Treasury to either of the
Trust Funds of any such interest or proceeds shall be in the form
of paper checks drawn on such general fund to the order of such
Trust Fund."
Subsec. (g)(1)(A). Pub. L. 103-296, Sec. 107(b)(4)(C), in text as
amended by Pub. L. 103-296, Sec. 321(c)(1)(A)(i)(III), substituted
"subchapters II and XVIII" for "subchapters II, XVI, and XVIII" in
second sentence and amended last sentence generally. Prior to
amendment, last sentence read as follows: "There are hereby
authorized to be made available for expenditure, out of any or all
of the Trust Funds, such amounts as the Congress may deem
appropriate to pay the costs of the part of the administration of
this subchapter, subchapter XVI, and subchapter XVIII of this
chapter for which the Secretary of Health and Human Services is
responsible and of carrying out the functions of the Department of
Health and Human Services, specified in section 432 of this title,
which relate to the administration of provisions of the Internal
Revenue Code of 1986 other than those referred to in clause (i) of
the first sentence of this subparagraph."
Pub. L. 103-296, Sec. 321(c)(1)(A)(i)(III), substituted "chapters
2 and 21 of the Internal Revenue Code of 1986" for "subchapter E of
chapter 1 and subchapter A of chapter 9 of the Internal Revenue
Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of
1954" in second sentence and "1986 other" for "1954 other" in last
sentence.
Subsec. (g)(1)(A)(i). Pub. L. 103-296, Sec. 321(c)(1)(A)(i)(I),
substituted "and chapters 2 and 21 of the Internal Revenue Code of
1986" for "and subchapter E of chapter 1 and subchapter A of
chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and
21 of the Internal Revenue Code of 1954".
Pub. L. 103-296, Sec. 107(b)(4)(A), substituted "by the Managing
Trustee, the Commissioner of Social Security, and the Secretary of
Health and Human Services" for "by him and the Secretary of Health
and Human Services" and "by the Department of Health and Human
Services for the administration of subchapter XVIII of this
chapter, and by the Department of the Treasury for the
administration of subchapters II and XVIII of this chapter" for "by
the Department of Health and Human Services and the Treasury
Department for the administration of subchapters II, XVI, and XVIII
of this chapter".
Subsec. (g)(1)(A)(ii). Pub. L. 103-296, Sec. 321(c)(1)(A)(i)(II),
substituted "Internal Revenue Code of 1986" for "Internal Revenue
Code of 1954".
Pub. L. 103-296, Sec. 107(b)(4)(B), substituted "applicable
method prescribed under paragraph (4)" for "method prescribed by
the Board of Trustees under paragraph (4)", "Commissioner of Social
Security" for "Secretary of Health and Human Services", and "Social
Security Administration" for "Department of Health and Human
Services".
Subsec. (g)(1)(B). Pub. L. 103-296, Sec. 107(b)(4)(A), added
subpar. (B) and struck out former subpar. (B), as amended by Pub.
L. 103-296, Sec. 321(c)(1)(A)(i)(IV), which read as follows: "After
the close of each fiscal year the Secretary of Health and Human
Services shall determine the portion of the costs, incurred during
such fiscal year, of administration of this subchapter, subchapter
XVI, and subchapter XVIII of this chapter and of carrying out the
functions of the Department of Health and Human Services, specified
in section 432 of this title, which relate to the administration of
provisions of the Internal Revenue Code of 1986 (other than those
referred to in clause (i) of the first sentence of subparagraph
(A)), which should have been borne by the general fund in the
Treasury and the portion of such costs which should have been borne
by each of the Trust Funds; except that the determination of the
amounts to be borne by the general fund in the Treasury with
respect to expenditures incurred in carrying out such functions
specified in section 432 of this title shall be made pursuant to
the method prescribed by the Board of Trustees under paragraph (4)
of this subsection. After such determination has been made, the
Secretary of Health and Human Services shall certify to the
Managing Trustee the amounts, if any, which should be transferred
from one to any of the other of such Trust Funds and the amounts,
if any, which should be transferred between the Trust Funds (or one
of the Trust Funds) and the general fund in the Treasury, in order
to insure that each of the Trust Funds and the general fund in the
Treasury have borne their proper share of the costs, incurred
during such fiscal year, for the part of the administration of this
subchapter, subchapter XVI, and subchapter XVIII of this chapter
for which the Secretary of Health and Human Services is responsible
and of carrying out the functions of the Department of Health and
Human Services, specified in section 432 of this title, which
relate to the administration of provisions of the Internal Revenue
Code of 1986 (other than those referred to in clause (i) of the
first sentence of subparagraph (A)). The Managing Trustee is
authorized and directed to transfer any such amounts in accordance
with any certification so made."
Pub. L. 103-296, Sec. 321(c)(1)(A)(i)(IV), substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954" in two
places.
Subsec. (g)(1)(C), (D). Pub. L. 103-296, Sec. 107(b)(4)(A), added
subpars. (C) and (D).
Subsec. (g)(2). Pub. L. 103-296, Sec. 321(c)(1)(B)(i), in first
sentence substituted "section 3101(a) of the Internal Revenue Code
of 1986 which are subject to refund under section 6413(c) of such
Code with respect to wages (as defined in section 3121 of such
Code)." for "section 3101(a) which are subject to refund under
section 6413(c) of the Internal Revenue Code of 1954 with respect
to wages (as defined in section 1426 of the Internal Revenue Code
of 1939 and section 3121 of the Internal Revenue Code of 1954) paid
after December 31, 1950." and in second sentence substituted "wages
reported to the Secretary of the Treasury or his delegate pursuant
to subtitle F of such Code," for "wages reported to the
Commissioner of Internal Revenue pursuant to section 1420(c) of the
Internal Revenue Code of 1939 and to the Secretary of the Treasury
or his delegate pursuant to subtitle F of the Internal Revenue Code
of 1954,".
Pub. L. 103-296, Sec. 107(b)(5), in second sentence substituted
"maintained by the Commissioner of Social Security" for
"established and maintained by the Secretary of Health and Human
Services" and "Commissioner of Social Security shall furnish" for
"Secretary shall furnish".
Subsec. (g)(4). Pub. L. 103-296, Sec. 107(b)(6), amended
generally par. (4) as amended by Pub. L. 103-296, Sec.
321(c)(1)(C). Prior to amendment, par. (4) read as follows: "If at
any time or times the Boards of Trustees of such Trust Funds deem
such action advisable, they may modify the method prescribed by
such Boards of determining the costs which should be borne by the
general fund in the Treasury of carrying out the functions of the
Department of Health and Human Services, specified in section 432
of this title, which relate to the administration of provisions of
the Internal Revenue Code of 1986 (other than those referred to in
clause (i) of the first sentence of paragraph (1)(A))."
Pub. L. 103-296, Sec. 321(c)(1)(C), substituted "If at any time
or times the Boards of Trustees of such Trust Funds deem such
action advisable, they may modify the method prescribed by such
Boards" for "The Board of Trustees shall prescribe before January
1, 1981, the method" and "Code of 1986" for "Code of 1954" and
struck out at end "If at any time or times thereafter the Boards of
Trustees of such Trust Funds deem such action advisable they may
modify the method so determined."
Subsec. (i)(1). Pub. L. 103-296, Sec. 107(b)(7), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "The
Managing Trustee of 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 is authorized to accept
on behalf of the United States money gifts and bequests made
unconditionally to any one or more of such Trust Funds or to the
Department of Health and Human Services, or any part or officer
thereof, for the benefit of any of such Funds or any activity
financed through such Funds."
Subsec. (j). Pub. L. 103-296, Sec. 107(b)(8), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing.
Subsec. (k). Pub. L. 103-296, Sec. 107(b)(8), substituted
"Commissioner of Social Security" for "Secretary".
Subsec. (l)(3)(B)(iii)(II). Pub. L. 103-296, Sec. 107(b)(9),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (m)(3). Pub. L. 103-296, Sec. 107(b)(10), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services".
1990 - Subsec. (a). Pub. L. 101-508, Sec. 5115(a), in first
sentence following cl. (4), substituted "from time to time" for
"monthly on the first day of each calendar month" in two places and
"paid to or deposited into the Treasury" for "to be paid to or
deposited into the Treasury during such month", and in last
sentence substituted "Fund. Notwithstanding the preceding sentence,
in any case in which the Secretary of the Treasury determines that
the assets of either such Trust Fund would otherwise be inadequate
to meet such Fund's obligations for any month, the Secretary of the
Treasury shall transfer to such Trust Fund on the first day of such
month the amount which would have been transferred to such Fund
under this section as in effect on October 1, 1990; and" for
"Fund;".
Subsec. (c). Pub. L. 101-508, Sec. 13304, inserted after first
sentence following cl. (5) "Such statement shall include a finding
by the Board of Trustees as to whether the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund, individually and collectively, are in close actuarial
balance (as defined by the Board of Trustees)."
Subsec. (j). Pub. L. 101-508, Sec. 5106(c), inserted at end "The
amount available for payment under this subsection for travel by a
representative to attend an administrative proceeding before an
administrative law judge or other adjudicator shall not exceed the
maximum amount allowable under this subsection for such travel
originating within the geographic area of the office having
jurisdiction over such proceeding."
1989 - Subsecs. (g)(1)(A), (i)(1). Pub. L. 101-234 repealed Pub.
L. 100-360, Sec. 212(c)(1), and provided that the provisions of law
amended or repealed by such section are restored or revised as if
such section had not been enacted, see 1988 Amendment note below.
1988 - Subsec. (c). Pub. L. 100-647 inserted after first sentence
"A member of the Board of Trustees serving as a member of the
public and nominated and confirmed to fill a vacancy occurring
during a term shall be nominated and confirmed only for the
remainder of such term. An individual nominated and confirmed as a
member of the public may serve in such position after the
expiration of such member's term until the earlier of the time at
which the member's successor takes office or the time at which a
report of the Board is first issued under paragraph (2) after the
expiration of the member's term."
Subsec. (g)(1)(A). Pub. L. 100-360, Sec. 212(c)(1)(A),
substituted ", Federal Supplementary Medical Insurance Trust Fund,
and the Federal Catastrophic Drug Insurance Trust Fund" for "and
the Federal Supplementary Medical Insurance Trust Fund".
Subsec. (i)(1). Pub. L. 100-360, Sec. 212(c)(1)(B), substituted
", Federal Hospital Insurance Catastrophic Coverage Reserve Fund,
Federal Supplementary Medical Insurance Trust Fund, and the Federal
Catastrophic Drug Insurance Trust Fund" for "and the Federal
Supplementary Medical Insurance Trust Fund".
1986 - Subsec. (c). Pub. L. 99-272, in provisions following par.
(5), substituted ". Such report shall" for ": Provided, That the
certification shall not refer to economic assumptions underlying
the Trustee's report, and shall".
1984 - Subsecs. (a)(3), (4), (b)(1), (2). Pub. L. 98-369, Sec.
2663(j)(2)(A)(i), substituted "Health and Human Services" for
"Health, Education, and Welfare".
Subsec. (d). Pub. L. 98-369, Sec. 2663(a)(1)(A), substituted
"chapter 31 of title 31" for "the Second Liberty Bond Act, as
amended" and "public-debt obligations" for "public-debt
obligation".
Subsec. (g)(1). Pub. L. 98-369, Sec. 2663(j)(2)(A)(i),
substituted "Health and Human Services" for "Health, Education, and
Welfare".
Subsec. (g)(1)(B). Pub. L. 98-369, Sec. 2663(a)(1)(B),
substituted "clause" for "clauses" in first sentence.
Subsecs. (g)(2), (4), (i)(1). Pub. L. 98-369, Sec.
2663(j)(2)(A)(i), substituted "Health and Human Services" for
"Health, Education, and Welfare".
Subsec. (l)(3)(B)(i). Pub. L. 98-369, Sec. 2661(a), inserted
"Insurance" after "Survivors".
1983 - Subsec. (a). Pub. L. 98-21, Sec. 141(a), in provisions
following par. (4), substituted "monthly on the first day of each
calendar month" for "from time to time", wherever appearing, and
"to be paid or deposited into the Treasury during such month" for
"paid to or deposited into the Treasury", and inserted provision
that all amounts transferred to either Trust Fund under the
preceding sentence shall be invested by the Managing Trustee in the
same manner and to the same extent as the other assets of such
Trust Fund; and such Trust Fund shall pay interest to the general
fund on the amount so transferred on the first day of any month at
a rate (calculated on a daily basis, and applied against the
difference between the amount so transferred on such first day and
the amount which would have been transferred to the Trust Fund up
to that day under the procedures in effect on Jan. 1, 1983) equal
to the rate earned by the investments of such Fund in the same
month under subsection (d) of this section.
Subsec. (b)(1)(K) to (P). Pub. L. 98-21, Sec. 126(a),
substituted, in cls. (K), (L), and (M), appropriations equivalent
to 100 per centum of (K) 1.65 per centum of the wages (as so
defined) paid after Dec. 31, 1981, and before Jan. 1, 1983, and so
reported, (L) 1.25 per centum of the wages (as so defined) paid
after Dec. 31, 1982, and before Jan. 1, 1984, and so reported, (M)
1.00 per centum of the wages (as so defined) paid after Dec. 31,
1983, and before Jan. 1, 1988, and so reported, for such
appropriations of (K) 1.65 per centum of the wages (as so defined)
paid after Dec. 31, 1981, and before Jan. 1, 1985, and so reported,
(L) 1.90 per centum of the wages (as so defined) paid Dec. 31,
1984, and before Jan. 1, 1990, and so reported, and (M) 2.20 per
centum of the wages (as so defined) paid after Dec. 31, 1989, and
so reported, and added cls. (N) to (P).
Subsec. (b)(2)(K) to (P). Pub. L. 98-21, Sec. 126(b),
substituted, in cls. (K), (L), and (M), appropriations equivalent
to 100 per centum of (K) 1.2375 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after Dec. 31, 1981, and before Jan. 1, 1983, (L) 0.9375
per centum of the amount of self-employment income (as so defined)
so reported for any taxable year beginning after Dec. 31, 1982, and
before Jan. 1, 1984, (M) 1.00 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after Dec. 31, 1983, and before Jan. 1, 1988, for such
appropriations of (K) 1.2375 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after Dec. 31, 1981, and before Jan. 1, 1985, (L) 1.4250
per centum of the amount of self-employment income (as so defined)
so reported for any taxable year beginning after Dec. 31, 1984, and
before Jan. 1, 1990, and (M) 1.6500 per centum of the amount of
self-employment income (as so defined) so reported for any taxable
year beginning after Dec. 31, 1989, and added cls. (N) to (P).
Subsec. (c). Pub. L. 98-21, Sec. 341(a), substituted "Secretary
of Health and Human Services, all ex officio, and of two members of
the public (both of whom may not be from the same political party),
who shall be nominated by the President for a term of four years
and subject to confirmation by the Senate" for "Secretary of
Health, Education, and Welfare, all ex officio" in provisions
preceding par. (1), and inserted provision that a person serving on
the Board of Trustees shall not be considered to be a fiduciary and
shall not be personally liable for actions taken in such capacity
with respect to the Trust Funds, in provisions following par. (5).
Pub. L. 98-21, Sec. 154(a), in provisions following par. (5),
inserted provision that the report referred to in par. (2) shall
include an actuarial opinion by the Chief Actuary of the Social
Security Administration certifying that the techniques and
methodologies used are generally accepted within the actuarial
profession and that the assumptions and cost estimates used are
reasonable, and provided further that the certification shall not
refer to economic assumptions underlying the Trustee's report.
Subsec. (l)(1). Pub. L. 98-21, Sec. 142(a)(1), substituted
reference to January 1988 for reference to January 1983, and
inserted ", subject to paragraph (5)," after "such Trust Fund, or".
Subsec. (l)(2). Pub. L. 98-21, Sec. 142(a)(2)(A), substituted "on
the last day of each month after such loan is made" for "from time
to time", substituted "the total interest accrued to such day" for
"interest", and inserted "(even if such an investment would earn
interest at a rate different than the rate earned by investments
redeemed by the lending fund in order to make the loan)".
Subsec. (l)(3). Pub. L. 98-21, Sec. 142(a)(3), designated
existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (l)(5). Pub. L. 98-21, Sec. 142(a)(4), added par. (5).
Subsec. (m). Pub. L. 98-21, Sec. 152(a), added subsec. (m).
1981 - Subsec. (l). Pub. L. 97-123 added subsec. (l).
1980 - Subsec. (b)(1)(H) to (M). Pub. L. 96-403, Sec. 1(a),
substituted in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981;
added cls. (I) and (J); redesignated as cl. (K) former cl. (I)
substituting reference to Dec. 31, 1981, for Dec. 31, 1980; and
redesignated as cls. (L) and (M) former cls. (J) and (K).
Subsec. (b)(2)(H) to (M). Pub. L. 96-403, Sec. 1(b), substituted
in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981; added cls.
(I) and (J); redesignated as cl. (K) former cl. (I) substituting
reference to Dec. 31, 1981, for Dec. 31, 1980; and redesignated as
cls. (L) and (M) former cls. (J) and (K).
Subsec. (j). Pub. L. 96-265, Sec. 310(a), added subsec. (j).
Subsec. (k). Pub. L. 96-265, Sec. 505(a)(5), added subsec. (k).
1977 - Subsec. (b)(1)(G) to (K). Pub. L. 95-216, Sec. 102(a)(1),
substituted "(G) 1.55 per centum of the wages (as so defined) paid
after December 31, 1977, and before January 1, 1979, and so
reported, (H) 1.50 per centum of the wages (as so defined) paid
after December 31, 1978, and before January 1, 1981, and so
reported, (I) 1.65 per centum of the wages (as so defined) paid
after December 31, 1980, and before January 1, 1985, and so
reported, (J) 1.90 per centum of the wages (as so defined) paid
after December 31, 1984, and before January 1, 1990, and so
reported, and (K) 2.20 per centum of the wages (as so defined) paid
after December 31, 1989, and so reported" for "(G) 1.2 per centum
of the wages (as so defined) paid after December 31, 1977, and
before January 1, 1981, and so reported, (H) 1.3 per centum of the
wages (as so defined) paid after December 31, 1980, and before
January 1, 1986, and so reported, (I) 1.4 per centum of the wages
(as so defined) paid after December 31, 1985, and before January 1,
2011, and so reported, and (J) 1.7 per centum of the wages (as so
defined) paid after December 31, 2010, and so reported".
Subsec. (b)(2)(G) to (K). Pub. L. 95-216, Sec. 102(a)(2),
substituted "(G) 1.090 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1977, and before January 1, 1979, (H) 1.0400 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1978,
and before January 1, 1981, (I) 1.2375 per centum of the amount of
self-employment income (as so defined) so reported for any taxable
year beginning after December 31, 1980, and before January 1, 1985,
(J) 1.4250 per centum of the amount of self-employment income (as
so defined) so reported for any taxable year beginning after
December 31, 1984, and before January 1, 1990, and (K) 1.650 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1989"
for "(G) 0.850 of 1 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 1977, and before January 1, 1981, (H) 0.920 of 1
per centum of the amount of self-employment income (as so defined)
so reported for any taxable year beginning after December 31, 1980,
and before January 1, 1986, (I) 0.990 of 1 per centum of the amount
of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1985, and before January
1, 2011, and (J) 1 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning
after December 31, 2010".
1976 - Subsec. (g)(1). Pub. L. 94-202, Sec. 8(d)(1), incorporated
changes in the operations and responsibilities of the Managing
Trustee of the Trust Funds and the Secretary of Health, Education,
and Welfare occasioned by changes in the annual method of reporting
wages for social security purposes, by directing that estimated
amounts paid from the Trust Funds into the Treasury, to replace
amounts expended from the general fund in the Treasury, be
estimated by both the Managing Trustee and the Secretary and that
the Secretary determine the portion of costs attributable to the
general fund in the Treasury and the portion attributable to the
Trust Funds at the close of the fiscal year, by striking out
reference to section 1381 of this title, and by inserting reference
to par. (4) of this section, section 432 of this title, and
subchapter E of chapter 1 and subchapter A of chapter 9 of the
Internal Revenue Code of 1939.
Subsec. (g)(4). Pub. L. 94-202, Sec. 8(d)(2), added par. (4).
1973 - Subsec. (b)(1)(E) to (J). Pub. L. 93-233, Sec. 7(a),
substituted in: cl. (E) "January 1, 1974" for "January 1, 1978";
cl. (F) "December 31, 1973" and "January 1, 1978" for "December 31,
1977" and "January 1, 2011"; cl. (G) "1.2" for "1.5" per centum and
"paid after December 31, 1977, and before January 1, 1981" for
"paid after December 31, 2010," and added cls. (H) to (J).
Subsec. (b)(2)(E) to (J). Pub. L. 93-233, Sec. 7(b), substituted
in: cl. (E) "January 1, 1974" for "January 1, 1978"; cl. (F) "0.815
of 1 per centum" for "0.84 per centum" and "as reported for any
taxable year beginning after December 31, 1973, and before January
1, 1978" for "so reported for any taxable year beginning after
December 31, 1977, and before January 1, 2011"; cl. (G) "0.850 of 1
percentum" for "0.895 per centum" and "taxable year beginning after
December 31, 1977, and before January 1, 1981" for "taxable year
beginning after December 31, 2010"; and added cls. (H) to (J).
1972 - Subsec. (a). Pub. L. 92-603, Sec. 132(a), inserted "such
gifts and bequests as may be made as provided in subsection (i)(1)
of this section, and" after "in addition," in provisions preceding
par. (1).
Subsec. (b). Pub. L. 92-603, Sec. 132(b), inserted "such gifts
and bequests as may be made as provided in subsection (i)(1) of
this section, and" after "consist of" in provisions preceding par.
(1).
Subsec. (b)(1). Pub. L. 92-603, Sec. 136(a), substituted "1.1"
for "1.0" in cl. (E), "1.15" for "1.1" in cl. (F), and "1.5" for
"1.4" in cl. (G).
Pub. L. 92-336, Sec. 205(a), struck out "and" before "(D)",
inserted reference to wages paid before January 1, 1973, in cl.
(D), and added cls. (E), (F), and (G).
Subsec. (b)(2). Pub. L. 92-603, Sec. 136(b), substituted "0.795"
for "0.75" in cl. (E), "0.84" for "0.825" in cl. (F), and "0.895"
for "0.915" in cl. (G).
Pub. L. 92-336, Sec. 205(b), struck out "and" before "(D)",
inserted reference to self-employment income before January 1,
1973, in cl. (D), and added cls. (E), (F), and (G).
Subsec. (g)(1)(A). Pub. L. 92-603, Sec. 305(a), inserted
references to subchapter XVI of this chapter and provisions
relating to the general revenues of the United States with respect
to subchapter XVI of this chapter and to the appropriations made
pursuant to section 1381 of this title.
Subsec. (i). Pub. L. 92-603, Sec. 132(c), added subsec. (i).
1969 - Subsec. (b)(1). Pub. L. 91-172, Sec. 1005(a), inserted
reference to wages paid before Jan. 1, 1969, and inserted provision
for the appropriation of amounts equal to 1.10 per centum of wages
paid after Dec. 31, 1969.
Subsec. (b)(2). Pub. L. 91-172, Sec. 1005(b), inserted reference
to self-employment income before Jan. 1, 1970, and inserted
provision for the appropriation of 0.825 of 1 percent of the amount
of self-employment income for taxable years beginning after Dec.
31, 1969.
1968 - Subsec. (b)(1). Pub. L. 90-248, Sec. 110(a), designated
existing provisions as cls. (A) and (B), inserted "and before
January 1, 1968," after "1965," in cl. (B), and added cl. (C).
Subsec. (b)(2). Pub. L. 90-248, Sec. 110(b), designated existing
provisions as cls. (A) and (B), inserted "and before January 1,
1968, and" after "1965," in cl. (B), and added cl. (C).
Subsec. (c)(2). Pub. L. 90-248, Sec. 169(a), substituted "April"
for "March".
Subsec. (c). Pub. L. 90-248, Sec. 169(b), inserted penultimate
sentence for inclusion in reports of board of trustees to Congress
of an actuarial analysis of the benefit disbursements made from the
Federal Old-Age and Survivors Insurance Trust Fund with respect to
disabled beneficiaries.
1965 - Subsec. (a)(3). Pub. L. 89-97, Sec. 108(a)(1), inserted
"(other than sections 3101(b) and 3111(b))" after "chapter 21" in
two places.
Subsec. (a)(4). Pub. L. 89-97, Sec. 108(a)(2), inserted "(other
than section 1401(b))" after "chapter 2" and "such subchapter or
chapter".
Subsec. (b)(1). Pub. L. 89-97, Sec. 305(a), inserted "and before
January 1, 1966," after "December 31, 1956," and "and 0.70 of 1 per
centum of the wages (as so defined) paid after December 31, 1965,
and so reported," after "1954,".
Subsec. (b)(2). Pub. L. 89-97, Sec. 305(b), inserted "and before
January 1, 1966, and 0.525 of 1 per centum of the amount of self-
employment income (as so defined) so reported for any taxable year
beginning after December 31, 1965," after "December 31, 1956,".
Subsec. (c). Pub. L. 89-97, Sec. 327, extended from once each six
months to once each calendar year the minimum number of times the
Board of Trustees must meet.
Subsec. (g)(1). Pub. L. 89-97, Sec. 108(a)(3), included the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund among the Trust Funds available for
reimbursement of the Treasury for administrative costs of this
subchapter and subchapter XVIII of this chapter, deleted references
to administrative costs of subchapter VIII of this chapter and
subchapter E of chapter 1 and subchapter 9 of the Internal Revenue
Code of 1939, and also provided for adjustment among the Trust
Funds during each fiscal year so that the Funds bear the
proportionate share of the administration costs.
Subsec. (g)(2). Pub. L. 89-97, Sec. 108(a)(4), inserted "imposed
under section 3101(a)" after "the amount estimated by him as
taxes".
Subsec. (h). Pub. L. 89-97, Sec. 108(a)(5), inserted "(other than
section 426 of this title)" after "this subchapter".
1960 - Subsec. (c). Pub. L. 86-778, Sec. 701(a)-(c), required the
Board of Trustees to meet not less frequently than once each six
months, struck out provisions from cl. (3) which required the Board
to report immediately to the Congress whenever the Board is of the
opinion that during the ensuing five fiscal years either of the
Trust Funds will exceed three times the highest annual expenditures
from such Trust Fund anticipated during that five-fiscal-year
period, and added cl. (5).
Subsec. (d). Pub. L. 86-778, Sec. 701(d), substituted "shall bear
interest at a rate equal to the average market yield (computed by
the Managing Trustee on the basis of market quotations as of the
end of the calendar month next preceding the date of such issue) on
all marketable interest-bearing obligations of the United States
then forming a part of the public debt which are not due or
callable until after the expiration of four years from the end of
such calendar month" for "bear interest at a rate equal to the
average rate of interest, computed as to the end of the calendar
month next preceding the date of such issue, borne by all
marketable interest-bearing obligations of the United States then
forming a part of the Public Debt that are not due or callable
until after the expiration of five years from the date of original
issue", and substituted provisions authorizing the purchase of
other interest-bearing obligations when the Managing Trustee
determines that it is in the public interest for provisions which
authorized the issuance of obligations by the Trust Funds only if
the Managing Trustee determined that the purchase of other
obligations was not in the public interest.
Subsec. (e). Pub. L. 86-778, Sec. 701(e), substituted "public-
debt obligations" for "special obligations" in two places.
1959 - Subsec. (d). Pub. L. 86-346 substituted "on original issue
at the issue price" for "on original issue at par".
1958 - Subsec. (h). Pub. L. 85-840 provided that benefit payments
required to be made under subsection (b), (c), or (d) of section
402 of this title to individuals entitled to benefits on the basis
of the wages and self-employment income of an individual entitled
to disability insurance benefits be made only from the Federal
Disability Insurance Trust Fund.
1956 - Act Aug. 1, 1956, amended section generally, inserting
references to taxes imposed by the Internal Revenue Code of 1954,
substituting "Secretary of Health, Education, and Welfare" for
"Federal Security Administrator," creating the Federal Disability
Insurance Trust Fund, requiring obligations issued for purchase by
the Trust Funds to have maturities fixed with due regard for the
needs of the Trust Funds, authorizing to be made available for
expenditure out of the Trust Funds such amounts as Congress deems
necessary to pay costs of administration of subchapter, and
requiring the Secretary of Health, Education, and Welfare to
analyze costs of administration so that each Trust Fund may be
charged with its proper share.
1950 - Subsec. (a). Act Aug. 28, 1950, Sec. 109(a)(1)-(3),
substituted "such amounts as may be appropriated to, or deposited
in, the Trust Fund" for "such amounts as may be appropriated to the
Trust Fund" in second sentence, simplified the accounting and
collection processes required for determining the amounts
appropriated to the trust fund, as set out in third sentence, and
struck out fourth sentence authorizing appropriation of additional
funds.
Subsec. (b). Act Aug. 28, 1950, Sec. 109(a)(4)-(8), substituted
"Federal Security Administrator" for "Chairman of the Social
Security Board", changed filing date for annual report from first
day of each regular session of Congress to March 1 of each year,
added par. (4), inserted sentence to require report to be printed
as a House document, and made Commissioner of Social Security the
Secretary of the Board of Trustees.
Subsec. (f). Act. Aug. 28, 1950, Sec. 109(a)(9), changed
reference in text from Title II of the Federal Insurance
Contributions Act to subchapter A of chapter 9 and subchapter E of
chapter 1 of the Internal Revenue Code of 1939 to avoid confusion
and to include the new provisions of such Code relating to the
collection of taxes from the self-employed.
1944 - Subsec. (a). Act Feb. 25, 1944, inserted sentence
authorizing appropriation of additional funds.
1939 - Act Aug. 10, 1939, amended section generally.

EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-277, div. J, title IV, Sec. 4005(c), Oct. 21, 1998,
112 Stat. 2681-912, provided that: "The amendments made by
subsection (b) [amending this section] shall apply to benefits paid
on or after the first day of the second month beginning after the
month in which this Act is enacted [October 1998]."

EFFECTIVE DATE OF 1994 AMENDMENTS
Section 3(c) of Pub. L. 103-387 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to wages paid after December 31, 1993, and self-employment
income for taxable years beginning after such date."
Section 110 of title I of Pub. L. 103-296 provided that:
"(a) In General. - Except as otherwise provided in this title,
this title [see Tables for classification], and the amendments made
by such title, shall take effect March 31, 1995.
"(b) Transition Rules. - Section 106 [amending section 5315 of
Title 5, Government Organization and Employees, and enacting
provisions set out as a note under section 901 of this title] shall
take effect on the date of the enactment of this Act [Aug. 15,
1994].
"(c) Exceptions. - The amendments made by section 103 [amending
section 903 of this title], subsections (b)(4) and (c) of section
105 [enacting provisions set out in a note under section 901 of
this title], and subsections (a)(1), (e)(1), (e)(2), (e)(3), and
(l)(2) of section 108 [enacting section 913 of this title and
amending sections 5312, 5313, and 5315 of Title 5 and section 11 of
Pub. L. 95-452, Inspector General Act of 1978, set out in the
Appendix to Title 5] shall take effect on the date of the enactment
of this Act."
Section 301(c) of Pub. L. 103-296 provided that:
"(1) In general. - The amendments made by this section [amending
this section] shall apply with respect to obligations issued, and
payments made, after 60 days after the date of the enactment of
this Act [Aug. 15, 1994].
"(2) Treatment of outstanding obligations. - Not later than 60
days after the date of the enactment of this Act, the Secretary of
the Treasury shall issue to the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund, as applicable, a paper instrument, in the form of a bond,
note, or certificate of indebtedness, for each obligation which has
been issued to the Trust Fund under section 201(d) of the Social
Security Act [subsec. (d) of this section] and which is outstanding
as of such date. Each such document shall set forth the principal
amount, date of maturity, and interest rate of the obligation, and
shall state on its face that the obligation shall be incontestable
in the hands of the Trust Fund to which it was issued, that the
obligation is supported by the full faith and credit of the United
States, and that the United States is pledged to the payment of the
obligation with respect to both principal and interest."
Section 321(c)(1)(A)(ii) of Pub. L. 103-296 provided that: "The
amendments made by clause (i) [amending this section] shall apply
only with respect to periods beginning on or after the date of the
enactment of this Act [Aug. 15, 1994]."
Section 321(c)(1)(B)(ii) of Pub. L. 103-296 provided that: "The
amendments made by clause (i) [amending this section] shall apply
only with respect to wages paid on or after January 1, 1995."

EFFECTIVE DATE OF 1990 AMENDMENT
Section 5106(d) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section and sections 406, 1320a-
6, 1383, and 1395i of this title] shall apply with respect to
determinations made on or after July 1, 1991, and to reimbursement
for travel expenses incurred on or after April 1, 1991."
Section 5115(c)[(b)] of Pub. L. 101-508 provided that: "The
amendments made by this section [amending this section] shall
become effective on the first day of the month following the month
in which this Act is enacted [November 1991]."
Amendment by section 13304 of Pub. L. 101-508 effective for
annual reports of the Board of Trustees issued in or after calendar
year 1991, see section 13306 of Pub. L. 101-508, set out as a note
under section 632 of Title 2, The Congress.

EFFECTIVE DATE OF 1989 AMENDMENT
Section 202(b) of Pub. L. 101-234 provided that: "The provisions
of subsection (a) [set out below] shall take effect January 1,
1990, and the repeal of section 211 of MCCA [Pub. L. 100-360, which
amended sections 1395r, 1395w, and 1395mm of this title and enacted
provisions set out as a note under section 1395r of this title]
shall apply to premiums for months beginning after December 31,
1989."

EFFECTIVE DATE OF 1988 AMENDMENT
Section 8005(b) of Pub. L. 100-647 provided that: "The amendments
made by this section [amending this section and sections 1395i and
1395t of this title] shall apply to members of the Boards of
Trustees of the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund, of the Federal
Hospital Insurance Trust Fund, and of the Federal Supplementary
Medical Insurance Trust Fund serving on such Boards of Trustees as
members of the public on or after the date of the enactment of this
Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT
Section 9213(c) of Pub. L. 99-272 provided that: "The amendments
made by this section [amending this section and sections 1395i and
1395t of this title] shall become effective on the date of the
enactment of this Act [Apr. 7, 1986]."

EFFECTIVE DATE OF 1984 AMENDMENT
Section 2664 of Pub. L. 98-369 provided that:
"(a) Except as otherwise specifically provided, the amendments
made by sections 2661 and 2662 [amending this section and sections
402, 403, 405, 409, 410, 415, 416, 423, 428, and 429 of this title
and sections 86, 134, 422A, 3121, 3306, and 6334 of Title 26,
Internal Revenue Code, enacting provisions set out as notes under
sections 402 and 403 of this title and sections 3121 and 3306 of
Title 26, and amending provisions set out as notes under sections
415 and 902 of this title, section 3121 of Title 26, and section
3023 [now 5123] of Title 38, Veterans' Benefits] shall be effective
as though they had been included in the enactment of the Social
Security Amendments of 1983 (Public Law 98-21).
"(b) Except to the extent otherwise specifically provided in this
subtitle [subtitle D (Secs. 2661-2664) of Pub. L. 98-369], the
amendments made by section 2663 [amending this section and sections
402, 403, 405, 408-410, 411, 413, 415, 416-418, 421-423, 426, 428,
430, 431, 433, 502, 503, 602, 603, 606, 607, 609, 610, 614, 615,
620, 631, 632, 633, 634, 636, 641, 643-645, 652-654, 656, 660, 662,
674, 902, 903, 907, 1101, 1104, 1108, 1301, 1302, 1306, 1307, 1314-
1316, 1320, 1320a-5, 1320b-1, 1381a-1382a, 1382c, 1382d, 1382g,
1382j, 1383, 1395i, 1395s-1395u, 1396, 1397a, and 1397e of this
title and sections 51, 1402, 3121, 6057, 6103, and 6511 of Title
26, repealing sections 1331-1336 of this title, and enacting
provisions set out as notes under sections 1301 and 1307 of this
title] shall be effective on the date of the enactment of this Act
[July 18, 1984]; but none of such amendments shall be construed as
changing or affecting any right, liability, status, or
interpretation which existed (under the provisions of law involved)
before that date."

EFFECTIVE DATE OF 1983 AMENDMENT
Section 141(c) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section and section 1395i of
this title] shall become effective on the first day of the month
following the month in which this Act is enacted [April 1983]."
Section 142(a)(2)(B) of Pub. L. 98-21 provided that: "The
amendment made by this paragraph [amending this section] shall
apply with respect to months beginning more than thirty days after
the date of enactment of this Act [Apr. 20, 1983]."
Section 152(b) of Pub. L. 98-21 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to all checks for benefits under title II of the Social
Security Act [this subchapter] which are issued on or after the
first day of the twenty-fourth month following the month in which
this Act is enacted [April 1983]."
Section 154(e) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section and sections 1395i and
1395t of this title] shall take effect on the date of the enactment
of this Act [Apr. 20, 1983]."
Section 341(d) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section and sections 1395i and
1395t of this title] shall become effective on the date of
enactment of this Act [Apr. 20, 1983]."

EFFECTIVE DATE OF 1981 AMENDMENT
Section 1(c) of Pub. L. 97-123 provided that: "The amendments
made by this section [amending this section and section 1395i of
this title] shall be effective on the date of the enactment of this
Act [Dec. 29, 1981]."

EFFECTIVE DATE OF 1980 AMENDMENT
Section 2 of Pub. L. 96-403 provided that: "The amendments made
by the first section of this Act [amending this section] shall
apply with respect to remuneration paid, and taxable years
beginning after December 31, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-216 applicable with respect to
remuneration paid or received, and taxable years beginning after
1977, see section 104 of Pub. L. 95-216, set out as a note under
section 1401 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1972 AMENDMENT
Section 132(f) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section and sections 1395i and
1395t of this title] shall apply with respect to gifts and bequests
received after the date of enactment of this Act [Oct. 30, 1972]."
Section 305(c) of Pub. L. 92-603 provided that: "The provisions
of this section [amending this section and enacting provisions set
out as a note under this section] shall become effective on the
date of enactment of this Act [Oct. 30, 1972]."

EFFECTIVE DATE OF 1960 AMENDMENT
Section 701(f) of Pub. L. 86-778 provided that: "The amendments
made by this section [amending this section] shall take effect on
the first day of the first month beginning after the date of the
enactment of this Act [Sept. 13, 1960]."

EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-840 applicable with respect to monthly
benefits under this subchapter for months after August 1958, but
only if an application for such benefits is filed on or after Aug.
28, 1958, see section 207(a) of Pub. L. 85-840, set out as a note
under section 416 of this title.

EFFECTIVE DATE OF 1939 AMENDMENT
Section 201 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.

CONSTRUCTION OF 1994 AMENDMENT
Section 321(d) of Pub. L. 103-296 provided that:
"(1) The preceding provisions of this section [amending this
section and sections 402, 403, 405, 408 to 411, 413, 415, 416, 418,
423, 429, 430, and 432 of this title, and enacting provisions set
out as notes under this section and sections 402 and 430 of this
title] shall be construed only as technical and clerical
corrections and as reflecting the original intent of the provisions
amended thereby.
"(2) Any reference in title II of the Social Security Act [this
subchapter] to the Internal Revenue Code of 1986 [26 U.S.C. 1 et
seq.] shall be construed to include a reference to the Internal
Revenue Code of 1954 to the extent necessary to carry out the
provisions of paragraph (1)."

NO IMPACT ON SOCIAL SECURITY TRUST FUNDS
Pub. L. 107-147, title V, Sec. 501, Mar. 9, 2002, 116 Stat. 58,
provided that:
"(a) In General. - Nothing in this Act [see Tables for
classification] (or an amendment made by this Act) shall be
construed to alter or amend title II of the Social Security Act
[this subchapter] (or any regulation promulgated under that Act
[this chapter]).
"(b) Transfers. -
"(1) Estimate of secretary. - The Secretary of the Treasury
shall annually estimate the impact that the enactment of this Act
has on the income and balances of the trust funds established
under section 201 of the Social Security Act (42 U.S.C. 401).
"(2) Transfer of funds. - If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the trust
funds established under section 201 of the Social Security Act
(42 U.S.C. 401), the Secretary shall transfer, not less
frequently than quarterly, from the general revenues of the
Federal Government an amount sufficient so as to ensure that the
income and balances of such trust funds are not reduced as a
result of the enactment of this Act."

IMPACT OF PUB. L. 107-134 ON SOCIAL SECURITY TRUST FUNDS
Pub. L. 107-134, title III, Sec. 301, Jan. 23, 2002, 115 Stat.
2444, provided that:
"(a) In General. - Nothing in this Act [see Short Title of 2002
Amendment note set out under section 1 of Title 26, Internal
Revenue Code] (or an amendment made by this Act) shall be construed
to alter or amend title II of the Social Security Act [this
subchapter] (or any regulation promulgated under that Act [this
chapter]).
"(b) Transfers. -
"(1) Estimate of secretary. - The Secretary of the Treasury
shall annually estimate the impact that the enactment of this Act
has on the income and balances of the trust funds established
under section 201 of the Social Security Act (42 U.S.C. 401).
"(2) Transfer of funds. - If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the trust
funds established under section 201 of the Social Security Act
(42 U.S.C. 401), the Secretary shall transfer, not less
frequently than quarterly, from the general revenues of the
Federal Government an amount sufficient so as to ensure that the
income and balances of such trust funds are not reduced as a
result of the enactment of this Act."

STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING COORDINATION OF THE
DI AND SSI PROGRAMS AS THEY RELATE TO INDIVIDUALS ENTERING OR
LEAVING CONCURRENT ENTITLEMENT
Pub. L. 106-170, title III, Sec. 303(b), Dec. 17, 1999, 113 Stat.
1904, provided that, as soon as practicable after Dec. 17, 1999,
the Comptroller General was to undertake a study to evaluate the
coordination of the disability insurance program under title II of
the Social Security Act (42 U.S.C. 401 et seq.) and the
supplemental security income program under title XVI (42 U.S.C.
1381 et seq.) of that Act, as such programs related to individuals
entering or leaving concurrent entitlement under such programs,
specifically addressing the effectiveness of work incentives under
such programs and the effectiveness of coverage of such individuals
under titles XVIII and XIX of that Act (42 U.S.C. 1395 et seq.,
1396 et seq.), and not later than 3 years after Dec. 17, 1999, was
to transmit to the appropriate congressional committees a report
presenting the results of the study and any appropriate
recommendations for legislative or administrative changes.

USE OF CONTINUING DISABILITY REVIEW FUNDS AND REPORT REQUIREMENT
Section 103(d) of Pub. L. 104-121, as amended by Pub. L. 104-193,
title II, Sec. 211(d)(5)(D), Aug. 22, 1996, 110 Stat. 2192,
provided that:
"(1) In general. - The Commissioner of Social Security shall
ensure that funds made available for continuing disability reviews
(as defined in section 201(g)(1)(A) of the Social Security Act
[subsec. (g)(1)(A) of this section]) are used, to the greatest
extent practicable, to maximize the combined savings in the old-
age, survivors, and disability insurance, supplemental security
income, Medicare, and medicaid programs, except that the amounts
appropriated pursuant to the authorization and discretionary
spending allowance provisions in section 211(d)(2)(5) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 [probably means section 211(d)(5) of Pub. L. 104-193, which
amended sections 665e and 901 of Title 2, The Congress, enacted
provisions set out as a note under section 1382c of this title, and
amended this note] shall be used only for continuing disability
reviews and redeterminations under title XVI of the Social Security
Act [subchapter XVI of this chapter].
"(2) Report. - The Commissioner of Social Security shall provide
annually (at the conclusion of each of the fiscal years 1996
through 2002) to the Congress a report on continuing disability
reviews which includes -
"(A) the amount spent on continuing disability reviews in the
fiscal year covered by the report, and the number of reviews
conducted, by category of review;
"(B) the results of the continuing disability reviews in terms
of cessations of benefits or determinations of continuing
eligibility, by program; and
"(C) the estimated savings over the short-, medium-, and
long-term to the old-age, survivors, and disability insurance,
supplemental security income, Medicare, and medicaid programs
from continuing disability reviews which result in cessations of
benefits and the estimated present value of such savings."

REPEAL OF CHANGES IN MEDICARE PART B MONTHLY PREMIUM AND FINANCING
Section 202(a) of Pub. L. 101-234 provided that: "Sections 211
through 213 (other than sections 211(b) and 211(c)(3)(B)) of MCCA
[Pub. L. 100-360, which enacted sections 1395t-1 and 1395t-2 of
this title, amended this section and sections 1395i, 1395l, 1395r,
1395s, 1395t, 1395w, and 1395mm of this title, and enacted
provisions set out as a note under section 1395r of this title] are
repealed and the provisions of law amended or repealed by such
sections are restored or revised as if such sections had not been
enacted."

TRANSFER OF EQUIVALENT OF 1983 TAX INCREASES TO PAYOR FUNDS;
REPORTS
Section 121(e) of Pub. L. 98-21, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-66, title XIII,
Sec. 13215(c), Aug. 10, 1993, 107 Stat. 476; Pub. L. 104-188, title
I, Sec. 1703(n)(12), Aug. 20, 1996, 110 Stat. 1877, provided that:
"(1) In general. - (A) There are hereby appropriated to each
payor fund amounts equivalent to (i) the aggregate increase in tax
liabilities under chapter 1 of the Internal Revenue Code of 1986
[26 U.S.C. 1 et seq.] which is attributable to the application of
sections 86 and 871(a)(3) of such Code (as added by this section)
[26 U.S.C. 86, 871(a)(3)] to payments from such payor fund, less
(ii) the amounts equivalent to the aggregate increase in tax
liabilities under chapter 1 of the Internal Revenue Code of 1986
which is attributable to the amendments to section 86 of such Code
made by section 13215 of the Revenue Reconciliation Act of 1993
[Pub. L. 103-66].
"(B) There are hereby appropriated to the hospital insurance
trust fund amounts equal to the increase in tax liabilities
described in subparagraph (A)(ii). Such appropriated amounts shall
be transferred from the general fund of the Treasury on the basis
of estimates of such tax liabilities made by the Secretary of the
Treasury. Transfers shall be made pursuant to a schedule made by
the Secretary of the Treasury that takes into account estimated
timing of collection of such liabilities.
"(2) Transfers. - The amounts appropriated by paragraph (1)(A) to
any payor fund shall be transferred from time to time (but not less
frequently than quarterly) from the general fund of the Treasury on
the basis of estimates made by the Secretary of the Treasury of the
amounts referred to in such paragraph. Any such quarterly payment
shall be made on the first day of such quarter and shall take into
account social security benefits estimated to be received during
such quarter. Proper adjustments shall be made in the amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
"(3) Definitions. - For purposes of this subsection -
"(A) Payor fund. - The term 'payor fund' means any trust fund
or account from which payments of social security benefits are
made.
"(B) Hospital insurance trust fund. - The term 'hospital
insurance trust fund' means the fund established pursuant to
section 1817 of the Social Security Act [section 1395i of this
title].
"(C) Social security benefits. - The term 'social security
benefits' has the meaning given such term by section 86(d)(1) of
the Internal Revenue Code of 1986 [26 U.S.C. 86(d)(1)].
"(4) Reports. - The Secretary of the Treasury shall submit annual
reports to the Congress and to the Secretary of Health and Human
Services and the Railroad Retirement Board on -
"(A) the transfers made under this subsection during the year,
and the methodology used in determining the amount of such
transfers and the funds or account to which made, and
"(B) the anticipated operation of this subsection during the
next 5 years."
[For termination, effective May 15, 2000, of provisions relating
to submission of annual reports to Congress in section 121(e)(4) of
Pub. L. 98-21, set out above, see section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance, and item 17 on page 143 of House Document No. 103-7.]

REIMBURSEMENT TO TRUST FUNDS FOR UNNEGOTIATED BENEFIT CHECKS
Section 152(c) of Pub. L. 98-21 provided that:
"(1) The Secretary of the Treasury shall transfer from the
general fund of the Treasury to the Federal Old-Age and Survivors
Insurance Trust Fund and to the Federal Disability Insurance Trust
Fund, in the month following the month in which this Act is enacted
[April 1983] and in each of the succeeding 30 months, such sums as
may be necessary to reimburse such Trust Funds in the total amount
of all checks (including interest thereof) which he and the
Secretary of Health and Human Services jointly determine to be
unnegotiated benefit checks, to the extent provided in advance in
appropriation Acts. After any amounts authorized by this subsection
have been transferred to a Trust Fund with respect to any benefit
check, the provisions of paragraphs (3) and (4) of section 201(m)
of the Social Security Act [subsec. (m)(3), (4) of this section]
(as added by subsection (a) of this section) shall be applicable to
such check.
"(2) As used in paragraph (1), the term 'unnegotiated benefit
checks' means checks for benefits under title II of the Social
Security Act [this subchapter] which are issued prior to the twenty-
fourth month following the month in which this Act is enacted
[April 1983], which remain unnegotiated after the sixth month
following the date on which they were issued, and with respect to
which no transfers have previously been made in accordance with the
first sentence of such paragraph."

STUDY OF FLOAT PERIOD OF MONTHLY INSURANCE BENEFIT CHECKS
Section 153 of Pub. L. 98-21 directed Secretary of Health and
Human Services and Secretary of the Treasury jointly to undertake a
thorough study with respect to period of time (referred to as
"float period") between issuance of checks from general fund of
Treasury in payment of monthly insurance benefits under title II of
the Social Security Act [this subchapter] and transfer to general
fund from Federal Old-Age and Survivors Insurance Trust Fund or
Federal Disability Insurance Trust Fund, as applicable, of amounts
necessary to compensate general fund for issuance of such checks,
with Secretaries to submit a report to President an Congress not
later than twelve months after Apr. 20, 1983, on their findings as
to necessity of making adjustments in procedures governing payment
of monthly insurance benefits.

DUE DATE FOR 1983 REPORT ON OPERATION AND STATUS OF TRUST FUND
Section 154(d) of Pub. L. 98-21 provided that notwithstanding
sections 401(c)(2), 1395i(b)(2), and 1395t(b)(2) of this title, the
annual reports of the Boards of Trustees of the Trust Funds which
are required in calendar year 1983 under those sections may be
filed at any time not later than forty-five days after Apr. 20,
1983.

STUDY RELATING TO ESTABLISHMENT OF TIME LIMITATIONS FOR DECISIONS
ON CLAIMS FOR BENEFITS; REPORT
Section 308 of Pub. L. 96-265 directed Secretary of Health and
Human Services to submit to Congress, no later than July 1, 1980, a
report recommending establishment of appropriate time limitations
governing decisions on claims for benefits under this subchapter,
taking into account both need for expeditious processing of claims
for benefits and need to assure that all such claims will be
thoroughly considered and accurately determined.

EFFECTS OF CERTAIN AMENDMENTS BY PUB. L. 96-265; REPORT
Section 312 of Pub. L. 96-265 directed Secretary of Health and
Human Services to submit to Congress, not later than Jan. 1, 1985,
a full and complete report as to effects produced by reason of
preceding provisions of this Act and amendments made thereby (see
Tables for classification).

APPOINTMENT AND COMPENSATION OF INDIVIDUALS NECESSARY TO ASSIST THE
BOARD OF TRUSTEES
Section 8(e) of Pub. L. 94-202 provided that: "Any persons the
Board of Trustees finds necessary to employ to assist it in
performing its functions under section 201(g)(4) of the Social
Security Act [subsec. (g)(4) of this section] may be appointed
without regard to the civil service or classification laws, shall
be compensated, while so employed at rates fixed by the Board of
Trustees, but not exceeding $100 per day, and, while away from
their homes or regular places of business, they may be allowed
traveling expenses, including per diem in lieu of subsistence, as
authorized by law for persons in the Government service employed
intermittently."

METHOD OF DETERMINING COSTS PRESCRIBED BY THE BOARD OF TRUSTEES
CERTIFICATION AND TRANSFER OF FUNDS
Section 8(f) of Pub. L. 94-202, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
Secretary shall not make any estimates pursuant to section
201(g)(1)(A)(ii) of the Social Security Act [subsec. (g)(1)(A)(ii)
of this section] before the Board of Trustees prescribes the method
of determining costs as provided in section 201(g)(4) of such Act
[subsec. (g)(4) of this section]. The determinations pursuant to
section 201(g)(1)(B) of the Social Security Act [subsec. (g)(1)(B)
of this section] with respect to the carrying out of the functions
of the Department of Health, Education, and Welfare [now Health and
Human Services] specified in section 232 of such Act [section 432
of this title], which relate to the administration of provisions of
the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (other
than those referred to in clause (i) of the first sentence of
section 201(g)(1)(A) of the Social Security Act [subsec. (g)(1)(A)
of this section]), during fiscal years ending before the Board of
Trustees prescribes the method of making such determinations, shall
be made after the Board of Trustees has prescribed such method. The
Secretary of Health, Education, and Welfare [now Health and Human
Services] shall certify to the Managing Trustee the amounts that
should be transferred from the general fund in the Treasury to the
Trust Funds (as referred to in section 201(g)(1)(A) of the Social
Security Act [subsec. (g)(1)(A) of this section]) to insure that
the general fund in the Treasury bears its proper share of the
costs of carrying out such functions in such fiscal years. The
Managing Trustee is authorized and directed to transfer any such
amounts in accordance with any certification so made."

ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE EXPENSES
Section 305(b) of Pub. L. 92-603 provided that:
"(1) Sums appropriated pursuant to section 1601 of the Social
Security Act [section 1381 of this title] shall be utilized from
time to time, in amounts certified under the second sentence of
section 201(g)(1)(A) of such Act [subsec. (g)(1)(A) of this
section], to repay the Trust Funds for expenditures made from such
Funds in any fiscal year under section 201(g)(1)(A) of such Act (as
amended by subsection (a) of this section) [amending subsec.
(g)(1)(A) of this section] on account of the costs of
administration of title XVI of such Act [subchapter XVI of this
chapter] (as added by section 301 of this Act).
"(2) If the Trust Funds have not theretofore been repaid for
expenditures made in any fiscal year (as described in paragraph
(1)) to the extent necessary on account of -
"(A) expenditures made from such Funds prior to the end of such
fiscal year to the extent that the amount of such expenditures
exceeded the amount of the expenditures which would have been
made from such Funds if subsection (a) had not been enacted,
"(B) the additional administrative expenses, if any, resulting
from the excess expenditures described in subparagraph (A), and
"(C) any loss in interest to such Funds resulting from such
excess expenditures and such administrative expenses,
in order to place each such Fund in the same position (at the end
of such fiscal year) as it would have been in if such excess
expenditures had not been made, the amendments made by subsection
(a) shall cease to be effective at the close of the fiscal year
following such fiscal year.
"(3) As used in this subsection, the term 'Trust Funds' has the
meaning given it in section 201(g)(1)(A) of the Social Security Act
[subsec. (g)(1)(A) of this section]."

ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE PURPOSES; FISCAL YEAR
TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976,
DEEMED FISCAL YEAR
Fiscal year transition period of July 1, 1976, through Sept. 30,
1976, deemed fiscal year for purposes of section 305(b) of Pub. L.
92-603, set out as a note above, relating to advances from trust
funds for administrative purposes, see section 201(11) of Pub. L.
94-274, title II, Apr. 21, 1976, 90 Stat. 390, set out as a note
under section 343 of Title 7, Agriculture.

GIFTS AND BEQUESTS FOR THE USE OF THE UNITED STATES AND FOR
EXCLUSIVELY PUBLIC PURPOSES
Section 132(g) of Pub. L. 92-603 provided that: "For the purpose
of Federal income, estate, and gift taxes, any gift or bequest to
the Federal Old-Age and Survivors Insurance Trust Fund, the Federal
Disability Insurance Trust Fund, the Federal Hospital Insurance
Trust Fund, or the Federal Supplementary Medical Insurance Trust
Fund, or to the Department of Health, Education, and Welfare [now
Health and Human Services], or any part or officer thereof, for the
benefit of any of such Funds or any activity financed through any
of such Funds, which is accepted by the Managing Trustee of such
Trust Funds under the authority of section 201(i) of the Social
Security Act [subsec. (i) of this section], shall be considered as
a gift or bequest to or for the use of the United States and as
made for exclusively public purposes."

TAXES ON SERVICES RENDERED BY EMPLOYEES OF INTERNATIONAL
ORGANIZATIONS PRIOR TO JAN. 1, 1946
Section 5(b) of act Dec. 29, 1945, ch. 652, title I, 59 Stat.
671, prohibited collection of tax under title VIII or IX of the
Social Security Act or under the Federal Insurance Contributions
Act or the Federal Unemployment Tax Act with respect to services
rendered prior to January 1, 1946, which were described in
paragraph (16) of sections 1426(b) and 1607(c) of the Internal
Revenue Code of 1939, and authorized refund of taxes collected.


-EXEC-
EXECUTIVE ORDER NO. 12335
Ex. Ord. No. 12335, Dec. 16, 1981, 46 F.R. 61633, as amended by
Ex. Ord. No. 12397, Dec. 23, 1982, 47 F.R. 57651; Ex. Ord. No.
12402, Jan. 15, 1983, 48 F.R. 2311, which established the National
Commission on Social Security Reform and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12534,
Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.

-FOOTNOTE-
(!1) So in original. Two cls. (i) and (ii) have been enacted.

(!2) So in original. Probably should be "(vii)".

(!3) So in original. Probably should be "Commissioner".


-End-



-CITE-
42 USC Sec. 401a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 401a. Omitted

-COD-
CODIFICATION
Section, acts Aug. 1, 1956, ch. 836, title I, Sec. 116, 70 Stat.
833; Sept. 13, 1966, Pub. L. 86-778, title VII, Sec. 704, 74 Stat.
994; July 30, 1965, Pub. L. 89-97, title I, Sec. 109(b), 79 Stat.
340, which established an initial Advisory Council on Social
Security Financing to review the status of the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund in relation to long term commitments to old-age,
survivors, and disability insurance programs, appointed personnel
and provided for their compensation, required a report of the
findings and recommendations of the Council to be submitted to the
Secretary of the Board of Trustees of the abovementioned Trust
Funds not later than Jan. 1, 1959, at which time the Council
terminated, provided for subsequent Advisory Councils to be
appointed in 1963, 1966, and every fifth year thereafter and to
submit reports to Congress, and required additional information be
included in these reports, was omitted in view of the termination
of the initial Advisory Council on submission of their report not
later than Jan. 1, 1959, the repeal of subsec. (e) by Pub. L. 89-
97, title I, Sec. 109(b), July 30, 1965, 79 Stat. 340, which
provided for the subsequent Advisory Councils, and the obsolescence
of subsec. (f), which provided for additional information in
reports to Congress, upon the repeal of subsec. (e).

-End-



-CITE-
42 USC Sec. 402 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 402. Old-age and survivors insurance benefit payments

-STATUTE-
(a) Old-age insurance benefits
Every individual who -
(1) is a fully insured individual (as defined in section 414(a)
of this title),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was
entitled to disability insurance benefits for the month preceding
the month in which he attained retirement age (as defined in
section 416(l) of this title),

shall be entitled to an old-age insurance benefit for each month,
beginning with -
(A) in the case of an individual who has attained retirement
age (as defined in section 416(l) of this title), the first month
in which such individual meets the criteria specified in
paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but
has not attained retirement age (as defined in section 416(l) of
this title), the first month throughout which such individual
meets the criteria specified in paragraphs (1) and (2) (if in
that month he meets the criterion specified in paragraph (3)),

and ending with the month preceding the month in which he dies.
Except as provided in subsection (q) and subsection (w) of this
section, such individual's old-age insurance benefit for any month
shall be equal to his primary insurance amount (as defined in
section 415(a) of this title) for such month.
(b) Wife's insurance benefits
(1) The wife (as defined in section 416(b) of this title) and
every divorced wife (as defined in section 416(d) of this title) of
an individual entitled to old-age or disability insurance benefits,
if such wife or such divorced wife -
(A) has filed application for wife's insurance benefits,
(B) has attained age 62 or (in the case of a wife) has in her
care (individually or jointly with such individual) at the time
of filing such application a child entitled to a child's
insurance benefit on the basis of the wages and self-employment
income of such individual,
(C) in the case of a divorced wife, is not married, and
(D) is not entitled to old-age or disability insurance
benefits, or is entitled to old-age or disability insurance
benefits based on a primary insurance amount which is less than
one-half of the primary insurance amount of such individual,

shall (subject to subsection (s) of this section) be entitled to a
wife's insurance benefit for each month, beginning with -
(i) in the case of a wife or divorced wife (as so defined) of
an individual entitled to old-age benefits, if such wife or
divorced wife has attained retirement age (as defined in section
416(l) of this title), the first month in which she meets the
criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a wife or divorced wife (as so defined) of -

(I) an individual entitled to old-age insurance benefits, if
such wife or divorced wife has not attained retirement age (as
defined in section 416(l) of this title), or
(II) an individual entitled to disability insurance benefits,

the first month throughout which she is such a wife or divorced
wife and meets the criteria specified in subparagraphs (B), (C),
and (D) (if in such month she meets the criterion specified in
subparagraph (A)),

whichever is earlier, and ending with the month preceding the month
in which any of the following occurs -
(E) she dies,
(F) such individual dies,
(G) in the case of a wife, they are divorced and either (i) she
has not attained age 62, or (ii) she has attained age 62 but has
not been married to such individual for a period of 10 years
immediately before the date the divorce became effective,
(H) in the case of a divorced wife, she marries a person other
than such individual,
(I) in the case of a wife who has not attained age 62, no child
of such individual is entitled to a child's insurance benefit,
(J) she becomes entitled to an old-age or disability insurance
benefit based on a primary insurance amount which is equal to or
exceeds one-half of the primary insurance amount of such
individual, or
(K) such individual is not entitled to disability insurance
benefits and is not entitled to old-age insurance benefits.

(2) Except as provided in subsections (k)(5) and (q) of this
section, such wife's insurance benefit for each month shall be
equal to one-half of the primary insurance amount of her husband
(or, in the case of a divorced wife, her former husband) for such
month.
(3) In the case of any divorced wife who marries -
(A) an individual entitled to benefits under subsection (c),
(f), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is
entitled to benefits under subsection (d) of this section,

such divorced wife's entitlement to benefits under this subsection
shall, notwithstanding the provisions of paragraph (1) (but subject
to subsection (s) of this section), not be terminated by reason of
such marriage.
(4)(A) Notwithstanding the preceding provisions of this
subsection, except as provided in subparagraph (B), the divorced
wife of an individual who is not entitled to old-age or disability
insurance benefits, but who has attained age 62 and is a fully
insured individual (as defined in section 414 of this title), if
such divorced wife -
(i) meets the requirements of subparagraphs (A) through (D) of
paragraph (1), and
(ii) has been divorced from such insured individual for not
less than 2 years,

shall be entitled to a wife's insurance benefit under this
subsection for each month, in such amount, and beginning and ending
with such months, as determined (under regulations of the
Commissioner of Social Security) in the manner otherwise provided
for wife's insurance benefits under this subsection, as if such
insured individual had become entitled to old-age insurance
benefits on the date on which the divorced wife first meets the
criteria for entitlement set forth in clauses (i) and (ii).
(B) A wife's insurance benefit provided under this paragraph
which has not otherwise terminated in accordance with subparagraph
(E), (F), (H), or (J) of paragraph (1) shall terminate with the
month preceding the first month in which the insured individual is
no longer a fully insured individual.
(c) Husband's insurance benefits
(1) The husband (as defined in section 416(f) of this title) and
every divorced husband (as defined in section 416(d) of this title)
of an individual entitled to old-age or disability insurance
benefits, if such husband or such divorced husband -
(A) has filed application for husband's insurance benefits,
(B) has attained age 62 or (in the case of a husband) has in
his care (individually or jointly with such individual) at the
time of filing such application a child entitled to child's
insurance benefits on the basis of the wages and self-employment
income of such individual,
(C) in the case of a divorced husband, is not married, and
(D) is not entitled to old-age or disability insurance
benefits, or is entitled to old-age or disability insurance
benefits based on a primary insurance amount which is less than
one-half of the primary insurance amount of such individual,

shall (subject to subsection(s) of this section) be entitled to a
husband's insurance benefit for each month, beginning with -
(i) in the case of a husband or divorced husband (as so
defined) of an individual who is entitled to an old-age insurance
benefit, if such husband or divorced husband has attained
retirement age (as defined in section 416(l) of this title), the
first month in which he meets the criteria specified in
subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a husband or divorced husband (as so
defined) of -
(I) an individual entitled to old-age insurance benefits, if
such husband or divorced husband has not attained retirement
age (as defined in section 416(l) of this title), or
(II) an individual entitled to disability insurance benefits,

the first month throughout which he is such a husband or divorced
husband and meets the criteria specified in subparagraphs (B),
(C), and (D) (if in such month he meets the criterion specified
in subparagraph (A)),

whichever is earlier, and ending with the month preceding the month
in which any of the following occurs:
(E) he dies,
(F) such individual dies,
(G) in the case of a husband, they are divorced and either (i)
he has not attained age 62, or (ii) he has attained age 62 but
has not been married to such individual for a period of 10 years
immediately before the divorce became effective,
(H) in the case of a divorced husband, he marries a person
other than such individual,
(I) in the case of a husband who has not attained age 62, no
child of such individual is entitled to a child's insurance
benefit,
(J) he becomes entitled to an old-age or disability insurance
benefit based on a primary insurance amount which is equal to or
exceeds one-half of the primary insurance amount of such
individual, or
(K) such individual is not entitled to disability insurance
benefits and is not entitled to old-age insurance benefits.

(2) Except as provided in subsections (k)(5) and (q) of this
section, such husband's insurance benefit for each month shall be
equal to one-half of the primary insurance amount of his wife (or,
in the case of a divorced husband, his former wife) for such month.
(3) In the case of any divorced husband who marries -
(A) an individual entitled to benefits under subsection (b),
(e), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is
entitled to benefits under subsection (d) of this section, by
reason of paragraph (1)(B)(ii) thereof,

such divorced husband's entitlement to benefits under this
subsection, notwithstanding the provisions of paragraph (1) (but
subject to subsection (s) of this section), shall not be terminated
by reason of such marriage.
(4)(A) Notwithstanding the preceding provisions of this
subsection, except as provided in subparagraph (B), the divorced
husband of an individual who is not entitled to old-age or
disability insurance benefits, but who has attained age 62 and is a
fully insured individual (as defined in section 414 of this title),
if such divorced husband -
(i) meets the requirements of subparagraphs (A) through (D) of
paragraph (1), and
(ii) has been divorced from such insured individual for not
less than 2 years,

shall be entitled to a husband's insurance benefit under this
subsection for each month, in such amount, and beginning and ending
with such months, as determined (under regulations of the
Commissioner of Social Security) in the manner otherwise provided
for husband's insurance benefits under this subsection, as if such
insured individual had become entitled to old-age insurance
benefits on the date on which the divorced husband first meets the
criteria for entitlement set forth in clauses (i) and (ii).
(B) A husband's insurance benefit provided under this paragraph
which has not otherwise terminated in accordance with subparagraph
(E), (F), (H), or (J) of paragraph (1) shall terminate with the
month preceding the first month in which the insured individual is
no longer a fully insured individual.
(d) Child's insurance benefits
(1) Every child (as defined in section 416(e) of this title) of
an individual entitled to old-age or disability insurance benefits,
or of an individual who dies a fully or currently insured
individual, if such child -
(A) has filed application for child's insurance benefits,
(B) at the time such application was filed was unmarried and
(i) either had not attained the age of 18 or was a full-time
elementary or secondary school student and had not attained the
age of 19, or (ii) is under a disability (as defined in section
423(d) of this title) which began before he attained the age of
22, and
(C) was dependent upon such individual -
(i) if such individual is living, at the time such
application was filed,
(ii) if such individual has died, at the time of such death,
or
(iii) if such individual had a period of disability which
continued until he became entitled to old-age or disability
insurance benefits, or (if he has died) until the month of his
death, at the beginning of such period of disability or at the
time he became entitled to such benefits,

shall be entitled to a child's insurance benefit for each month,
beginning with -
(i) in the case of a child (as so defined) of such an
individual who has died, the first month in which such child
meets the criteria specified in subparagraphs (A), (B), and (C),
or
(ii) in the case of a child (as so defined) of an individual
entitled to an old-age insurance benefit or to a disability
insurance benefit, the first month throughout which such child is
a child (as so defined) and meets the criteria specified in
subparagraphs (B) and (C) (if in such month he meets the
criterion specified in subparagraph (A)),

whichever is earlier, and ending with the month preceding whichever
of the following first occurs -
(D) the month in which such child dies, or marries,
(E) the month in which such child attains the age of 18, but
only if he (i) is not under a disability (as so defined) at the
time he attains such age, and (ii) is not a full-time elementary
or secondary school student during any part of such month,
(F) if such child was not under a disability (as so defined) at
the time he attained the age of 18, the earlier of -
(i) the first month during no part of which he is a full-time
elementary or secondary school student, or
(ii) the month in which he attains the age of 19,

but only if he was not under a disability (as so defined) in such
earlier month;
(G) if such child was under a disability (as so defined) at the
time he attained the age of 18 or if he was not under a
disability (as so defined) at such time but was under a
disability (as so defined) at or prior to the time he attained
(or would attain) the age of 22 -
(i) the termination month, subject to section 423(e) of this
title (and for purposes of this subparagraph, 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),

or (if later) the earlier of -
(ii) the first month during no part of which he is a full-
time elementary or secondary school student, or
(iii) the month in which he attains the age of 19,

but only if he was not under a disability (as so defined) in such
earlier month; or
(H) if the benefits under this subsection are based on the
wages and self-employment income of a stepparent who is
subsequently divorced from such child's natural parent, the month
after the month in which such divorce becomes final.

Entitlement of any child to benefits under this subsection on the
basis of the wages and self-employment income of an individual
entitled to disability insurance benefits shall also end with the
month before the first month for which such individual is not
entitled to such benefits unless such individual is, for such later
month, entitled to old-age insurance benefits or unless he dies in
such month. No payment under this paragraph may be made to a child
who would not meet the definition of disability in section 423(d)
of this title except for paragraph (1)(B) thereof for any month in
which he engages in substantial gainful activity.
(2) Such child's insurance benefit for each month shall, if the
individual on the basis of whose wages and self-employment income
the child is entitled to such benefit has not died prior to the end
of such month, be equal to one-half of the primary insurance amount
of such individual for such month. Such child's insurance benefit
for each month shall, if such individual has died in or prior to
such month, be equal to three-fourths of the primary insurance
amount of such individual.
(3) A child shall be deemed dependent upon his father or adopting
father or his mother or adopting mother at the time specified in
paragraph (1)(C) of this subsection unless, at such time, such
individual was not living with or contributing to the support of
such child and -
(A) such child is neither the legitimate nor adopted child of
such individual, or
(B) such child has been adopted by some other individual.

For purposes of this paragraph, a child deemed to be a child of a
fully or currently insured individual pursuant to section
416(h)(2)(B) or section 416(h)(3) of this title shall be deemed to
be the legitimate child of such individual.
(4) A child shall be deemed dependent upon his stepfather or
stepmother at the time specified in paragraph (1)(C) of this
subsection if, at such time, the child was receiving at least one-
half of his support from such stepfather or stepmother.
(5) In the case of a child who has attained the age of eighteen
and who marries -
(A) an individual entitled to benefits under subsection (a),
(b), (c), (e), (f), (g), or (h) of this section or under section
423(a) of this title, or
(B) another individual who has attained the age of eighteen and
is entitled to benefits under this subsection,

such child's entitlement to benefits under this subsection shall,
notwithstanding the provisions of paragraph (1) of this subsection
but subject to subsection (s) of this section, not be terminated by
reason of such marriage.
(6) A child whose entitlement to child's insurance benefits on
the basis of the wages and self-employment income of an insured
individual terminated with the month preceding the month in which
such child attained the age of 18, or with a subsequent month, may
again become entitled to such benefits (provided no event specified
in paragraph (1)(D) has occurred) beginning with the first month
thereafter in which he -
(A)(i) is a full-time elementary or secondary school student
and has not attained the age of 19, or (ii) is under a disability
(as defined in section 423(d) of this title) and has not attained
the age of 22, or
(B) is under a disability (as so defined) which began (i)
before the close of the 84th month following the month in which
his most recent entitlement to child's insurance benefits
terminated because he ceased to be under such disability, or (ii)
after the close of the 84th month following the month in which
his most recent entitlement to child's insurance benefits
terminated because he ceased to be under such disability due to
performance of substantial gainful activity,

but only if he has filed application for such reentitlement. Such
reentitlement shall end with the month preceding whichever of the
following first occurs:
(C) the first month in which an event specified in paragraph
(1)(D) occurs;
(D) the earlier of (i) the first month during no part of which
he is a full-time elementary or secondary school student or (ii)
the month in which he attains the age of 19, but only if he is
not under a disability (as so defined) in such earlier month; or
(E) if he was under a disability (as so defined), the
termination month (as defined in paragraph (1)(G)(i)), subject to
section 423(e) of this title, or (if later) the earlier of -
(i) the first month during no part of which he is a full-time
elementary or secondary school student, or
(ii) the month in which he attains the age of 19.

(7) For the purposes of this subsection -
(A) A "full-time elementary or secondary school student" is an
individual who is in full-time attendance as a student at an
elementary or secondary school, as determined by the Commissioner
of Social Security (in accordance with regulations prescribed by
the Commissioner) in the light of the standards and practices of
the schools involved, except that no individual shall be
considered a "full-time elementary or secondary school student"
if he is paid by his employer while attending an elementary or
secondary school at the request, or pursuant to a requirement, of
his employer. An individual shall not be considered a "full-time
elementary or secondary school student" for the purpose of this
section while that individual is confined in a jail, prison, or
other penal institution or correctional facility, pursuant to his
conviction of an offense (committed after the effective date of
this sentence (!1) ) which constituted a felony under applicable
law. An individual who is determined to be a full-time elementary
or secondary school student shall be deemed to be such a student
throughout the month with respect to which such determination is
made.

(B) Except to the extent provided in such regulations, an
individual shall be deemed to be a full-time elementary or
secondary school student during any period of nonattendance at an
elementary or secondary school at which he has been in full-time
attendance if (i) such period is 4 calendar months or less, and
(ii) he shows to the satisfaction of the Commissioner of Social
Security that he intends to continue to be in full-time
attendance at an elementary or secondary school immediately
following such period. An individual who does not meet the
requirement of clause (ii) with respect to such period of
nonattendance shall be deemed to have met such requirement (as of
the beginning of such period) if he is in full-time attendance at
an elementary or secondary school immediately following such
period.
(C)(i) An "elementary or secondary school" is a school which
provides elementary or secondary education, respectively, as
determined under the law of the State or other jurisdiction in
which it is located.
(ii) For the purpose of determining whether a child is a "full-
time elementary or secondary school student" or "intends to
continue to be in full-time attendance at an elementary or
secondary school", within the meaning of this subsection, there
shall be disregarded any education provided, or to be provided,
beyond grade 12.
(D) A child who attains age 19 at a time when he is a full-time
elementary or secondary school student (as defined in
subparagraph (A) of this paragraph and without application of
subparagraph (B) of such paragraph) but has not (at such time)
completed the requirements for, or received, a diploma or
equivalent certificate from a secondary school (as defined in
subparagraph (C)(i)) shall be deemed (for purposes of determining
whether his entitlement to benefits under this subsection has
terminated under paragraph (1)(F) and for purposes of determining
his initial entitlement to such benefits under clause (i) of
paragraph (1)(B)) not to have attained such age until the first
day of the first month following the end of the quarter or
semester in which he is enrolled at such time (or, if the
elementary or secondary school (as defined in this paragraph) in
which he is enrolled is not operated on a quarter or semester
system, until the first day of the first month following the
completion of the course in which he is so enrolled or until the
first day of the third month beginning after such time, whichever
first occurs).

(8) In the case of -
(A) an individual entitled to old-age insurance benefits (other
than an individual referred to in subparagraph (B)), or
(B) an individual entitled to disability insurance benefits, or
an individual entitled to old-age insurance benefits who was
entitled to disability insurance benefits for the month preceding
the first month for which he was entitled to old-age insurance
benefits,

a child of such individual adopted after such individual became
entitled to such old-age or disability insurance benefits shall be
deemed not to meet the requirements of clause (i) or (iii) of
paragraph (1)(C) unless such child -
(C) is the natural child or stepchild of such individual
(including such a child who was legally adopted by such
individual), or
(D)(i) was legally adopted by such individual in an adoption
decreed by a court of competent jurisdiction within the United
States, and
(ii) in the case of a child who attained the age of 18 prior to
the commencement of proceedings for adoption, the child was
living with or receiving at least one-half of the child's support
from such individual for the year immediately preceding the month
in which the adoption is decreed.

(9)(A) A child who is a child of an individual under clause (3)
of the first sentence of section 416(e) of this title and is not a
child of such individual under clause (1) or (2) of such first
sentence shall be deemed not to be dependent on such individual at
the time specified in subparagraph (1)(C) of this subsection unless
(i) such child was living with such individual in the United States
and receiving at least one-half of his support from such individual
(I) for the year immediately before the month in which such
individual became entitled to old-age insurance benefits or
disability insurance benefits or died, or (II) if such individual
had a period of disability which continued until he had become
entitled to old-age insurance benefits, or disability insurance
benefits, or died, for the year immediately before the month in
which such period of disability began, and (ii) the period during
which such child was living with such individual began before the
child attained age 18.
(B) In the case of a child who was born in the one-year period
during which such child must have been living with and receiving at
least one-half of his support from such individual, such child
shall be deemed to meet such requirements for such period if, as of
the close of such period, such child has lived with such individual
in the United States and received at least one-half of his support
from such individual for substantially all of the period which
begins on the date of such child's birth.
(10) For purposes of paragraph (1)(H) -
(A) each stepparent shall notify the Commissioner of Social
Security of any divorce upon such divorce becoming final; and
(B) the Commissioner shall annually notify any stepparent of
the rule for termination described in paragraph (1)(H) and of the
requirement described in subparagraph (A).
(e) Widow's insurance benefits
(1) The widow (as defined in section 416(c) of this title) and
every surviving divorced wife (as defined in section 416(d) of this
title) of an individual who died a fully insured individual, if
such widow or such surviving divorced wife -
(A) is not married,
(B)(i) has attained age 60, or (ii) has attained age 50 but has
not attained age 60 and is under a disability (as defined in
section 423(d) of this title) which began before the end of the
period specified in paragraph (4),
(C)(i) has filed application for widow's insurance benefits,
(ii) was entitled to wife's insurance benefits, on the basis of
the wages and self-employment income of such individual, for the
month preceding the month in which such individual died, and -
(I) has attained retirement age (as defined in section 416(l)
of this title),
(II) is not entitled to benefits under subsection (a) of this
section or section 423 of this title, or
(III) has in effect a certificate (described in paragraph
(8)) filed by her with the Commissioner of Social Security, in
accordance with regulations prescribed by the Commissioner of
Social Security, in which she elects to receive widow's
insurance benefits (subject to reduction as provided in
subsection (q) of this section), or

(iii) was entitled, on the basis of such wages and self-
employment income, to mother's insurance benefits for the month
preceding the month in which she attained retirement age (as
defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits or is
entitled to old-age insurance benefits each of which is less than
the primary insurance amount (as determined after application of
subparagraphs (B) and (C) of paragraph (2)) of such deceased
individual,

shall be entitled to a widow's insurance benefit for each month,
beginning with -
(E) if she satisfies subparagraph (B) by reason of clause (i)
thereof, the first month in which she becomes so entitled to such
insurance benefits, or
(F) if she satisfies subparagraph (B) by reason of clause (ii)
thereof -
(i) the first month after her waiting period (as defined in
paragraph (5)) in which she becomes so entitled to such
insurance benefits, or
(ii) the first month during all of which she is under a
disability and in which she becomes so entitled to such
insurance benefits, but only if she was previously entitled to
insurance benefits under this subsection on the basis of being
under a disability and such first month occurs (I) in the
period specified in paragraph (4) and (II) after the month in
which a previous entitlement to such benefits on such basis
terminated,

and ending with the month preceding the first month in which any of
the following occurs: she remarries, dies, becomes entitled to an
old-age insurance benefit equal to or exceeding the primary
insurance amount (as determined after application of subparagraphs
(B) and (C) of paragraph (2)) of such deceased individual, or, if
she became entitled to such benefits before she attained age 60,
subject to section 423(e) of this title, the termination month
(unless she attains retirement age (as defined in section 416(l) of
this title) on or before the last day of such termination month).
For purposes of the preceding sentence, the termination month for
any individual shall be the third month following the month in
which her 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 she engages or is determined able to engage in substantial
gainful activity.
(2)(A) Except as provided in subsection (k)(5) of this section,
subsection (q) of this section, and subparagraph (D) of this
paragraph, such widow's insurance benefit for each month shall be
equal to the primary insurance amount (as determined for purposes
of this subsection after application of subparagraphs (B) and (C))
of such deceased individual.
(B)(i) For purposes of this subsection, in any case in which such
deceased individual dies before attaining age 62 and section
415(a)(1) of this title (as in effect after December 1978) is
applicable in determining such individual's primary insurance
amount -
(I) such primary insurance amount shall be determined under the
formula set forth in section 415(a)(1)(B)(i) and (ii) of this
title which is applicable to individuals who initially become
eligible for old-age insurance benefits in the second year after
the year specified in clause (ii),
(II) the year specified in clause (ii) shall be substituted for
the second calendar year specified in section 415(b)(3)(A)(ii)(I)
of this title, and
(III) such primary insurance amount shall be increased under
section 415(i) of this title as if it were the primary insurance
amount referred to in section 415(i)(2)(A)(ii)(II) of this title,
except that it shall be increased only for years beginning after
the first year after the year specified in clause (ii).

(ii) The year specified in this clause is the earlier of -
(I) the year in which the deceased individual attained age 60,
or would have attained age 60 had he lived to that age, or
(II) the second year preceding the year in which the widow or
surviving divorced wife first meets the requirements of paragraph
(1)(B) or the second year preceding the year in which the
deceased individual died, whichever is later.

(iii) This subparagraph shall apply with respect to any benefit
under this subsection only to the extent its application does not
result in a primary insurance amount for purposes of this
subsection which is less than the primary insurance amount
otherwise determined for such deceased individual under section 415
of this title.
(C) If such deceased individual was (or upon application would
have been) entitled to an old-age insurance benefit which was
increased (or subject to being increased) on account of delayed
retirement under the provisions of subsection (w) of this section,
then, for purposes of this subsection, such individual's primary
insurance amount, if less than the old-age insurance benefit
(increased, where applicable, under section 415(f)(5), 415(f)(6),
or 415(f)(9)(B) of this title and under section 415(i) of this
title as if such individual were still alive in the case of an
individual who has died) which he was receiving (or would upon
application have received) for the month prior to the month in
which he died, shall be deemed to be equal to such old-age
insurance benefit, and (notwithstanding the provisions of paragraph
(3) of such subsection (w) of this section) the number of increment
months shall include any month in the months of the calendar year
in which he died, prior to the month in which he died, which
satisfy the conditions in paragraph (2) of such subsection (w) of
this section.
(D) If the deceased individual (on the basis of whose wages and
self-employment income a widow or surviving divorced wife is
entitled to widow's insurance benefits under this subsection) was,
at any time, entitled to an old-age insurance benefit which was
reduced by reason of the application of subsection (q) of this
section, the widow's insurance benefit of such widow or surviving
divorced wife for any month shall, if the amount of the widow's
insurance benefit of such widow or surviving divorced wife (as
determined under subparagraph (A) and after application of
subsection (q) of this section) is greater than -
(i) the amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q) of this section) for such month if such
individual were still living and section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title were applied, where applicable, and
(ii) 82 1/2 percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual,

be reduced to the amount referred to in clause (i), or (if greater)
the amount referred to in clause (ii).
(3) For purposes of paragraph (1), if -
(A) a widow or surviving divorced wife marries after attaining
age 60 (or after attaining age 50 if she was entitled before such
marriage occurred to benefits based on disability under this
subsection), or
(B) a disabled widow or disabled surviving divorced wife
described in paragraph (1)(B)(ii) marries after attaining age 50,

such marriage shall be deemed not to have occurred.
(4) The period referred to in paragraph (1)(B)(ii), in the case
of any widow or surviving divorced wife, is the period beginning
with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured
individual referred to in paragraph (1) on whose wages and self-
employment income her benefits are or would be based, or
(B) the last month for which she was entitled to mother's
insurance benefits on the basis of the wages and self-employment
income of such individual, or
(C) the month in which a previous entitlement to widow's
insurance benefits on the basis of such wages and self-employment
income terminated because her disability had ceased,

and ending with the month before the month in which she attains age
60, or, if earlier, with the close of the eighty-fourth month
following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the
case of any widow or surviving divorced wife, is the earliest
period of five consecutive calendar months -
(i) throughout which she has been under a disability, and
(ii) which begins not earlier than with whichever of the
following is the later: (I) the first day of the seventeenth
month before the month in which her application is filed, or (II)
the first day of the fifth month before the month in which the
period specified in paragraph (4) begins.

(B) For purposes of paragraph (1)(F)(i), each month in the period
commencing with the first month for which such widow or surviving
divorced wife 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 Commissioner of Social
Security 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 months of such waiting period for which the
requirements of subparagraph (A) have been met.
(6) In the case of an individual entitled to monthly insurance
benefits payable under this section for any month prior to January
1973 whose benefits were not redetermined under section 102(g) of
the Social Security Amendments of 1972, such benefits shall not be
redetermined pursuant to such section, but shall be increased
pursuant to any general benefit increase (as defined in section
415(i)(3) of this title) or any increase in benefits made under or
pursuant to section 415(i) of this title, including for this
purpose the increase provided effective for March 1974, as though
such redetermination had been made.
(7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III)
shall be effective for purposes of this subsection -
(A) for the month in which it is filed and for any month
thereafter, and
(B) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;

except that such certificate shall not be effective for any month
before the month in which she attains age 62.
(8) An individual shall be deemed to be under a disability for
purposes of paragraph (1)(B)(ii) if such individual is 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
Commissioner of Social Security under an agreement referred to in
section 1382e(a) of this title (or in section 212(b) of Public Law
93-66), for the month for which all requirements of paragraph (1)
for entitlement to benefits under this subsection (other than being
under a disability) are met.
(f) Widower's insurance benefits
(1) The widower (as defined in section 416(g) of this title) and
every surviving divorced husband (as defined in section 416(d) of
this title) of an individual who died a fully insured individual,
if such widower or such surviving divorced husband -
(A) is not married,
(B)(i) has attained age 60, or (ii) has attained age 50 but has
not attained age 60 and is under a disability (as defined in
section 423(d) of the title) which began before the end of the
period specified in paragraph (4),
(C)(i) has filed application for widower's insurance benefits,
(ii) was entitled to husband's insurance benefits, on the basis
of the wages and self-employment income of such individual, for
the month preceding the month in which such individual died, and -

(I) has attained retirement age (as defined in section 416(l)
of this title),
(II) is not entitled to benefits under subsection (a) of this
section or section 423 of this title, or
(III) has in effect a certificate (described in paragraph
(8)) filed by him with the Commissioner of Social Security, in
accordance with regulations prescribed by the Commissioner of
Social Security, in which he elects to receive widower's
insurance benefits (subject to reduction as provided in
subsection (q) of this section), or

(iii) was entitled, on the basis of such wages and self-
employment income, to father's insurance benefits for the month
preceding the month in which he attained retirement age (as
defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
the primary insurance amount (as determined after application of
subparagraphs (B) and (C) of paragraph (3)) of such deceased
individual,

shall be entitled to a widower's insurance benefit for each month,
beginning with -
(E) if he satisfies subparagraph (B) by reason of clause (i)
thereof, the first month in which he becomes so entitled to such
insurance benefits, or
(F) if he satisfies subparagraph (B) by reason of clause (ii)
thereof -
(i) the first month after his waiting period (as defined in
paragraph (5)) in which he becomes so entitled to such
insurance benefits, or
(ii) 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 previously entitled to
insurance benefits under this subsection on the basis of being
under a disability and such first month occurs (I) in the
period specified in paragraph (4) and (II) after the month in
which a previous entitlement to such benefits on such basis
terminated,

and ending with the month preceding the first month in which any of
the following occurs: he remarries, dies, or becomes entitled to an
old-age insurance benefit equal to or exceeding the primary
insurance amount (as determined after application of subparagraphs
(B) and (C) of paragraph (3)) (!1) of such deceased individual, or,
if he became entitled to such benefits before he attained age 60,
subject to section 423(e) of this title, the termination month
(unless he attains retirement age (as defined in section 416(l) of
this title) on or before the last day of such 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.
(2)(A) Except as provided in subsection (k)(5) of this section,
subsection (q) of this section, and subparagraph (D) of this
paragraph, such widower's insurance benefit for each month shall be
equal to the primary insurance amount (as determined for purposes
of this subsection after application of subparagraphs (B) and (C))
of such deceased individual.
(B)(i) For purposes of this subsection, in any case in which such
deceased individual dies before attaining age 62 and section
415(a)(1) of this title (as in effect after December 1978) is
applicable in determining such individual's primary insurance
amount -
(I) such primary insurance amount shall be determined under the
formula set forth in section 415(a)(1)(B)(i) and (ii) of this
title which is applicable to individuals who initially become
eligible for old-age insurance benefits in the second year after
the year specified in clause (ii),
(II) the year specified in clause (ii) shall be substituted for
the second calendar year specified in section 415(b)(3)(A)(ii)(I)
of this title, and
(III) such primary insurance amount shall be increased under
section 415(i) of this title as if it were the primary insurance
amount referred to in section 415(i)(2)(A)(ii)(II) of this title,
except that it shall be increased only for years beginning after
the first year after the year specified in clause (ii).

(ii) The year specified in this clause is the earlier of -
(I) the year in which the deceased individual attained age 60,
or would have attained age 60 had she lived to that age, or
(II) the second year preceding the year in which the widower or
surviving divorced husband first meets the requirements of
paragraph (1)(B) or the second year preceding the year in which
the deceased individual died, whichever is later.

(iii) This subparagraph shall apply with respect to any benefit
under this subsection only to the extent its application does not
result in a primary insurance amount for purposes of this
subsection which is less than the primary insurance amount
otherwise determined for such deceased individual under section 415
of this title.
(C) If such deceased individual was (or upon application would
have been) entitled to an old-age insurance benefit which was
increased (or subject to being increased) on account of delayed
retirement under the provisions of subsection (w) of this section,
then, for purposes of this subsection, such individual's primary
insurance amount, if less than the old-age insurance benefit
(increased, where applicable, under section 415(f)(5), 415(f)(6),
or 415(f)(9)(B) of this title and under section 415(i) of this
title as if such individual were still alive in the case of an
individual who has died) which she was receiving (or would upon
application have received) for the month prior to the month in
which she died, shall be deemed to be equal to such old-age
insurance benefit, and (notwithstanding the provisions of paragraph
(3) of such subsection (w) of this section) the number of increment
months shall include any month in the months of the calendar year
in which she died, prior to the month in which she died, which
satisfy the conditions in paragraph (2) of such subsection (w) of
this section.
(D) If the deceased individual (on the basis of whose wages and
self-employment income a widower or surviving divorced husband is
entitled to widower's insurance benefits under this subsection)
was, at any time, entitled to an old-age insurance benefit which
was reduced by reason of the application of subsection (q) of this
section, the widower's insurance benefit of such widower or
surviving divorced husband for any month shall, if the amount of
the widower's insurance benefit of such widower or surviving
divorced husband (as determined under subparagraph (A) and after
application of subsection (q) of this section) is greater than -
(i) the amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q) of this section) for such month if such
individual were still living and section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title were applied, where applicable, and
(ii) 82 1/2 percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual;

be reduced to the amount referred to in clause (i), or (if greater)
the amount referred to in clause (ii).
(3) For purposes of paragraph (1), if -
(A) a widower or surviving divorced husband marries after
attaining age 60 (or after attaining age 50 if he was entitled
before such marriage occurred to benefits based on disability
under this subsection), or
(B) a disabled widower or surviving divorced husband described
in paragraph (1)(B)(ii) marries after attaining age 50,

such marriage shall be deemed not to have occurred.
(4) The period referred to in paragraph (1)(B)(ii), in the case
of any widower or surviving divorced husband, is the period
beginning with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured
individual referred to in paragraph (1) on whose wages and self-
employment income his benefits are or would be based,
(B) the last month for which he was entitled to father's
insurance benefits on the basis of the wages and self-employment
income of such individual, or
(C) the month in which a previous entitlement to widower's
insurance benefits on the basis of such wages and self-employment
income terminated because his disability had ceased,

and ending with the month before the month in which he attains age
60, or, if earlier, with the close of the eighty-fourth month
following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the
case of any widower or surviving divorced husband, is the earliest
period of five consecutive calendar months -
(i) throughout which he has been under a disability, and
(ii) which begins not earlier than with whichever of the
following is the later: (I) the first day of the seventeenth
month before the month in which his application is filed, or (II)
the first day of the fifth month before the month in which the
period specified in paragraph (4) begins.

(B) For purposes of paragraph (1)(F)(i), each month in the period
commencing with the first month for which such widower or surviving
divorced husband 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 Commissioner of Social
Security 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 months of such waiting period for which the
requirements of subparagraph (A) have been met.
(6) In the case of an individual entitled to monthly insurance
benefits payable under this section for any month prior to January
1973 whose benefits were not redetermined under section 102(g) of
the Social Security Amendments of 1972, such benefits shall not be
redetermined pursuant to such section, but shall be increased
pursuant to any general benefit increase (as defined in section
415(i)(3) of this title) or any increase in benefits made under or
pursuant to section 415(i) of this title, including for this
purpose the increase provided effective for March 1974, as though
such redetermination had been made.
(7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III)
shall be effective for purposes of this subsection -
(A) for the month in which it is filed and for any month
thereafter, and
(B) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;

except that such certificate shall not be effective for any month
before the month in which he attains age 62.
(8) An individual shall be deemed to be under a disability for
purposes of paragraph (1)(B)(ii) if such individual is 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
Commissioner of Social Security under an agreement referred to in
such section 1382e(a) of this title (or in section 212(b) of Public
Law 93-66), for the month for which all requirements of paragraph
(1) for entitlement to benefits under this subsection (other than
being under a disability) are met.
(g) Mother's and father's insurance benefits
(1) The surviving spouse and every surviving divorced parent (as
defined in section 416(d) of this title) of an individual who died
a fully or currently insured individual, if such surviving spouse
or surviving divorced parent -
(A) is not married,
(B) is not entitled to a surviving spouse's insurance benefit,
(C) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
three-fourths of the primary insurance amount of such individual,
(D) has filed application for mother's or father's insurance
benefits, or was entitled to a spouse's insurance benefit on the
basis of the wages and self-employment income of such individual
for the month preceding the month in which such individual died,
(E) at the time of filing such application has in his or her
care a child of such individual entitled to a child's insurance
benefit, and
(F) in the case of a surviving divorced parent -
(i) the child referred to in subparagraph (E) is his or her
son, daughter, or legally adopted child, and
(ii) the benefits referred to in such subparagraph are
payable on the basis of such individual's wages and self-
employment income,

shall (subject to subsection (s) of this section) be entitled to a
mother's or father's insurance benefit for each month, beginning
with the first month in which he or she becomes so entitled to such
insurance benefits and ending with the month preceding the first
month in which any of the following occurs: no child of such
deceased individual is entitled to a child's insurance benefit,
such surviving spouse or surviving divorced parent becomes entitled
to an old-age insurance benefit equal to or exceeding three-fourths
of the primary insurance amount of such deceased individual, he or
she becomes entitled to a surviving spouse's insurance benefit, he
or she remarries, or he or she dies. Entitlement to such benefits
shall also end, in the case of a surviving divorced parent, with
the month immediately preceding the first month in which no son,
daughter, or legally adopted child of such surviving divorced
parent is entitled to a child's insurance benefit on the basis of
the wages and self-employment income of such deceased individual.
(2) Such mother's or father's insurance benefit for each month
shall be equal to three-fourths of the primary insurance amount of
such deceased individual.
(3) In the case of a surviving spouse or surviving divorced
parent who marries -
(A) an individual entitled to benefits under this subsection or
subsection (a), (b), (c), (e), (f), or (h) of this section, or
under section 423(a) of this title, or
(B) an individual who has attained the age of eighteen and is
entitled to benefits under subsection (d) of this section,

the entitlement of such surviving spouse or surviving divorced
parent to benefits under this subsection shall, notwithstanding the
provisions of paragraph (1) of this subsection but subject to
subsection (s) of this section, not be terminated by reason of such
marriage.
(h) Parent's insurance benefits
(1) Every parent (as defined in this subsection) of an individual
who died a fully insured individual, if such parent -
(A) has attained age 62,
(B)(i) was receiving at least one-half of his support from such
individual at the time of such individual's death or, if such
individual had a period of disability which did not end prior to
the month in which he died, at the time such period began or at
the time of such death, and (ii) filed proof of such support
within two years after the date of such death, or, if such
individual had such a period of disability, within two years
after the month in which such individual filed application with
respect to such period of disability or two years after the date
of such death, as the case may be,
(C) has not married since such individual's death,
(D) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
82 1/2 percent of the primary insurance amount of such deceased
individual if the amount of the parent's insurance benefit for
such month is determinable under paragraph (2)(A) (or 75 percent
of such primary insurance amount in any other case), and
(E) has filed application for parent's insurance benefits,

shall be entitled to a parent's insurance benefit for each month
beginning with the first month after August 1950 in which such
parent becomes so entitled to such parent's insurance benefits and
ending with the month preceding the first month in which any of the
following occurs: such parent dies, marries, or becomes entitled to
an old-age insurance benefit equal to or exceeding 82 1/2 percent
of the primary insurance amount of such deceased individual if the
amount of the parent's insurance benefit for such month is
determinable under paragraph (2)(A) (or 75 percent of such primary
insurance amount in any other case).
(2)(A) Except as provided in subparagraphs (B) and (C), such
parent's insurance benefit for each month shall be equal to 82 1/2
percent of the primary insurance amount of such deceased
individual.
(B) For any month for which more than one parent is entitled to
parent's insurance benefits on the basis of such deceased
individual's wages and self-employment income, such benefit for
each such parent for such month shall (except as provided in
subparagraph (C)) be equal to 75 percent of the primary insurance
amount of such deceased individual.
(C) In any case in which -
(i) any parent is entitled to a parent's insurance benefit for
a month on the basis of a deceased individual's wages and self-
employment income, and
(ii) another parent of such deceased individual is entitled to
a parent's insurance benefit for such month on the basis of such
wages and self-employment income, and on the basis of an
application filed after such month and after the month in which
the application for the parent's benefits referred to in clause
(i) was filed,

the amount of the parent's insurance benefit of the parent referred
to in clause (i) for the month referred to in such clause shall be
determined under subparagraph (A) instead of subparagraph (B) and
the amount of the parent's insurance benefit of a parent referred
to in clause (ii) for such month shall be equal to 150 percent of
the primary insurance amount of the deceased individual minus the
amount (before the application of section 403(a) of this title) of
the benefit for such month of the parent referred to in clause (i).
(3) As used in this subsection, the term "parent" means the
mother or father of an individual, a stepparent of an individual by
a marriage contracted before such individual attained the age of
sixteen, or an adopting parent by whom an individual was adopted
before he attained the age of sixteen.
(4) In the case of a parent who marries -
(A) an individual entitled to benefits under this subsection or
subsection (b), (c), (e), (f), or (g) of this section, or
(B) an individual who has attained the age of eighteen and is
entitled to benefits under subsection (d) of this section,

such parent's entitlement to benefits under this subsection shall,
notwithstanding the provisions of paragraph (1) of this subsection
but subject to subsection (s) of this section, not be terminated by
reason of such marriage.
(i) Lump-sum death payments
Upon the death, after August 1950, of an individual who died a
fully or currently insured individual, an amount equal to three
times such individual's primary insurance amount (as determined
without regard to the amendments made by section 2201 of the
Omnibus Budget Reconciliation Act of 1981, relating to the repeal
of the minimum benefit provisions), or an amount equal to $255,
whichever is the smaller, shall be paid in a lump sum to the
person, if any, determined by the Commissioner of Social Security
to be the widow or widower of the deceased and to have been living
in the same household with the deceased at the time of death. If
there is no such person, or if such person dies before receiving
payment, then such amount shall be paid -
(1) to a widow (as defined in section 416(c) of this title) or
widower (as defined in section 416(g) of this title) who is
entitled (or would have been so entitled had a timely application
been filed), on the basis of the wages and self-employment income
of such insured individual, to benefits under subsection (e),
(f), or (g) of this section for the month in which occurred such
individual's death; or
(2) if no person qualifies for payment under paragraph (1), or
if such person dies before receiving payment, in equal shares to
each person who is entitled (or would have been so entitled had a
timely application been filed), on the basis of the wages and
self-employment income of such insured individual, to benefits
under subsection (d) of this section for the month in which
occurred such individual's death.

No payment shall be made to any person under this subsection unless
application therefor shall have been filed, by or on behalf of such
person (whether or not legally competent), prior to the expiration
of two years after the date of death of such insured individual, or
unless such person was entitled to wife's or husband's insurance
benefits, on the basis of the wages and self-employment income of
such insured individual, for the month preceding the month in which
such individual died. In the case of any individual who died
outside the forty-eight States and the District of Columbia after
December 1953 and before January 1, 1957, whose death occurred
while he was in the active military or naval service of the United
States, and who is returned to any of such States, the District of
Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, or American Samoa for interment or
reinterment, the provisions of the preceding sentence shall not
prevent payment to any person under the second sentence of this
subsection if application for a lump-sum death payment with respect
to such deceased individual is filed by or on behalf of such person
(whether or not legally competent) prior to the expiration of two
years after the date of such interment or reinterment. In the case
of any individual who died outside the fifty States and the
District of Columbia after December 1956 while he was performing
service, as a member of a uniformed service, to which the
provisions of section 410(l)(1) of this title are applicable, and
who is returned to any State, or to any Territory or possession of
the United States, for interment or reinterment, the provisions of
the third sentence of this subsection shall not prevent payment to
any person under the second sentence of this subsection if
application for a lump-sum death payment with respect to such
deceased individual is filed by or on behalf of such person
(whether or not legally competent) prior to the expiration of two
years after the date of such interment or reinterment.
(j) Application for monthly insurance benefits
(1) Subject to the limitations contained in paragraph (4), an
individual who would have been entitled to a benefit under
subsection (a), (b), (c), (d), (e), (f), (g), or (h) of this
section for any month after August 1950 had he filed application
therefor prior to the end of such month shall be entitled to such
benefit for such month if he files application therefor prior to -
(A) the end of the twelfth month immediately succeeding such
month in any case where the individual (i) is filing application
for a benefit under subsection (e) or (f) of this section, and
satisfies paragraph (1)(B) of such subsection by reason of clause
(ii) thereof, or (ii) is filing application for a benefit under
subsection (b), (c), or (d) of this section on the basis of the
wages and self-employment income of a person entitled to
disability insurance benefits, or
(B) the end of the sixth month immediately succeeding such
month in any case where subparagraph (A) does not apply.

Any benefit under this subchapter for a month prior to the month in
which application is filed shall be reduced, to any extent that may
be necessary, so that it will not render erroneous any benefit
which, before the filing of such application, the Commissioner of
Social Security has certified for payment for such prior month.
(2) An application for any monthly benefits under this section
filed before the first month in which the applicant satisfies the
requirements for such benefits 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).
(3) Notwithstanding the provisions of paragraph (1), an
individual may, at his option, waive entitlement to any benefit
referred to in paragraph (1) for any one or more consecutive months
(beginning with the earliest month for which such individual would
otherwise be entitled to such benefit) which occur before the month
in which such individual files application for such benefit; and,
in such case, such individual shall not be considered as entitled
to such benefits for any such month or months before such
individual filed such application. An individual shall be deemed to
have waived such entitlement for any such month for which such
benefit would, under the second sentence of paragraph (1), be
reduced to zero.
(4)(A) Except as provided in subparagraph (B), no individual
shall be entitled to a monthly benefit under subsection (a), (b),
(c), (e), or (f) of this section for any month prior to the month
in which he or she files an application for benefits under that
subsection if the amount of the monthly benefit to which such
individual would otherwise be entitled for any such month would be
subject to reduction pursuant to subsection (q) of this section.
(B)(i) If the individual applying for retroactive benefits is a
widow, surviving divorced wife, or widower and is under a
disability (as defined in section 423(d) of this title), and such
individual would, except for subparagraph (A), be entitled to
retroactive benefits as a disabled widow or widower or disabled
surviving divorced wife for any month before attaining the age of
60, then subparagraph (A) shall not apply with respect to such
month or any subsequent month.
(ii) Subparagraph (A) does not apply to a benefit under
subsection (e) or (f) of this section for the month immediately
preceding the month of application, if the insured individual died
in that preceding month.
(iii) As used in this subparagraph, the term "retroactive
benefits" means benefits to which an individual becomes entitled
for a month prior to the month in which application for such
benefits is filed.
(5) In any case in which it is determined to the satisfaction of
the Commissioner of Social Security that an individual failed as of
any date to apply for monthly insurance benefits under this
subchapter by reason of misinformation provided to such individual
by any officer or employee of the Social Security Administration
relating to such individual's eligibility for benefits under this
subchapter, such individual shall be deemed to have applied for
such benefits on the later of -
(A) the date on which such misinformation was provided to such
individual, or
(B) the date on which such individual met all requirements for
entitlement to such benefits (other than application therefor).
(k) Simultaneous entitlement to benefits
(1) A child, entitled to child's insurance benefits on the basis
of the wages and self-employment income of an insured individual,
who would be entitled, on filing application, to child's insurance
benefits on the basis of the wages and self-employment income of
some other insured individual, shall be deemed entitled, subject to
the provisions of paragraph (2) of this subsection, to child's
insurance benefits on the basis of the wages and self-employment
income of such other individual if an application for child's
insurance benefits on the basis of the wages and self-employment
income of such other individual has been filed by any other child
who would, on filing application, be entitled to child's insurance
benefits on the basis of the wages and self-employment income of
both such insured individuals.
(2)(A) Any child who under the preceding provisions of this
section is entitled for any month to child's insurance benefits on
the wages and self-employment income of more than one insured
individual shall, notwithstanding such provisions, be entitled to
only one of such child's insurance benefits for such month. Such
child's insurance benefits for such month shall be the benefit
based on the wages and self-employment income of the insured
individual who has the greatest primary insurance amount, except
that such child's insurance benefits for such month shall be the
largest benefit to which such child could be entitled under
subsection (d) of this section (without the application of section
403(a) of this title) or subsection (m) of this section if
entitlement to such benefit would not, with respect to any person,
result in a benefit lower (after the application of section 403(a)
of this title) than the benefit which would be applicable if such
child were entitled on the wages and self-employment income of the
individual with the greatest primary insurance amount. Where more
than one child is entitled to child's insurance benefits pursuant
to the preceding provisions of this paragraph, each such child who
is entitled on the wages and self-employment income of the same
insured individuals shall be entitled on the wages and self-
employment income of the same such insured individual.
(B) Any individual (other than an individual to whom subsection
(e)(3) or (f)(3) of this section applies) who, under the preceding
provisions of this section and under the provisions of section 423
of this title, is entitled for any month to more than one monthly
insurance benefit (other than an old-age or disability insurance
benefit) under this subchapter shall be entitled to only one such
monthly benefit for such month, such benefit to be the largest of
the monthly benefits to which he (but for this subparagraph) would
otherwise be entitled for such month. Any individual who is
entitled for any month to more than one widow's or widower's
insurance benefit to which subsection (e)(3) or (f)(3) of this
section applies shall be entitled to only one such benefit for such
month, such benefit to be the largest of such benefits.
(3)(A) If an individual is entitled to an old-age or disability
insurance benefit for any month and to any other monthly insurance
benefit for such month, such other insurance benefit for such
month, after any reduction under subsection (q), subsection (e)(2)
or (f)(2) of this section, and any reduction under section 403(a)
of this title, shall be reduced, but not below zero, by an amount
equal to such old-age or disability insurance benefit (after
reduction under such subsection (q) of this section).
(B) If an individual is entitled for any month to a widow's or
widower's insurance benefit to which subsection (e)(3) or (f)(3) of
this section applies and to any other monthly insurance benefit
under this section (other than an old-age insurance benefit), such
other insurance benefit for such month, after any reduction under
subparagraph (A) of this paragraph, any reduction under subsection
(q) of this section, and any reduction under section 403(a) of this
title, shall be reduced, but not below zero, by an amount equal to
such widow's or widower's insurance benefit after any reduction or
reductions under such subparagraph (A) and such section 403(a).
(4) Any individual who, under this section and section 423 of
this title, is entitled for any month to both an old-age insurance
benefit and a disability insurance benefit under this subchapter
shall be entitled to only the larger of such benefits for such
month, except that, if such individual so elects, he shall instead
be entitled to only the smaller of such benefits for such month.
(5)(A) The amount of a monthly insurance benefit of any
individual for each month under subsection (b), (c), (e), (f), or
(g) of this section (as determined after application of the
provisions of subsection (q) of this section and the preceding
provisions of this subsection) shall be reduced (but not below
zero) by an amount equal to two-thirds of the amount of any monthly
periodic benefit payable to such individual for such month which is
based upon such individual's earnings while in the service of the
Federal Government or any State (or political subdivision thereof,
as defined in section 418(b)(2) of this title) if, during any
portion of the last 60 months of such service ending with the last
day such individual was employed by such entity -
(i) such service did not constitute "employment" as defined in
section 410 of this title, or
(ii) such service was being performed while in the service of
the Federal Government, and constituted "employment" as so
defined solely by reason of -
(I) clause (ii) or (iii) of subparagraph (G) of section
410(a)(5) of this title, where the lump-sum payment described
in such clause (ii) or the cessation of coverage described in
such clause (iii) (whichever is applicable) was received or
occurred on or after January 1, 1988, or
(II) an election to become subject to the Federal Employees'
Retirement System provided in chapter 84 of title 5 or the
Foreign Service Pension System provided in subchapter II of
chapter 8 of title I of the Foreign Service Act of 1980 [22
U.S.C. 4071 et seq.] made pursuant to law after December 31,
1987,

unless subparagraph (B) applies.

The amount of the reduction in any benefit under this subparagraph,
if not a multiple of $0.10, shall be rounded to the next higher
multiple of $0.10.
(B)(i) Subparagraph (A)(i) shall not apply with respect to
monthly periodic benefits based wholly on service as a member of a
uniformed service (as defined in section 410(m) of this title).
(ii) Subparagraph (A)(ii) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted "employment" as defined in section 410 of this title if
such service was performed for at least 60 months in the aggregate
during the period beginning January 1, 1988, and ending with the
close of the first calendar month as of the end of which such
individual is eligible for benefits under this subsection and has
made a valid application for such benefits.
(C) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is
paid on other than a monthly basis, shall be allocated on a basis
equivalent to a monthly benefit (as determined by the Commissioner
of Social Security) and such equivalent monthly benefit shall
constitute a monthly periodic benefit for purposes of subparagraph
(A). For purposes of this subparagraph, the term "periodic benefit"
includes a benefit payable in a lump sum if it is a commutation of,
or a substitute for, periodic payments.
(l) Entitlement to survivor benefits under railroad retirement
provisions
If any person would be entitled, upon filing application therefor
to an annuity under section 2 of the Railroad Retirement Act of
1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b)
of such Act [45 U.S.C. 231e(b)], with respect to the death of an
employee (as defined in such Act) no lump-sum death payment, and no
monthly benefit for the month in which such employee died or for
any month thereafter, shall be paid under this section to any
person on the basis of the wages and self-employment income of such
employee.
(m) Repealed. Pub. L. 97-35, title XXII, Sec. 2201(b)(10), Aug. 13,
1981, 95 Stat. 831
(n) Termination of benefits upon removal of primary beneficiary
(1) If any individual is (after September 1, 1954) removed under
section 1227(a) of title 8 (other than under paragraph (1)(C) of
such section) or under section 1182(a)(6)(A) of title 8, then,
notwithstanding any other provisions of this subchapter -
(A) no monthly benefit under this section or section 423 of
this title shall be paid to such individual, on the basis of his
wages and self-employment income, for any month occurring (i)
after the month in which the Commissioner of Social Security is
notified by the Attorney General or the Secretary of Homeland
Security that such individual has been so removed, and (ii)
before the month in which such individual is thereafter lawfully
admitted to the United States for permanent residence,
(B) if no benefit could be paid to such individual (or if no
benefit could be paid to him if he were alive) for any month by
reason of subparagraph (A), no monthly benefit under this section
shall be paid, on the basis of his wages and self-employment
income, for such month to any other person who is not a citizen
of the United States and is outside the United States for any
part of such month, and
(C) no lump-sum death payment shall be made on the basis of
such individual's wages and self-employment income if he dies (i)
in or after the month in which such notice is received, and (ii)
before the month in which he is thereafter lawfully admitted to
the United States for permanent residence.

Section 403(b), (c), and (d) of this title shall not apply with
respect to any such individual for any month for which no monthly
benefit may be paid to him by reason of this paragraph.
(2) As soon as practicable after the removal of any individual
under any of the paragraphs of section 1227(a) of title 8 (other
than under paragraph (1)(C) of such section) or under section
1182(a)(6)(A) of title 8, the Attorney General or the Secretary of
Homeland Security shall notify the Commissioner of Social Security
of such removal.
(3) For purposes of paragraphs (1) and (2) of this subsection, an
individual against whom a final order of removal has been issued
under paragraph (4)(D) of section 1227(a) of title 8 (relating to
participating in Nazi persecutions or genocide) shall be considered
to have been removed under such paragraph (4)(D) as of the date on
which such order became final.
(o) Application for benefits by survivors of members and former
members of uniformed services
In the case of any individual who would be entitled to benefits
under subsection (d), (e), (g), or (h) of this section upon filing
proper application therefor, the filing with the Administrator of
Veterans' Affairs by or on behalf of such individual of an
application for such benefits, on the form described in section
5105 of title 38, shall satisfy the requirement of such subsection
(d), (e), (g), or (h) that an application for such benefits be
filed.
(p) Extension of period for filing proof of support and
applications for lump-sum death payment
In any case in which there is a failure -
(1) to file proof of support under subparagraph (B) of
subsection (h)(1) of this section, or under clause (B) of
subsection (f)(1) of this section as in effect prior to the
Social Security Act Amendments of 1950, within the period
prescribed by such subparagraph or clause, or
(2) to file, in the case of a death after 1946, application for
a lump-sum death payment under subsection (i) of this section, or
under subsection (g) of this section as in effect prior to the
Social Security Act Amendments of 1950, within the period
prescribed by such subsection,

any such proof or application, as the case may be, which is filed
after the expiration of such period shall be deemed to have been
filed within such period if it is shown to the satisfaction of the
Commissioner of Social Security that there was good cause for
failure to file such proof or application within such period. The
determination of what constitutes good cause for purposes of this
subsection shall be made in accordance with regulations of the
Commissioner of Social Security.
(q) Reduction of benefit amounts for certain beneficiaries
(1) Subject to paragraph (9), if the first month for which an
individual is entitled to an old-age, wife's, husband's, widow's,
or widower's insurance benefit is a month before the month in which
such individual attains retirement age, the amount of such benefit
for such month and for any subsequent month shall, subject to the
succeeding paragraphs of this subsection, be reduced by -
(A) 5/9 of 1 percent of such amount if such benefit is an old-
age insurance benefit, 25/36 of 1 percent of such amount if
such benefit is a wife's or husband's insurance benefit, or
19/40 of 1 percent of such amount if such benefit is a widow's
or widower's insurance benefit, multiplied by
(B)(i) the number of months in the reduction period for such
benefit (determined under paragraph (6)), if such benefit is for
a month before the month in which such individual attains
retirement age, or
(ii) if less, the number of such months in the adjusted
reduction period for such benefit (determined under paragraph
(7)), if such benefit is (I) for the month in which such
individual attains age 62, or (II) for the month in which such
individual attains retirement age.

(2) If an individual is entitled to a disability insurance
benefit for a month after a month for which such individual was
entitled to an old-age insurance benefit, such disability insurance
benefit for each month shall be reduced by the amount such old-age
insurance benefit would be reduced under paragraphs (1) and (4) for
such month had such individual attained retirement age (as defined
in section 416(l) of this title) in the first month for which he
most recently became entitled to a disability insurance benefit.
(3)(A) If the first month for which an individual both is
entitled to a wife's, husband's, widow's, or widower's insurance
benefit and has attained age 62 (in the case of a wife's or
husband's insurance benefit) or age 50 (in the case of a widow's or
widower's insurance benefit) is a month for which such individual
is also entitled to -
(i) an old-age insurance benefit (to which such individual was
first entitled for a month before he attains retirement age (as
defined in section 416(l) of this title)), or
(ii) a disability insurance benefit,

then in lieu of any reduction under paragraph (1) (but subject to
the succeeding paragraphs of this subsection) such wife's,
husband's, widow's, or widower's insurance benefit for each month
shall be reduced as provided in subparagraph (B), (C), or (D).
(B) For any month for which such individual is entitled to an old-
age insurance benefit and is not entitled to a disability
insurance benefit, such individual's wife's or husband's insurance
benefit shall be reduced by the sum of -
(i) the amount by which such old-age insurance benefit is
reduced under paragraph (1) for such month, and
(ii) the amount by which such wife's or husband's insurance
benefit would be reduced under paragraph (1) for such month if it
were equal to the excess of such wife's or husband's insurance
benefit (before reduction under this subsection) over such old-
age insurance benefit (before reduction under this subsection).

(C) For any month for which such individual is entitled to a
disability insurance benefit, such individual's wife's, husband's,
widow's, or widower's insurance benefit shall be reduced by the sum
of -
(i) the amount by which such disability insurance benefit is
reduced under paragraph (2) for such month (if such paragraph
applied to such benefit), and
(ii) the amount by which such wife's, husband's, widow's, or
widower's insurance benefit would be reduced under paragraph (1)
for such month if it were equal to the excess of such wife's,
husband's, widow's, or widower's insurance benefit (before
reduction under this subsection) over such disability insurance
benefit (before reduction under this subsection).

(D) For any month for which such individual is entitled neither
to an old-age insurance benefit nor to a disability insurance
benefit, such individual's wife's, husband's, widow's, or widower's
insurance benefit shall be reduced by the amount by which it would
be reduced under paragraph (1).
(E) Notwithstanding subparagraph (A) of this paragraph, if the
first month for which an individual is entitled to a widow's or
widower's insurance benefit is a month for which such individual is
also entitled to an old-age insurance benefit to which such
individual was first entitled for that month or for a month before
she or he became entitled to a widow's or widower's benefit, the
reduction in such widow's or widower's insurance benefit shall be
determined under paragraph (1).
(4) If -
(A) an individual is or was entitled to a benefit subject to
reduction under paragraph (1) or (3) of this subsection, and
(B) such benefit is increased by reason of an increase in the
primary insurance amount of the individual on whose wages and
self-employment income such benefit is based,

then the amount of the reduction of such benefit (after the
application of any adjustment under paragraph (7)) for each month
beginning with the month of such increase in the primary insurance
amount shall be computed under paragraph (1) or (3), whichever
applies, as though the increased primary insurance amount had been
in effect for and after the month for which the individual first
became entitled to such monthly benefit reduced under such
paragraph (1) or (3).
(5)(A) No wife's or husband's insurance benefit shall be reduced
under this subsection -
(i) for any month before the first month for which there is in
effect a certificate filed by him or her with the Commissioner of
Social Security, in accordance with regulations prescribed by the
Commissioner of Social Security, in which he or she elects to
receive wife's or husband's insurance benefits reduced as
provided in this subsection, or
(ii) for any month in which he or she has in his or her care
(individually or jointly with the person on whose wages and self-
employment income the wife's or husband's insurance benefit is
based) a child of such person entitled to child's insurance
benefits.

(B) Any certificate described in subparagraph (A)(i) shall be
effective for purposes of this subsection (and for purposes of
preventing deductions under section 403(c)(2) of this title) -
(i) for the month in which it is filed and for any month
thereafter, and
(ii) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;

except that such certificate shall not be effective for any month
before the month in which he or she attains age 62, nor shall it be
effective for any month to which subparagraph (A)(ii) applies.
(C) If an individual does not have in his or her care a child
described in subparagraph (A)(ii) in the first month for which he
or she is entitled to a wife's or husband's insurance benefit, and
if such first month is a month before the month in which he or she
attains retirement age (as defined in section 416(l) of this
title), he or she shall be deemed to have filed in such first month
the certificate described in subparagraph (A)(i).
(D) No widow's or widower's insurance benefit for a month in
which he or she has in his or her care a child of his or her
deceased spouse (or deceased former spouse) entitled to child's
insurance benefits shall be reduced under this subsection below the
amount to which he or she would have been entitled had he or she
been entitled for such month to mother's or father's insurance
benefits on the basis of his or her deceased spouse's (or deceased
former spouse's) wages and self-employment income.
(6) For purposes of this subsection, the "reduction period" for
an individual's old-age, wife's, husband's, widow's, or widower's
insurance benefit is the period -
(A) beginning -
(i) in the case of an old-age insurance benefit, with the
first day of the first month for which such individual is
entitled to such benefit,
(ii) in the case of a wife's or husband's insurance benefit,
with the first day of the first month for which a certificate
described in paragraph (5)(A)(i) is effective, or
(iii) in the case of a widow's or widower's insurance
benefit, with the first day of the first month for which such
individual is entitled to such benefit or the first day of the
month in which such individual attains age 60, whichever is the
later, and

(B) ending with the last day of the month before the month in
which such individual attains retirement age.

(7) For purposes of this subsection, the "adjusted reduction
period" for an individual's old-age, wife's, husband's, widow's, or
widower's insurance benefit is the reduction period prescribed in
paragraph (6) for such benefit, excluding -
(A) any month in which such benefit was subject to deductions
under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this
title,
(B) in the case of wife's or husband's insurance benefits, any
month in which such individual had in his or her care
(individually or jointly with the person on whose wages and self-
employment income such benefit is based) a child of such person
entitled to child's insurance benefits,
(C) in the case of wife's or husband's insurance benefits, any
month for which such individual was not entitled to such benefits
because of the occurrence of an event that terminated her or his
entitlement to such benefits,
(D) in the case of widow's or widower's insurance benefits, any
month in which the reduction in the amount of such benefit was
determined under paragraph (5)(D),
(E) in the case of widow's or widower's insurance benefits, any
month before the month in which she or he attained age 62, and
also for any later month before the month in which she or he
attained retirement age, for which she or he was not entitled to
such benefit because of the occurrence of an event that
terminated her or his entitlement to such benefits, and
(F) in the case of old-age insurance benefits, any month for
which such individual was entitled to a disability insurance
benefit.

(8) This subsection shall be applied after reduction under
section 403(a) of this title and before application of section
415(g) of this title. If the amount of any reduction computed under
paragraph (1), (2), or (3) is not a multiple of $0.10, it shall be
increased to the next higher multiple of $0.10.
(9) The amount of the reduction for early retirement specified in
paragraph (1) -
(A) for old-age insurance benefits, wife's insurance benefits,
and husband's insurance benefits, shall be the amount specified
in such paragraph for the first 36 months of the reduction period
(as defined in paragraph (6)) or adjusted reduction period (as
defined in paragraph (7)), and five-twelfths of 1 percent for any
additional months included in such periods; and
(B) for widow's insurance benefits and widower's insurance
benefits, shall be periodically revised by the Commissioner of
Social Security such that -
(i) the amount of the reduction at early retirement age as
defined in section 416(l) of this title shall be 28.5 percent
of the full benefit; and
(ii) the amount of the reduction for each month in the
reduction period (specified in paragraph (6)) or the adjusted
reduction period (specified in paragraph (7)) shall be
established by linear interpolation between 28.5 percent at the
month of attainment of early retirement age and 0 percent at
the month of attainment of retirement age.

(10) For purposes of applying paragraph (4), with respect to
monthly benefits payable for any month after December 1977 to an
individual who was entitled to a monthly benefit as reduced under
paragraph (1) or (3) prior to January 1978, the amount of reduction
in such benefit for the first month for which such benefit is
increased by reason of an increase in the primary insurance amount
of the individual on whose wages and self-employment income such
benefit is based and for all subsequent months (and similarly for
all subsequent increases) shall be increased by a percentage equal
to the percentage increase in such primary insurance amount (such
increase being made in accordance with the provisions of paragraph
(8)). In the case of an individual whose reduced benefit under this
section is increased as a result of the use of an adjusted
reduction period (in accordance with paragraphs (1) and (3) of this
subsection), then for the first month for which such increase is
effective, and for all subsequent months, the amount of such
reduction (after the application of the previous sentence, if
applicable) shall be determined -
(A) in the case of old-age, wife's, and husband's insurance
benefits, by multiplying such amount by the ratio of (i) the
number of months in the adjusted reduction period to (ii) the
number of months in the reduction period,
(B) in the case of widow's and widower's insurance benefits for
the month in which such individual attains age 62, by multiplying
such amount by the ratio of (i) the number of months in the
reduction period beginning with age 62 multiplied by 19/40 of 1
percent, plus the number of months in the adjusted reduction
period prior to age 62 multiplied by 19/40 of 1 percent to (ii)
the number of months in the reduction period multiplied by 19/40
of 1 percent, and
(C) in the case of widow's and widower's insurance benefits for
the month in which such individual attains retirement age (as
defined in section 416(l) of this title), by multiplying such
amount by the ratio of (i) the number of months in the adjusted
reduction period multiplied by 19/40 of 1 percent to (ii) the
number of months in the reduction period beginning with age 62
multiplied by 19/40 of 1 percent, plus the number of months in
the adjusted reduction period prior to age 62 multiplied by
19/40 of 1 percent,

such determination being made in accordance with the provisions of
paragraph (8).
(11) When an individual is entitled to more than one monthly
benefit under this subchapter and one or more of such benefits are
reduced under this subsection, paragraph (10) shall apply
separately to each such benefit reduced under this subsection
before the application of subsection (k) of this section
(pertaining to the method by which monthly benefits are offset when
an individual is entitled to more than one kind of benefit) and the
application of this paragraph shall operate in conjunction with
paragraph (3).
(r) Presumed filing of application by individuals eligible for old-
age insurance benefits and for wife's or husband's insurance
benefits
(1) If the first month for which an individual is entitled to an
old-age insurance benefit is a month before the month in which such
individual attains retirement age (as defined in section 416(l) of
this title), and if such individual is eligible for a wife's or
husband's insurance benefit for such first month, such individual
shall be deemed to have filed an application in such month for
wife's or husband's insurance benefits.
(2) If the first month for which an individual is entitled to a
wife's or husband's insurance benefit reduced under subsection (q)
of this section is a month before the month in which such
individual attains retirement age (as defined in section 416(l) of
this title), and if such individual is eligible (but for subsection
(k)(4) of this section) for an old-age insurance benefit for such
first month, such individual shall be deemed to have filed an
application for old-age insurance benefits -
(A) in such month, or
(B) if such individual is also entitled to a disability
insurance benefit for such month, in the first subsequent month
for which such individual is not entitled to a disability
insurance benefit.

(3) For purposes of this subsection, an individual shall be
deemed eligible for a benefit for a month if, upon filing
application therefor in such month, he would be entitled to such
benefit for such month.
(s) Child over specified age to be disregarded for certain benefit
purposes unless disabled
(1) For the purposes of subsections (b)(1), (c)(1), (g)(1),
(q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4)
of section 403(c) of this title, a child who is entitled to child's
insurance benefits under subsection (d) of this section for any
month, and who has attained the age of 16 but is not in such month
under a disability (as defined in section 423(d) of this title),
shall be deemed not entitled to such benefits for such month,
unless he was under such a disability in the third month before
such month.
(2) So much of subsections (b)(3), (c)(4),(!1) (d)(5), (g)(3),
and (h)(4) of this section as precedes the semicolon, shall not
apply in the case of any child unless such child, at the time of
the marriage referred to therein, was under a disability (as
defined in section 423(d) of this title) or had been under such a
disability in the third month before the month in which such
marriage occurred.
(3) The last sentence of subsection (c) of section 403 of this
title, subsection (f)(1)(C) of section 403 of this title, and
subsections (b)(3)(B), (c)(6)(B),(!1) (f)(3)(B), and (g)(6)(B) (!1)
of section 416 of this title shall not apply in the case of any
child with respect to any month referred to therein unless in such
month or the third month prior thereto such child was under a
disability (as defined in section 423(d) of this title).
(t) Suspension of benefits of aliens who are outside United States;
residency requirements for dependents and survivors
(1) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title to any individual who is not a citizen or
national of the United States for any month which is -
(A) after the sixth consecutive calendar month during all of
which the Commissioner of Social Security finds, on the basis of
information furnished to the Commissioner by the Attorney General
or information which otherwise comes to the Commissioner's
attention, that such individual is outside the United States, and
(B) prior to the first month thereafter for all of which such
individual has been in the United States.

For purposes of the preceding sentence, after an individual has
been outside the United States for any period of thirty consecutive
days he shall be treated as remaining outside the United States
until he has been in the United States for a period of thirty
consecutive days.
(2) Subject to paragraph (11), paragraph (1) of this subsection
shall not apply to any individual who is a citizen of a foreign
country which the Commissioner of Social Security finds has in
effect a social insurance or pension system which is of general
application in such country and under which -
(A) periodic benefits, or the actuarial equivalent thereof, are
paid on account of old age, retirement, or death, and
(B) individuals who are citizens of the United States but not
citizens of such foreign country and who qualify for such
benefits are permitted to receive such benefits or the actuarial
equivalent thereof while outside such foreign country without
regard to the duration of the absence.

(3) Paragraph (1) of this subsection shall not apply in any case
where its application would be contrary to any treaty obligation of
the United States in effect on August 1, 1956.
(4) Subject to paragraph (11), paragraph (1) of this subsection
shall not apply to any benefit for any month if -
(A) not less than forty of the quarters elapsing before such
month are quarters of coverage for the individual on whose wages
and self-employment income such benefit is based, or
(B) the individual on whose wages and self-employment income
such benefit is based has, before such month, resided in the
United States for a period or periods aggregating ten years or
more, or
(C) the individual entitled to such benefit is outside the
United States while in the active military or naval service of
the United States, or
(D) the individual on whose wages and self-employment income
such benefit is based died, before such month, either (i) while
on active duty or inactive duty training (as those terms are
defined in section 410(l) (2) and (3) of this title) as a member
of a uniformed service (as defined in section 410(m) of this
title), or (ii) as the result of a disease or injury which the
Secretary of Veterans Affairs determines was incurred or
aggravated in line of duty while on active duty (as defined in
section 410(l)(2) of this title), or an injury which he
determines was incurred or aggravated in line of duty while on
inactive duty training (as defined in section 410(l)(3) of this
title), as a member of a uniformed service (as defined in section
410(m) of this title), if the Secretary of Veterans Affairs
determines that such individual was discharged or released from
the period of such active duty or inactive duty training under
conditions other than dishonorable, and if the Secretary of
Veterans Affairs certifies to the Commissioner of Social Security
his determinations with respect to such individual under this
clause, or
(E) the individual on whose employment such benefit is based
had been in service covered by the Railroad Retirement Act of
1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which was
treated as employment covered by this chapter pursuant to the
provisions of section 5(k)(1) of the Railroad Retirement Act of
1937 [45 U.S.C. 228e(k)(1)] or section 18(2) of the Railroad
Retirement Act of 1974 [45 U.S.C. 231q(2)];

except that subparagraphs (A) and (B) of this paragraph shall not
apply in the case of any individual who is a citizen of a foreign
country that has in effect a social insurance or pension system
which is of general application in such country and which satisfies
subparagraph (A) but not subparagraph (B) of paragraph (2), or who
is a citizen of a foreign country that has no social insurance or
pension system of general application if at any time within five
years prior to the month in which the Social Security Amendments of
1967 are enacted (or the first month thereafter for which his
benefits are subject to suspension under paragraph (1)) payments to
individuals residing in such country were withheld by the Treasury
Department under sections 3329(a) and 3330(a) of title 31.
(5) No person who is, or upon application would be, entitled to a
monthly benefit under this section for December 1956 shall be
deprived, by reason of paragraph (1) of this subsection, of such
benefit or any other benefit based on the wages and self-employment
income of the individual on whose wages and self-employment income
such monthly benefit for December 1956 is based.
(6) If an individual is outside the United States when he dies
and no benefit may, by reason of paragraph (1) or (10) of this
subsection, be paid to him for the month preceding the month in
which he dies, no lump-sum death payment may be made on the basis
of such individual's wages and self-employment income.
(7) Subsections (b), (c), and (d) of section 403 of this title
shall not apply with respect to any individual for any month for
which no monthly benefit may be paid to him by reason of paragraph
(1) of this subsection.
(8) The Attorney General shall certify to the Commissioner of
Social Security such information regarding aliens who depart from
the United States to any foreign country (other than a foreign
country which is territorially contiguous to the continental United
States) as may be necessary to enable the Commissioner of Social
Security to carry out the purposes of this subsection and shall
otherwise aid, assist, and cooperate with the Commissioner of
Social Security in obtaining such other information as may be
necessary to enable the Commissioner of Social Security to carry
out the purposes of this subsection.
(9) No payments shall be made under part A of subchapter XVIII of
this chapter with respect to items or services furnished to an
individual in any month for which the prohibition in paragraph (1)
against payment of benefits to him is applicable (or would be if he
were entitled to any such benefits).
(10) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title, for any month beginning after June 30, 1968, to
an individual who is not a citizen or national of the United States
and who resides during such month in a foreign country if payments
for such month to individuals residing in such country are withheld
by the Treasury Department under sections 3329(a) and 3330(a) of
title 31.
(11)(A) Paragraph (2) and subparagraphs (A), (B), (C), and (E) of
paragraph (4) shall apply with respect to an individual's monthly
benefits under subsection (b), (c), (d), (e), (f), (g), or (h) of
this section only if such individual meets the residency
requirements of this paragraph with respect to those benefits.
(B) An individual entitled to benefits under subsection (b), (c),
(e), (f), or (g) of this section meets the residency requirements
of this paragraph with respect to those benefits only if such
individual has resided in the United States, and while so residing
bore a spousal relationship to the person on whose wages and self-
employment income such entitlement is based, for a total period of
not less than 5 years. For purposes of this subparagraph, a period
of time for which an individual bears a spousal relationship to
another person consists of a period throughout which the individual
has been, with respect to such other person, a wife, a husband, a
widow, a widower, a divorced wife, a divorced husband, a surviving
divorced wife, a surviving divorced husband, a surviving divorced
mother, a surviving divorced father, or (as applicable in the
course of such period) any two or more of the foregoing.
(C) An individual entitled to benefits under subsection (d) of
this section meets the residency requirements of this paragraph
with respect to those benefits only if -
(i)(I) such individual has resided in the United States (as the
child of the person on whose wages and self-employment income
such entitlement is based) for a total period of not less than 5
years, or
(II) the person on whose wages and self-employment income such
entitlement is based, and the individual's other parent (within
the meaning of subsection (h)(3) of this section), if any, have
each resided in the United States for a total period of not less
than 5 years (or died while residing in the United States), and
(ii) in the case of an individual entitled to such benefits as
an adopted child, such individual was adopted within the United
States by the person on whose wages and self-employment income
such entitlement is based, and has lived in the United States
with such person and received at least one-half of his or her
support from such person for a period (beginning before such
individual attained age 18) consisting of -
(I) the year immediately before the month in which such
person became eligible for old-age insurance benefits or
disability insurance benefits or died, whichever occurred
first, or
(II) if such person had a period of disability which
continued until he or she became entitled to old-age insurance
benefits or disability insurance benefits or died, the year
immediately before the month in which such period of disability
began.

(D) An individual entitled to benefits under subsection (h) of
this section meets the residency requirements of this paragraph
with respect to those benefits only if such individual has resided
in the United States, and while so residing was a parent (within
the meaning of subsection (h)(3) of this section) of the person on
whose wages and self-employment income such entitlement is based,
for a total period of not less than 5 years.
(E) This paragraph shall not apply with respect to any individual
who is a citizen or resident of a foreign country with which the
United States has an agreement in force concluded pursuant to
section 433 of this title, except to the extent provided by such
agreement.
(u) Conviction of subversive activities, etc.
(1) If any individual is convicted of any offense (committed
after August 1, 1956) under -
(A) chapter 37 (relating to espionage and censorship), chapter
105 (relating to sabotage), or chapter 115 (relating to treason,
sedition, and subversive activities) of title 18, or
(B) section 783 of title 50,

then the court may, in addition to all other penalties provided by
law, impose a penalty that in determining whether any monthly
insurance benefit under this section or section 423 of this title
is payable to such individual for the month in which he is
convicted or for any month thereafter, in determining the amount of
any such benefit payable to such individual for any such month, and
in determining whether such individual is entitled to insurance
benefits under part A of subchapter XVIII of this chapter for any
such month, there shall not be taken into account -
(C) any wages paid to such individual or to any other
individual in the calendar year in which such conviction occurs
or in any prior calendar year, and
(D) any net earnings from self-employment derived by such
individual or by any other individual during a taxable year in
which such conviction occurs or during any prior taxable year.

(2) As soon as practicable after an additional penalty has,
pursuant to paragraph (1) of this subsection, been imposed with
respect to any individual, the Attorney General shall notify the
Commissioner of Social Security of such imposition.
(3) If any individual with respect to whom an additional penalty
has been imposed pursuant to paragraph (1) of this subsection is
granted a pardon of the offense by the President of the United
States, such additional penalty shall not apply for any month
beginning after the date on which such pardon is granted.
(v) Waiver of benefits
(1) Notwithstanding any other provisions of this subchapter, and
subject to paragraph (3), in the case of any individual who files a
waiver pursuant to section 1402(g) of the Internal Revenue Code of
1986 and is granted a tax exemption thereunder, no benefits or
other payments shall be payable under this subchapter to him, no
payments shall be made on his behalf under part A of subchapter
XVIII of this chapter, and no benefits or other payments under this
subchapter shall be payable on the basis of his wages and self-
employment income to any other person, after the filing of such
waiver.
(2) Notwithstanding any other provision of this subchapter, and
subject to paragraph (3), in the case of any individual who files a
waiver pursuant to section 3127 of the Internal Revenue Code of
1986 and is granted a tax exemption thereunder, no benefits or
other payments shall be payable under this subchapter to him, no
payments shall be made on his behalf under part A of subchapter
XVIII of this chapter, and no benefits or other payments under this
subchapter shall be payable on the basis of his wages and self-
employment income to any other person, after the filing of such
waiver.
(3) If, after an exemption referred to in paragraph (1) or (2) is
granted to an individual, such exemption ceases to be effective,
the waiver referred to in such paragraph shall cease to be
applicable in the case of benefits and other payments under this
subchapter and part A of subchapter XVIII of this chapter to the
extent based on -
(A) his wages for and after the calendar year following the
calendar year in which occurs the failure to meet the
requirements of section 1402(g) or 3127 of the Internal Revenue
Code of 1986 on which the cessation of such exemption is based,
and
(B) his self-employment income for and after the taxable year
in which occurs such failure.
(w) Increase in old-age insurance benefit amounts on account of
delayed retirement
(1) The amount of an old-age insurance benefit (other than a
benefit based on a primary insurance amount determined under
section 415(a)(3) of this title as in effect in December 1978 or
section 415(a)(1)(C)(i) of this title as in effect thereafter)
which is payable without regard to this subsection to an individual
shall be increased by -
(A) the applicable percentage (as determined under paragraph
(6)) of such amount, multiplied by
(B) the number (if any) of the increment months for such
individual.

(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total
number of the months -
(A) which have elapsed after the month before the month in
which such individual attained retirement age (as defined in
section 416(l) of this title) or (if later) December 1970 and
prior to the month in which such individual attained age 70, and
(B) with respect to which -
(i) such individual was a fully insured individual (as
defined in section 414(a) of this title),
(ii) such individual either was not entitled to an old-age
insurance benefit or, if so entitled, did not receive benefits
pursuant to a request by such individual that benefits not be
paid, and
(iii) such individual was not subject to a penalty imposed
under section 1320a-8a of this title.

(3) For purposes of applying the provisions of paragraph (1), a
determination shall be made under paragraph (2) for each year,
beginning with 1972, of the total number of an individual's
increment months through the year for which the determination is
made and the total so determined shall be applicable to such
individual's old-age insurance benefits beginning with benefits for
January of the year following the year for which such determination
is made; except that the total number applicable in the case of an
individual who attains age 70 after 1972 shall be determined
through the month before the month in which he attains such age and
shall be applicable to his old-age insurance benefit beginning with
the month in which he attains such age.
(4) This subsection shall be applied after reduction under
section 403(a) of this title.
(5) If an individual's primary insurance amount is determined
under paragraph (3) of section 415(a) of this title as in effect in
December 1978, or section 415(a)(1)(C)(i) of this title as in
effect thereafter, and, as a result of this subsection, he would be
entitled to a higher old-age insurance benefit if his primary
insurance amount were determined under section 415(a) of this title
(whether before, in, or after December 1978) without regard to such
paragraph, such individual's old-age insurance benefit based upon
his primary insurance amount determined under such paragraph shall
be increased by an amount equal to the difference between such
benefit and the benefit to which he would be entitled if his
primary insurance amount were determined under such section without
regard to such paragraph.
(6) For purposes of paragraph (1)(A), the "applicable percentage"
is -
(A) 1/12 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in any calendar
year before 1979;
(B) 1/4 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in any calendar
year after 1978 and before 1987;
(C) in the case of an individual who first becomes eligible for
an old-age insurance benefit in a calendar year after 1986 and
before 2005, a percentage equal to the applicable percentage in
effect under this paragraph for persons who first became eligible
for an old-age insurance benefit in the preceding calendar year
(as increased pursuant to this subparagraph), plus 1/24 of 1
percent if the calendar year in which that particular individual
first becomes eligible for such benefit is not evenly divisible
by 2; and
(D) 2/3 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in a calendar
year after 2004.
(x) Limitation on payments to prisoners, certain other inmates of
publicly funded institutions, fugitives, probationers, and
parolees
(1)(A) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title to any individual for any month ending with or
during or beginning with or during a period of more than 30 days
throughout all of which such individual -
(i) is confined in a jail, prison, or other penal institution
or correctional facility pursuant to his conviction of a criminal
offense,
(ii) is confined by court order in an institution at public
expense in connection with -
(I) a verdict or finding that the individual is guilty but
insane, with respect to a criminal offense,
(II) a verdict or finding that the individual is not guilty
of such an offense by reason of insanity,
(III) a finding that such individual is incompetent to stand
trial under an allegation of such an offense, or
(IV) a similar verdict or finding with respect to such an
offense based on similar factors (such as a mental disease, a
mental defect, or mental incompetence),

(iii) immediately upon completion of confinement as described
in clause (i) pursuant to conviction of a criminal offense an
element of which is sexual activity, is confined by court order
in an institution at public expense pursuant to a finding that
the individual is a sexually dangerous person or a sexual
predator or a similar finding,
(iv) is fleeing to avoid prosecution, or custody or confinement
after conviction, under the laws of the place from which the
person flees, for a crime, or an attempt to commit a crime, which
is a felony under the laws of the place from which the person
flees, or, in jurisdictions that do not define crimes as
felonies, is punishable by death or imprisonment for a term
exceeding 1 year regardless of the actual sentence imposed, or
(v) is violating a condition of probation or parole imposed
under Federal or State law.

(B)(i) For purposes of clause (i) of subparagraph (A), an
individual shall not be considered confined in an institution
comprising a jail, prison, or other penal institution or
correctional facility during any month throughout which such
individual is residing outside such institution at no expense
(other than the cost of monitoring) to such institution or the
penal system or to any agency to which the penal system has
transferred jurisdiction over the individual.
(ii) For purposes of clauses (ii) and (iii) of subparagraph (A),
an individual confined in an institution as described in such
clause (ii) shall be treated as remaining so confined until -
(I) he or she is released from the care and supervision of such
institution, and
(II) such institution ceases to meet the individual's basic
living needs.

(iii) Notwithstanding subparagraph (A), the Commissioner shall,
for good cause shown, pay the individual benefits that have been
withheld or would otherwise be withheld pursuant to clause (iv) or
(v) of subparagraph (A) if the Commissioner determines that -
(I) a court of competent jurisdiction has found the individual
not guilty of the criminal offense, dismissed the charges
relating to the criminal offense, vacated the warrant for arrest
of the individual for the criminal offense, or issued any similar
exonerating order (or taken similar exonerating action), or
(II) the individual was erroneously implicated in connection
with the criminal offense by reason of identity fraud.

(iv) Notwithstanding subparagraph (A), the Commissioner may, for
good cause shown based on mitigating circumstances, pay the
individual benefits that have been withheld or would otherwise be
withheld pursuant to clause (iv) or (v) of subparagraph (A) if the
Commissioner determines that -
(I) the offense described in clause (iv) or underlying the
imposition of the probation or parole described in clause (v) was
nonviolent and not drug-related, and
(II) in the case of an individual from whom benefits have been
withheld or otherwise would be withheld pursuant to subparagraph
(A)(v), the action that resulted in the violation of a condition
of probation or parole was nonviolent and not drug-related.

(2) Benefits which would be payable to any individual (other than
a confined individual to whom benefits are not payable by reason of
paragraph (1)) under this subchapter on the basis of the wages and
self-employment income of such a confined individual but for the
provisions of paragraph (1), shall be payable as though such
confined individual were receiving such benefits under this section
or section 423 of this title.
(3)(A) Notwithstanding the provisions of section 552a of title 5
or any other provision of Federal or State law, any agency of the
United States Government or of any State (or political subdivision
thereof) shall make available to the Commissioner of Social
Security, upon written request, the name and social security
account number of any individual who is confined as described in
paragraph (1) if the confinement is under the jurisdiction of such
agency and the Commissioner of Social Security requires such
information to carry out the provisions of this section.
(B)(i) The Commissioner shall enter into an agreement under this
subparagraph with any interested State or local institution
comprising a jail, prison, penal institution, or correctional
facility, or comprising any other institution a purpose of which is
to confine individuals as described in paragraph (1)(A)(ii). Under
such agreement -
(I) the institution shall provide to the Commissioner, on a
monthly basis and in a manner specified by the Commissioner, the
names, Social Security account numbers, dates of birth,
confinement commencement dates, and, to the extent available to
the institution, such other identifying information concerning
the individuals confined in the institution as the Commissioner
may require for the purpose of carrying out paragraph (1) and
other provisions of this subchapter; and
(II) the Commissioner shall pay to the institution, with
respect to information described in subclause (I) concerning each
individual who is confined therein as described in paragraph
(1)(A), who receives a benefit under this subchapter for the
month preceding the first month of such confinement, and whose
benefit under this subchapter is determined by the Commissioner
to be not payable by reason of confinement based on the
information provided by the institution, $400 (subject to
reduction under clause (ii)) if the institution furnishes the
information to the Commissioner within 30 days after the date
such individual's confinement in such institution begins, or $200
(subject to reduction under clause (ii)) if the institution
furnishes the information after 30 days after such date but
within 90 days after such date.

(ii) The dollar amounts specified in clause (i)(II) shall be
reduced by 50 percent if the Commissioner is also required to make
a payment to the institution with respect to the same individual
under an agreement entered into under section 1382(e)(1)(I) of this
title.
(iii) There are authorized to be transferred from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as appropriate, such sums as may be necessary
to enable the Commissioner to make payments to institutions
required by clause (i)(II).
(iv) The Commissioner shall maintain, and shall provide on a
reimbursable basis, information obtained pursuant to agreements
entered into under this paragraph to any agency administering a
Federal or federally-assisted cash, food, or medical assistance
program for eligibility and other administrative purposes under
such program.
(C) Notwithstanding the provisions of section 552a of title 5 or
any other provision of Federal or State law (other than section
6103 of the Internal Revenue Code of 1986 and section 1306(c) of
this title), the Commissioner shall furnish any Federal, State, or
local law enforcement officer, upon the written request of the
officer, with the current address, Social Security number, and
photograph (if applicable) of any beneficiary under this
subchapter, if the officer furnishes the Commissioner with the name
of the beneficiary, and other identifying information as reasonably
required by the Commissioner to establish the unique identity of
the beneficiary, and notifies the Commissioner that -
(i) the beneficiary is described in clause (iv) or (v) of
paragraph (1)(A); and
(ii) the location or apprehension of the beneficiary is within
the officer's official duties.
(y) Limitation on payments to aliens
Notwithstanding any other provision of law, no monthly benefit
under this subchapter shall be payable to any alien in the United
States for any month during which such alien is not lawfully
present in the United States as determined by the Attorney General.

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 202, 49 Stat. 623; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1363; Aug. 10,
1946, ch. 951, title IV, Secs. 402, 403(a), 404(a), 405(a), 60
Stat. 986, 987; Aug. 28, 1950, ch. 809, title I, Sec. 101(a), 64
Stat. 482; Aug. 14, 1953, ch. 483, Sec. 2, 67 Stat. 580; Sept. 1,
1954, ch. 1206, title I, Secs. 102(i), 105(a), 107, 110, 68 Stat.
1073, 1079, 1083, 1085; Aug. 9, 1955, ch. 685, Sec. 2, 69 Stat.
621; Aug. 1, 1956, ch. 836, title I, Secs. 101(a)-(c), 102(c),
(d)(1)-(10), 103(c)(1)-(3), 113, 114(a), 118(a), 121(a), 70 Stat.
807, 810-814, 818, 831, 832, 835, 838; Aug. 1, 1956, ch. 837, title
IV, Secs. 403(a), 407, 70 Stat. 871, 876; Pub. L. 85-238, Secs. 1,
3(a)-(g), Aug. 30, 1957, 71 Stat. 518; Pub. L. 85-798, Sec. 1, Aug.
28, 1958, 72 Stat. 964; Pub. L. 85-840, title I, Sec. 101(e), title
II, Sec. 205(b)-(i), title III, Secs. 301(a)(1), (b)(1), (c)(1),
303, 304(a)(1), 305(a), 306(a), 307(a)-(e), Aug. 28, 1958, 72 Stat.
1017, 1021-1024, 1026, 1027, 1029-1032; Pub. L. 85-857, Sec.
13(i)(1), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 85-927, Sec. 301,
Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86-70, Sec. 32(c)(1), June
25, 1959, 73 Stat. 149; Pub. L. 86-624, Sec. 30(c)(1), July 12,
1960, 74 Stat. 420; Pub. L. 86-778, title I, Sec. 103(a)(1),
(j)(2)(C), (D), title II, Secs. 201(a), (b), 202(a), 203(a),
205(a), (b), 208(d), 211(i)-(l), title III, Sec. 301(a), title IV,
Sec. 403(d), Sept. 13, 1960, 74 Stat. 936, 937, 946, 947, 949, 952,
957-959, 1969; Pub. L. 87-64, title I, Secs. 102(a), (b)(1),
(2)(A), (3), (e), 104(a)-(d), June 30, 1961, 75 Stat. 131, 134-136,
138, 139; Pub. L. 89-97, title I, Sec. 104(a), title III, Secs.
303(d), 304(a)-(j), 306(a), (b), (c)(1)-(9), 307(a), (b), 308(a),
(b), (d)(1), (2)(A), (3)-(5), (12), (13), 319(d), 323(a), 324(a),
328(a), 333(a)-(c), 334(e), (f), 339(b), 343(a), July 30, 1965, 79
Stat. 334, 367-379, 392, 397, 398, 400, 403-405, 410, 412; Pub. L.
90-248, title I, Secs. 103(a)-(d), 104(a)-(c), 112(a), 151(a)-
(d)(1), (2), 157(a), (b), 158(c)(1), (2), 162(a)(1), (b)(1),
(c)(1), (2), Jan. 2, 1968, 81 Stat. 828-830, 838, 860, 867, 868,
871; Pub. L. 91-172, title X, Sec. 1004(a)-(c), Dec. 30, 1969, 83
Stat. 741; Pub. L. 92-223, Sec. 1, Dec. 28, 1971, 85 Stat. 802;
Pub. L. 92-603, title I, Secs. 102(a), (b), (d)-(f), 103(a), (b),
107(a), 108(a)-(e), 109(a), 110(a), 111(a), 112(a), 113(b), 114(a)-
(c), 116(b), (c), Oct. 30, 1972, 86 Stat. 1335, 1336, 1338-1340,
1343-1348, 1350; Pub. L. 93-66, title II, Sec. 240(a), July 9,
1973, 87 Stat. 161; Pub. L. 93-233, Secs. 1(f), (g), 18(b), Dec.
31, 1973, 87 Stat. 947, 948, 967; Pub. L. 93-445, title III, Sec.
301, Oct. 16, 1974, 88 Stat. 1357; Pub. L. 95-216, title II, Secs.
203, 204(a)-(d), 205(a), (b), title III, Secs. 331(a)-(c),
332(a)(1), (2), 334(a)-(d)(4)(A), (5), (6), (e), 336(a), (b),
337(b), 353(f)(1), Dec. 20, 1977, 91 Stat. 1527-1529, 1541-1548,
1554; Pub. L. 95-600, title VII, Sec. 703(j)(14)(A), Nov. 6, 1978,
92 Stat. 2942; Pub. L. 96-265, title III, Secs. 303(b)(1)(B)-(D),
306(a), June 9, 1980, 94 Stat. 451, 452, 457; Pub. L. 96-473, Secs.
5(b), 6(a), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 96-499, title X,
Sec. 1011(a), Dec. 5, 1980, 94 Stat. 2655; Pub. L. 97-35, title
XXII, Secs. 2201(b)(10), (11), (d), (f), 2202(a)(1), 2203(a),
(b)(1), (c)(1), (d)(1), (2), 2205(a), 2206(b)(1), 2210(a), Aug. 13,
1981, 95 Stat. 831-838, 841; Pub. L. 97-123, Sec. 2(e), Dec. 29,
1981, 95 Stat. 1660; Pub. L. 97-455, Sec. 7(c), Jan. 12, 1983, 96
Stat. 2501; Pub. L. 98-21, title I, Secs. 111(a)(7), 113(d), 114(a)-
(c)(1), 131(a)(1)-(3)(G), (b)(1)-(3)(F), (c), 132(a), 133(a), (b),
134(a), (b), title II, Sec. 201(b), (c)(1)(A), title III, Secs.
301(a), (b), 302, 306(a), (b), (d)-(h), 307(a), 309(a)-(e), 334(a),
337(a), 339(a), 340(a), (b), Apr. 20, 1983, 97 Stat. 72, 79, 92,
93, 95-98, 108, 111-116, 130, 131, 133-135; Pub. L. 98-369, div. B,
title VI, Secs. 2661(b)-(f), 2662(c)(1), 2663(a)(2), July 18, 1984,
98 Stat. 1156, 1159, 1160; Pub. L. 99-272, title XII, Secs.
12104(a), 12107(a), Apr. 7, 1986, 100 Stat. 285, 286; Pub. L. 99-
514, title XVIII, Sec. 1883(a)(1)-(3), Oct. 22, 1986, 100 Stat.
2916; Pub. L. 100-203, title IX, Secs. 9007(a)-(e), 9010(b)-(d),
Dec. 22, 1987, 101 Stat. 1330-289 to 1330-293; Pub. L. 100-647,
title VIII, Secs. 8004(a), (b), 8007(b), 8010(a), (b), 8014(a),
Nov. 10, 1988, 102 Stat. 3780, 3782, 3788, 3790; Pub. L. 101-239,
title X, Secs. 10203(a), 10301(a), (b), 10302(a)(1), Dec. 19, 1989,
103 Stat. 2473, 2481; Pub. L. 101-508, title V, Secs.
5103(c)(2)(A), (B), (d), 5116(a), Nov. 5, 1990, 104 Stat. 1388-252,
1388-253, 1388-274; Pub. L. 101-649, title VI, Sec. 603(b)(5), Nov.
29, 1990, 104 Stat. 5085; Pub. L. 102-40, title IV, Sec. 402(d)(2),
May 7, 1991, 105 Stat. 239; Pub. L. 102-54, Sec. 13(q)(3)(C), June
13, 1991, 105 Stat. 279; Pub. L. 103-296, title I, Sec. 107(a)(4),
title III, Secs. 308(a), 321(a)(2)-(5), (b)(1), (c)(2), Aug. 15,
1994, 108 Stat. 1478, 1522, 1535-1538; Pub. L. 103-387, Sec. 4(a),
Oct. 22, 1994, 108 Stat. 4076; Pub. L. 104-121, title I, Sec.
104(a)(1), (b)(1), (2), Mar. 29, 1996, 110 Stat. 851, 852; Pub. L.
104-208, div. C, title III, Sec. 308(g)(1), title V, Sec. 503(a),
Sept. 30, 1996, 110 Stat. 3009-622, 3009-671; Pub. L. 106-169,
title II, Sec. 207(b), Dec. 14, 1999, 113 Stat. 1838; Pub. L. 106-
170, title IV, Sec. 402(a)(1), (b)(1), (d)(1), (2), 113 Stat. 1907-
1909; Pub. L. 106-182, Sec. 4(b), Apr. 7, 2000, 114 Stat. 199;
Pub. L. 108-203, title II, Sec. 203(a), title IV, Secs. 412(a),
(b), 418(a)-(b)(4)(B)(vi), (5), 420A(a), Mar. 2, 2004, 118 Stat.
509, 527, 528, 531-533, 535.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this sentence, referred to in subsec.
(d)(7)(A), is the effective date of section 5 of Pub. L. 96-473,
which added such sentence effective with respect to benefits
payable for months beginning on or after October 1, 1980. See
Effective Date of 1980 Amendments note below.
Section 212 of Public Law 93-66, referred to in subsecs.
(e)(5)(B), (8) and (f)(5)(B), (8), is set out as a note under
section 1382 of this title.
Section 102(g) of the Social Security Amendments of 1972,
referred to in subsecs. (e)(6) and (f)(6), is section 102(g) of
Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1329, which is set out as a
Redetermination of Widow's and Widower's Benefits note under this
section.
Paragraph (3) of subsec. (f) of this section, referred to in
subsec. (f)(1), was redesignated par. (2) of subsec. (f) by Pub. L.
108-203, Sec. 418(b)(4)(A)(i). See 2004 Amendment note below.
Section 2201 of the Omnibus Budget Reconciliation Act of 1981,
referred to in subsec. (i), is Pub. L. 97-35, title XXII, Sec.
2201, Aug. 13, 1981, 95 Stat. 830, which enacted section 1382k of
this title, amended sections 402, 403, 415, 417, and 433 of this
title, and enacted provisions set out as notes under sections 415
and 1382k of this title.
The Foreign Service Act of 1980, referred to in subsec.
(k)(5)(A)(ii)(II), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
as amended. Subchapter II of chapter 8 of title I of the Act is
classified generally to part II (Sec. 4071 et seq.) of subchapter
VIII of chapter 52 of Title 22, Foreign Relations and Intercourse.
For complete classification of this Act to the Code, see Short
Title note set out under section 3901 of Title 22 and Tables.
Clause (B) of subsection (f)(1) of this section as in effect
prior to the Social Security Act Amendments of 1950, and subsection
(g) of this section as in effect prior to the Social Security Act
Amendments of 1950, referred to in subsec. (p), means such
subsections as in effect prior to September 1, 1950, which was the
effective date of section 101(a) of act Aug. 28, 1950. See section
101(b), (1), (3) of act Aug. 28, 1950, set out as an Effective Date
of 1950 Amendment note below.
Subsection (c)(4) of this section, referred to in subsec. (s)(2),
was redesignated subsec. (c)(3) by Pub. L. 108-203, Sec.
418(b)(2)(A). See 2004 Amendment note below.
Subsection (c)(6)(B) of section 416 of this title, referred to in
subsec. (s)(3), was redesignated subsec. (c)(1)(F)(ii) of section
416 of this title by Pub. L. 108-203, Sec. 414(a)(1), (2), (4).
Subsection (g)(6)(B) of section 416 of this title, referred to in
subsec. (s)(3), was redesignated subsec. (g)(1)(F)(ii) of section
416 of this title by Pub. L. 108-203, Sec. 414(b)(1), (2), (4).
The Railroad Retirement Act of 1937, referred to in subsec.
(t)(4)(E), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended
generally. See par. for Railroad Retirement Act of 1974 below.
The Railroad Retirement Act of 1974, referred to in subsec.
(t)(4)(E), is act Aug. 29, 1935, ch. 812, as amended generally by
Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,
which is classified generally to subchapter IV (Sec. 231 et seq.)
of chapter 9 of Title 45, Railroads. Pub. L. 93-445 completely
amended and revised the Railroad Retirement Act of 1937 (approved
June 24, 1937, ch. 382, 50 Stat. 307), and as thus amended and
revised, the 1937 Act was redesignated the Railroad Retirement Act
of 1974. Previously, the 1937 Act had completely amended and
revised the Railroad Retirement Act of 1935 (approved Aug. 29,
1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act provided
that the 1935 Act, as in force prior to amendment by the 1937 Act,
may be cited as the Railroad Retirement Act of 1935; and that the
1935 Act, as amended by the 1937 Act may be cited as the Railroad
Retirement Act of 1937. The Railroad Retirement Acts of 1935 and
1937 were classified to subchapter II (Sec. 215 et seq.) and
subchapter III (Sec. 228a et seq.), respectively, of chapter 9 of
Title 45. For further details and complete classification of these
Acts to the Code, see Codification note set out preceding section
231 of Title 45, section 231t of Title 45, and Tables.
The month in which the Social Security Amendments of 1967 were
enacted, referred to in the provisions following subsec. (t)(4)(E),
is Jan. 1968, date of approval of Pub. L. 90-248.
Part A of subchapter XVIII of this chapter, referred to in
subsecs. (t)(9), (u)(1), and (v)(2), (3), is classified to section
1395c et seq. of this title.
The Internal Revenue Code of 1986, referred to in subsecs. (v)
and (x)(3)(C), is classified generally to Title 26, Internal
Revenue Code.

-COD-
CODIFICATION
In subsec. (t)(4), (10), "sections 3329(a) and 3330(a) of title
31" substituted for "the first section of the Act of October 9,
1940 (31 U.S.C. 123)" on authority of Pub. L. 97-258, Sec. 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.


-MISC1-
AMENDMENTS
2004 - Subsec. (b)(2). Pub. L. 108-203, Sec. 418(b)(1)(A),
substituted "subsections (k)(5) and (q) of this section" for
"subsection (q) of this section and paragraph (4) of this
subsection".
Subsec. (b)(4), (5). Pub. L. 108-203, Sec. 418(b)(1)(B),
redesignated par. (5) as (4) and struck out former par. (4), which
related to reduction of a wife's insurance benefit for each month,
in certain circumstances, by an amount equal to two-thirds of the
amount of any monthly periodic benefit payable to the wife for such
month which is based upon her earnings while in the service of the
Federal Government or any State or political subdivision thereof.
Subsec. (c)(2). Pub. L. 108-203, Sec. 418(b)(2), redesignated
par. (3) as (2), substituted "subsections (k)(5) and (q) of this
section" for "subsection (q) of this section and paragraph (2) of
this subsection", and struck out former par. (2), which related to
reduction of a husband's insurance benefit for each month, in
certain circumstances, by an amount equal to two-thirds of the
amount of any monthly periodic benefit payable to the husband for
such month which is based upon his earnings while in the service of
the Federal Government or any State or political subdivision
thereof.
Subsec. (c)(3) to (5). Pub. L. 108-203, Sec. 418(b)(2)(A),
redesignated pars. (4) and (5) as (3) and (4), respectively. Former
par. (3) redesignated (2).
Subsec. (d)(6)(B). Pub. L. 108-203, Sec. 420A(a), inserted "(i)"
after "began" and added cl. (ii).
Subsec. (e)(2)(A). Pub. L. 108-203, Sec. 418(b)(3)(A),
substituted "subsection (k)(5) of this section, subsection (q) of
this section," for "subsection (q) of this section, paragraph (7)
of this subsection,".
Subsec. (e)(7) to (9). Pub. L. 108-203, Sec. 418(b)(3)(B),
redesignated pars. (8) and (9) as (7) and (8), respectively, and
struck out former par. (7), which related to reduction of a widow's
insurance benefit for each month, in certain circumstances, by an
amount equal to two-thirds of the amount of any monthly periodic
benefit payable to the widow for such month which is based upon her
earnings while in the service of the Federal Government or any
State or political subdivision thereof.
Subsec. (f)(1)(B)(ii). Pub. L. 108-203, Sec. 418(b)(4)(B)(i),
substituted "paragraph (4)" for "paragraph (5)".
Subsec. (f)(1)(F). Pub. L. 108-203, Sec. 418(b)(4)(B)(ii), in cl.
(i), substituted "paragraph (5)" for "paragraph (6)" and, in cl.
(ii), substituted "paragraph (4)" for "paragraph (5)".
Subsec. (f)(2). Pub. L. 108-203, Sec. 418(b)(4)(A)(i),
redesignated par. (3) as (2) and struck out former par. (2), which
related to reduction of a widower's insurance benefit for each
month, in certain circumstances, by an amount equal to two-thirds
of the amount of any monthly periodic benefit payable to the
widower for such month which is based upon his earnings while in
the service of the Federal Government or any State or political
subdivision thereof.
Subsec. (f)(2)(A). Pub. L. 108-203, Sec. 418(b)(4)(A)(ii),
substituted "subsection (k)(5) of this section, subsection (q) of
this section," for "subsection (q) of this section, paragraph (2)
of this subsection,".
Subsec. (f)(3), (4). Pub. L. 108-203, Sec. 418(b)(4)(A)(i),
redesignated pars. (4) and (5) as (3) and (4), respectively. Former
par. (3) redesignated (2).
Subsec. (f)(5). Pub. L. 108-203, Sec. 418(b)(4)(A)(i), (B)(iii),
redesignated par. (6) as (5) and substituted "paragraph (4)" for
"paragraph (5)" in subpar. (A)(ii). Former par. (5) redesignated
(4).
Subsec. (f)(6) to (9). Pub. L. 108-203, Sec. 418(b)(4)(A)(i),
redesignated pars. (7) to (9) as (6) to (8), respectively. Former
par. (6) redesignated (5).
Subsec. (g)(2). Pub. L. 108-203, Sec. 418(b)(5)(A), substituted
"Such" for "Except as provided in paragraph (4) of this subsection,
such".
Subsec. (g)(4). Pub. L. 108-203, Sec. 418(b)(5)(B), struck out
par. (4), which related to reduction of a mother's or father's
insurance benefit for each month, in certain circumstances, by an
amount equal to two-thirds of the amount of any monthly periodic
benefit payable to the individual for such month which is based
upon the individual's earnings while in the service of the Federal
Government or any State or political subdivision thereof.
Subsec. (k)(2)(B). Pub. L. 108-203, Sec. 418(b)(4)(B)(iv),
substituted "or (f)(3)" for "or (f)(4)" in two places.
Subsec. (k)(3)(A). Pub. L. 108-203, Sec. 418(b)(4)(B)(v),
substituted "or (f)(2)" for "or (f)(3)".
Subsec. (k)(3)(B). Pub. L. 108-203, Sec. 418(b)(4)(B)(vi),
substituted "or (f)(3)" for "or (f)(4)".
Subsec. (k)(5). Pub. L. 108-203, Sec. 418(a), added par. (5).
Subsec. (n). Pub. L. 108-203, Sec. 412(b)(1)(C), substituted
"removal" for "deportation" in heading.
Subsec. (n)(1). Pub. L. 108-203, Sec. 412(b)(1)(B), substituted
"removed" for "deported" in introductory provisions.
Pub. L. 108-203, Sec. 412(a)(1), substituted "section 1227(a) of
title 8 (other than under paragraph (1)(C) of such section) or
under section 1182(a)(6)(A) of title 8" for "section 1227(a) of
title 8 (other than under paragraph (1)(C) or (1)(E) thereof)" in
introductory provisions.
Subsec. (n)(1)(A). Pub. L. 108-203, Sec. 412(b)(2), inserted "or
the Secretary of Homeland Security" after "the Attorney General".
Pub. L. 108-203, Sec. 412(b)(1)(B), substituted "removed" for
"deported".
Subsec. (n)(2). Pub. L. 108-203, Sec. 412(b)(2), inserted "or the
Secretary of Homeland Security" after "the Attorney General".
Pub. L. 108-203, Sec. 412(b)(1)(A), substituted "removal" for
"deportation" in two places.
Pub. L. 108-203, Sec. 412(a)(2), substituted "section 1227(a) of
title 8 (other than under paragraph (1)(C) of such section) or
under section 1182(a)(6)(A) of title 8" for "section 1227(a) of
title 8 (other than under paragraph (1)(C) or (1)(E) thereof)".
Subsec. (n)(3). Pub. L. 108-203, Sec. 412(a)(4), (b)(1)(A), (B),
substituted "removed" for "deported" and "removal" for
"deportation" and made technical amendment to reference in original
act which appears in text as reference to section 1227(a) of title
8.
Pub. L. 108-203, Sec. 412(a)(3), substituted "paragraph (4)(D) of
section 1227(a) of title 8 (relating to participating in Nazi
persecutions or genocide) shall be considered to have been deported
under such paragraph (4)(D)" for "paragraph (19) of section 1227(a)
of title 8 (relating to persecution of others on account of race,
religion, national origin, or political opinion, under the
direction of or in association with the Nazi government of Germany
or its allies) shall be considered to have been deported under such
paragraph (19)".
Subsec. (x). Pub. L. 108-203, Sec. 203(a)(1), substituted
"prisoners, certain other inmates of publicly funded institutions,
fugitives, probationers, and parolees" for "prisoners and certain
other inmates of publicly funded institutions" in heading.
Subsec. (x)(1)(A)(iv), (v). Pub. L. 108-203, Sec. 203(a)(2)-(4),
added cls. (iv) and (v).
Subsec. (x)(1)(B)(iii), (iv). Pub. L. 108-203, Sec. 203(a)(5),
added cls. (iii) and (iv).
Subsec. (x)(3)(C). Pub. L. 108-203, Sec. 203(a)(6), added subpar.
(C).
2000 - Subsec. (w)(2)(B)(ii). Pub. L. 106-182 substituted "or, if
so entitled, did not receive benefits pursuant to a request by such
individual that benefits not be paid" for "or suffered deductions
under section 403(b) or 403(c) of this title in amounts equal to
the amount of such benefit".
1999 - Subsec. (w)(2)(B)(iii). Pub. L. 106-169 added cl. (iii).
Subsec. (x)(1)(A). Pub. L. 106-170, Sec. 402(b)(1)(A),
substituted "ending with or during or beginning with or during a
period of more than 30 days throughout all of which" for "during
which" in introductory provisions.
Subsec. (x)(1)(A)(i). Pub. L. 106-170, Sec. 402(d)(1)(A), struck
out "or" at end.
Pub. L. 106-170, Sec. 402(b)(1)(B), substituted "a criminal
offense" for "an offense punishable by imprisonment for more than 1
year (regardless of the actual sentence imposed)".
Subsec. (x)(1)(A)(ii)(I). Pub. L. 106-170, Sec. 402(b)(1)(C),
substituted "a criminal offense" for "an offense punishable by
imprisonment for more than 1 year".
Subsec. (x)(1)(A)(ii)(IV). Pub. L. 106-170, Sec. 402(d)(1)(B),
substituted ", or" for period at end.
Subsec. (x)(1)(A)(iii). Pub. L. 106-170, Sec. 402(d)(1)(C), added
cl. (iii).
Subsec. (x)(1)(B)(ii). Pub. L. 106-170, Sec. 402(d)(2),
substituted "clauses (ii) and (iii)" for "clause (ii)".
Subsec. (x)(3). Pub. L. 106-170, Sec. 402(a)(1), designated
existing provisions as subpar. (A) and added subpar. (B).
1996 - Subsec. (d)(1)(H). Pub. L. 104-121, Sec. 104(b)(1), added
subpar. (H).
Subsec. (d)(4). Pub. L. 104-121, Sec. 104(a)(1), struck out "was
living with or" before "was receiving at least one-half of his
support".
Subsec. (d)(10). Pub. L. 104-121, Sec. 104(b)(2), added par.
(10).
Subsec. (n). Pub. L. 104-208, Sec. 308(g)(1), substituted
"section 1227(a)" for "section 1251(a)" in pars. (1) to (3).
Subsec. (y). Pub. L. 104-208, Sec. 503(a), added subsec. (y).
1994 - Subsec. (b)(4)(A). Pub. L. 103-296, Sec. 308(a)(1), (2),
transferred closing provision for cl. (ii), which read "unless
subparagraph (B) applies.", to appear before "The amount" in
closing provision for subpar. (A).
Subsec. (b)(4)(B). Pub. L. 103-296, Sec. 308(a)(3), designated
existing provisions as cl. (ii) and added cl. (i).
Subsec. (b)(4)(C), (5)(A). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (c)(2)(A). Pub. L. 103-296, Sec. 308(a)(1), (2),
transferred closing provision for cl. (ii), which read "unless
subparagraph (B) applies.", to appear before "The amount" in
closing provision for subpar. (A).
Subsec. (c)(2)(B). Pub. L. 103-296, Sec. 308(a)(3), designated
existing provisions as cl. (ii) and added cl. (i).
Subsec. (c)(2)(C), (5)(A). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (d)(7)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" and "the
Commissioner" for "him".
Subsec. (d)(7)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary".
Subsec. (d)(8)(D)(ii). Pub. L. 103-296, Sec. 321(a)(2), inserted
period at end and realigned margin.
Subsec. (e)(1)(C)(ii)(III), (5)(B). Pub. L. 103-296, Sec.
107(a)(4), substituted "Commissioner of Social Security" for
"Secretary" wherever appearing.
Subsec. (e)(7)(A). Pub. L. 103-296, Sec. 308(a)(1), (2),
transferred closing provision for cl. (ii), which read "unless
subparagraph (B) applies.", to appear before "The amount" in
closing provision for subpar. (A).
Subsec. (e)(7)(B). Pub. L. 103-296, Sec. 308(a)(3), designated
existing provisions as cl. (ii) and added cl. (i).
Subsec. (e)(7)(C), (9). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (f)(1)(C)(ii)(III). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary" in
two places.
Subsec. (f)(2)(A). Pub. L. 103-296, Sec. 308(a)(1), (2),
transferred closing provision for cl. (ii), which read "unless
subparagraph (B) applies.", to appear before "The amount" in
closing provision for subpar. (A).
Subsec. (f)(2)(B). Pub. L. 103-296, Sec. 308(a)(3), designated
existing provisions as cl. (ii) and added cl. (i).
Subsec. (f)(2)(C), (6)(B), (9). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing.
Subsec. (g)(4)(A). Pub. L. 103-296, Sec. 308(a)(1), (2),
transferred closing provision for cl. (ii), which read "unless
subparagraph (B) applies.", to appear before "The amount" in
closing provision for subpar. (A).
Subsec. (g)(4)(B). Pub. L. 103-296, Sec. 308(a)(3), designated
existing provisions as cl. (ii) and added cl. (i).
Subsec. (g)(4)(C). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary".
Subsecs. (i), (j)(1), (2), (5). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing.
Subsec. (n)(1). Pub. L. 103-296, Sec. 321(b)(1), made technical
amendment to directory language of Pub. L. 101-649, Sec.
603(b)(5)(A). See 1990 Amendment note below.
Subsecs. (n)(1)(A), (2), (p). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing.
Subsec. (q)(1)(A). Pub. L. 103-296, Sec. 321(a)(3), struck out
dash after "multiplied by" at end.
Subsec. (q)(5)(A)(i). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary" in
two places.
Subsec. (q)(9). Pub. L. 103-296, Sec. 321(a)(4), in introductory
provisions substituted "paragraph (1)" for "parargaph (1)".
Subsec. (q)(9)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary".
Subsec. (t)(1)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary", "the
Commissioner by" for "him by", and "the Commissioner's attention"
for "his attention".
Subsec. (t)(2). Pub. L. 103-296, Sec. 107(a)(4), in introductory
provisions substituted "Commissioner of Social Security" for
"Secretary".
Subsec. (t)(4)(D). Pub. L. 103-296, Sec. 321(a)(5), inserted "if
the" before "Secretary of Veterans Affairs determines that such"
and before "Secretary of Veterans Affairs certifies to the".
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary" before "his determinations with".
Subsecs. (t)(8), (u)(2). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing.
Subsec. (v)(1). Pub. L. 103-296, Sec. 321(c)(2)(A), substituted
"Code of 1986" for "Code of 1954".
Subsec. (v)(3)(A). Pub. L. 103-296, Sec. 321(c)(2)(B), inserted
"of the Internal Revenue Code of 1986" after "3127".
Subsec. (x). Pub. L. 103-387, Sec. 4(a)(1), inserted "and certain
other inmates of publicly funded institutions" in heading.
Subsec. (x)(1). Pub. L. 103-387, Sec. 4(a)(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
"Notwithstanding any other provision of this subchapter, no monthly
benefits shall be paid under this section or under section 423 of
this title to any individual for any month during which such
individual is confined in a jail, prison, or other penal
institution or correctional facility, pursuant to his conviction of
an offense which constituted a felony under applicable law, unless
such individual is actively and satisfactorily participating in a
rehabilitation program which has been specifically approved for
such individual by a court of law and, as determined by the
Commissioner of Social Security, is expected to result in such
individual being able to engage in substantial gainful activity
upon release and within a reasonable time."
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary".
Subsec. (x)(3). Pub. L. 103-387, Sec. 4(a)(3), substituted "any
individual who is confined as described in paragraph (1) if the
confinement is under the jurisdiction of such agency and the
Commissioner of Social Security requires such information to carry
out the provisions of this section" for "any individual who is
confined in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of such agency,
pursuant to his conviction of an offense which constituted a felony
under applicable law, which the Commissioner of Social Security may
require to carry out the provisions of this subsection".
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary" in two places.
1991 - Subsec. (o). Pub. L. 102-40 substituted "section 5105 of
title 38" for "section 3005 of title 38".
Subsec. (t)(4)(D). Pub. L. 102-54 substituted "Secretary of
Veterans Affairs" for "Administrator of Veterans' Affairs" before
"determines was", "Secretary of Veterans Affairs" for "if the
Administrator" before "determines that", and "Secretary of Veterans
Affairs" for "if the Administrator" before "certifies".
1990 - Subsec. (e)(5). Pub. L. 101-508, Sec. 5103(c)(2)(A),
designated existing provision as subpar. (A), redesignated former
subpars. (A) and (B) as cls. (i) and (ii), respectively, in cl.
(ii) substituted "(I)" and "(II)" for "(i)" and "(ii)",
respectively, and added subpar. (B).
Subsec. (e)(9). Pub. L. 101-508, Sec. 5103(d)(1), added par. (9).
Subsec. (f)(6). Pub. L. 101-508, Sec. 5103(c)(2)(B), designated
existing provision as subpar. (A), redesignated former subpars. (A)
and (B) as cls. (i) and (ii), respectively, in cl. (ii) substituted
"(I)" and "(II)" for "(i)" and "(ii)", respectively, and added
subpar. (B).
Subsec. (f)(9). Pub. L. 101-508, Sec. 5103(d)(2), added par. (9).
Subsec. (j)(4)(A). Pub. L. 101-508, Sec. 5116(a)(1), substituted
"if the amount of the monthly benefit to which such individual
would otherwise be entitled for any such month would be subject to
reduction pursuant to subsection (q) of this section" for "if the
effect of entitlement to such benefit would be to reduce, pursuant
to subsection (q) of this section, the amount of the monthly
benefit to which such individual would otherwise be entitled for
the month in which such application is filed".
Subsec. (j)(4)(B)(i). Pub. L. 101-508, Sec. 5116(a)(2),
redesignated cl. (ii) as (i) and struck out former cl. (i) which
read as follows: "If the individual applying for retroactive
benefits is applying for such benefits under subsection (a) of this
section, and there are one or more other persons who would (except
for subparagraph (A)) be entitled for any month, on the basis of
the wages and self-employment income of such individual and because
of such individual's entitlement to such retroactive benefits, to
retroactive benefits under subsection (b), (c), or (d) of this
section not subject to reduction under subsection (q) of this
section, then subparagraph (A) shall not apply with respect to such
month or any subsequent month."
Subsec. (j)(4)(B)(ii) to (v). Pub. L. 101-508, Sec. 5116(a)(2),
redesignated cls. (iii) and (v) as (ii) and (iii), respectively,
and struck out cl. (iv) which read as follows: "If the individual
applying for retroactive benefits has excess earnings (as defined
in section 403(f) of this title) in the year in which he or she
files an application for such benefits which could, except for
subparagraph (A), be charged to months in such year prior to the
month of application, then subparagraph (A) shall not apply to so
many of such months immediately preceding the month of application
as are required to charge such excess earnings to the maximum
extent possible." Former cl. (ii) redesignated (i).
Subsec. (n)(1). Pub. L. 101-649, Sec. 603(b)(5)(A), as amended by
Pub. L. 103-296, Sec. 321(b)(1), substituted "under section 1251(a)
of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)"
for "under paragraph (1), (2), (4), (5), (6), (7), (10), (11),
(12), (14), (15), (16), (17), (18), or (19) of section 1251(a) of
title 8".
Subsec. (n)(2). Pub. L. 101-649, Sec. 603(b)(5)(B), substituted
"(other than under paragraph (1)(C) or (1)(E) thereof)" for
"enumerated in paragraph (1) in this subsection".
1989 - Subsec. (d)(8). Pub. L. 101-239, Sec. 10301(b), struck out
at end "In the case of a child who was born in the one-year period
during which such child must have been living with and receiving at
least one-half of his support from such individual, such child
shall be deemed to meet such requirements for such period if, as of
the close of such period, such child has lived with such individual
in the United States and received at least one-half of his support
from such individual for substantially all of the period which
begins on the date of birth of such child."
Subsec. (d)(8)(D). Pub. L. 101-239, Sec. 10301(a), inserted "and"
after comma at end of cl. (i), added cl. (ii), and struck out
former cls. (ii) and (iii) which related to children living with
such individual in the United States and receiving at least one-
half of support from such individual and who had not attained the
age of 18 before living with such individual.
Subsec. (j)(5). Pub. L. 101-239, Sec. 10302(a)(1), added par.
(5).
Subsec. (q)(3). Pub. L. 101-239, Sec. 10203(a), redesignated
subpar. (H) as (E) and struck out former subpars. (E), (F), and (G)
which related to reductions in benefits for individuals entitled to
both old-age and widow's or widower's insurance, reductions in
benefits for individuals age 62 or over who are entitled to both
disability insurance and widow's or widower's insurance, and
reductions in benefits for individuals under age 62 who are
entitled to both disability insurance and widow's or widower's
insurance.
1988 - Subsecs. (b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II). Pub. L. 100-
647, Sec. 8014(a), substituted "the Federal Employees' Retirement
System provided in chapter 84 of title 5 or the Foreign Service
Pension System provided in subchapter II of chapter 8 of title I of
the Foreign Service Act of 1980" for "chapter 84 of title 5".
Subsec. (e)(1)(C). Pub. L. 100-647, Sec. 8010(a)(1), (2),
redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and
struck out former cl. (i) which read as follows: "has filed
application for widow's insurance benefits, or was entitled to
wife's insurance benefits, on the basis of the wages and self-
employment income of such individual, for the month preceding the
month in which he died, and (I) has attained retirement age (as
defined in section 416(l) of this title) or (II) is not entitled to
benefits under subsection (a) of this section or section 423 of
this title, or".
Subsec. (e)(7)(A)(ii)(II). Pub. L. 100-647, Sec. 8014(a),
substituted "the Federal Employees' Retirement System provided in
chapter 84 of title 5 or the Foreign Service Pension System
provided in subchapter II of chapter 8 of title I of the Foreign
Service Act of 1980" for "chapter 84 of title 5".
Subsec. (e)(8). Pub. L. 100-647, Sec. 8010(a)(3), added par. (8).
Subsec. (f)(1)(C). Pub. L. 100-647, Sec. 8010(b)(1), (2),
redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and
struck out former cl. (i) which read as follows: "has filed
application for widower's insurance benefits or was entitled to
husband's insurance benefits, on the basis of the wages and self-
employment income of such individual, for the month preceding the
month in which she died, and (I) has attained retirement age (as
defined in section 416(l) of this title) or (II) is not entitled to
benefits under subsection (a) of this section or section 423 of
this title, or".
Subsec. (f)(2)(A)(ii)(II). Pub. L. 100-647, Sec. 8014(a),
substituted "the Federal Employees' Retirement System provided in
chapter 84 of title 5 or the Foreign Service Pension System
provided in subchapter II of chapter 8 of title I of the Foreign
Service Act of 1980" for "chapter 84 of title 5".
Subsec. (f)(8). Pub. L. 100-647, Sec. 8010(b)(3), added par. (8).
Subsec. (g)(4)(A)(ii)(II). Pub. L. 100-647, Sec. 8014(a),
substituted "the Federal Employees' Retirement System provided in
chapter 84 of title 5 or the Foreign Service Pension System
provided in subchapter II of chapter 8 of title I of the Foreign
Service Act of 1980" for "chapter 84 of title 5".
Subsec. (n)(1). Pub. L. 100-647, Sec. 8004(a), inserted reference
to par. (19) of section 1251(a) of title 8 in introductory
provisions.
Subsec. (n)(3). Pub. L. 100-647, Sec. 8004(b), added par. (3).
Subsec. (v). Pub. L. 100-647, Sec. 8007(b), designated existing
provisions as par. (1), inserted "and subject to paragraph (3),"
after "Notwithstanding any other provisions of this subchapter,",
struck out "; except that, if thereafter such individual's tax
exemption under such section 1402(g) ceases to be effective, such
waiver shall cease to be applicable in the case of benefits and
other payments under this subchapter and part A of subchapter XVIII
of this chapter to the extent based on his self-employment income
for and after the first taxable year for which such tax exemption
ceases to be effective and on his wages for and after the calendar
year (if any) which begins in or with the beginning of such taxable
year" after "the filing of such waiver", and added pars. (2) and
(3).
1987 - Subsec. (b)(4). Pub. L. 100-203, Sec. 9007(a), added
subpars. (A) and (B), redesignated former subpar. (B) as (C), and
struck out former subpar. (A) which read as follows: "The amount of
a wife's insurance benefit for each month as determined after
application of the provisions of subsections (q) and (k) of this
section shall be reduced (but not below zero) by an amount equal to
two-thirds of the amount of any monthly periodic benefit payable to
such wife (or divorced wife) for such month which is based upon her
earnings while in the service of the Federal Government or any
State (or political subdivision thereof, as defined in section
418(b)(2) of this title) if, on the last day she was employed by
such entity, such service did not constitute 'employment' as
defined in section 410 of this title for purposes of this
subchapter. The amount of the reduction in any benefit under this
subparagraph, if not a multiple of $0.10, shall be rounded to the
next higher multiple of $0.10."
Subsec. (c)(2). Pub. L. 100-203, Sec. 9007(b), added subpars. (A)
and (B), redesignated former subpar. (B) as (C), and struck out
former subpar. (A) which read as follows: "The amount of a
husband's insurance benefit for each month as determined after
application of the provisions of subsections (q) and (k) of this
section shall be reduced (but not below zero) by an amount equal to
two-thirds of the amount of any monthly periodic benefit payable to
such husband (or divorced husband) for such month which is based
upon his earnings while in the service of the Federal Government or
any State (or political subdivision thereof, as defined in section
418(b)(2) of this title) if, on the last day he was employed by
such entity, such service did not constitute 'employment' as
defined in section 410 of this title for purposes of this
subchapter. The amount of the reduction in any benefit under this
subparagraph, if not a multiple of $0.10, shall be rounded to the
next higher multiple of $0.10."
Subsec. (d)(1)(G)(i). Pub. L. 100-203, Sec. 9010(b), substituted
"36 months" for "15 months".
Subsec. (e)(1). Pub. L. 100-203, Sec. 9010(c), substituted "36
months" for "15 months" in subcl. (II) of last sentence.
Subsec. (e)(7). Pub. L. 100-203, Sec. 9007(c), added subpars. (A)
and (B), redesignated former subpar. (B) as (C), and struck out
former subpar. (A) which read as follows: "The amount of a widow's
insurance benefit for each month as determined (after application
of the provisions of subsections (q) and (k) of this section,
paragraph (2)(D), and paragraph (3)) shall be reduced (but not
below zero) by an amount equal to two-thirds of the amount of any
monthly periodic benefit payable to such widow (or surviving
divorced wife) for such month which is based upon her earnings
while in the service of the Federal Government or any State (or any
political subdivision thereof, as defined in section 418(b)(2) of
this title) if, on the last day she was employed by such entity,
such service did not constitute 'employment' as defined in section
410 of this title for purposes of this subchapter. The amount of
the reduction in any benefit under this subparagraph, if not a
multiple of $0.10, shall be rounded to the next higher multiple of
$0.10."
Subsec. (f)(1). Pub. L. 100-203, Sec. 9010(d), substituted "36
months" for "15 months" in subcl. (II) of last sentence.
Subsec. (f)(2). Pub. L. 100-203, Sec. 9007(d), added subpars. (A)
and (B), redesignated former subpar. (B) as (C), and struck out
former subpar. (A) which read as follows: "The amount of a
widower's insurance benefit for each month (as determined after
application of the provisions of subsections (k) and (q) of this
section, paragraph (3)(D), and paragraph (4)) shall be reduced (but
not below zero) by an amount equal to two-thirds of the amount of
any monthly periodic benefit payable to such widower for such month
which is based upon his earnings while in the service of the
Federal Government or any State (or any political subdivision
thereof, as defined in section 418(b)(2) of this title) if, on the
last day he was employed by such entity, such service did not
constitute 'employment' as defined in section 410 of this title for
purposes of this subchapter. The amount of the reduction in any
benefit under this subparagraph, if not a multiple of $0.10, shall
be rounded to the next higher multiple of $0.10."
Subsec. (g)(4). Pub. L. 100-203, Sec. 9007(e), added subpars. (A)
and (B), redesignated former subpar. (B) as (C), and struck out
former subpar. (A) which read as follows: "The amount of a mother's
or father's insurance benefit for each month to which any
individual is entitled under this subsection (as determined after
application of subsection (k) of this section) shall be reduced
(but not below zero) by an amount equal to two-thirds of the amount
of any monthly periodic benefit payable to such individual for such
month which is based upon such individual's earnings while in the
service of the Federal Government or any State (or political
subdivision thereof, as defined in section 418(b)(2) of this title)
if, on the last day such individual was employed by such entity,
such service did not constitute 'employment' as defined in section
410 of this title for purposes of this subchapter. The amount of
the reduction in any benefit under this subparagraph, if not a
multiple of $0.10, shall be rounded to the next higher multiple of
$0.10."
1986 - Subsec. (c)(5)(B). Pub. L. 99-514, Sec. 1883(a)(1),
substituted "or (J)" for "or (I)".
Subsec. (d)(6)(E). Pub. L. 99-272, Sec. 12107(a), substituted
"the termination month (as defined in paragraph (1)(G)(i)), subject
to section 423(e) of this title," for "the third month following
the month in which he ceases to be under such disability".
Subsec. (d)(8)(D)(ii)(III). Pub. L. 99-272, Sec. 12104(a),
inserted "or great-grandchild" after "grandchild".
Subsec. (q)(5)(A)(i). Pub. L. 99-514, Sec. 1883(a)(2),
substituted "prescribed by the Secretary" for "prescribed by him".
Subsec. (q)(5)(C). Pub. L. 99-514, Sec. 1883(a)(3), which
directed substitution of "he or she shall be deemed" for "she shall
be deemed" was not executed because of prior amendment substituting
"he or she" for "she" by Pub. L. 98-21, Sec. 309(c)(4). See 1983
Amendment note below.
1984 - Subsec. (a). Pub. L. 98-369, Sec. 2662(c)(1), made a
clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(A). See 1983
Amendment note below.
Subsec. (c)(1). Pub. L. 98-369, Sec. 2661(b)(1)(A), (B),
substituted "retirement age (as defined in section 416(l) of this
title)" for "age 65" in cls. (i) and (ii)(I) of provisions
following subpar. (D) and preceding subpar. (E).
Pub. L. 98-369, Sec. 2661(b)(1)(C), substituted "in which" for
"to which" in provisions following cl. (ii) of provisions following
subpar. (D) and preceding subpar. (E).
Subsec. (c)(5)(A). Pub. L. 98-369, Sec. 2661(b)(2), substituted
"clauses (i) and (ii)" for "classes (i) and (ii)".
Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(a)(2)(A)(i),
substituted "subparagraphs" for "paragraphs" and "subparagraph" for
"paragraph" in cl. (ii) of provisions following subpar. (C) and
preceding subpar. (D).
Subsec. (d)(1)(G). Pub. L. 98-369, Sec. 2663(a)(2)(A)(ii), in
restructuring subpar. (G), struck out the comma after "age of 18",
substituted a dash for a comma after "the age of 22", substituted
"(i) the termination month, subject to section 423(e) of this title
(and for purposes" for ", or, subject to section 423(e) of this
title, the termination month (and for purposes", and inserted
closing parenthesis after "activity" and substituted "(ii)" and
"(iii)" for "(III)" and "(IV)", respectively.
Subsec. (d)(7)(A). Pub. L. 98-369, Sec. 2663(a)(2)(A)(iii),
substituted "the effective date of this sentence" for "the date of
enactment of this paragraph".
Subsec. (e)(1). Pub. L. 98-369, Sec. 2663(a)(2)(B), in provisions
following subpar. (F)(ii), struck out first of two commas following
"age 60" and substituted "she engages" for "he engages".
Subsec. (e)(2)(A). Pub. L. 98-369, Sec. 2661(c)(1), substituted
"paragraph (7) of this subsection" for "paragraph (8) of this
subsection".
Subsec. (e)(2)(C). Pub. L. 98-369, Sec. 2661(c)(2), struck out
the period after "If such deceased individual" and inserted a
closing parenthesis after "paragraph (3) of such subsection (w) of
this section".
Subsec. (e)(7)(A). Pub. L. 98-369, Sec. 2661(c)(3), substituted
"paragraph (2)(D)" for "paragraph (2)(B)".
Subsec. (f)(1). Pub. L. 98-369, Sec. 2663(a)(2)(C), struck out
the first of two commas after "age 60" in provisions following
subpar. (F).
Subsec. (f)(1)(C)(ii). Pub. L. 98-369, Sec. 2661(d)(1),
substituted "retirement age (as defined in section 416(l) of this
title)" for "age 65".
Subsec. (f)(2)(A). Pub. L. 98-369, Sec. 2661(d)(2), substituted
"paragraph (3)(D)" for "paragraph (3)(B)".
Subsec. (f)(3)(C). Pub. L. 98-369, Sec. 2661(d)(3), struck out
the period after "If such deceased individual".
Subsec. (f)(3)(D)(i). Pub. L. 98-369, Sec. 2663(a)(2)(D), struck
out the semicolon after "applicable,".
Subsec. (i). Pub. L. 98-369, Sec. 2663(a)(2)(E), amended language
being deleted by Pub. L. 97-35, Sec. 2202(a)(1). See 1981 Amendment
note below.
Subsec. (q)(3)(E). Pub. L. 98-369, Sec. 2662(c)(1), made a
clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(A). See 1983
Amendment note below.
Subsec. (q)(3)(G). Pub. L. 98-369, Sec. 2663(a)(2)(F)(i),
substituted "if the period" for "as if the period".
Subsec. (q)(7)(E). Pub. L. 98-369, Sec. 2663(a)(2)(F)(ii),
substituted "she or he attained retirement age" for "he attained
retirement age".
Subsec. (q)(9)(B)(i). Pub. L. 98-369, Sec. 2661(e), substituted
"section 416(l) of this title" for "section 416(a) of this title".
Subsec. (t)(4)(E). Pub. L. 98-369, Sec. 2663(a)(2)(G), inserted
"of 1937 or 1974" after "Railroad Retirement Act" the first place
it appears and substituted references to section 5(k)(1) of the
Railroad Retirement Act of 1937 and section 18(2) of the Railroad
Retirement Act of 1974 for reference to section 5(k)(1) of the
Railroad Retirement Act.
Subsec. (u)(1)(B). Pub. L. 98-369, Sec. 2663(a)(2)(H), struck out
", 822, or 823" after "section 783".
1983 - Subsec. (a). Pub. L. 98-21, Sec. 201(c)(1)(A), as amended
by Pub. L. 98-369, Sec. 2662(c)(1), substituted reference to
retirement age as defined in section 416(l) of this title for
reference to age 65 or the age of 65, wherever appearing.
Subsec. (b)(1). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65 in two places.
Subsec. (b)(3). Pub. L. 98-21, Sec. 307(a), struck out exception
in provisions following subpar. (B) that, in the case of such a
marriage to an individual entitled to benefits under subsection (d)
of this section, the preceding provisions of this paragraph would
not apply with respect to benefits for months after the last month
for which such individual was entitled to such benefits under
subsection (d) of this section unless he ceased to be so entitled
by reason of his death.
Subsec. (b)(3)(A). Pub. L. 98-21, Secs. 301(a)(7), 309(a),
inserted references to subsecs. (c) and (g), respectively.
Subsec. (b)(4)(A). Pub. L. 98-21, Sec. 337(a), substituted "by an
amount equal to two-thirds of the amount of any monthly periodic
benefit" for "by an amount equal to the amount of any monthly
periodic benefit", and inserted provision that the amount of the
reduction in any benefit under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 97-455, Sec. 7(c), inserted "for purposes of this
subchapter" after "as defined in section 410 of this title".
Subsec. (b)(5). Pub. L. 98-21, Sec. 132(a), added par. (5).
Subsec. (c)(1). Pub. L. 98-21, Sec. 301(a)(1), inserted "and
every divorced husband (as defined in section 416(d) of this
title)" before "of an individual", and "or such divorced husband"
after "if such husband" in provisions preceding subpar. (A).
Pub. L. 98-21, Sec. 306(d), in provisions following subpar. (D)
and preceding subpar. (E), inserted "(subject to subsection (s) of
this section)" after "be entitled to".
Pub. L. 98-21, Sec. 201(c)(1)(A), which directed the substitution
of "retirement age (as defined in section 416(l) of this title" for
"age 65" in provisions following subpar. (D) and preceding subpar.
(E) was executed to those provisions after the execution of the
amendment by section 301(a)(2)(C) of Pub. L. 98-21 as the probable
intent of Congress.
Pub. L. 98-21, Sec. 301(a)(2)(C), amended provisions following
subpar. (D) generally, inserting references to a divorced husband
and to subpar. (D), designating existing provisions as subpars. (E)
to (G) and (I) and (J), adding subpar. (H), and revising subpar.
(G).
Subsec. (c)(1)(B). Pub. L. 98-21, Sec. 306(e), inserted
alternative provisions relating to the case of a husband.
Subsec. (c)(1)(C). Pub. L. 98-21, Sec. 301(a)(2)(A), (B), added
subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (c)(1)(D). Pub. L. 98-21, Sec. 301(a)(8), substituted
"such individual" for "his wife" after "amount of".
Pub. L. 98-21, Sec. 301(a)(2)(B), redesignated former subpar. (C)
as (D).
Subsec. (c)(1)(I) to (K). Pub. L. 98-21, Sec. 306(f), added
subpar. (I), and redesignated subpars. (I) and (J), as added by
section 301(a)(2)(C) of Pub. L. 98-21, as (J) and (K).
Subsec. (c)(2)(A). Pub. L. 98-21, Sec. 337(a), substituted "by an
amount equal to two-thirds of the amount of any monthly periodic
benefit" for "by an amount equal to the amount of any monthly
periodic benefit", and inserted provision that the amount of the
reduction in any benefit under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98-21, Sec. 301(a)(6), inserted "(or divorced husband)"
after "payable to such husband".
Pub. L. 97-455, Sec. 7(c), inserted "for purposes of this
subchapter" after "as defined in section 410 of this title".
Subsec. (c)(3). Pub. L. 98-21, Sec. 301(a)(3), inserted "(or, in
the case of a divorced husband, his former wife)" before "for such
month".
Subsec. (c)(4), (5). Pub. L. 98-21, Sec. 301(a)(4), (5), added
pars. (4) and (5).
Subsec. (d)(5). Pub. L. 98-21, Sec. 307(a), struck out exception
in provisions following subpar. (B) that in the case of such a
marriage to a male individual entitled to benefits under section
423(a) of this title or this subsection, the preceding provisions
of this paragraph would not apply with respect to benefits for
months after the last month for which such individual was entitled
to such benefits under section 423(a) of this title or this
subsection unless he ceased to be so entitled by reason of his
death, or in the case of an individual entitled to benefits under
section 423(a) of this title, he was entitled, for the month
following such last month, to benefits under subsection (a) of this
section.
Subsec. (d)(5)(A). Pub. L. 98-21, Sec. 301(a)(9), inserted
reference to subsec. (c).
Subsec. (d)(8)(D)(ii)(II). Pub. L. 98-21, Sec. 201(c)(1)(A),
substituted reference to retirement age as defined in section
416(l) of this title for reference to age 65 in two places.
Subsec. (e)(1). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65 in provisions following subpar. (F).
Pub. L. 98-21, Sec. 133(a)(2)(A), inserted "(as determined after
application of subparagraphs (B) and (C) of paragraph (2))" after
"primary insurance amount" in provisions following subpar. (F).
Subsec. (e)(1)(B)(ii). Pub. L. 98-21, Sec. 131(a)(3)(B),
substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(1)(C). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65 in two places.
Subsec. (e)(1)(D). Pub. L. 98-21, Sec. 133(a)(2)(A), inserted
"(as determined after application of subparagraphs (B) and (C) of
paragraph (2))" after "primary insurance amount".
Subsec. (e)(1)(F)(i). Pub. L. 98-21, Sec. 131(a)(3)(C),
substituted reference to par. (5) for reference to par. (6).
Subsec. (e)(1)(F)(ii). Pub. L. 98-21, Sec. 131(a)(3)(C),
substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(2)(A). Pub. L. 98-21, Sec. 133(a)(1)(B), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "Except as provided in subsection (q) of this section,
paragraph (7) of this subsection, and subparagraph (B) of this
paragraph, such widow's insurance benefit for each month shall be
equal to the primary insurance amount (as determined after
application of the following sentence) of such deceased individual.
If such deceased individual was (or upon application would have
been) entitled to an old-age insurance benefit which was increased
(or subject to being increased) on account of delayed retirement
under the provisions of subsection (w) of this section, then, for
purposes of this subsection, such individual's primary insurance
amount, if less than the old-age insurance benefit (increased,
where applicable, under section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title and under section 415(i) of this title
as if such individual were still alive in the case of an individual
who has died) which he was receiving (or would upon application
have received) for the month prior to the month in which he died,
shall be deemed to be equal to such old-age insurance benefit, and
(notwithstanding the provisions of paragraph (3) of subsection (w)
of this section the number of increment months shall include any
month in the months of the calendar year in which he died, prior to
the month in which he died, which satisfy the conditions in
paragraph (2) of subsection (w) of this section."
Pub. L. 98-21, Sec. 131(a)(3)(D), substituted reference to par.
(7) for reference to par. (8).
Pub. L. 98-21, Sec. 113(d), substituted "section 415(f)(5),
415(f)(6), or 415(f)(9)(B)" for "section 415(f)(5) or (6)".
Subsec. (e)(2)(B). Pub. L. 98-21, Sec. 133(a)(1)(A), added
subpar. (B) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(B)(i). Pub. L. 98-21, Sec. 113(d), substituted
"section 415(f)(5), 415(f)(6), or 415(f)(9)(B)" for "section
415(f)(5) or (6)".
Subsec. (e)(2)(C), (D). Pub. L. 98-21, Sec. 133(a)(1), added
subpar. (C) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(D)(ii). Pub. L. 98-21, Sec. 133(a)(2)(B), inserted
"(as determined without regard to subparagraph (C))" after "primary
insurance amount".
Subsec. (e)(3). Pub. L. 98-21, Sec. 131(a)(1)-(3)(A),
redesignated par. (4) as (3) and substituted provision that, for
purposes of par. (1), if (A) a widow or surviving divorced wife
marries after attaining age 60 (or after attaining age 50 if she
was entitled before such marriage occurred to benefits based on
disability under this subsection, or (B) a disabled widow or
disabled surviving divorced wife described in paragraph (1)(B)(ii)
marries after attaining age 50, such marriage shall be deemed not
to have occurred, for provision that if a widow, after attaining
age 60, married, such marriage would for purposes of par. (1) be
deemed not to have occurred. Former par. (3), which provided that
if a widow before attaining age 60, or a surviving divorced wife,
married (A) an individual entitled to benefits under subsec. (f) or
(h), or (B) an individual who had attained the age of eighteen and
was entitled to benefits under subsec. (d), such widow's or
surviving divorced wife's entitlement to benefits under this
subsection would, notwithstanding the provisions of par. (1) of
this subsection, but subject to subsec. (s), not be terminated by
reason of such marriage, except that, in the case of such a
marriage to an individual entitled to benefits under subsec. (d),
the preceding provisions of this paragraph would not apply with
respect to benefits for months after the last month for which such
individual was entitled to such benefits under subsec. (d) unless
he ceased to be so entitled by reason of his death, was struck out.
Subsec. (e)(4). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated
par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 98-21, Sec. 131(a)(3)(A), (E),
redesignated par. (6) as (5) and substituted reference to par. (4)
for reference to par. (5). Former par. (5) redesignated (4).
Subsec. (e)(6). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated
par. (7) as (6). Former par. (6) redesignated (5).
Subsec. (e)(7). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated
par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (e)(7)(A). Pub. L. 98-21, Sec. 337(a), substituted "by an
amount equal to two-thirds of the amount of any monthly periodic
benefit" for "by an amount equal to the amount of any monthly
periodic benefit", and inserted provision that the amount of the
reduction in any benefit under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98-21, Sec. 131(a)(3)(F), substituted reference to par.
(3) for reference to par. (4).
Subsec. (e)(8). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated
par. (8) as (7).
Subsec. (e)(8)(A). Pub. L. 97-455, Sec. 7(c), inserted "for
purposes of this subchapter" after "as defined in section 410 of
this title".
Subsec. (f)(1). Pub. L. 98-21, Sec. 301(b)(1), inserted "and
every surviving divorced husband (as defined in section 416(d) of
this title)" before "of an individual", and "or such surviving
divorced husband" after "if such widower" in provisions preceding
subpar. (A).
Pub. L. 98-21, Sec. 301(b)(2), substituted "such deceased
individual" for "his deceased wife" in provisions following subpar.
(F).
Pub. L. 98-21, Sec. 201(c)(1)(A), substituted reference to
retirement age as defined in section 416(l) of this title for
reference to age 65 in provisions following subpar. (F).
Pub. L. 98-21, Sec. 133(b)(2)(A), inserted "(as determined after
application of subparagraphs (B) and (C) of paragraph (3))" after
"primary insurance amount" in provisions following subpar. (F).
Subsec. (f)(1)(A). Pub. L. 98-21, Sec. 302, substituted "is not
married" for "has not remarried".
Subsec. (f)(1)(B)(ii). Pub. L. 98-21, Sec. 131(b)(3)(B),
substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(1)(C)(i). Pub. L. 98-21, Sec. 306(g), designated
existing provisions as cl. (i).
Pub. L. 98-21, Sec. 201(c)(1)(A), substituted reference to
retirement age as defined in section 416(l) of this title for
reference to age 65.
Subsec. (f)(1)(C)(ii). Pub. L. 98-21, Sec. 201(c)(1)(A), which
directed the substitution of "retirement age (as defined in section
416(l) of this title)" for "age 65" in cl. (ii) was executed to
those provisions after the execution of section 306(g) of Pub. L.
98-21 as the probable intent of Congress.
Pub. L. 98-21, Sec. 306(g), added cl. (ii).
Subsec. (f)(1)(D). Pub. L. 98-21, Sec. 301(b)(2), substituted
"such deceased individual" for "his deceased wife".
Pub. L. 98-21, Sec. 133(b)(2)(A), inserted "(as determined after
application of subparagraphs (B) and (C) of paragraph (3))" after
"primary insurance amount".
Subsec. (f)(1)(F)(i). Pub. L. 98-21, Sec. 131(b)(3)(C),
substituted reference to par. (6) for reference to par. (7).
Subsec. (f)(1)(F)(ii)(I). Pub. L. 98-21, Sec. 131(b)(3)(C),
substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(2)(A). Pub. L. 98-21, Sec. 337(a), substituted "by an
amount equal to two-thirds of the amount of any monthly periodic
benefit" for "by an amount equal to the amount of any monthly
periodic benefit", and inserted provision that the amount of the
reduction in any benefit under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98-21, Sec. 131(b)(3)(D), substituted reference to par.
(4) for reference to par. (5).
Pub. L. 97-455, Sec. 7(c), inserted "for purposes of this
subchapter" after "as defined in section 410 of this title".
Subsec. (f)(3)(A). Pub. L. 98-21, Sec. 133(b)(1)(B), amended
subpar. (A) generally. Prior to the amendment subpar. (A) read as
follows: "Except as provided in subsection (q) of this section,
paragraph (2) of this subsection, and subparagraph (B) of this
paragraph, such widower's insurance benefit for each month shall be
equal to the primary insurance amount (as determined after
application of the following sentence) of his deceased wife. If
such deceased individual was (or upon application would have been)
entitled to an old-age insurance benefit which was increased (or
subject to being increased) on account of delayed retirement under
the provisions of subsection (w) of this section, then, for
purposes of this subsection, such individual's primary insurance
amount, if less than the old-age insurance benefit (increased,
where applicable, under section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title and under section 415(i) of this title
as if such individual were still alive in the case of an individual
who has died) which she was receiving (or would upon application
have received) for the month prior to the month in which she died,
shall be deemed to be equal to such old-age insurance benefit, and
(notwithstanding the provisions of paragraph (3) of subsection (w)
of this section) the number of increment months shall include any
month in the months of the calendar year in which she died, prior
to the month in which she died, which satisfy the conditions in
paragraph (2) of subsection (w) of this section."
Pub. L. 98-21, Sec. 113(d), substituted "section 415(f)(5),
415(f)(6), or 415(f)(9)(B)" for "section 415(f)(5) or (6)".
Subsec. (f)(3)(B). Pub. L. 98-21, Sec. 133(b)(1), added subpar.
(B) and redesignated former subpar. (B) as (D).
Pub. L. 98-21, Sec. 113(d), substituted "section 415(f)(5),
415(f)(6), or 415(f)(9)" for "section 415(f)(5) or (6)".
Subsec. (f)(3)(B)(ii)(II). Pub. L. 98-21, Sec. 301(b)(3),
inserted "or surviving divorced husband" after "widower".
Subsec. (f)(3)(C). Pub. L. 98-21, Sec. 133(b)(1)(B), added
subpar. (C).
Subsec. (f)(3)(D). Pub. L. 98-21, Sec. 301(b)(4), inserted "or
surviving divorced husband" after "widower" wherever appearing.
Pub. L. 98-21, Sec. 301(b)(5), substituted "individual" for
"wife" wherever appearing.
Pub. L. 98-21, Sec. 133(b)(1)(A), redesignated former subpar. (B)
as (D).
Subsec. (f)(3)(D)(ii). Pub. L. 98-21, Sec. 133(b)(2)(B), inserted
"(as determined without regard to subparagraph (C))" after "primary
insurance amount".
Subsec. (f)(4). Pub. L. 98-21, Sec. 301(b)(4), inserted "or
surviving divorced husband" after "widower" in two places.
Pub. L. 98-21, Sec. 131(b)(1)-(3)(A), redesignated par. (5) as
(4), and amended par. (4) as so redesignated generally,
substituting provision that for purposes of par. (1), if a widower
married after attaining age 60 (or after attaining age 50 if
entitled before such marriage occurred to benefits based on
disability under this subsection), or a disabled widower described
in paragraph (1)(B)(ii) married after attaining age 50, such
marriage would be deemed not to have occurred, for provision that
if a widower married after attaining age 60, such marriage would be
deemed not to have occurred for purposes of par. (1). Former par.
(4), which had provided that if a widower, before attaining age 60,
remarried an individual entitled to benefits under subsec. (b),
(e), (g), or (h) or an individual who had attained the age of
eighteen and was entitled to benefits under subsec. (d), such
widower's entitlement to benefits under this subsection would,
notwithstanding the provisions of par. (1) of this subsection but
subject to subsec. (s), not be terminated by reason of such
marriage, was struck out.
Subsec. (f)(5). Pub. L. 98-21, Sec. 301(b)(4), inserted "or
surviving divorced husband" after "widower" in provisions preceding
subpar. (A).
Pub. L. 98-21, Sec. 131(b)(3)(A), redesignated par. (6) as (5).
Former par. (5) redesignated (4).
Subsec. (f)(5)(B), (C). Pub. L. 98-21, Sec. 306(h), added subpar.
(B) and redesignated former subpar. (B) as (C).
Subsec. (f)(6). Pub. L. 98-21, Sec. 301(b)(4), inserted "or
surviving divorced husband" after "widower".
Pub. L. 98-21, Sec. 131(b)(3)(A), (E), redesignated par. (7) as
(6) and substituted reference to par. (5) for reference to par.
(6). Former par. (6) redesignated (5).
Subsec. (f)(7), (8). Pub. L. 98-21, Sec. 131(b)(3)(A),
redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (g). Pub. L. 98-21, Sec. 306(a)(7), inserted "or
father's" after "mother's" wherever appearing.
Subsec. (g)(1). Pub. L. 98-21, Sec. 306(a)(8), struck out "after
August 1950" after "beginning with the first month" in provisions
following subpar. (F).
Pub. L. 98-21, Sec. 306(a)(1), (2), (5), (6), substituted
"surviving spouse" for "widow", "surviving spouse's" for "widow's",
"he or she" for "she", and "parent" for "mother", wherever
appearing.
Subsec. (g)(1)(D). Pub. L. 98-21, Sec. 306(a)(3), substituted "a
spouse's insurance benefit" for "wife's insurance benefits" and
"such individual" for "he".
Subsec. (g)(1)(E), (F)(i). Pub. L. 98-21, Sec. 306(a)(4),
substituted "his or her" for "her".
Subsec. (g)(3). Pub. L. 98-21, Sec. 307(a), struck out exception
in provisions following subpar. (B) that in the case of such a
marriage to an individual entitled to benefits under section 423(a)
of this title or subsec. (d), the preceding provisions of this
paragraph would not apply with respect to benefits for months after
the last month for which such individual was entitled to such
benefits under section 423(a) of this title or subsec. (d) unless
he ceased to be so entitled by reason of his death, or in the case
of an individual entitled to benefits under section 423(a) of this
title, he was entitled, for the month following such last month, to
benefits under subsec. (a).
Pub. L. 98-21, Sec. 306(a)(1), (6), substituted "surviving
spouse" for "widow" and "parent" for "mother" wherever appearing.
Subsec. (g)(3)(A). Pub. L. 98-21, Sec. 306(a)(9)(B), inserted
reference to this subsection and subsecs. (b) and (e).
Pub. L. 98-21, Sec. 301(b)(6), inserted reference to subsec. (c).
Subsec. (g)(4)(A). Pub. L. 98-21, Sec. 337(a), substituted "by an
amount equal to two-thirds of the amount of any monthly periodic
benefit" for "by an amount equal to the amount of any monthly
periodic benefit", and inserted provision that the amount of the
reduction in any benefit under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 97-455, Sec. 7(c), inserted "for purposes of this
subchapter" after "as defined in section 410 of this title".
Subsec. (h)(4). Pub. L. 98-21, Sec. 307(a), struck out exception
in provisions following subpar. (B) that in the case of such a
marriage to a male individual entitled to benefits under subsec.
(d), the preceding provisions of this paragraph would not apply
with respect to benefits for months after the last month for which
such individual was entitled to such benefits under subsec. (d)
unless he ceased to be so entitled by reason of his death.
Subsec. (h)(4)(A). Pub. L. 98-21, Sec. 301(b)(7), inserted
reference to subsec. (c).
Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98-21, Sec. 334(a), added
cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and
(v), respectively.
Subsec. (k)(2)(B), (3)(B). Pub. L. 98-21, Sec. 131(b)(3)(F), (G),
substituted references to subsecs. (e)(3) and (f)(4) for references
to subsecs. (e)(4) and (f)(5), respectively, wherever appearing.
Subsec. (m). Pub. L. 98-21, Secs. 111(a)(7), 134(b), in par. (1)
substituted "November" for "May" and in par. (2)(B) substituted
"subsection (q)(6)(B)" for "subsection (q)(6)(A)(ii)", as subsec.
(m) [notwithstanding its repeal by Pub. L. 97-35] continues to
apply in certain cases by reason of section 2(j)(2)-(4) of Pub. L.
97-123, set out as an Effective Date of 1981 Amendment note under
section 415 of this title. As thus amended subsec. (m) would read
as follows:
"(1) In any case in which an individual is entitled to a monthly
benefit under this section on the basis of a primary insurance
amount computed under section 415(a) or (d) of this title, as in
effect after December 1978, on the basis of the wages and self-
employment income of a deceased individual for any month and no
other person is (without the application of subsection (j)(1) of
this section) entitled to a monthly benefit under this section for
that month on the basis of such wages and self-employment income,
the individual's benefit amount for that month, prior to reduction
under subsection (k)(3) of this section, shall not be less than
that provided by subparagraph (C)(1)(I) of section 415(a)(1) of
this title and increased under section 415(i) of this title for
months after November of the year in which the insured individual
died as though such benefit were a primary insurance amount.
"(2) In the case of any such individual who is entitled to a
monthly benefit under subsection (e) or (f) of this section, such
individual's benefit amount, after reduction under subsection
(q)(1) of this section, shall be not less than -
"(A) $84.50, if his first month of entitlement to such benefit
is the month in which such individual attained age 62 or a
subsequent month, or
"(B) $84.50 reduced under subsection (q)(1) of this section as
if retirement age as specified in subsection (q)(6)(B) of this
section were age 62 instead of the age specified in subsection
(q)(9) of this section, if his first month of entitlement to such
benefit is before the month in which he attained age 62.
"(3) In the case of any individual whose benefit amount was
computed (or recomputed) under the provisions of paragraph (2) and
such individual was entitled to benefits under subsection (e) or
(f) of this section for a month prior to any month after 1972 for
which a general benefit increase under this subchapter (as defined
in section 415(i)(3) of this title) or a benefit increase under
section 415(i) of this title becomes effective, the benefit amount
of such individual as computed under paragraph (2) without regard
to the reduction specified in subparagraph (B) thereof shall be
increased by the percentage increase applicable for such benefit
increase, prior to the application of subsection (q)(1) of this
section pursuant to paragraph (2)(B) and subsection (q)(4) of this
section."
Subsec. (q)(1). Pub. L. 98-21, Sec. 201(b)(2), substituted
"Subject to paragraph (9), if" for "If" at beginning of par. (1).
Pub. L. 98-21, Sec. 134(a)(1), struck out provisions following
subpar. (B)(ii) which directed that in the case of a widow or
widower whose first month of entitlement to a widow's or widower's
insurance benefit was a month before the month in which such widow
or widower attained age 60, such benefit, reduced pursuant to
preceding provisions of this paragraph (and before the application
of the second sentence of paragraph (8)), had to be further reduced
by 43/240 of 1 percent of the amount of such benefit, multiplied
by the number of months in the additional reduction period for such
benefit (determined under paragraph (6)(B)), if such benefit was
for a month before the month in which such individual attained age
62, or if less, the number of months in the additional adjusted
reduction period for such benefit (determined under paragraph (7)),
if such benefit was for the month in which such individual attained
age 62 or any month thereafter.
Subsec. (q)(1)(B)(i). Pub. L. 98-21, Sec. 134(a)(2)(C),
substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(2). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65.
Subsec. (q)(3)(A)(i). Pub. L. 98-21, Sec. 201(c)(1)(A),
substituted reference to retirement age as defined in section
416(l) of this title for reference to age 65.
Subsec. (q)(3)(E). Pub. L. 98-21, Sec. 309(b), inserted "or
surviving divorced husband" after "widower".
Pub. L. 98-21, Sec. 201(c)(1)(A), as amended by Pub. L. 98-369,
Sec. 2662(c)(1), substituted reference to retirement age as defined
in section 416(l) of this title for reference to the age of 65.
Subsec. (q)(3)(E)(ii). Pub. L. 98-21, Sec. 134(a)(2)(C),
substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(3)(F). Pub. L. 98-21, Sec. 309(b), inserted "or
surviving divorced husband" after "widower".
Subsec. (q)(3)(F)(ii)(I). Pub. L. 98-21, Sec. 134(a)(2)(C),
substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(3)(G). Pub. L. 98-21, Sec. 309(b), inserted "or
surviving divorced husband" after "widower".
Pub. L. 98-21, Sec. 134(a)(2)(B), substituted "paragraph (6)" for
"paragraph (6)(A) (or, if such paragraph does not apply, the period
specified in paragraph (6)(B))".
Subsec. (q)(5). Pub. L. 98-21, Sec. 309(c)(4), substituted "he or
she" for "she" wherever appearing.
Pub. L. 98-21, Sec. 309(c)(1), inserted "or husband's" after
"wife's" wherever appearing.
Subsec. (q)(5)(A)(i). Pub. L. 98-21, Sec. 309(c)(2), substituted
"him or her" for "her".
Subsec. (q)(5)(A)(ii). Pub. L. 98-21, Sec. 309(c)(3), substituted
"the" for "her" after "income".
Subsec. (q)(5)(B)(ii). Pub. L. 98-21, Sec. 309(c)(6), substituted
"the individual" for "the woman".
Subsec. (q)(5)(C). Pub. L. 98-21, Sec. 309(c)(6), substituted "an
individual" for "a woman".
Pub. L. 98-21, Sec. 309(c)(5), substituted "his or her" for
"her".
Pub. L. 98-21, Sec. 201(c)(1)(A), substituted reference to
retirement age as defined in section 416(l) of this title for
reference to age 65 wherever appearing.
Subsec. (q)(5)(D). Pub. L. 98-21, Sec. 309(c)(7), inserted "or
widower's" after "widow's", substituted "spouse" for "husband"
wherever appearing, substituted "spouse's" for "husband's" wherever
appearing, and inserted "or father's" after "mother's".
Pub. L. 98-21, Sec. 309(c)(5), substituted "his or her" for "her"
in three places.
Subsec. (q)(6). Pub. L. 98-21, Sec. 134(a)(2)(A), amended par.
(6) generally, striking out subpar. designation "(A)" after "this
subsection" and redesignated cl. (i) as subpar. (A), in subpar. (A)
as so redesignated, redesignated subcls. (I) to (III) as cls. (i)
to (iii), respectively, redesignated former cl. (ii) as subpar.
(B), and struck out former subpar. (B), which had provided that the
"additional reduction period" for an individual's widow's or
widower's insurance benefit was the period beginning with the first
day of the first month for which such individual was entitled to
such benefit, but only if such individual had not attained age 60
in such first month, and ending with the last day of the month
before the month in which such individual attained age 60.
Subsec. (q)(6)(A)(i). Pub. L. 98-21, Sec. 309(d)(1), struck out
"or husband's" after "old-age".
Subsec. (q)(6)(A)(ii). Pub. L. 98-21, Sec. 309(d)(1), inserted
"or husband's" after "wife's".
Subsec. (q)(7). Pub. L. 98-21, Sec. 134(a)(3), amended provisions
preceding subpar. (A) generally, substituting reference to par. (6)
for reference to par. (6)(A), and striking out provision that the
additional adjusted reduction period for an individual's, widow's,
or widower's insurance benefit was the additional reduction period
prescribed by par. (6)(B) for such benefit, with the same
exclusions as from the adjusted reduction period.
Subsec. (q)(7)(B). Pub. L. 98-21, Sec. 309(d)(2)(A), inserted "or
husband's" after "wife's", substituted "such individual" for "she",
and inserted "his or" before "her".
Subsec. (q)(7)(D). Pub. L. 98-21, Sec. 309(d)(2)(B), inserted "or
widower's" after "widow's".
Subsec. (q)(9). Pub. L. 98-21, Sec. 201(b)(1), amended par. (9)
generally, substituting provisions defining the amount of reduction
for early retirement specified in par. (1) for provision that, for
purposes of this subsection, the term "retirement age" meant age
65.
Subsec. (q)(10). Pub. L. 98-21, Sec. 134(a)(4)(A), in that part
of second sentence preceding cl. (A) struck out "or an additional
adjusted reduction period" after "the use of an adjusted reduction
period".
Subsec. (q)(10)(B)(i). Pub. L. 98-21, Sec. 134(a)(4)(B), struck
out ", plus the number of months in the adjusted additional
reduction period multiplied by 43/240 of 1 percent" before "to
(ii)".
Subsec. (q)(10)(B)(ii). Pub. L. 98-21, Sec. 134(a)(4)(C), struck
out "plus the number of months in the additional reduction period
multiplied by 43/240 of 1 percent," after "1 percent".
Subsec. (q)(10)(C). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65.
Subsec. (q)(10(C)(i). Pub. L. 98-21, Sec. 134(a)(4)(B), struck
out ", plus the number of months in the adjusted additional
reduction period multiplied by 43/240 of 1 percent" before "to
(ii)".
Subsec. (q)(10)(C)(ii). Pub. L. 98-21, Sec. 134(a)(4)(D), struck
out "plus the number of months in the adjusted additional reduction
period multiplied by 43/240 of 1 percent." after "1 percent,".
Subsec. (r)(1), (2). Pub. L. 98-21, Sec. 201(c)(1)(A),
substituted reference to retirement age as defined in section
416(l) of this title for reference to age 65.
Subsec. (s)(1). Pub. L. 98-21, Sec. 309(e)(1), inserted reference
to subsec. (c)(1).
Subsec. (s)(2). Pub. L. 98-21, Sec. 309(e)(2), inserted reference
to subsec. (c)(4).
Pub. L. 98-21, Sec. 131(c)(1), substituted "So much of
subsections (b)(3), (d)(5), (g)(3), and (h)(4)" for "Subsection
(f)(4), and so much of subsections (b)(3), (d)(5), (e)(3), (g)(3),
and (h)(4)".
Subsec. (s)(3). Pub. L. 98-21, Sec. 309(e)(3), substituted "The
last sentence" for "So much of subsections (b)(3), (d)(5), (g)(3),
and (h)(4) of this section as follows the semicolon, the last
sentence".
Pub. L. 98-21, Sec. 131(c)(2), struck out "(e)(3)," after
"(d)(5),".
Subsec. (t)(2), (4). Pub. L. 98-21, Sec. 340(b), substituted
"Subject to paragraph (11), paragraph (1)" for "Paragraph (1)".
Subsec. (t)(11). Pub. L. 98-21, Sec. 340(a)(2), added par. (11).
Subsec. (w)(1)(A). Pub. L. 98-21, Sec. 114(a), substituted a
definition of the multiplicand as the applicable percentage (as
determined under paragraph (6)) of such amount for a definition of
the multiplicand as 1/12 of 1 percent of such amount, or, in the
case of an individual who first becomes eligible for an old-age
insurance benefit after December 1978, one-quarter of 1 percent of
such amount.
Subsec. (w)(2)(A). Pub. L. 98-21, Sec. 201(c)(1)(A), substituted
reference to retirement age as defined in section 416(l) of this
title for reference to age 65.
Pub. L. 98-21, Sec. 114(c)(1), substituted "age 70" for "age 72".
Subsec. (w)(3). Pub. L. 98-21, Sec. 114(c)(1), substituted "age
70" for "age 72".
Subsec. (w)(6). Pub. L. 98-21, Sec. 114(b), added par. (6).
Subsec. (x). Pub. L. 98-21, Sec. 339(a), added subsec. (x).
1981 - Subsec. (a). Pub. L. 97-35, Sec. 2203(a), substituted in
provision following par. (3) provision specifying the beginning
month of entitlement in the case of an individual who has attained
age 65 and in the case of an individual who has attained the age of
62, but not the age of 65, for provision specifying the beginning
month of entitlement as the first month after August 1950 in which
the individual becomes entitled.
Subsec. (b)(1). Pub. L. 97-35, Sec. 2203(b)(1), substituted in
provision following subpar. (D) provision specifying the beginning
month of entitlement in the case of a wife or divorced wife who has
attained the age of 65 and in the case of a wife or divorced wife
who has not attained the age of 65 or of an individual entitled to
disability insurance benefits for provision specifying the
beginning month of entitlement as the first month the wife or
divorced wife becomes so entitled to such benefits.
Subsec. (c)(1). Pub. L. 97-35, Sec. 2203(c)(1), substituted in
provision following subpar. (C) provision specifying the beginning
month of entitlement in the case of a husband who has attained the
age of 65 and in the case of a husband who has not attained the age
of 65 or of an individual entitled to disability benefits for
provision specifying the beginning month of entitlement as the
first month after August 1950 in which he becomes entitled to
benefits.
Subsec. (d)(1). Pub. L. 97-35, Secs. 2203(d)(1), 2210(a)(1),
(5)(A), substituted in subpars. (B)(i), (E)(ii), (F)(i), and
(G)(III) "full-time elementary or secondary school student" for
"full-time student", in subpars. (B)(i), (F)(ii), and (G)(IV) "19"
for "22", and in provision following subpar. (C) provision
specifying the beginning month of entitlement in the case of a
child of an individual who has died and of a child of an individual
entitled to an old-age insurance benefit or a disability insurance
benefit for provision specifying the beginning month of entitlement
as the first month after August 1950 in which such child becomes
entitled to benefits.
Subsec. (d)(6)(A). Pub. L. 97-35, Sec. 2210(a)(5)(B), substituted
"full-time elementary or secondary school student and has not
attained the age of 19, or (ii) is under a disability (as defined
in section 423(d) of this title) and has not attained the age of
22" for "full-time student or is under a disability (as defined in
section 423(d) of this title), and (ii) had not attained the age of
22".
Subsec. (d)(6)(D), (E). Pub. L. 97-35, Sec. 2210(a)(1), (5)(A),
substituted in cl. (i) "full-time elementary or secondary school
student" for "full-time student" and in cl. (ii) "19" for "22".
Subsec. (d)(7)(A). Pub. L. 97-35, Secs. 2203(d)(2), 2210(a)(1),
(2), substituted "full-time elementary or secondary school student"
for "full-time student" wherever appearing, "elementary or
secondary school" for "educational institution" wherever appearing,
and "schools involved" for "institutions involved" and inserted
provision that an individual who is determined to be a full-time
elementary or secondary school student be deemed to be such a
student throughout the month with respect to which such
determination is made.
Subsec. (d)(7)(B). Pub. L. 97-35, Sec. 2210(a)(1), (2)(A),
substituted "full-time elementary or secondary school student" for
"full-time student" and "elementary or secondary school" for
"educational institution" wherever appearing.
Subsec. (d)(7)(C). Pub. L. 97-35, Sec. 2210(a)(3), substituted
provision defining "elementary or secondary school" and provision
that for the purpose of determining whether a child is a "full-time
elementary or secondary school student" or "intends to continue to
be in full-time attendance at an elementary or secondary school"
there be disregarded any education provided, or to be provided,
beyond grade 12 for provision defining the term "educational
institution".
Subsec. (d)(7)(D). Pub. L. 97-35, Sec. 2210(a)(1), (2)(A), (4),
(5)(A), substituted "19" for "22", "full-time elementary or
secondary school student" for "full-time student", "diploma or
equivalent certificate from a secondary school (as defined in
subparagraph (C)(i))" for "degree from a four-year college or
university", and "elementary or secondary school" for "educational
institution".
Subsec. (i). Pub. L. 97-35, Sec. 2201(f), inserted in provision
preceding par. (1) "(as determined without regard to the amendments
made by section 2201 of the Omnibus Budget Reconciliation Act of
1981, relating to repeal of the minimum benefit provisions)".
Pub. L. 97-35, Sec. 2202(a)(1), as amended by Pub. L. 98-369,
Sec. 2663(a)(2)(E), substituted in par. (1) provision that a
qualifying widow or widower be paid for provision that unpaid
burial expenses to a funeral home be paid and in par. (2) provision
for payment in the event that no one qualifies or if the person
entitled dies before receiving payment for provision for payment if
all burial expenses incurred by or through a funeral home were
paid, and struck out pars. (3) and (4), which provided for payment
if the body of the insured is not available for burial but expenses
were incurred for a memorial marker, service, etc., and for
distribution of any amounts remaining available after payments
under this subsection were made, respectively, and struck out
"(except a payment authorized pursuant to clause (1)(A) of the
preceding sentence)" after "No payment".
Subsec. (m). Pub. L. 97-35, Sec. 2201(b)(10), struck out subsec.
(m) which related to the minimum survivor's benefit.
Subsec. (q)(4). Pub. L. 97-123, Sec. 2(e)(1), substituted
"increased" and "increase" for "changed" and "change",
respectively, wherever appearing.
Pub. L. 97-35, Sec. 2201(d)(1), substituted "changed" and
"change" for "increased" and "increase", respectively, wherever
appearing.
Subsec. (q)(8). Pub. L. 97-35, Sec. 2206(b)(1), substituted
"before application of" for "after application of" and "increased
to the next higher" for "reduced to the next lower".
Subsec. (q)(10). Pub. L. 97-123, Sec. 2(e)(2), substituted
"increased", "increase", and "increases" for "changed", "change",
and "changes", respectively, wherever appearing.
Pub. L. 97-35, Sec. 2201(d)(2), substituted "changed", "change",
and "changes" for "increased", "increase" and "increases",
respectively, wherever appearing.
Subsec. (s)(1). Pub. L. 97-35, Sec. 2205(a)(1), substituted "the
age of 16" for "the age of 18".
Subsec. (w)(1), (5). Pub. L. 97-35, Sec. 2201(b)(11), substituted
"section 415(a)(1)(C)(i) of this title" for "section
415(a)(1)(C)(i)(II) of this title".
1980 - Subsec. (d)(1)(G). Pub. L. 96-265, Sec. 303(b)(1)(B),
inserted provisions relating to an individual's termination month,
including cls. (I) and (II), and redesignated existing cls. (i) and
(ii) as cls. (III) and (IV), respectively.
Subsec. (d)(7)(A). Pub. L. 96-473, Sec. 5(b), inserted provisions
relating to individuals confined in a jail, prison, or other penal
institutional or correctional facility.
Subsec. (e)(1). Pub. L. 96-265, Sec. 303(b)(1)(C), in provisions
following subpar. (F)(ii), inserted provisions relating to the
termination month.
Subsec. (e)(2)(B)(i). Pub. L. 96-473, Sec. 6(a), struck out
second comma after "where applicable", which had been inserted by
Pub. L. 95-216, Sec. 204(b). See 1977 Amendment note below.
Subsec. (f)(1). Pub. L. 96-265, Sec. 303(b)(1)(D), in provisions
following subpar. (F)(ii), inserted provisions relating to the
termination month.
Subsec. (j)(1). Pub. L. 96-499 designated existing provisions in
part as subpar. (A) and expanded such provisions and added subpar.
(B).
Subsec. (j)(2). Pub. L. 96-265, Sec. 306(a), inserted provisions
relating to limitations on the prospective effects of applications.
1978 - Subsec. (v). Pub. L. 95-600 substituted "1402(g)" for
"1402(h)".
1977 - Subsec. (b)(1)(G). Pub. L. 95-216, Sec. 337(b),
substituted "10" for "20".
Subsec. (b)(2). Pub. L. 95-216, Sec. 334(a)(1), inserted
reference to par. (4) of this subsection.
Subsec. (b)(4). Pub. L. 95-216, Sec. 334(a)(2), added par. (4).
Subsec. (c)(1). Pub. L. 95-216, Sec. 334(b)(1), in subpar. (B)
inserted "and" after "62,", struck out subpar. (C) which related to
support payment requirements for the husband, and redesignated
former subpar. (D) as (C).
Subsec. (c)(2). Pub. L. 95-216, Sec. 334(b)(2), substituted
provisions relating to reduction of the amount of the husband's
insurance benefit for each month as determined after application of
the provisions of subsecs. (q) and (k) of this section for
provisions relating to applicability of provisions of former
subsec. (c)(1)(C) of this section, as subject to subsec. (s) of
this section.
Subsec. (c)(3). Pub. L. 95-216, Sec. 334(b)(3), inserted
reference to par. (2) of this subsection.
Subsec. (e)(2)(A). Pub. L. 95-216, Secs. 204(a), 334(c)(1),
336(a)(1), inserted "(as determined after application of the
following sentence)" after "primary insurance amount", provisions
relating to entitlement of the deceased to an old-age insurance
benefit which was increased or was to be increased on account of
delayed retirement, and reference to par. (8) of this subsection,
and struck out reference to par. (4) of this subsection.
Subsec. (e)(2)(B)(i). Pub. L. 95-216, Sec. 204(b), substituted
"living and section 415(f)(5) or (6) of this title were applied,
where applicable,, and" for "living, and". See 1980 Amendment note
above.
Subsec. (e)(3). Pub. L. 95-216, Sec. 336(a)(2), substituted "If a
widow, before attaining age 60, or a surviving divorced wife," for
"In the case of a widow or surviving divorced wife who".
Subsec. (e)(4). Pub. L. 95-216, Sec. 336(a)(3), struck out
reference to an individual (other than one described in subsec.
(e)(3)(A) or (B) of this section) as the husband, and provisions
relating to benefits during the marriage.
Subsec. (e)(8). Pub. L. 95-216, Sec. 334(c)(2), added par. (8).
Subsec. (f)(1). Pub. L. 95-216, Sec. 334(d)(1), struck out
subpar. (D) which related to receipt of support by the widower in
accordance with regulations promulgated by the Secretary, and
redesignated former subpars. (E) to (G) as (D) to (F),
respectively.
Subsec. (f)(2). Pub. L. 95-216, Sec. 334(d)(2), substituted
provisions relating to reduction of the amount of the widower's
insurance benefit for each month as determined after application of
the provisions of subsecs. (k) and (q) of this section and pars.
(3)(B) and (5) of this subsec., for provisions relating to
applicability of former subsec. (f)(1)(D) of this section, as
subject to subsec. (s) of this section.
Subsec. (f)(3)(A). Pub. L. 95-216, Secs. 204(c), 334(d)(3),
336(b)(1), inserted "(as determined after application of the
following sentence)" after "primary insurance amount", inserted
provisions relating to entitlement of the deceased to an old-age
insurance benefit which was increased or was to be increased on
account of delayed retirement, and substituted reference to par.
(2) of this subsection for reference to par. (5) of this
subsection.
Subsec. (f)(3)(B). Pub. L. 95-216, Sec. 204(d), inserted
reference to section 415(f)(5) or (6) of this title in cl. (i).
Subsec. (f)(4). Pub. L. 95-216, Sec. 336(b)(2), substituted "If a
widower, before attaining age 60," for "In the case of a widower
who".
Subsec. (f)(5). Pub. L. 95-216, Sec. 336(b)(3), struck out
reference to an individual (other than one described in subsec.
(f)(4)(A) or (B) of this section) as the wife, and provisions
relating to benefits during the marriage.
Subsec. (f)(7). Pub. L. 95-216, Sec. 334(d)(4)(A), substituted
"(F)" for "(G)".
Subsec. (g)(2). Pub. L. 95-216, Sec. 334(e)(1), substituted
"Except as provided in paragraph (4) of this subsection, such" for
"Such".
Subsec. (g)(4). Pub. L. 95-216, Sec. 334(e)(2), added par. (4).
Subsec. (j)(1). Pub. L. 95-216, Sec. 332(a)(1), substituted
"Subject to the limitations contained in paragraph (4), an" for
"An".
Subsec. (j)(4). Pub. L. 95-216, Sec. 332(a)(2), added par. (4).
Subsec. (m)(1). Pub. L. 95-216, Sec. 205(a), substituted
provisions relating to entitlement to monthly benefits under this
section on the basis of primary insurance amounts computed under
section 415(a) or (d) of this title as in effect after Dec., 1978,
for provisions relating to entitlement to monthly benefits under
this section on the basis of wages and self-employment income of
deceased individuals for any month.
Subsec. (p)(1). Pub. L. 95-216, Sec. 334(d)(5), struck out
references to subsecs. (c)(1)(C) and (f)(1)(D)(i) or (ii) of this
section.
Subsec. (q)(3)(H). Pub. L. 95-216, Sec. 331(c)(2), inserted "for
that month or" after "first entitled".
Subsec. (q)(4). Pub. L. 95-216, Sec. 331(a), substituted
provisions setting forth factors for the computation of the amount
of the reduction of the benefit for each month beginning with the
month of the increase in the primary insurance amount, after
application of any adjustment under par. (7) of this subsec., for
provisions setting forth factors for the computation of the amount
of the reduction of the benefit for each month.
Subsec. (q)(7)(C). Pub. L. 95-216, Sec. 331(c)(1), substituted
"of the occurrence of an event that terminated her or his
entitlement to such benefits" for "the spouse on whose wages and
self-employment income such benefits were based ceased to be under
a disability".
Subsec. (q)(10), (11). Pub. L. 95-216, Sec. 331(b), added pars.
(10) and (11).
Subsec. (s)(3). Pub. L. 95-216, Sec. 334(d)(6), substituted "So"
for "Subsections (c)(2)(B) and (f)(2)(B) of this section, so".
Subsec. (u)(1)(C). Pub. L. 95-216, Sec. 353(f)(1), substituted
"year" for "quarter" wherever appearing.
Subsec. (w)(1). Pub. L. 95-216, Secs. 203(1), 205(b)(1),
substituted "The amount of an old-age insurance benefit (other than
a benefit based on a primary insurance amount determined under
section 415(a)(3) of this title as in effect in December 1978 or
section 415(a)(1)(C)(i)(II) of this title as in effect thereafter)
which is payable without regard to this subsection to an
individual" for "If the first month for which an old-age insurance
benefit becomes payable to an individual is not earlier than the
month in which such individual attains age 65 (or his benefit
payable at such age is not reduced under subsection (q) of this
section), the amount of the old-age insurance benefit (other than a
benefit based on a primary insurance amount determined under
section 415(a)(3) of this title) which is payable without regard to
this subsection to such individual".
Subsec. (w)(1)(A). Pub. L. 95-216, Sec. 203(2), inserted
provision relating to individuals eligible after Dec., 1978.
Subsec. (w)(5). Pub. L. 95-216, Sec. 205(b)(2), (3), inserted "as
in effect in December 1978, or section 415(a)(1)(C)(i)(II) of this
title as in effect thereafter," after "(3) of section 415(a) of
this title" and "(whether before, in, or after December 1978)"
after "under section 415(a) of this title".
1974 - Subsec. (l). Pub. L. 93-445 substituted "annuity under
section 2 of the Railroad Retirement Act of 1974, or to a lump-sum
payment under section 6(b) of such Act, with respect to the death
of an employee (as defined in such Act)" for "annuity under section
5 of the Railroad Retirement Act of 1937 or to a lump-sum payment
under subsection (f)(1) of such section with respect to the death
of an employee (as defined in such Act)".
1973 - Subsec. (d)(8)(D)(ii). Pub. L. 93-66 added item (III).
Subsec. (e)(7). Pub. L. 93-233, Sec. 1(f), added par. (7).
Subsec. (f)(8). Pub. L. 93-233, Sec. 1(g), added par. (8).
Subsec. (w)(5). Pub. L. 93-233, Sec. 18(b), added par. (5).
1972 - Subsec. (a). Pub. L. 92-603, Sec. 103(b), inserted
reference to subsection (w) of this section.
Subsec. (b)(1). Pub. L. 92-603, Sec. 114(a), struck out subpar.
(D) which covered support aspects involved with a divorced wife and
redesignated subpars. (E) through (L) and subpars. (D) through (K),
respectively.
Subsec. (d)(1). Pub. L. 92-603, Secs. 108(a)-(c), 112(a),
substituted "age of 22" for "age of eighteen" in subpar. (B)(ii),
struck out provisions covering adoption in subpar. (D), inserted
"but only if he was not under a disability (as so defined) in such
earlier month" in subpar. (F), substituted "age of 18, or if he was
not under a disability (as so defined) at such time but was under a
disability (as so defined) at or prior to the time he attained (or
would attain) the age of 22" for "age of 18" and inserted "but only
if he was not under a disability (as so defined) in such earlier
month" after "attains the age of 22" in subpar. (G), and inserted
provision prohibiting payments under par. (1) to a child who would
not meet the definition of disability in section 423(d) of this
title except for par. (1)(B) thereof for any month in which he
engages in substantial gainful activity.
Subsec. (d)(6). Pub. L. 92-603, Sec. 108(d), designated existing
provisions as subpars. (A), (C), and (D), added subpars. (B) and
(E), inserted "or is under a disability (as defined in section
423(d) of this title)" in subpar. (A)(i) as so redesignated, and
inserted "but only if he is not under a disability (as so defined)
in such earlier month" in subpar. (D)(ii) as so redesignated.
Subsec. (d)(7). Pub. L. 92-603, Sec. 109(a), added subpar. (D).
Subsec. (d)(8). Pub. L. 92-603, Sec. 111(a), combined into par.
(8) the provisions formerly set out in both pars. (8) and (9)
covering adoptions by disability and old-age insurance
beneficiaries and struck out provisions covering supervision of an
adoption by a public or private child placement agency and
provisions covering a special category of adoptions during the 24-
month period beginning with the month after the month in which the
individual most recently became entitled to disability insurance
benefits or became entitled to old-age insurance benefits.
Subsec. (d)(9). Pub. L. 92-603, Sec. 113(b), added par. (9).
Former par. (9) incorporated, as amended, into par. (8).
Subsec. (e)(1). Pub. L. 92-603, Secs. 102(a)(1), 114(b)(1),
struck out subpar. (D) which covered support aspects involved with
a surviving divorced wife and redesignated subpars. (E) through (G)
as subpars. (D) through (F), respectively, substituted "the primary
insurance amount" for "82 1/2 percent of the primary insurance
amount" in subpar. (D) and in the provisions following subpar. (F),
substituted "entitled to wife's insurance benefits," for "entitled,
after attainment of age 62, to wife's insurance benefits," in
subpar. (C)(i), inserted "and (I) has attained age 65 or (II) is
not entitled to benefits under subsection (a) of this section or
section 423 of this title," at end of subpar. (C)(i), and
substituted "age 65" for "age 62" in subpar. (C)(ii) and in
provisions following subpar. (F).
Subsec. (e)(2). Pub. L. 92-603, Sec. 102(a)(2), designated
existing provisions as subpar. (A), added subpar. (B), in subpar.
(A) as so designated inserted reference to subpar. (B) of this
par., and substituted "the primary insurance amount" for "82 1/2
percent of the primary amount".
Subsec. (e)(6). Pub. L. 92-603, Secs. 114(b)(2), 116(b),
substituted "five", "seventeenth", and "fifth" for "six",
"eighteenth", and "sixth", respectively, and "paragraph (1)(F)" for
"paragraph (1)(G)".
Subsec. (f)(1). Pub. L. 92-603, Secs. 102(b)(1), 107(a)(1), (2),
substituted "age 60" for "age 62" in subpar. (B), substituted "the
primary insurance amount" for "82 1/2 percent of the primary
insurance amount" in subpar. (E) and provisions following subpar.
(G), inserted "and (I) has attained age 65 or (II) is not entitled
to benefits under subsection (a) of this section or section 423 of
this title," at end of subpar. (C), and substituted "age 65" for
"age 62" and inserted ", if he became entitled to such benefits
before he attained age 60," before "the third month" in provisions
following subpar. (G).
Subsec. (f)(3). Pub. L. 92-603, Sec. 102(b)(2), designated
existing provisions as subpar. (A), added subpar. (B), in subpar.
(A) as so designated inserted reference to subpar. (B) of this
par., and substituted "the primary insurance amount" for "82 1/2
percent of the primary amount".
Subsec. (f)(5). Pub. L. 92-603, Sec. 107(a)(3), substituted "the
age of 60" for "the age of 62".
Subsec. (f)(6). Pub. L. 92-603, Sec. 107(a)(1), substituted "age
60" for "age 62".
Subsec. (f)(7). Pub. L. 92-603, Sec. 116(c), substituted "five",
"seventeenth", and "fifth" for "six", "eighteenth", and "sixth",
respectively.
Subsec. (g)(1)(F). Pub. L. 92-603, Sec. 114(c), struck out cl.
(i) covering the support aspects of a surviving divorced mother and
redesignated cl. (ii) and (iii) as cl. (i) and (ii), respectively.
Subsec. (k)(2)(A). Pub. L. 92-603, Sec. 110(a), inserted
provisions establishing exceptions to rule that a child's benefits
in the case where the child is entitled on more than one wage
record shall be based on wages and self-employment of the insured
individual with greatest primary insurance amount.
Subsec. (k)(3)(A). Pub. L. 92-603, Sec. 102(d), inserted
reference to subsection (e)(2) or (f)(3) of this section.
Subsec. (m). Pub. L. 92-603, Sec. 102(f), amended subsec. (m)
generally to increase the minimums on survivor's benefits.
Subsec. (q)(1). Pub. L. 92-603, Sec. 102(e)(1), generally
provided for an increase in widow's and widower's insurance
benefits through the insertion of provisions covering such benefits
in subpar. (A), and in provisions preceding subpar. (C), and
through the substitution of a 43/240 fraction in subpar. (C) for
a 43/198 fraction.
Subsec. (q)(3). Pub. L. 92-603, Sec. 102(e)(2), (5), redesignated
existing provisions of subpars. (E)(ii) and (F)(ii) as subcls. (I)
and (II) and in subcls. (I) of each such subpar. as so redesignated
substituted "would be reduced under paragraph (1) if the period
specified in paragraph (6)(A) ended with the month before the month
in which she or he attained age 62" for "was reduced for the month
in which such individual attained retirement age", substituted in
subpar. (G) "as if the period specified in paragraph (6)(A) (or, if
such paragraph does not apply, the period specified in paragraph
(6)(B)) ended with the month before" for "had such individual
attained age 62 in", and added subpar. (H).
Subsec. (q)(7). Pub. L. 92-603, Sec. 102(e)(3), divided existing
source references for "adjusted reduction period" and "additional
adjusted reduction period" into separate references to subpars. (A)
and (B) of par. (6) in the provisions preceding subpar. (A) and, in
subpar. (E), substituted "attained age 62, and also for any later
month before the month in which he attained retirement age," for
"attained retirement age".
Subsec. (q)(9). Pub. L. 92-603, Sec. 102(e)(4), struck out
provisions which had set age 62 as the meaning of "retirement age"
with respect to a widow's and widower's insurance benefits.
Subsec. (s). Pub. L. 92-603, Sec. 108(e), struck out "which began
before he attained such age" after "disability (as defined in
section 423(d) of this title)" in par. (1) and struck out "which
began before such child attained the age of 18" after "disability
(as defined in section 423(d) of this title)" in pars. (2) and (3).
Subsec. (w). Pub. L. 92-603, Sec. 103(a), added subsec. (w).
1971 - Subsec. (i)(3). Pub. L. 92-223, Sec. 1(a), added cl. (3).
Subsec. (i)(4). Pub. L. 92-223, Sec. 1(a), (b), redesignated
former cl. (3) as (4) and included reference to cl. (3) in the
second sentence.
1969 - Subsec. (b)(2). Pub. L. 91-172, Sec. 1004(a), removed $105
ceiling on insurance benefits of wives.
Subsec. (c)(3). Pub. L. 91-172, Sec. 1004(b), removed $105
ceiling on insurance benefits of husbands.
Subsec. (e)(4). Pub. L. 91-172, Sec. 1004(c), removed $105
ceiling on insurance benefits of widows.
Subsec. (f)(5). Pub. L. 91-172, Sec. 1004(c), removed $105
ceiling on insurance benefits of widowers.
1968 - Subsec. (b)(2). Pub. L. 90-248, Sec. 103(a), provided that
a wife's insurance benefit may not exceed $105.
Subsec. (c)(1). Pub. L. 90-248, Sec. 157(a)(1), substituted in
text preceding subpar. (A) "an individual" for "a currently insured
individual (as defined in section 414(b) of this title)".
Subsec. (c)(2). Pub. L. 90-248, Sec. 157(a)(2), substituted in
text preceding subpar. (A) "The provisions of subparagraph (C) of
paragraph (1) of this subsection" for "The requirement in paragraph
(1) of this subsection that the individual entitled to old-age or
disability insurance benefits be a currently insured individual,
and the provisions of subparagraph (C) of such paragraph".
Subsec. (c)(3). Pub. L. 90-248, Sec. 103(b), provided that a
husband's insurance benefit may not exceed $105.
Subsec. (d)(1)(B). Pub. L. 90-248, Sec. 158(c)(1), substituted
"section 423(d)" for "section 423(c)".
Subsec. (d)(3). Pub. L. 90-248, Sec. 151(a), inserted in first
sentence "or his mother or adopting mother" after "adopting
father", and struck out in second sentence, "if such individual is
the child's father," after "title shall".
Subsec. (d)(4). Pub. L. 90-248, Sec. 151(b), inserted, "or
stepmother" after "stepfather" in two places.
Subsec. (d)(5) to (8). Pub. L. 90-248, Sec. 151(c), struck out
former par. (5) which provided that (1) a child is deemed dependent
on his mother or adopting mother if she is currently insured, and
(2) a child is deemed dependent on a mother who is not currently
insured only if she is contributing one-half of the child's support
or, if the child is not living with his father nor being supported
by him, only if she is then living with or supporting the child,
and redesignated former pars. (6) to (9) as (5) to (8),
respectively.
Subsec. (d)(8). Pub. L. 90-248, Secs. 112(a), 151(c), added
subpar. (E) and redesignated former par. (9) as (8), respectively.
Former par. (8) redesignated (7).
Subsec. (d)(9). Pub. L. 90-248, Sec. 151(c), (d)(1), redesignated
former par. (10) as (9) and substituted "paragraph (8)" for
"paragraph (9)". Former par. (9) redesignated (8).
Subsec. (d)(10). Pub. L. 90-248, Sec. 151(c), redesignated former
par. (10) as (9).
Subsec. (e)(1). Pub. L. 90-248, Sec. 104(a)(2), set out part of
text formerly following subpar. (E) after subpar. (G) and inserted
therein: "or, if she became entitled to such benefits before she
attained age 60, the third month following the month in which her
disability ceases (unless she attains age 62 on or before the last
day of such third month)".
Subsec. (e)(1)(B). Pub. L. 90-248, Sec. 104(a)(1), provided that
a widow or surviving divorced wife may become entitled to widow's
insurance benefits if she is disabled and her disability began
within the period specified in subsec. (e)(5) even though she has
not attained age 60.
Subsec. (e)(1)(F). Pub. L. 90-248, Sec. 104(a)(2), designated
part of material formerly following subpar. (E) as subpar. (F) and
inserted provision requiring satisfaction with subpar. (B) clause
(i).
Subsec. (e)(1)(G). Pub. L. 90-248, Sec. 104(a)(2), added subpar.
(G).
Subsec. (e)(4). Pub. L. 90-248, Sec. 103(c), provided that a
remarried widow's insurance benefit may not exceed $105.
Subsec. (e)(5), (6). Pub. L. 90-248, Sec. 104(a)(3), added pars.
(5) and (6).
Subsec. (f)(1). Pub. L. 90-248, Sec. 157(b)(1), struck out in
text preceding subpar. (A) "and currently" before "insured
individual" and in cl. (ii) of subpar. (D) ", and she was a
currently insured individual," after "from such individual".
Subsec. (f)(1)(B). Pub. L. 90-248, Sec. 104(b)(1), provided that
a dependent widower may become entitled to widower's insurance
benefits if he is disabled and his disability began within the
specified period even though such individual has not attained age
62.
Subsec. (f)(1). Pub. L. 90-248, Sec. 104(b)(2), set out part of
text formerly following subpar. (E) after subpar. (G) and inserted:
"or the third month following the month in which his disability
ceases (unless he attains age 62 on or before the last day of such
third month)".
Subsec. (f)(1)(F). Pub. L. 90-248, Sec. 104(b)(2), designated
part of text formerly following subpar. (F) as subpar. (F) and
inserted provision requiring satisfaction with subpar. (B) clause
(i).
Subsec. (f)(1)(G). Pub. L. 90-248, Sec. 104(b)(2), added subpar.
(G).
Subsec. (f)(2). Pub. L. 90-248, Sec. 157(b)(2), substituted in
text preceding subpar. (A) "The provisions of subparagraph (D) of
paragraph (1) of this subsection" for "The requirement in paragraph
(1) of this subsection that the deceased fully insured individual
also be a currently insured individual, and the provisions of
subparagraph (D) of such paragraph,".
Subsec. (f)(3). Pub. L. 90-248, Sec. 104(b)(3), inserted
reference to subsec. (q).
Subsec. (f)(5). Pub. L. 90-248, Sec. 103(d), provided that a
remarried widower's insurance benefit may not exceed $105.
Subsec. (f)(6), (7). Pub. L. 90-248, Sec. 104(b)(4), added pars.
(6) and (7).
Subsec. (q). Pub. L. 90-248, Sec. 104(c)(1), substituted
"Reduction of benefit amounts for certain beneficiaries" for
"Reduction of old-age, disability, wife's, husband's, or widow's
insurance benefit amounts" in heading.
Subsec. (q)(1). Pub. L. 90-248, Sec. 104(c)(2)-(4), substituted
"widow's, or widower's" for "or widow's" in text preceding subpar.
(A), ", widow's, or widower's" for "or widow's" in subpar. (A), and
added subpar. (C) and (D) provisions for further reduction of a
widow's or widower's insurance benefit.
Subsec. (q)(3)(A). Pub. L. 90-248, Sec. 104(c)(5), substituted
"widow's, or widower's" for "or widow's" wherever appearing, "50"
for "60", and inserted "or widower's" after "(in the case of a
widow's)".
Subsec. (q)(3)(C). Pub. L. 90-248, Sec. 104(c)(6), substituted
"widow's, or widower's" for "or widow's" wherever appearing.
Subsec. (q)(3)(D). Pub. L. 90-248, Sec. 104(c)(7), substituted
"widow's, or widower's" for "or widow's".
Subsec. (q)(3)(E). Pub. L. 90-248, Sec. 104(c)(8), inserted "in
the case of a widow or surviving divorced wife or subsection (f)(1)
in the case of a widower" after "(e)(1) of this section", and "or
he" after "she", and substituted "widow's or widower's" for
"widow's" wherever appearing.
Subsec. (q)(3)(F). Pub. L. 90-248, Sec. 104(c)(9), inserted "in
the case of a widow or surviving divorced wife or subsection (f)(1)
in the case of a widower" after "(e)(1) of this section", and "or
he" after "she", and substituted "widow's or widower's" for
"widow's".
Subsec. (q)(3)(G). Pub. L. 90-248, Sec. 104(c)(10), inserted "in
the case of a widow or surviving divorced wife or subsection (f)(1)
in the case of a widower" before "(e)(1) of this section", and "she
or" before "he", and substituted "widow's or widower's" for
"widow's" wherever appearing.
Subsec. (q)(6). Pub. L. 90-248, Sec. 104(c)(11), extended
definition of "reduction period" to apply to widower's insurance
benefit, inserted second alternative in subpar. (A)(i)(III) that
the reduction period for a widow's or widower's insurance benefit
begins with the "first day of the month in which such individual
attains age 60, whichever is the later", substituted paragraph
"(5)" for "(4)" in item (II) of subpar. (A)(i), and added subpar.
(B).
Subsec. (q)(7). Pub. L. 90-248, Sec. 104(c)(12), in text
preceding subpar. (A), inserted "or 'additional adjusted reduction
period' " after "the 'adjusted reduction period' ", "or additional
reduction period (as the case may be)" after "the reduction
period", and substituted "widow's, or widower's" for "or widow's",
and in subpar. (E) substituted "widow's or widower's", "she or he",
and "her or his" for "widow's", "she", and "her", respectively.
Subsec. (q)(9). Pub. L. 90-248, Sec. 104(c)(13), inserted
reference to widowers.
Subsec. (s). Pub. L. 90-248, Sec. 158(c)(2), substituted "section
423(d)" for "section 423(c)" in pars. (1) to (3).
Subsec. (s)(2), (3). Pub. L. 90-248, Sec. 151(d)(2), substituted
"(d)(5)" for "(d)(6)" in pars. (2), (3).
Subsec. (t)(1). Pub. L. 90-248, Sec. 162(a)(1), provided that
"For purposes of the preceding sentence, after an individual has
been outside the United States for any period of thirty consecutive
days he shall be treated as remaining outside the United States
until he has been in the United States for a period of thirty
consecutive days."
Subsec. (t)(4). Pub. L. 90-248, Sec. 162(b)(1), provided for
exception to application of subpars. (A) and (B) of par. (4).
Subsec. (t)(6). Pub. L. 90-248, Sec. 162(c)(2), included
reference to par. (10).
Subsec. (t)(10). Pub. L. 90-248, Sec. 162(c)(1), added par. (10).
1965 - Subsec. (b)(1). Pub. L. 89-97, Sec. 308(a), made
provisions applicable to divorced wife by inclusion of references
to divorced wife in provisions preceding subpar. (A), substituted
"such individual" for "her husband" in subpars. (B), (E), (G), (J)
to (L); inserted in subpar. (B) "(in the case of a wife)" after
"age 62 or"; added subpars. (C) and (D); redesignated former
subpar. (C) as (E); in provisions after subpar. (E), inserted
"(subject to subsection (s) of this section)" and struck out "after
August 1950" after "beginning with the first month"; designated
existing provisions as subpars. (F), (G), (J) to (L); and
substituted provisions designated as subpars. (H) and (I) for
former provisions reading "they are divorced from vinculo
matrimonii".
Subsec. (b)(2). Pub. L. 89-97, Sec. 308(a), inserted "(or, in the
case of a divorced wife, her former husband)".
Subsec. (b)(3). Pub. L. 89-97, Sec. 308(a), added par. (3).
Subsec. (c)(1). Pub. L. 89-97, Sec. 308(d)(1), substituted
"divorced" for "divorced a vinculo matrimonii" in provisions
following subpar. (D).
Subsec. (c)(2). Pub. L. 89-97, Secs. 306(c)(2), 334(e), inserted
in text preceding subpar. (A) "(subject to subsection (s) of this
section)" after "shall", and added subpar. (C).
Subsec. (d)(1). Pub. L. 89-97, Secs. 306(a), (b)(1), (2),
323(a)(1), 343(a), inserted in subpar. (B)(i) and (ii) "or was a
full-time student and had not attained the age of 22" and "which
began before he attained the age of 22", respectively, and
substituted "is" for "was" in cl. (ii) substituted "preceding
whichever of the following first occurs" for "preceding the first
month in which any of the following occurs" following provisions of
subpar. (C), incorporated existing provisions in subpar. (D) and
(E), substituting in such subpar. (E) "but only if he (i) is not
under a disability (as so defined) at the time he attains such age,
and (ii) is not a full-time student during any part of such month"
for former provision and is not under a disability (as defined in
section 423(c) of this title), which began before he attained such
age", added subpars. (F) and (G), and repealed the second sentence
which provided for the termination of entitlement of any child to
benefits under this subsection with the month preceding the third
month following the month in which he ceases to be under a
disability after the month in which he attains age eighteen; struck
out the last sentence which related to adoptions by disabled
workers; and substituted "uncle, brother, or sister" for "or uncle"
in subpar. (D), respectively.
Subsec. (d)(3). Pub. L. 89-97, Sec. 339(b), inserted "or section
416(h)(3)" after "section 416(h)(2)(B)".
Subsec. (d)(6). Pub. L. 89-97, Sec. 306(c)(3), inserted in text
following subpar. (B) "but subject to subsection (s) of this
section" after "notwithstanding the provisions of paragraph (1) of
this subsection".
Subsec. (d)(6)(A). Pub. L. 89-97, Sec. 308(d)(2)(A), inserted
reference to subsec. (b) of this section.
Subsec. (d)(7), (8). Pub. L. 89-97, Sec. 306(b)(3), added pars.
(7) and (8).
Subsec. (d)(9), (10). Pub. L. 89-97, Sec. 323(a)(2), added pars.
(9) and (10).
Subsec. (e)(1). Pub. L. 89-97, Secs. 307(a)(1), 308(b)(1),
substituted "age 60" for "age 62" in subpar. (B); and inserted
references to surviving divorced wife in the provisions preceding
subpar. (A), substituted in subpar. (A) "is not married" for "has
not remarried", added subpar. (D), redesignated former subpar. (D)
as (E) substituted in subpar. (E) and following provision "such
deceased individual" "her deceased husband", and struck out from
provisions following subpar. (E) "after August 1950" after
"beginning with the first month", respectively.
Subsec. (e)(2). Pub. L. 89-97, Secs. 307(a)(2), 308(b)(1),
333(a)(2), inserted introductory phrase "Except as provided in
subsection (q) of this section"; substituted "such deceased
individual" for "her deceased husband"; and inserted "and paragraph
(4) of this subsection" before the comma, respectively.
Subsec. (e)(3). Pub. L. 89-97, Secs. 306(c)(4), 308(b) (2), (3),
inserted "but subject to subsection (s) of this section" after
"notwithstanding the provisions of paragraph (1)" following subpar.
(B); repealed former par. (3) which provided for reinstatement of
benefits to a widow if she married a person who died within one
year and was not a fully insured individual; and redesignated
former par. (4) as (3), and substituted "widow or surviving
divorced wife" and "widow's or surviving divorced wife's" for
"widow" and "widow's", respectively.
Subsec. (e)(4). Pub. L. 89-97, Sec. 333(a)(1), added par. (4).
Former par. (4) redesignated (3).
Subsec. (f)(2). Pub. L. 89-97, Secs. 306(c)(5), 334(f), inserted
in text preceding subpar. (A) "(subject to subsection (s) of this
section)" after "shall", and added subpar. (C).
Subsec. (f)(3). Pub. L. 89-97, Sec. 333(b)(2), substituted
"Except as provided in paragraph (5), such" for "Such".
Subsec. (f)(4). Pub. L. 89-97, Sec. 306(c)(6), inserted in text
following subpar. (B) "but subject to subsection (s) of this
section" after "notwithstanding the provisions of paragraph (1) of
this subsection".
Subsec. (f)(4)(A). Pub. L. 89-97, Sec. 308(d)(2)(A), inserted
reference to subsec. (b) of this section.
Subsec. (f)(5). Pub. L. 89-97, Sec. 333(b)(1), added par. (5).
Subsec. (g)(1). Pub. L. 89-97, Secs. 306(c)(7), 308(d) (3)-(5),
inserted "(subject to subsection (s) of this section)" after
"shall" in provisions following subpar. (F); substituted in subpar.
(A) "is not married" for "has not remarried"; in subpar. (F),
substituted "surviving divorced mother" for "former wife divorced",
incorporated existing provisions in cls. (i) (other than (I) to
(III)), (ii), and (iii), and substituted provisions of cl. (i)(I)
to (III) for receipt of one-half of support under administrative
regulations and substantial contributions pursuant to written
agreement or court order for former provision for receipt of one-
half of support pursuant to agreements or court order; and
substituted "surviving divorced mother" for "former wife divorced"
twice in provisions before subpar. (A) and thrice in provisions
following subpar. (F), respectively.
Subsec. (g)(3). Pub. L. 89-97, Secs. 306(c)(8), 308(d)(5), (13),
inserted "but subject to subsection (s) of this section" after
"notwithstanding the provisions of paragraph (1)" following subpar.
(B), substituted "surviving divorced mother" for "former wife
divorced" in two places, and redesignated former par. (4) as (3),
respectively. Pub. L. 89-97, Sec. 308(d)(12), repealed former par.
(3) which had provided that:
"In the case of any widow or former wife divorced of an
individual -
"(A) who marries another individual, and
"(B) whose marriage to the individual referred to in
subparagraph (A) is terminated by his death but she is not, and
upon filing application therefor in the month in which he died
would not be, entitled to benefits for such month on the basis of
his wages and self-employment income,
the marriage to the individual referred to in clause (A) shall, for
purpose of paragraph (1), be deemed not to have occurred. No
benefits shall be payable under this subsection by reason of the
preceding sentence for any month prior to whichever of the
following is the latest: (i) the month in which the death referred
to in subparagraph (B) of the preceding sentence occurs, (ii) the
twelfth month before the month in which such widow or former wife
divorced files application for purposes of this paragraph or (ii)
September 1958."
Subsec. (g)(4). Pub. L. 89-97, Sec. 308(d)(13), redesignated
former par. (4) as (3).
Subsec. (h)(4). Pub. L. 89-97, Sec. 306(c)(9), inserted in text
following subpar. (B) "but subject to subsection (s) of this
section" after "notwithstanding the provisions of paragraph (1) of
this subsection".
Subsec. (h)(4)(A). Pub. L. 89-97, Sec. 308(d)(2)(A), inserted
reference to subsec. (b) of this section.
Subsec. (j)(1). Pub. L. 89-97, Sec. 303(d), inserted "under this
subchapter" after "any benefit".
Subsec. (j)(2). Pub. L. 89-97, Sec. 328(a), provided that an
application for monthly benefits filed before the first month in
which the applicant satisfies the requirements for such benefits
shall be deemed a valid application only if the applicant satisfies
the requirements for such benefits before the Secretary makes a
final decision on the application and that the application shall be
deemed to have been filed in the first month if the applicant is
found to satisfy the requirements for entitlement.
Subsec. (k)(2)(B). Pub. L. 89-97, Sec. 333(c)(1), inserted
"(other than an individual to whom subsection (e)(4) or (f)(5) of
this section applies)" after "Any individual" and inserted
provision limiting to the largest of such benefits any individual
who is entitled for any month to more than one widow's or widower's
benefits to which subsections (e)(4) or (f)(5) of this section
applies.
Subsec. (k)(3). Pub. L. 89-97, Sec. 333(c)(2), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (k)(4). Pub. L. 89-97, Sec. 304(a), added par. (4).
Subsec. (p). Pub. L. 89-97, Sec. 324(a), removed the 2-year limit
on the allowed extension during which, for good cause shown,
applications or proof may be filed and still be deemed filed within
the prescribed period for filing applications or proof.
Subsec. (q). Pub. L. 89-97, Sec. 304(b), substituted "Reduction
of old-age, disability, wife's, husband's, or widow's insurance
benefit amounts" for "Adjustment of old-age, wife's or husband's
insurance benefit amounts in accordance with age of beneficiary" in
heading.
Subsec. (q)(1). Pub. L. 89-97, Sec. 307(b)(1), made provisions
preceding subpar. (A) and the 5/9 of 1 percent reduction in
subpar. (A) applicable to widow's insurance benefit, substituted
"retirement age" for "age 65" in provisions preceding subpar. (A)
and subpar. (B)(i) and (ii), substituted "(6)" and "(7)" for "(5)"
and "(6)" in subpar. (B)(i) and (ii) and "any month" for "any other
month" in subpar. (B)(ii).
Subsec. (q)(2). Pub. L. 89-97, Sec. 304(c), added par. (2) and
redesignated former par. (2) as (3).
Subsec. (q)(3)(A). Pub. L. 89-97, Secs. 304(c), 307(b)(2),
redesignated former par. (2) as (3), and made provisions of subpar.
(A) applicable to widow's insurance benefit and inserted "(in the
case of a wife's or husband's insurance benefit) or age 60 (in the
case of a widow's insurance benefit)" after "age 62", respectively.
Former par. (3) redesignated (4).
Subsec. (q)(3)(B). Pub. L. 89-97, Sec. 304(c), (d), redesignated
former par. (2) as (3), and substituted "benefit and is not
entitled to a disability insurance benefit" for "benefit" the first
time it appeared and inserted in cls. (i) and (ii) "for such month"
after "paragraph (1)", respectively. Former par. (3) redesignated
(4).
Subsec. (q)(3)(C). Pub. L. 89-97, Sec. 304(c), (e), redesignated
former par. (2) as (3), and made provisions of subpar. (C)
applicable to widow's insurance benefit, inserted cl. (i),
incorporated existing provisions in cl. (ii), and inserted in such
cl. (ii) "for such month" and "(before reduction under this
subsection)" after "disability insurance benefit", respectively.
Former par. (3) redesignated (4).
Subsec. (q)(3)(D), (E). Pub. L. 89-97, Secs. 304(c), 307(b), (3),
(4), redesignated former par. (2) as (3), made provisions of
subpar. (D) applicable to widow's insurance benefit, and added
subpar. (E), respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(F), (G). Pub. L. 89-97, Sec. 304(c), (f),
redesignated former par. (2) as (3) and added subpars. (F) and (G),
respectively. Former par. (3) redesignated (4).
Subsec. (q)(4). Pub. L. 89-97, Sec. 304(c), (g), redesignated
former par. (3) as (4) and renumbered in text following subpar. (B)
cross references to par. (2) as (3) in three places, and
substituted in subpar. (A) "under paragraph (1) or (3) of this
subsection" for "under this subsection", respectively. Former par.
(4) redesignated (5).
Subsec. (q)(5)(D). Pub. L. 89-97, Secs. 304(c), 307(b)(5),
redesignated former par. (4) as (5) and added subpar. (D),
respectively. Former par. (5) redesignated (6).
Subsec. (q)(6). Pub. L. 89-97, Secs. 304(c), 307(b)(6),
redesignated former par. (5) as (6) and renumbered in subpar.
(A)(ii) cross reference to par. (4) as (5), and made provisions
preceding subpar. (A) and provisions of subpar. (A)(i) applicable
to widow's insurance benefit and substituted in subpar. (B)
"retirement age" for "age 65", respectively. Former par. (6)
redesignated (7).
Subsec. (q)(7). Pub. L. 89-97, Secs. 304(c), (h), 307(b)(7),
redesignated former par. (6) as (7) and renumbered in text
preceding subpar. (A) cross reference to par. (5) as (6), added
subpar. (F), and made provisions preceding subpar. (A) applicable
to widow's insurance benefit and added subpars. (D), (E),
respectively. Former par. (7), redesignated (8).
Subsec. (q)(8). Pub. L. 89-97, Sec. 304(c), (i), redesignated
former par. (7) and (8) and renumbered cross reference to par. (2)
as (3), and substituted "(1), (2)," for "(1)", respectively.
Subsec. (q)(9). Pub. L. 89-97, Sec. 307(b)(8), added par. (9).
Subsec. (r)(2). Pub. L. 89-97, Sec. 304(j), inserted "(but for
subsection (k)(4) of this section)" after "eligible".
Subsec. (s). Pub. L. 89-97, Sec. 306(c)(1), added subsec. (s).
Subsec. (t)(9). Pub. L. 89-97, Sec. 104(a)(1), added par. (9).
Subsec. (u). Pub. L. 89-97, Sec. 104(a)(2), inserted "in
determining whether such individual is entitled to insurance
benefits under part A of subchapter XVII of this chapter for any
such month,".
Subsec. (v). Pub. L. 89-97, Sec. 319(d), added subsec. (v).
1961 - Subsec. (a)(2). Pub. L. 87-64, Sec. 102(a), substituted
"has attained age 62" for "has attained retirement age (as defined
in section 416(a) of this title)".
Subsec. (b)(1). Pub. L. 87-64, Sec. 102(a), (e), (1), (2),
substituted "age 62" for "retirement age" in two places, "less than
one-half of the primary insurance amount of her husband" for "less
than one-half of an old-age or disability insurance benefit of her
husband", and "equal to or exceeds one-half of the primary
insurance amount of her husband" for "equal to or exceeds one-half
of an old-age or disability insurance benefit of her husband".
Subsec. (b)(2). Pub. L. 87-64, Sec. 102(e)(3), substituted
"primary insurance amount" for "old-age or disability insurance
benefit."
Subsec. (c)(1). Pub. L. 87-64, Sec. 102(a), (e), (4), (5),
substituted "has attained age 62" for "has attained retirement age"
in cl. (B), "based on a primary insurance amount which is less than
one-half" for "each of which is less than one-half" in cl. (D), and
"based on a primary insurance amount which is equal to or exceeds
one-half" for "equal to or exceeding one-half" in closing
provisions.
Subsec. (c)(2)(A). Pub. L. 87-64, Sec. 102(a), substituted
"attainment of age 62" for "attainment of retirement age".
Subsec. (c)(3). Pub. L. 87-64, Sec. 102(e)(6), substituted
"Except as provided in subsection (q) of this section, such" for
"Such".
Subsec. (e)(1). Pub. L. 87-64, Secs. 102(a), 104(d)(1),
substituted "has attained age 62" for "has attained retirement age"
in subpar. (B), "attainment of age 62" for "attainment of
retirement age" and "attained age 62" for "attained retirement age"
in subpar. (C), and "82 1/2 percent" for "three-fourths" in
subpar. (D) and in closing provisions.
Subsec. (e)(2). Pub. L. 87-64, Sec. 104(a), substituted "82 1/2
percent" for "three-fourths".
Subsec. (f)(1). Pub. L. 87-64, Secs. 102(a), 104(d)(1),
substituted "has attained age 62" for "has attained retirement age"
in subpar. (B), and "82 1/2 percent" for "three-fourths" in
subpar. (E) and in closing provisions.
Subsec. (f)(2)(A). Pub. L. 87-64, Sec. 102(a), substituted
"attainment of age 62" for "attainment of retirement age".
Subsec. (f)(3). Pub. L. 87-64, Sec. 104(b), substituted "82 1/2
percent" for "three-fourths".
Subsec. (h)(1). Pub. L. 87-64, Secs. 102(a), 104(d)(2),
substituted "has attained age 62" for "has attained retirement age"
in subpar. (A), and "82 1/2 percent of the primary insurance
amount of such deceased individual if the amount of the parent's
insurance benefit for such month is determinable under paragraph
(2)(A) (or 75 percent of such primary insurance amount in any other
case)" for "three-fourths of the primary insurance amount of such
deceased individual" in subpar. (D) and in closing provisions.
Subsec. (h)(2). Pub. L. 87-64, Sec. 104(c), designated existing
provisions as subpar. (A), increased the benefit from three-fourths
to 82 1/2 percent of the primary insurance amount, and added
subpars. (B) and (C).
Subsec. (j). Pub. L. 87-64, Sec. 102(b)(3), extended provisions
which formerly authorized waiver of old-age benefits or wife's
benefits by a woman to permit waiver of any benefit by any
individual.
Subsec. (q). Pub. L. 87-64, Sec. 102(b)(1), among other changes,
authorized adjustment of the old-age insurance benefits for men and
of the husband's insurance benefits for months prior to the month
in which the individual attains age 65, simplified the formula for
reducing benefits, and, in cases where an individual is entitled to
a reduced benefit and such benefit is increased by reason of an
increase in the primary insurance amount, required separate
computation of the increase for and after the first month for which
such increase is effective.
Subsec. (r). Pub. L. 87-64, Sec. 102(b)(1), extended application
of the subsection to men, and provided in cases where an individual
is entitled to a disability insurance benefit for the same month
for which an application for a reduced wife's or husband's
insurance benefit is effective, that the individual will be deemed
to have filed an application for old-age insurance benefit in the
first subsequent month for which the individual is not entitled to
a disability insurance benefit.
Subsec. (s). Pub. L. 87-64, Sec. 102(b)(2)(A), repealed subsec.
(s) which related to female disability insurance beneficiaries.
1960 - Subsec. (d)(1). Pub. L. 86-778, Secs. 201(a), (b), 205(a),
403(d), among other changes, struck out "after 1939" after "fully
or currently insured individual" in opening clause, substituted "a
period of disability which continued until he became entitled to
old-age or disability insurance benefits, or (if he has died) until
the month of his death, at the beginning of such period of
disability or at the time he became entitled to such benefits" for
"a period of disability which did not end prior to the month in
which he became entitled to old-age or disability insurance
benefits or (if he has died) prior to the month in which he died,
at the beginning of such period or at the time he became entitled
to such benefits or died)" in subpar. (C), and inserted provisions
making subpar. (C)(1) inapplicable, in the case of an individual
entitled to disability insurance benefits, to a child of such
individual unless he is the natural child or stepchild of such
individual (including such a child who was legally adopted by such
individual) or was legally adopted by such individual before the
end of the 24-month period beginning with the month after the month
in which such individual most recently became entitled to
disability insurance benefits, and substituted provisions
authorizing the payment of benefits until the month preceding the
third month following the month in which a child ceases to be under
a disability (as so defined) after the month in which he attains
age 18 for provisions which authorized payment of benefits until
the child ceases to be under a disability (as so defined) on or
after the day on which he attains age 18.
Subsec. (d)(2). Pub. L. 86-778, Sec. 301(a), struck out
provisions which required each child's insurance benefit, if there
is more than one child entitled to benefits on the basis of an
individual's wages and self-employment income, to be equal to the
sum of (A) one-half of the primary insurance amount of the
individual, and (B) one-fourth of the primary insurance amount
divided by the number of such children.
Subsec. (d)(3). Pub. L. 86-778, Secs. 202(a), 208(d), inserted
provisions requiring that for purposes of such paragraph, a child
deemed to be a child of a fully or currently insured individual
pursuant to section 416(h)(2)(B) of this title, shall, if such
individual is the child's father, be deemed to be the legitimate
child of such individual, and struck out subpar. (C) which related
to a child living with and receiving more than one-half of his
support from his stepfather.
Subsec. (e)(1). Pub. L. 86-778, Sec. 205(a), struck out "after
1939" after "died a fully insured individual" in opening clause.
Subsec. (f)(1). Pub. L. 86-778, Sec. 205(b), struck out "after
August 1950" after "died a fully and currently insured individual"
in opening clause.
Subsecs. (g)(1), (h)(1). Pub. L. 86-778, Sec. 205(a), struck out
"after 1939" after "died a fully or currently insured individual"
in opening clause.
Subsec. (i). Pub. L. 86-778, Secs. 103(a), (j)(2)(C), 203(a),
amended second and third sentences to require payment to the
funeral home to the extent of the unpaid expenses if all or part of
the burial expenses remain unpaid, and to prescribe the manner of
payment of any balance that may remain after the funeral home and
the persons equitably entitled thereto have received payment, and
substituted "the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, or American Samoa" for "Puerto Rico, or the Virgin Islands",
"section 410(l)(1) of this title" for "section 410(m)(1) of this
title", and "is returned to any State" for "is returned to any of
such States, or the District of Columbia".
Pub. L. 86-624 substituted "fifty States" for "forty-nine
States".
Subsec. (n). Pub. L. 86-778, Sec. 211(i), substituted "Section
403(b), (c), and (d) of this title" for "Section 403 (b) and (c) of
this title" in last sentence of cl. (1).
Subsec. (q)(5). Pub. L. 86-778, Sec. 211(j), substituted "under
section 403(b) of this title or paragraph (1) of section 403(c) of
this title" for "under paragraph (1) or (2) of section 403(b) of
this title" in cl. (A), and "section 403(b), under section
403(c)(1), under section 403(d)(1), or under section 422(b) of this
title" for "paragraph (1) or (2) of section 403(b) of this title,
under section 403(c) of this title, or under section 422(b) of this
title" in cl. (B).
Subsec. (q)(6). Pub. L. 86-778, Sec. 211(k), substituted "section
403(b), under section 403(c)(1), under section 403(d)(1), or under
section 422(b) of this title" for "section 403(b) (1) or (2), under
section 403(c), or under section 422(b) of this title" in cl. (A),
and "under section 403(b) of this title or paragraph (1) of section
403(c) of this title" for "under paragraph (1) or (2) of section
403(b) of this title" in cl. (D).
Subsec. (t)(4)(D). Pub. L. 86-778, Sec. 103(j)(2)(D), substituted
"section 410(l)(2)" for "section 410(m)(2)", "section 410(l)(3)"
for "section 410(m)(3)", and "section 410(m)" for "section 410(n)",
wherever appearing.
Subsec. (t)(7). Pub. L. 86-778, Sec. 211(l), substituted
"Subsections (b), (c), and (d) of section 403 of this title" for
"Subsections (b) and (c) of section 403 of this title".
1959 - Subsec. (i). Pub. L. 86-70 substituted "forty-nine States"
for "forty-eight States".
1958 - Subsec. (b). Pub. L. 85-840, Sec. 205(b), substituted "old-
age or disability insurance" for "old-age insurance" in seven
places, and inserted provisions terminating the wife's insurance
benefit the month preceding the first month in which her husband is
not entitled to disability insurance benefits and is not entitled
to old-age insurance benefits.
Subsec. (c)(1). Pub. L. 85-840, Sec. 205(c), substituted "old-age
or disability insurance" for "old-age insurance" wherever
appearing, inserted provisions in subpar. (C) entitling the husband
to an insurance benefit if he was receiving at least one-half of
his support from the individual if she had a period of disability
which did not end prior to the month in which she became entitled
to old-age or disability insurance benefits, at the beginning of
such period or at the time she became entitled to such benefits
provided he filed proof of such support within two years after the
month in which she filed application with respect to such period of
disability or after the month in which she became entitled to such
benefits, and inserted provisions terminating the husband's
insurance benefit the month preceding the first month in which his
wife is not entitled to disability insurance benefits and is not
entitled to old-age insurance benefits.
Subsec. (c)(2), (3). Pub. L. 85-840, Sec. 301(a)(1), added par.
(2) and redesignated former par. (2) as (3).
Subsec. (d)(1). Pub. L. 85-840, Sec. 205(d), inserted provisions
entitling the child of an individual entitled to disability
insurance benefits to insurance benefits if the child was dependent
upon such individual if such individual had a period of disability
which did not end prior to the month in which he became entitled to
old-age or disability insurance benefits or (if he has died) prior
to the month in which he died, at the beginning of such period or
at the time he became entitled to such benefits or died, and
providing that the benefits to a child of a disability insurance
beneficiary shall cease with the month before the first month for
which the individual is not entitled to such benefits unless such
individual is, for such later month, entitled to old-age insurance
benefits or unless he dies in such month.
Subsec. (d)(3) to (5). Pub. L. 85-840, Sec. 306(a), struck out
"who has not attained the age of eighteen" after "A child" wherever
appearing.
Subsec. (d)(6). Pub. L. 85-840, Sec. 307(a), added par. (6), and
Pub. L. 85-840, Sec. 306(a), repealed former par. (6), which
related to dependency of a child who has attained the age of
eighteen and who is under a disability which began before he
attained the age of eighteen.
Subsec. (e)(3)(B). Pub. L. 85-840, Sec. 301(b)(1), substituted
"which occurs within one year after such marriage and he did not
die a fully insured individual" for "but she is not his widow (as
defined in section 416(c) of this title)".
Subsec. (e)(4). Pub. L. 85-840, Sec. 307(b), added par. (4).
Subsec. (f)(1)(D). Pub. L. 85-840, Sec. 205(e), inserted
provisions entitling a widower to an insurance benefit if he was
receiving at least one-half of his support from the individual, if
the individual had a period of disability which did not end prior
to the month in which she died, at the time such period began, or
at the time of her death, or at the time she became entitled to old-
age or disability insurance benefits, and he filed proof of such
support within two years after the month in which she filed
application with respect to the period of disability or two years
after the date of her entitlement to old-age or disability
insurance benefits or her death.
Subsec. (f)(2), (3). Pub. L. 85-840, Sec. 301(c)(1), added par.
(2) and redesignated former par. (2) as (3).
Subsec. (f)(4). Pub. L. 85-840, Sec. 307(c), added par. (4).
Subsec. (g)(1)(F). Pub. L. 85-840, Sec. 205(f), inserted
provisions entitling a former wife divorced to an insurance
benefit, if she was receiving at least one-half of her support from
an individual, if the individual had a period of disability which
did not end prior to the month in which he died, at the time such
period began or at the time of his death.
Subsec. (g)(3). Pub. L. 85-840, Sec. 303(a), added par. (3).
Another par. (3), which was added by Pub. L. 85-798, was repealed
by Pub. L. 85-840, Sec. 303(b), effective with respect to benefits
payable for any month following August 1958.
Subsec. (g)(4). Pub. L. 85-840, Sec. 307(d), added par. (4).
Subsec. (h)(1). Pub. L. 85-840, Sec. 304(a)(1), struck out from
opening clause provisions which prevented payment of a parent's
benefit if the deceased individual left a widow who met the
conditions in subsec. (e)(1)(D) of this section, a widower who met
the conditions in subsec. (f)(1)(D) of this section, an unmarried
child under the age of eighteen deemed dependent on such individual
under subsec. (d)(3), (4), or (5) of this section, or an unmarried
child who had attained the age of eighteen and was under a
disability which began before he attained such age and who is
deemed dependent on such individual under subsec. (d)(6) of this
section.
Subsec. (h)(1)(B). Pub. L. 85-840, Sec. 205(g), inserted
provisions entitling a parent to an insurance benefit if the parent
was receiving at least one-half of his support from the individual,
if the individual had a period of disability which did not end
prior to the month in which he died, at the time such period began
or at the time of such death, and the parent filed proof of such
support within two years after the month in which the individual
filed application with respect to such period of disability or two
years after the date of such death.
Subsec. (h)(4). Pub. L. 85-840, Sec. 307(e), added par. (4).
Subsec. (i). Pub. L. 85-840, Sec. 305(a), required a widow or
widower to be living in the same household with the deceased at the
time of death in order to receive a lump-sum death payment.
Subsec. (k). Pub. L. 85-840, Sec. 205(h), substituted "old-age or
disability insurance" for "old-age insurance" wherever appearing.
Subsec. (m). Pub. L. 85-840, Sec. 101(e), substituted "less than
the first figure in column IV of the table in section 415(a) of
this title" for "less than $30", and "increased to the first figure
in column IV of the table in section 415(a) of this title" for
"increased to $30".
Subsec. (o). Pub. L. 85-857 substituted "described in section
3005 of Title 38" for "prescribed under section 601 of the
Servicemen's and Veterans' Survivor Benefits Act".
Subsec. (q)(5). Pub. L. 85-840, Sec. 205(i)(1), (2), inserted
reference to section 422(b) of this title in subpar. (B), added
subpar. (D), and substituted "clauses (A), (B), (C), and (D)" for
"clauses (A), (B), and (C)" in closing provisions.
Subsec. (q)(6). Pub. L. 85-840, Sec. 205(i)(3), (4), inserted
reference to section 422(b) of this title in subpar. (A), added
subpar. (C), redesignated former subpar. (C) as (D), and
substituted "clauses (A), (B), (C), and (D))" for "clauses (A),
(B), and (C)" in closing provisions.
Subsec. (t)(4)(E). Pub. L. 85-927 added par. (E).
1957 - Subsec. (b)(1). Pub. L. 85-238, Sec. 3(a), redesignated
subpar. (D) as (C), and repealed former subpar. (C) which required
the wife to be living with her husband at the time the application
for benefits was filed.
Subsec. (c)(1). Pub. L. 85-238, Sec. 3(b), redesignated subpars.
(D) and (E) as (C) and (D), respectively, and repealed former
subpar. (C) which required the husband to be living with his wife
at the time the application for benefits was filed.
Subsec. (e)(1). Pub. L. 85-238, Sec. 3(c), redesignated subpar.
(E) as (D), and repealed former subpar. (D) which required the
widow to be living with her husband at the time of his death.
Subsec. (f)(1). Pub. L. 85-238, Sec. 3(d), redesignated subpars.
(E) and (F) as (D) and (E), respectively, and repealed former
subpar. (D) which required the widower to be living with his wife
at the time of her death.
Subsec. (g)(1)(F). Pub. L. 85-238, Sec. 3(e), struck out
provisions which required the widow to be living with her husband
at the time of his death.
Subsec. (h)(1). Pub. L. 85-238, Sec. 3(f), struck out references
to subpar. (E) of subsec. (e)(1) of this section and to subpar. (F)
of subsec. (f)(1) of this section.
Subsec. (p)(1). Pub. L. 85-238, Sec. 3(g), substituted
"subparagraph (C) of subsection (c)(1)" for "subparagraph (D) of
subsection (c)(1)" and "subparagraph (D) of subsection (f)(1)" for
"subparagraph (E) of subsection (f)(1)".
Subsec. (t)(4)(D). Pub. L. 85-238, Sec. 1, added subpar. (D).
1956 - Subsec. (a). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(1),
inserted "Except as provided in subsection (q) of this section".
Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, Sec. 103(c)(1),
included an individual entitled to disability insurance benefits
for the month preceding the month in which he attained the age of
65.
Subsec. (b)(1). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(2), (3),
substituted "old-age insurance benefits based on a primary
insurance amount which" for "old-age insurance benefits each of
which" in cl. (D), and "old-age insurance benefit based on a
primary insurance amount which is equal to or exceeds" for "old-age
insurance benefit equal to or exceeding" in provisions following
cl. (D).
Subsec. (b)(2). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(4),
inserted "Except as provided in subsection (q) of this section".
Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, Sec. 102(d)(5), (6),
substituted "the primary insurance amount of his wife" for "an old-
age insurance benefit of his wife" in cl. (E), and in provisions
following cl. (E).
Subsec. (c)(2). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(7),
substituted "primary insurance amount" for "old-age insurance
benefit".
Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, Sec. 101(a),
authorized child's insurance benefit for children, who at the time
of filing application, are under a disability which began before
they attained the age of 18, and permitted payment of such benefit
until such disability ceases.
Subsec. (d)(2). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(7),
substituted "primary insurance amount" for "old-age insurance
benefit".
Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, Sec. 101(b)(1),
substituted "A child who has not attained the age of eighteen" for
"A child" wherever appearing in such paragraphs.
Subsec. (d)(6). Act Aug. 1, 1956, ch. 836, Sec. 101(b)(2), added
par. (6).
Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, Sec. 113, added par.
(3).
Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, Sec. 101(c), precluded
payment of parent's benefit if an individual dies leaving an
unmarried child over 18 who is under a disability which began
before the age of 18 and who is deemed dependent on such
individual.
Subsec. (i). Act Aug. 1, 1956, ch. 837, Sec. 403(a), substituted
"January 1, 1957" for "April 1956", and inserted provisions
authorizing payment of lump-sum death payment in the case of any
individual who died outside the United States and the District of
Columbia after December 1956 while performing service, as a member
of a uniformed service, to which the provisions of section
410(m)(1) of this title are applicable.
Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(8), added
par. (3).
Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, Sec. 103(c)(2),
inserted reference to section 423 of this title.
Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(9),
inserted provisions requiring reduction under subsection (q) of
this section, and provided that the reduction should be not below
zero.
Subsec. (m). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(10), inserted
references to subsection (q) of this section.
Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, Sec. 103(c)(3),
inserted reference to section 423 of this title.
Subsec. (o). Act Aug. 1, 1956, ch. 837, Sec. 407, added subsec.
(o).
Subsec. (p). Act Aug. 1, 1956, ch. 836, Sec. 114(a), added
subsec. (p).
Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, Sec. 102(c),
added subsecs. (q) to (s).
Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, Secs. 118(a),
121(a), added subsecs. (t) and (u), respectively.
1955 - Subsec. (i). Act Aug. 9, 1955, made subsection applicable
to cases of deaths occurring before April 1956.
1954 - Subsec. (e)(1)(C). Act Sept. 1, 1954, Sec. 110(a),
provided that applications for widow's insurance benefits would not
be required if the widow was entitled to a mother's insurance
benefit in the month prior to the month in which she attained
retirement age.
Subsec. (g)(1)(D). Act Sept. 1, 1954, Sec. 110(b), provided that
applications for mother's insurance benefits would not be required
if the widow was entitled to a wife's insurance benefit for the
month preceding the month in which the insured individual died.
Subsec. (i). Act Sept. 1, 1954, Secs. 102(i)(2), 110(c), inserted
", or an amount equal to $255, whichever is the smaller" after
"primary insurance amount.", and provided that an application for a
lump-sum death payment would not be required from an individual who
was entitled to wife's or husband's insurance benefits for the
month preceding the month in which the insured individual died.
Subsec. (j)(1). Act Sept. 1, 1954, Sec. 105(a), substituted
"twelfth" for "sixth".
Subsecs. (m), (n). Act Sept. 1, 1954, Secs. 102(i)(1), 107, added
subsecs. (m) and (n), respectively.
1953 - Subsec. (i). Act Aug. 14, 1953, made subsec. (i)
applicable to cases of deaths occurring before July 1955.
1950 - Subsec. (a). Act Aug. 28, 1950, changed the name of the
benefit provided by this subsection from "primary insurance
benefit" to "old-age insurance benefit", and continued the
conditions under which an individual becomes entitled to the
benefits.
Subsec. (b). Act Aug. 28, 1950, continued the conditions required
for the wife to be entitled to benefits.
Subsec. (c). Act Aug. 28, 1950, provided benefits for the
dependent husband of a female old-age insurance beneficiary who was
currently insured at the time of her entitlement to the old-age
insurance benefit.
Subsec. (d). Act Aug. 28, 1950, increased the total amount of the
family benefits in a survivor family in which there is at least one
entitled child by one-fourth of the worker's old-age benefit and
restates the circumstances under which a child is deemed dependent
upon an individual.
Subsec. (e). Act Aug. 28, 1950, permitted a wife entitled to
wife's insurance benefits to become entitled to widow's insurance
benefits upon the husband's death without filing a new application.
Subsec. (f). Act Aug. 28, 1950, provided benefits for the
dependent widower of a woman who is fully and currently insured at
the time of her death.
Subsec. (g). Act Aug. 28, 1950, changed title of widow's current
insurance benefits to mother's insurance benefits and provided for
payment of such benefits to the divorced wife of a deceased insured
worker if she had been receiving at least half her support from the
worker, and if she is caring for her son, daughter, or legally
adopted child who is receiving benefits on the worker's wage
record.
Subsec. (h). Act Aug. 28, 1950, changed the requirement that a
parent must have been chiefly dependent upon and supported by the
wage earner to the requirement that the parent only need have been
receiving one-half his support in order for the parent to be found
a dependent.
Subsec. (i). Act Aug. 28, 1950, limited the amount of the lump-
sum death payment to three times the worker's primary insurance
amount instead of six times the amount.
Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number
of months for which benefits may be paid retroactively to
individuals who failed to file their applications as soon as they
were otherwise eligible.
Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (l).
1946 - Subsec. (c). Act Aug. 10, 1946, Sec. 402, changed par. (1)
to prevent termination of benefits on adoption by a stepparent,
grandparent, aunt or uncle and changed par. (3)(C) to omit
qualification as to the time of such individual's death and to
require the child to be chiefly supported by the stepfather.
Subsec. (f)(1). Act Aug. 10, 1946, Sec. 403(a), provided that
benefit payments to parents are prevented only if the individual
leaves a widow or child who could become entitled to benefits and
required parents to be chiefly instead of wholly dependent.
Subsec. (g). Act Aug. 10, 1946, Sec. 404(a), required that a
widow or widower must have been living with deceased at time of
death to be entitled to a lump sum payment and provided that if
there was no such spouse, the payment will be made to the person or
persons equitably entitled thereto in the proportion and to the
extent that he or they have paid the burial expenses.
Subsec. (h). Act Aug. 10, 1946, Sec. 405(a), extended provision
for payment of benefits retroactively for three months to the
primary beneficiary and provided that retroactive benefits shall be
reduced so as not to render erroneous any benefit previously paid.
1939 - Act Aug. 10, 1939, amended section generally.

-CHANGE-
CHANGE OF NAME
Reference to Administrator of Veterans' Affairs deemed to refer
to Secretary of Veterans Affairs pursuant to section 10 of Pub. L.
100-527, set out as a Department of Veterans Affairs Act note under
section 301 of Title 38, Veterans' Benefits.


-MISC2-
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-203, title II, Sec. 203(d), Mar. 2, 2004, 118 Stat.
511, provided that: "The amendments made by this section [amending
this section and sections 1004 and 1382 of this title] shall take
effect on the first day of the first month that begins on or after
the date that is 9 months after the date of enactment of this Act
[Mar. 2, 2004]."
Pub. L. 108-203, title IV, Sec. 412(c), Mar. 2, 2004, 118 Stat.
528, provided that:
"(1) In general. - The amendment made by -
"(A) subsection (a)(1) [amending this section] shall apply to
individuals with respect to whom the Commissioner of Social
Security receives a removal notice after the date of the
enactment of this Act [Mar. 2, 2004];
"(B) subsection (a)(2) [amending this section] shall apply with
respect to notifications of removals received by the Commissioner
of Social Security after the date of enactment of this Act; and
"(C) subsection (a)(3) [amending this section] shall be
effective as if enacted on March 1, 1991.
"(2) Subsequent correction of cross-reference and terminology. -
The amendments made by subsections (a)(4) and (b)(1) [amending this
section] shall be effective as if enacted on April 1, 1997.
"(3) References to the secretary of homeland security. - The
amendment made by subsection (b)(2) [amending this section] shall
be effective as if enacted on March 1, 2003."
Pub. L. 108-203, title IV, Sec. 418(c), Mar. 2, 2004, 118 Stat.
533, provided that:
"(1) In general. - The amendments made by this section [amending
this section and section 426 of this title] shall apply with
respect to applications for benefits under title II of the Social
Security Act [this subchapter] filed on or after the first day of
the first month that begins after the date of enactment of this Act
[Mar. 2, 2004], except that such amendments shall not apply in
connection with monthly periodic benefits of any individual based
on earnings while in service described in section 202(k)(5)(A) of
the Social Security Act [subsec. (k)(5)(A) of this section] (in the
matter preceding clause (i) thereof) if the last day of such
service occurs before July 1, 2004.
"(2) Transitional rule. - In the case of any individual whose
last day of service described in subparagraph (A) of section
202(k)(5) of the Social Security Act (as added by subsection (a) of
this section) occurs within 5 years after the date of enactment of
this Act -
"(A) the 60-month period described in such subparagraph (A)
shall be reduced (but not to less than 1 month) by the number of
months of such service (in the aggregate and without regard to
whether such months of service were continuous) which -
"(i) were performed by the individual under the same
retirement system on or before the date of enactment of this
Act, and
"(ii) constituted 'employment' as defined in section 210 of
the Social Security Act [section 410 of this title]; and
"(B) months of service necessary to fulfill the 60-month period
as reduced by subparagraph (A) of this paragraph must be
performed after the date of enactment of this Act."
Pub. L. 108-203, title IV, Sec. 420A(b), Mar. 2, 2004, 118 Stat.
535, provided that: "The amendments made by subsection (a)
[amending this section] shall be effective with respect to benefits
payable for months beginning with the 7th month that begins after
the date of enactment of this Act [Mar. 2, 2004]."

EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-182, Sec. 5, Apr. 7, 2000, 114 Stat. 199, provided
that: "The amendments made by this Act [amending this section and
section 403 of this title] shall apply with respect to taxable
years ending after December 31, 1999."

EFFECTIVE DATE OF 1999 AMENDMENTS
Pub. L. 106-170, title IV, Sec. 402(a)(4), Dec. 17, 1999, 113
Stat. 1908, provided that: "The amendments made by this subsection
[amending this section, section 1382 of this title, and section
552a of Title 5, Government Organization and Employees] shall apply
to individuals whose period of confinement in an institution
commences on or after the first day of the fourth month beginning
after the month in which this Act is enacted [Dec. 1999]."
Pub. L. 106-170, title IV, Sec. 402(b)(2), Dec. 17, 1999, 113
Stat. 1908, provided that: "The amendments made by this subsection
[amending this section] shall apply to individuals whose period of
confinement in an institution commences on or after the first day
of the fourth month beginning after the month in which this Act is
enacted [Dec. 1999]."
Pub. L. 106-170, title IV, Sec. 402(d)(3), Dec. 17, 1999, 113
Stat. 1909, provided that: "The amendments made by this subsection
[amending this section] shall apply with respect to benefits for
months ending after the date of the enactment of this Act [Dec. 17,
1999]."
Pub. L. 106-169, title II, Sec. 207(e), Dec. 14, 1999, 113 Stat.
1839, provided that: "The amendments made by this section [enacting
section 1320a-8a of this title, amending this section and section
1382 of this title, and enacting provisions set out as a note under
section 1320a-8a of this title] shall apply to statements and
representations made on or after the date of the enactment of this
Act [Dec. 14, 1999]."

EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(g)(1) of Pub. L. 104-208 effective, with
certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of Title 8, Aliens and Nationality.
Section 503(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply with respect to benefits for which applications are filed on
or after the first day of the first month that begins at least 60
days after the date of the enactment of this Act [Sept. 30, 1996]."
Section 104(a)(2) of Pub. L. 104-121 provided that: "The
amendment made by paragraph (1) [amending this section] shall apply
with respect to benefits of individuals who become entitled to such
benefits for months after the third month following the month in
which this Act is enacted [March 1996]."
Section 104(b)(3) of Pub. L. 104-121 provided that:
"(A) The amendments made by paragraph (1) [amending this section]
shall apply with respect to final divorces occurring after the
third month following the month in which this Act is enacted [March
1996].
"(B) The amendment made by paragraph (2) [amending this section]
shall take effect on the date of the enactment of this Act [Mar.
29, 1996]."

EFFECTIVE DATE OF 1994 AMENDMENTS
Section 4(b) of Pub. L. 103-387 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to benefits for months commencing after 90 days after the
date of the enactment of this Act [Oct. 22, 1994]."
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 308(c) of Pub. L. 103-296 provided that: "The amendments
made by this section [amending this section and section 415 of this
title] shall apply (notwithstanding section 215(f) of the Social
Security Act [section 415(f) of this title]) with respect to
benefits payable for months after December 1994."
Section 321(b)(1) of Pub. L. 103-296 provided that the amendment
made by that section is effective as if included in section
603(b)(5)(A) of Pub. L. 101-649.

EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by Pub. L. 101-649 not applicable to deportation
proceedings for which notice has been provided to the alien before
Mar. 1, 1991, see section 602(d) of Pub. L. 101-649, set out as a
note under section 1227 of Title 8, Aliens and Nationality.
Section 5103(e) of Pub. L. 101-508 provided that:
"(1) In general. - The amendments made by this section [amending
this section and sections 416, 423, 426, and 1383c of this title]
(other than paragraphs (1) and (2)(C) of subsection (c) [amending
sections 426 and 1383c of this title]) shall apply with respect to
monthly insurance benefits for months after December 1990 for which
applications are filed on or after January 1, 1991, or are pending
on such date. The amendments made by subsection (c)(1) [amending
section 1383c of this title] shall apply with respect to medical
assistance provided after December 1990. The amendments made by
subsection (c)(2)(C) [amending section 426 of this title] shall
apply with respect to items and services furnished after December
1990.
"(2) Application requirements for certain individuals on benefit
rolls. - In the case of any individual who -
"(A) is entitled to disability insurance benefits under section
223 of the Social Security Act [section 423 of this title] for
December 1990 or is eligible for supplemental security income
benefits under title XVI of such Act [subchapter XVI of this
chapter], or State supplementary payments of the type referred to
in section 1616(a) of such Act [section 1382e(a) of this title]
(or payments of the type described in section 212(a) of Public
Law 93-66 [set out as a note under section 1382 of this title])
which are paid by the Secretary under an agreement referred to in
such section 1616(a) (or in section 212(b) of Public Law 93-66
[set out as a note under section 1382 of this title]), for
January 1991,
"(B) applied for widow's or widower's insurance benefits under
subsection (e) or (f) of section 202 of the Social Security Act
during 1990 [subsec. (e) or (f) of this section], and
"(C) is not entitled to such benefits under such subsection (e)
or (f) for any month on the basis of such application by reason
of the definition of disability under section 223(d)(2)(B) of the
Social Security Act (as in effect immediately before the date of
the enactment of this Act [Nov. 5, 1990]), and would have been so
entitled for such month on the basis of such application if the
amendments made by this section had been applied with respect to
such application,
for purposes of determining such individual's entitlement to such
benefits under subsection (e) or (f) of section 202 of the Social
Security Act for months after December 1990, the requirement of
paragraph (1)(C)(i) of such subsection shall be deemed to have been
met."
Section 5116(b) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to applications for benefits filed on or after January 1,
1991."

EFFECTIVE DATE OF 1989 AMENDMENT
Section 10203(b) of Pub. L. 101-239 provided that: "The
amendments made by this section [amending this section] shall apply
-
"(1) in the case of any individual's old-age insurance benefit
referred to in section 202(q)(3)(E) of the Social Security Act
[subsec. (q)(3)(E) of this section] (as in effect before the
amendments made by this section), only if such individual attains
age 62 on or after January 1, 1990, and
"(2) in the case of any individual's disability insurance
benefit referred to in section 202(q)(3)(F) or (G) of such Act
(as so in effect), only if such individual both attains age 62
and becomes disabled on or after such date."
Section 10301(c) of Pub. L. 101-239 provided that: "The
amendments made by this section [amending this section] shall apply
with respect to benefits payable for months after December 1989,
but only on the basis of applications filed on or after January 1,
1990."
Section 10302(a)(2) of Pub. L. 101-239 provided that: "The
amendment made by paragraph (1) [amending this section] shall apply
with respect to misinformation furnished after December 1982 and to
benefits for months after December 1982."

EFFECTIVE DATE OF 1988 AMENDMENT
Section 8004(c) of Pub. L. 100-647 provided that: "The amendments
made by this section [amending this section] shall apply only in
the case of deportations occurring, and final orders of deportation
issued, on or after the date of enactment of this Act [Nov. 10,
1988], and only to benefits for months beginning (and deaths
occurring) on or after such date."
Amendment by section 8007(b) of Pub. L. 100-647 applicable to
benefits paid for (and items and services furnished in) months
after December 1988, see section 8007(d) of Pub. L. 100-647, set
out as a note under section 1402 of Title 26, Internal Revenue
Code.
Section 8010(c) of Pub. L. 100-647 provided that: "The amendments
made by this section [amending this section] shall apply to
benefits payable under section 202(e) or section 202(f) of the
Social Security Act [subsec. (e) or (f) of this section] on the
basis of the wages and self-employment income of an individual who
dies after the month in which this Act is enacted [Nov. 10, 1988]."
Section 8014(c) of Pub. L. 100-647 provided that: "The preceding
provisions of this section (including the amendments made by
subsection (a)) [amending this section and enacting provisions set
out below] shall apply as if they had been included or reflected in
the provisions of section 9007 of the Omnibus Budget Reconciliation
Act of 1987 (101 Stat. 1330-289) [Pub. L. 100-203, amending this
section and enacting provisions set out below] at the time of its
enactment [Dec. 22, 1987]."

EFFECTIVE DATE OF 1987 AMENDMENT
Section 9007(f) of Pub. L. 100-203 provided that: "The amendments
made by this section [amending this section] shall apply only with
respect to benefits for months after December 1987; except that
nothing in such amendments shall affect any exemption (from the
application of the pension offset provisions contained in
subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202
of the Social Security Act [this section]) which any individual may
have by reason of subsection (g) or (h) of section 334 of the
Social Security Amendments of 1977 [section 334(g), (h) of Pub. L.
95-216, set out as notes below]."
Section 9010(f) of Pub. L. 100-203 provided that: "The amendments
made by this section [amending this section and sections 416, 423,
and 426 of this title] shall take effect January 1, 1988, and shall
apply with respect to -
"(1) individuals who are entitled to benefits which are 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 202 of the Social
Security Act [this section] or subsection (a)(1) of section 223
of such Act [section 423 of this title] for any month after
December 1987, and
"(2) individuals who are entitled to benefits which are payable
under any provision referred to in paragraph (1) for any month
before January 1988 and with respect to whom the 15-month period
described in the applicable provision amended by this section has
not elapsed as of January 1, 1988."

EFFECTIVE DATE OF 1986 AMENDMENTS
Section 1883(f) of Pub. L. 99-514 provided that: "Except as
otherwise provided in this section, the amendments made by this
section [amending this section and sections 410, 411, 415, 418,
421, 423, 602, 657, 658, 664, 674, 1301, 1320b-6, 1382a, 1383, and
1397b of this title and sections 1402 and 3121 of Title 26,
Internal Revenue Code, repealing section 1397f of this title,
enacting provisions set out as notes under sections 602 and 678 of
this title, and amending provisions set out as a note under section
410 of this title] shall take effect on the date of the enactment
of this Act [Oct. 22, 1986]."
Section 12104(b) of Pub. L. 99-272 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to benefits for which application is filed after the date
of the enactment of this Act [Apr. 7, 1986]."
Section 12107(c) of Pub. L. 99-272 provided that: "The amendments
made by this section [amending this section and section 423 of this
title] are effective December 1, 1980, and shall apply with respect
to any individual who is under a disability (as defined in section
223(d) of the Social Security Act [section 423(d) of this title])
on or after that date."

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by sections 2661(b)-(f) and 2662(c)(1) 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)(2) 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 AMENDMENTS
Section 111(a)(8) of Pub. L. 98-21 provided that: "The amendments
made by this subsection [amending this section and sections 403,
415, and 430 of this title] shall apply with respect to cost-of-
living increases determined under section 215(i) of the Social
Security Act [section 415(i) of this title] for years after 1982."
Section 114(c)(2) of Pub. L. 98-21 provided that: "The amendments
made by paragraph (1) [amending this section] shall apply with
respect to increment months in calendar years after 1983."
Section 131(d) of Pub. L. 98-21 provided that:
"(1) The amendments made by this section [amending this section
and section 426 of this title] shall be effective with respect to
monthly benefits payable under title II of the Social Security Act
[this subchapter] for months after December 1983.
"(2) In the case of an individual who was not entitled to a
monthly benefit of the type involved under title II of such Act for
December 1983, no benefit shall be paid under such title by reason
of such amendments unless proper application for such benefit is
made."
Section 132(c)(1) of Pub. L. 98-21 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to monthly insurance benefits for months after December
1984, but only on the basis of applications filed on or after
January 1, 1985."
Section 133(c) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to monthly insurance benefits for months after December
1984 for individuals who first meet all criteria for entitlement to
benefits under section 202(e) or (f) of the Social Security Act
[subsec. (e) or (f) of this section] (other than making application
for such benefits) after December 1984."
Section 134(c) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to benefits for months after December 1983."
Section 301(a)(5) of Pub. L. 98-21, as amended by Pub. L. 98-369,
div. B, title VI, Sec. 2662(d), July 18, 1984, 98 Stat. 1159,
provided that the amendment made by that section is effective with
respect to monthly insurance benefits for months after December
1984 (but only on the basis of applications filed on or after
January 1, 1985).
Section 307(b) of Pub. L. 98-21 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to benefits under title II of the Social Security Act [this
subchapter] for months after the month in which this Act is enacted
[April 1983], but only in cases in which the 'last month' referred
to in the provision amended is a month after the month in which
this Act is enacted."
Section 310 of title III of Pub. L. 98-21 provided that:
"(a) Except as otherwise specifically provided in this title, the
amendments made by this part [part A (Secs. 301-310) of title III
of Pub. L. 98-21, amending this section and sections 403, 405, 416,
417, 422, 423, 425, 426, 427, and 428 of this title] apply only
with respect to monthly benefits payable under title II of the
Social Security Act [this subchapter] for months after the month in
which this Act is enacted [April 1983].
"(b) Nothing in any amendment made by this part shall be
construed as affecting the validity of any benefit which was paid,
prior to the effective date of such amendment, as a result of a
judicial determination."
Section 334(b) of Pub. L. 98-21 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to survivors whose applications for monthly benefits are
filed after the second month following the month in which this Act
is enacted [April 1983]."
Section 337(b) of Pub. L. 98-21, as amended by Pub. L. 98-617,
Sec. 2(a)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: "The
amendments made by subsection (a) of this section [amending this
section] shall apply only with respect to monthly insurance
benefits payable under title II of the Social Security Act [this
subchapter] for months after June 1983."
[Section 2(a)(2) of Pub. L. 98-617 provided that: "The amendments
made by this subsection [amending section 337(b) of Pub. L. 98-21,
set out above] shall apply to benefits payable under title II of
the Social Security Act [this subchapter] for months beginning
after the month of enactment of this Act [November 1984]."]
Section 339(c) of Pub. L. 98-21 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
423 of this title] shall apply with respect to monthly benefits
payable for months beginning on or after the date of enactment of
this Act [Apr. 20, 1983]."
Section 340(c) of Pub. L. 98-21 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to any individual who initially becomes eligible for
benefits under section 202 or 223 [this section or section 423 of
this title] after December 31, 1984."
Section 7(d) of Pub. L. 97-455 provided that: "The amendments
made by subsections (a) [enacting and amending provisions set out
as notes under this section] and (c) [amending this section] of
this section shall be effective with respect to monthly insurance
benefits for months after November 1982."

EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by section 2201(b)(10), (11), (d)(1), (2) of Pub. L. 97-
35 and amendment by section 2(e) of Pub. L. 97-123 applicable with
respect to benefits for months after December 1981, and amendment
by section 2201(f) of Pub. L. 97-35 applicable with respect to
deaths occurring 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.
Section 2202(b) of Pub. L. 97-35 provided that: "The amendments
made by subsection (a) [amending this section and section 416 of
this title] shall apply only with respect to deaths occurring after
August 1981."
Section 2203(f)(1), (2) of Pub. L. 97-35 provided that:
"(1) The amendments made by subsections (a), (b), and (c)
[amending this section and section 416 of this title] of this
section shall apply only to monthly insurance benefits payable to
individuals who attain age 62 after August 1981.
"(2) The amendments made by subsection (d) of this section
[amending this section and section 416 of this title] shall apply
to monthly insurance benefits for months after August 1981, and
only in the case of individuals who were not entitled to such
insurance benefits for August 1981 or any preceding month."
Section 2205(b) of Pub. L. 97-35 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to wife's and mother's insurance benefits for months after
the month in which this Act is enacted [August 1981], except that,
in the case of an individual who is entitled to such a benefit (on
the basis of having a child in her care) for the month in which
this Act is enacted [August 1981], such amendments shall not take
effect until the first day of the first month which begins 2 years
or more after the date of the enactment of this Act [Aug. 13,
1981]."
Section 2206(c) of Pub. L. 97-35 provided that: "The amendments
made by this section [amending this section and sections 403 and
415 of this title] shall apply only with respect to initial
calculations and adjustments of primary insurance amounts and
benefit amounts which are attributable to periods after August
1981."
Section 2210(b) of Pub. L. 97-35 provided that: "Except as
provided in subsection (c) [section 2210(c) of Pub. L. 97-35, set
out below], the amendments made by subsection (a) [amending this
section] shall apply to child's insurance benefits under section
202(d) of the Social Security Act [subsec. (d) of this section] for
months after July 1982."

EFFECTIVE DATE OF 1980 AMENDMENTS
Section 1011(b) of Pub. L. 96-499 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
with respect to applications filed on or after the first day of the
first month which begins 60 days or more after the date of the
enactment of this Act [Dec. 5, 1980]."
Section 5(d) of Pub. L. 96-473 provided that: "The amendments
made by this section [amending this section and sections 416 and
423 of this title] shall be effective with respect to benefits
payable for months beginning on or after October 1, 1980."
Section 303(d) of Pub. L. 96-265 provided that: "The amendments
made by this section [amending this section and sections 416, 422,
423, 1382, and 1382c 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 any individual whose disability has not been determined to have
ceased prior to such first day."
Section 306(d) of Pub. L. 96-265 provided that: "The amendments
made by this section [amending this section and sections 416 and
423 of this title] shall apply to applications filed after the
month in which this Act is enacted [June 1980]."

EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section
703(r) of Pub. L. 95-600, set out as a note under section 46 of
Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT
Section 206 of title II of Pub. L. 95-216 provided that: "The
amendments made by the provisions of this title other than sections
201(d), 204, and 205(a) [amending this section and sections 403,
415, 417, 424a, and 1395r of this title] shall be effective with
respect to monthly benefits under title II of the Social Security
Act [this subchapter] payable for months after December 1978 and
with respect to lump-sum death payments with respect to deaths
occurring after such month. The amendments made by section 201(d)
[amending section 415 of this title] shall be effective with
respect to monthly benefits of an individual who becomes eligible
for an old-age or disability insurance benefit, or dies, after
December 1977. The amendments made by section 204 [amending this
section and section 403 of this title] shall be effective with
respect to monthly benefits for months after May 1978. The
amendment made by section 205(a) [amending this section] shall be
effective with respect to monthly benefits payable for months after
December 1978 based on the wages and self-employment income of
individuals who die after December 1978."
Section 331(d) of Pub. L. 95-216 provided that: "The amendments
made by this section [amending this section] shall be effective
with respect to monthly benefits payable for months after December
1977."
Section 332(b) of Pub. L. 95-216 provided that: "The amendments
made by subsection (a) [amending this section and section 426 of
this title] shall be effective with respect to monthly insurance
benefits under title II of the Social Security Act [this
subchapter] to which an individual becomes entitled on the basis of
an application filed on or after January 1, 1978."
Section 334(f) of Pub. L. 95-216 as amended by section 7(a)(2) of
Pub. L. 97-455, provided that: "Subject to subsections (g) and (h)
[section 334(g) and (h) of Pub. L. 95-216, set out as notes below],
the amendments made by this section [amending this section and
section 426 of this title and enacting provisions set out as notes
under this section] shall apply with respect to monthly insurance
benefits payable under title II of the Social Security Act [this
subchapter] for months beginning with the month in which this Act
is enacted [December 1977], on the basis of applications filed in
or after the month in which this Act is enacted."
Section 336(c)(1) of Pub. L. 95-216 provided that: "The
amendments made by this section [amending this section] shall apply
only with respect to monthly benefits payable under title II of the
Social Security Act [this subchapter] for months after December
1978, and, in the case of individuals who are not entitled to
benefits of the type involved for December 1978, only on the basis
of applications filed on or after January 1, 1979."
Section 337(c) of Pub. L. 95-216 provided that: "The amendments
made by this section [amending this section and section 416 of this
title] shall apply with respect to monthly benefits payable under
title II of the Social Security Act [this subchapter] for months
after December 1978, and, in the case of individuals who are not
entitled to benefits of the type involved for December 1978, only
on the basis of applications filed on or after January 1, 1979."
Section 353(f)(1) of Pub. L. 95-216 provided that the amendment
made by that section is effective with respect to convictions after
Dec. 31, 1977.

EFFECTIVE DATE OF 1974 AMENDMENT
Section 603 of Pub. L. 93-445 provided that: "The provision of
title II of this Act [set out as a note under section 231 of Title
45, Railroads] and the amendments made by title III and title IV of
this Act [amending this section and sections 405, 410, 416, 426,
1395s, 1395u, 1395v, 1395gg, and 1395kk of this title and sections
352, 354, 360, 361, and 362 of Title 45] shall become effective on
January 1, 1975."

EFFECTIVE DATE OF 1973 AMENDMENT
Section 240(b) of Pub. L. 93-66 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to monthly benefits payable under title II of the Social
Security Act [this subchapter] for months after the month in which
this Act is enacted [July 1973] on the basis of applications for
such benefits filed in or after the month in which this Act is
enacted."

EFFECTIVE DATE OF 1972 AMENDMENT
Section 102(i) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section and section 403 of this
title and enacting provisions set out as notes under this section]
shall apply with respect to monthly benefits under title II of the
Social Security Act [this subchapter] for months after December
1972."
Section 103(d) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section and section 403 of this
title] shall be applicable with respect to old-age insurance
benefits payable under title II of the Social Security Act [this
subchapter] for months beginning after 1972."
Section 107(c) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section and sections 403, 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 December 1972, except that in the case of an
individual who was not entitled to a monthly benefit under title II
of such Act for December 1972 such amendments shall apply only on
the basis of an application filed in or after the month in which
this Act is enacted [October 1972]."
Section 108(f) of Pub. L. 92-603 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 [this section] for months after December 1972 except
that in the case of an individual who was not entitled to a monthly
benefit under such section 202 for December 1972 such amendments
shall apply only on the basis of an application filed after
September 30, 1972."
Section 109(b) of Pub. L. 92-603 provided that: "The amendment
made by subsection (a) [amending this section] shall apply only
with respect to benefits payable under title II of the Social
Security Act [this subchapter] for months after December 1972."
Section 110(b) of Pub. L. 92-603 provided that: "The amendment
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 December 1972."
Section 111(b) of Pub. L. 92-603 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to monthly benefits payable under title II of the Social
Security Act [this subchapter] for months after December 1967 on
the basis of an application filed in or after the month in which
this Act is enacted [October 1972], except that such amendments
shall not apply with respect to benefits for any month before the
month in which this Act is enacted unless such application is filed
before the close of the sixth month after the month in which this
Act is enacted."
Section 112(b) of Pub. L. 92-603 provided that: "The amendment
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 beginning with the month
in which this Act is enacted [October 1972]."
Section 113(c) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section and section 416 of this
title] shall apply with respect to monthly benefits payable under
title II of the Social Security Act [this subchapter] for months
after December 1972, but only on the basis of applications filed on
or after the date of the enactment of this Act [Oct. 30, 1972]."
Section 114(d) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section] shall apply only with
respect to benefits payable under title II of the Social Security
Act [this subchapter] for months after December 1972 on the basis
of applications filed on or after the date of enactment of this Act
[Oct. 30, 1972]."
Amendment by section 116(b), (c) of Pub. L. 92-603 effective with
respect to applications for widow's and widower's insurance
benefits based on disability under this section filed in or after
October 1972 or before October 1972 under specified conditions, see
section 116(e) of Pub. L. 92-603, set out as a note under section
423 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT
Section 2 of Pub. L. 92-223 provided that: "The amendments made
by the first section of this Act [amending this section] shall be
effective only in the case of lump-sum death payments under title
II of the Social Security Act [this subchapter] made with respect
to deaths which occur after December 31, 1970."

EFFECTIVE DATE OF 1969 AMENDMENT
Section 1004(d) of Pub. L. 91-172 provided that: "The amendments
made by subsections (a), (b), and (c) [amending this section] 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 103(e) of Pub. L. 90-248 provided that: "The amendments
made by subsections (a), (b), (c), and (d) [amending this section]
shall apply with respect to monthly benefits under title II of the
Social Security Act [this subchapter] for months after January
1968."
Section 104(e) of Pub. L. 90-248 provided that: "The amendments
made by this section [amending this section and sections 403, 416,
422, and 425 of this title] shall apply with respect to monthly
benefits under title II of the Social Security Act [this
subchapter] for and after the month of February 1968, but only on
the basis of applications for such benefits filed in or after the
month in which this Act is enacted [January 1968]."
Section 112(b) of Pub. L. 90-248 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to monthly benefits payable under title II of the Social
Security Act [this subchapter] for months after January 1968, but
only on the basis of applications filed after the date of enactment
of this Act [Jan. 2, 1968]."
Section 151(e) of Pub. L. 90-248 provided that: "The amendments
made by this section [amending this section and section 228e of
Title 45, Railroads] shall apply with respect to monthly benefits
payable under title II of the Social Security Act [this subchapter]
(and annuities accruing under the Railroad Retirement Act of 1937
[section 228a et seq. of Title 45]) for months after January 1968,
but only on the basis of applications filed in or after the month
in which this Act is enacted [January 1968]."
Section 157(d) of Pub. L. 90-248 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to monthly benefits payable under title II of the Social
Security Act [this subchapter] for months after January 1968, but
only on the basis of applications filed in or after the month in
which this Act is enacted [January 1968]."
Amendment by section 158(c)(1), (2) 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.
Section 162(a)(2) of Pub. L. 90-248 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply only with
respect to six-month periods (within the meaning of section
202(t)(1)(A) of the Social Security Act [subsec. (t)(1)(A) of this
section]) which begin after the date of the enactment of this Act
[Jan. 2, 1968]."
Section 162(b)(2) of Pub. L. 90-248 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply only with
respect to monthly benefits under title II of the Social Security
Act [this subchapter] for months beginning after June 30, 1968."

EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by section 303(d) of Pub. L. 89-97 effective with
respect to applications for disability insurance benefits under
section 423 of this title, and for disability determinations under
section 416(i) of this title, filed in or after July 1965 or before
July 1965, if the applicant has not died before such month and
notice of final administrative decision has not been given to the
applicant before such month, see section 303(f)(1), of Pub. L. 89-
97, set out as a note under section 423 of this title.
Section 304(o) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 415, 416,
and 423 of this title] shall apply with respect to monthly
insurance 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, but only on the basis of
applications filed in or after the month in which this Act is
enacted."
Section 306(d) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 403, 416,
422, and 425 of this title] shall apply with respect to monthly
insurance benefits under section 202 of the Social Security Act
[this section] for months after December 1964; except that -
"(1) in the case of an individual who was not entitled to a
child's insurance benefit under subsection (d) of such section
[subsec. (d) of this section] for the month in which this Act is
enacted [July 1965], such amendments shall apply only on the
basis of an application filed in or after the month in which this
Act is enacted, and
"(2) no monthly insurance benefit shall be payable for any
month before the second month following the month in which this
Act is enacted [July 1965] by reason of section 202(d)(1)(B)(ii)
of the Social Security Act [subsec. (d)(1)(B)(ii) of this
section] as amended by this section."
Section 307(c) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to monthly insurance benefits under section 202 of the
Social Security Act [this section] for and after the second month
following the month [July 1965] in which this Act is enacted, but
only on the basis of applications filed in or after the month in
which this Act is enacted."
Section 308(e) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and sections 403, 405,
416, and 422 of this title] shall be applicable with respect to
monthly insurance benefits under title II of the Social Security
Act [this subchapter] beginning with the second month following the
month in which this Act is enacted [July 1965]; but, in the case of
an individual who was not entitled to a monthly insurance benefit
under section 202 of such Act [this section] for the first month
following the month in which this Act is enacted [July 1965], only
on the basis of an application filed in or after the month in which
this Act is enacted."
Amendment by section 319(d) of Pub. L. 89-97 applicable with
respect to taxable years beginning after December 31, 1950, see
section 319(e) of Pub. L. 89-97, set out as a note under section
1402 of Title 26.
Section 323(b) of Pub. L. 89-97 provided that: "The amendments
made by subsection (a) of this section [amending this section]
shall be applicable to persons who file applications, or on whose
behalf applications are filed, for benefits under section 202(d) of
the Social Security Act [subsec. (d) of this section] on or after
the date this section is enacted [July 30, 1965]. The time limit
provided by section 202(d)(10)(B) of such Act [subsec. (d)(10)(B)
of this section] as amended by this section for legally adopting a
child shall not apply in the case of any child who is adopted
before the end of the 12-month period following the month in which
this section is enacted."
Section 324(b) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section] shall be effective
with respect to (1) applications for lump-sum death payments filed
in or after the month [July 1965] in which this Act is enacted, and
(2) monthly benefits based on applications filed in or after such
month."
Amendment by section 328(a) 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.
Section 333(d) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to monthly insurance benefits under section 202 of the
Social Security Act [this section] beginning with the second month
following the month in which this Act is enacted [July 1965]; but,
in the case of an individual who was not entitled to a monthly
insurance benefit under section 203(e) or (f) of such Act [subsec.
(e) or (f) of this section] for the first month following the month
in which this Act is enacted, only on the basis of an application
filed in or after the month in which this Act is enacted."
Section 334(g) of Pub. L. 89-97 provided that: "The amendments
made by this section [amending this section and section 416 of this
title] shall be applicable only with respect to monthly insurance
benefits under title II of the Social Security Act [this
subchapter] beginning with the second month following the month in
which this Act is enacted [July 1965], but only on the basis of
applications filed in or after the month in which this Act is
enacted."
Amendment by section 339(b) of Pub. L. 89-97 applicable with
respect to monthly insurance benefits under subchapter II of this
chapter beginning with September 1965 but only on the basis of an
application filed in or after July 1965, see section 339(c) of Pub.
L. 89-97, set out as a note under section 416 of this title.
Section 343(b) of Pub. L. 89-97 provided that: "The amendment
made by subsection (a) [amending this section] shall apply only
with respect to monthly insurance benefits under title II of the
Social Security Act [this subchapter] for months after the month in
which this Act is enacted [July 1965]; except that, in the case of
an individual who was not entitled to child's insurance benefits
under section 202(d) of such Act [subsec. (d) of this section] for
the month in which this Act was enacted, such amendment shall apply
only on the basis of an application filed in or after the month in
which this Act is enacted."

EFFECTIVE DATE OF 1961 AMENDMENT
Section 102(f) of title I of Pub. L. 87-64 provided that:
"(1) The amendments made by subsection (a) [amending this
section] shall apply with respect to monthly benefits for months
beginning on or after the effective date of this title [see
Effective Date of 1961 Amendment note set out above] based on
applications filed in or after March 1961.
"(2)(A) Except as provided in subparagraphs (B), (C), and (D),
section 202(q) of such Act [subsec. (q) of this section], as
amended by subsection (b)(1), shall apply with respect to monthly
benefits for months beginning on or after the effective date of
this title [see Effective Date of 1961 Amendment note set out
above].
"(B) Section 202(q)(3) of such Act, as amended by subsection
(b)(1), shall apply with respect to monthly benefits for months
beginning on or after the effective date of this title [see
Effective Date of 1961 Amendment note set out above], but only if
the increase described in such section 202(q)(3) -
"(i) is not effective for any month beginning before the
effective date of this title, or
"(ii) is based on an application for a recomputation filed on
or after the effective date of this title.
"(C) In the case of any individual who attained age 65 before the
effective date of this title, the adjustment in such individual's
reduction period provided for in section 202(q)(6) of such Act
[subsec. (q)(6) of this section], as amended by subsection (b)(1),
shall not apply to such individual unless the total of the months
specified in subparagraphs (A), (B), and (C) of such section
202(q)(6) is not less than 3.
"(D) In the case of any individual entitled to a monthly benefit
for the last month beginning before the effective date of this
title, if the amount of such benefit for any month thereafter is,
solely by reason of the change in section 202(q) of such Act
[subsec. (q) of this section] made by subsection (b)(1), lower than
the amount of such benefit for such last month, then it shall be
increased to the amount of such benefit for such last month.
"(3) Section 202(r) of such Act [subsec. (r) of this section], as
amended by subsection (b)(1), shall apply only with respect to
monthly benefits for months beginning on or after the effective
date of this title [see Effective Date of 1961 Amendment note set
out above], except that subparagraph (B) of section 202(r)(2) (as
so amended) shall apply only if the first subsequent month
described in such subparagraph (B) is a month beginning on or after
the effective date of this title.
"(4) The amendments made by subsection (b)(2) [amending this
section and sections 416 and 423 of this title] shall take effect
on the effective date of this title [see Effective Date of 1961
Amendment note set out above].
"(5) The amendments made by subsection (b)(3) [amending this
section] shall apply with respect to applications for monthly
benefits filed on or after the effective date of this title [see
Effective Date of 1961 Amendment note set out above].
"(6) The amendments made by subsections (c) and (d)(1) and (2)
[amending sections 409, 413, 415, 416, and 423 of this title] shall
apply with respect to -
"(A) monthly benefits for months beginning on or after the
Effective Date of this title [see Effective Date of 1961
Amendment note set out above] based on applications filed in or
after March 1961, and
"(B) lump-sum death payments under title II of the Social
Security Act [this subchapter] in the case of deaths on or after
the effective date of this title.
"(7) The amendment made by subsection (d)(3) [amending section
415 of this title] shall take effect on the effective date of this
title [see Effective Date of 1961 Amendment note set out above].
"(8) The amendments made by subsection (e) [amending this
section] shall apply with respect to monthly benefits for months
beginning on or after the effective date of this title [see
Effective Date of 1961 Amendment note set out above].
"(9) For purposes of this subsection, the term 'monthly benefits'
means monthly insurance benefits under title II of the Social
Security Act [this subchapter]."
Section 104(e) of title I of Pub. L. 87-64 provided that: "The
amendments made by this section [amending this section] shall apply
with respect to monthly benefits under section 202 of the Social
Security Act [this section] for months beginning on or after the
effective date of this title [see Effective Date of 1961 Amendment
note set out above]."
Section 109 of title I of Pub. L. 87-64 provided that: "Except as
otherwise provided, the effective date of this title [see Tables
for classifications] is the first day of the first calendar month
which begins on or after the 30th day after the date of the
enactment of this Act [June 30, 1961]."

EFFECTIVE DATE OF 1960 AMENDMENTS
Section 103(v) of Pub. L. 86-778, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(1) The amendments made by subsection (a) [amending this section
and provisions set out as notes under this section] shall apply
only with respect to reinterments after the date of the enactment
of this Act [Sept. 13, 1960]. The amendments made by subsections
(b), (e), and (f) [amending sections 403 and 410 of this title]
shall apply only with respect to service performed after 1960;
except that insofar as the carrying on of a trade or business
(other than performance of service as an employee) is concerned,
such amendments shall apply only in the case of taxable years
beginning after 1960. The amendments made by subsections (d), (i),
(o), and (p) [amending section 410 of this title and section 3121
of Title 26, Internal Revenue Code, and amending section 418 of
this title and section 3121 of Title 26] shall apply only with
respect to service performed after 1960. The amendments made by
subsections (h) and (l) [amending section 411 of this title and
section 1402 of Title 26] shall apply only in the case of taxable
years beginning after 1960. The amendments made by subsections (c),
(n), (q), and (r) [enacting section 3125 of Title 26 and amending
section 410 of this title and sections 3121, 6205, and 6413 of
Title 26] shall apply only with respect to (1) service in the
employ of the Government of Guam or any political subdivision
thereof, or any instrumentality of any one or more of the foregoing
wholly owned thereby, which is performed after 1960 and after the
calendar quarter in which the Secretary of the Treasury receives a
certification by the Governor of Guam that legislation has been
enacted by the Government of Guam expressing its desire to have the
insurance system established by title II of the Social Security Act
[this subchapter] extended to the officers and employees of such
Government and such political subdivisions and instrumentalities,
and (2) service in the employ of the Government of American Samoa
or any political subdivision thereof or any instrumentality of any
one or more of the foregoing wholly owned thereby, which is
performed after 1960 and after the calendar quarter in which the
Secretary of the Treasury receives a certification by the Governor
of American Samoa that the Government of American Samoa desires to
have the insurance system established by such title II extended to
the officers and employees of such Government and such political
subdivisions and instrumentalities. The amendments made by
subsections (g) and (k) [amending section 411 of this title and
section 1402 of Title 26] shall apply only in the case of taxable
years beginning after 1960, except that, insofar as they involve
the nonapplication of section 932 of the Internal Revenue Code of
1986 [formerly I.R.C. 1954] [section 932 of Title 26] to the Virgin
Islands for purposes of chapter 2 of such Code and section 211 of
the Social Security Act [section 411 of this title], such
amendments shall be effective in the case of all taxable years with
respect to which such chapter 2 (and corresponding provisions of
prior law) and such section 211 [section 411 of this title] are
applicable. The amendments made by subsections (j), (s), and (t)
[amending this section and sections 405, 409, 410, 411, 415, 417,
and 418 of this title and sections 7213 and 7701 of Title 26 and
repealing section 419 of this title] shall take effect on the date
of the enactment of this Act [Sept. 13, 1960]; and there are
authorized to be appropriated such sums as may be necessary for the
performance by any officer or employee of functions delegated to
him by the Secretary of the Treasury in accordance with the
amendment made by such subsection (t) [amending section 7701 of
Title 26].
"(2) The amendments made by subsections (c) and (n) [amending
section 410 of this title and section 3121 of Title 26] shall have
application only as expressly provided therein, and determinations
as to whether an officer or employee of the Government of Guam or
the Government of American Samoa or any political subdivision
thereof, or of any instrumentality of any one or more of the
foregoing which is wholly owned thereby, is an employee of the
United States or any agency or instrumentality thereof within the
meaning of any provision of law not affected by such amendments,
shall be made without any inferences drawn from such amendments.
"(3) The repeal (by subsection (j)(1)) of section 219 of the
Social Security Act [section 419 of this title], and the
elimination (by subsections (e), (f), (h), (j)(2), and (j)(3)) of
other provisions of such Act [from sections 410 and 411 of this
title] making reference to such section 219 [section 419 of this
title], shall not be construed as changing or otherwise affecting
the effective date specified in such section for the extension to
the Commonwealth of Puerto Rico of the insurance system under title
II of such Act [this subchapter], the manner or consequences of
such extension, or the status of any individual with respect to
whom the provisions so eliminated are applicable."
Section 201(c) of Pub. L. 86-778 provided that: "The amendments
made by this section [amending this section] shall apply as though
this Act had been enacted on August 28, 1958, and with respect to
monthly benefits under section 202 of the Social Security Act [this
section] for months after August 1958 based on applications for
such benefits filed on or after August 28, 1958."
Section 202(b) of Pub. L. 86-778 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to monthly benefits under section 202 of the Social
Security Act [this section] for months beginning with the month in
which this Act is enacted [September 1960], but only if an
application for such benefits is filed in or after such month."
Section 203(b) of Pub. L. 86-778 provided that: "The amendment
made by subsection (a) [amending this section] shall apply -
"(1) in the case of the death of an individual occurring on or
after the date of the enactment of this Act [Sept. 13, 1960], and
"(2) in the case of the death of an individual occurring prior
to such date, but only if no application for a lump-sum death
payment under section 202(i) of the Social Security Act [subsec.
(i) of this section] is filed on the basis of such individual's
wages and self-employment income prior to the third calendar
month beginning after such date."
Section 205(d) of Pub. L. 86-778 provided that: "The preceding
provisions of this section and the amendments made thereby
[amending this section] shall apply only in the case of monthly
benefits under title II of the Social Security Act [this
subchapter] for months after the month in which this Act is enacted
[September 1960], on the basis of applications filed in or after
such month."
Amendment by section 208(d) of Pub. L. 86-778 applicable (1) with
respect to monthly benefits under this subchapter for months
beginning with 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 this subchapter based on an application filed in or
after September 1960, but only if no person, other than the person
filing such application, has filed an application for a lump-sum
death payment under this subchapter prior to Sept. 13, 1960 with
respect to the death of the same individual, see section 208(f) of
Pub. L. 86-778, set out as a note under section 416 of this title.
Amendment by section 211(i)-(l) of Pub. L. 86-778 effective in
the manner provided in section 211(p) and (q) of Pub. L. 86-778,
see section 211(p)-(s) of Pub. L. 86-778 set out as a note under
section 403 of this title.
Section 301(b) of Pub. L. 86-778 provided that: "The amendment
made by this section [amending this section] shall apply only with
respect to monthly benefits under section 202 of the Social
Security Act [this section] for months after the second month
following the month in which this Act is enacted [September 1960]."
Amendment by section 403(d) of Pub. L. 86-778 applicable only
with respect to benefits under subsec. (d) of 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.
Section 47(e) of Pub. L. 86-624 provided that: "The amendment
made by section 30(c)(1) [amending this section] shall be
applicable in the case of deaths occurring on or after August 21,
1959."

EFFECTIVE DATE OF 1959 AMENDMENT
Section 47(e) of Pub. L. 86-70 provided that: "The amendment made
by paragraph (1) of subsection (c) of section 32 [amending this
section] shall apply in the case of deaths occurring on or after
January 3, 1959."

EFFECTIVE DATE OF 1958 AMENDMENTS
Section 302 of Pub. L. 85-927 provided that: "The amendments made
by section 301 of this Act [amending this section] shall apply with
respect to monthly benefits under section 202 of the Social
Security Act [this section] for months after December 1956, and
with respect to lump-sum death payments under such section 202 in
the case of deaths occurring after December 1956."
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
section 101 of Title 38, Veterans' Benefits.
Amendment by section 101(e) of Pub. L. 85-840 applicable in the
case of monthly benefits under subchapter II of this chapter for
months after December 1958, and in the case of lump-sum death
payments under subchapter II of this chapter, with respect to
deaths occurring after such month, see section 101(g) of Pub. L. 85-
840, set out as a note under section 415 of this title.
Amendment by section 205(b)-(i) 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.
Section 301(f) of Pub. L. 85-840 provided that: "The amendments
made by this section [amending this section and section 416 of this
title] shall apply with respect to monthly benefits under section
202 of the Social Security Act [this section] 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."
Section 304(a)(2) of Pub. L. 85-840 provided that: "The amendment
made by this subsection [amending this section] shall apply with
respect to monthly benefits under section 202 of the Social
Security Act [this section] 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."
Section 305(c) of Pub. L. 85-840 provided that: "The amendments
made by this section [amending this section and section 416 of this
title] shall apply in the case of lump-sum death payments under
such section 202(i) [subsec. (i) of this section] on the basis of
the wages and self-employment income of any individual who dies
after the month in which this Act is enacted [August 1958]."
Section 306(b) of Pub. L. 85-840 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to monthly benefits under section 202 of the Social
Security Act [this section] 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."
Section 307(h)(1) of Pub. L. 85-840 provided that: "The
amendments made by this section (other than by subsections (f) and
(g) [amending this section]) shall apply with respect to monthly
benefits under section 202 of the Social Security Act [this
section] for months following the month in which this Act is
enacted [August 1958]; except that in any case in which benefits
were terminated with the close of the month in which this Act is
enacted or any prior month and, if the amendments made by this
section had been in effect for such month, such benefits would not
have been terminated, the amendments made by this section shall
apply with respect to monthly benefits under section 202 of the
Social Security Act for months beginning after the date of
enactment of this Act, but only if an application for such benefits
is filed after such date."

EFFECTIVE DATE OF 1957 AMENDMENT
Section 2 of Pub. L. 85-238 provided that: "The amendments made
by the first section of this Act [amending this section] shall
apply with respect to monthly benefits under section 202 of the
Social Security Act [this section] for months after December 1956,
and with respect to lump-sum death payments under such section 202
in the case of deaths occurring after December 1956."
Section 3(i) of Pub. L. 85-238 provided that:
"(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and section 416 of this title]
shall apply in the case of monthly benefits under section 202 of
the Social Security Act [this section] for months after the month
in which this Act is enacted [August 1957].
"(2) The amendment made by subsection (f) [amending this section]
shall not apply in the case of benefits under section 202(h) of the
Social Security Act [subsec. (h) of this section], based on the
wages and self-employment income of a deceased individual who died
in or prior to the month in which this Act is enacted [August 1957]
for any parent who files the proof of support, required by such
section 202(h), in or prior to the month in which this Act is
enacted; and the amendment to section 216(h)(1) of such Act
[section 416(h)(1) of this title] made by subsection (h) of this
section shall not operate to deprive any such parent of benefits to
which he would otherwise be entitled under section 202(h) of such
Act."

EFFECTIVE DATE OF 1956 AMENDMENTS
Section 403(b) of act Aug. 1, 1956, ch. 837, provided that: "The
amendment made by subsection (a) [amending this section] shall be
effective as though it had been enacted on March 31, 1956."
Section 101(h) of act Aug. 1, 1956, ch. 836, provided that:
"(1) The amendments made by this section [amending this section
and section 403 of this title], other than subsection (c) [amending
this section], shall apply with respect to monthly benefits under
section 202 of the Social Security Act [this section] for months
after December 1956, but only, except as provided in paragraph (2),
on the basis of an application filed after September 1956. For
purposes of title II of the Social Security Act, as amended by this
Act [this subchapter], an application for wife's, child's, or
mother's insurance benefits under such title II filed, by reason of
this paragraph, by an individual who was entitled to benefits prior
to, but not for, December 1956 and whose entitlement terminated as
a result of a child's attainment of age eighteen shall be treated
as the application referred to in subsection (b), (d), and (g),
respectively, of section 202 of such Act.
"(2) In the case of an individual who was entitled, without the
application of subsection (j)(1) of such section 202 [subsec.
(j)(1) of this section], to a child's insurance benefit under
subsection (d) of such section [subsec. (d) of this section] for
December 1956, such amendments shall apply with respect to benefits
under such section 202 [this section] for months after December
1956.
"(3) The amendment made by subsection (c) [amending this section]
shall apply in the case of benefits under section 202(h) of the
Social Security Act [subsec. (h) of this section] based on the
wages and self-employment income of an individual who dies after
August 1956."
Section 114(b) of act Aug. 1, 1956, ch. 836, provided that: "The
amendment made by subsection (a) [amending this section] shall
apply in the case of lump-sum death payments under title II of the
Social Security Act [this subchapter], and monthly benefits under
such title for months after August 1956, based on applications
filed after August 1956."
Section 118(b) of act Aug. 1, 1956, ch. 836, provided that: "The
amendment made by subsection (a) [amending this section] shall
apply in the case of monthly benefits under title II of the Social
Security Act [this subchapter] for months after December 1956 and
in the case of lump-sum death payments under section 202(i) of such
Act [subsec. (i) of this section] with respect to deaths occurring
after December 1956."

EFFECTIVE DATE OF 1954 AMENDMENT
Section 105(b) of act Sept. 1, 1954, provided that: "The
amendment made by subsection (a) [amending this section] shall be
applicable only in the case of applications for monthly benefits
under section 202 of the Social Security Act [this section] filed
after August 1954; except that no individual shall, by reason of
such amendment, be entitled to any benefit for any month prior to
February 1954."

EFFECTIVE DATE OF 1950 AMENDMENT
Section 101(b)(1), (3) of act Aug. 28, 1950, provided that:
"(1) Except as provided in paragraph (3), the amendment made by
subsection (a) of this section [amending this section] shall take
effect September 1, 1950.
"(3) Section 202(j)(2) of the Social Security Act [subsec. (j)(2)
of this section], as amended by this Act, shall take effect on the
date of enactment of this Act [Aug. 28, 1950]."

EFFECTIVE DATE OF 1946 AMENDMENT
Section 403(b) of act Aug. 10, 1946, provided that: "The
amendment made by subsection (a) of this section [amending this
section] shall be applicable only in cases of applications for
benefits under that Act filed after December 31, 1946."
Section 404(b) of act Aug. 10, 1946, provided that: "The
amendment made by subsection (a) of this section [amending this
section] shall be applicable only in cases where the death of the
insured individual occurs after December 31, 1946."
Subsec. 405(b) of act Aug. 10, 1946, provided that: "The
amendment made by subsection (a) of this section [amending this
section] shall be applicable only in cases of applications for
benefits under this title [this subchapter] filed after December
31, 1946."

EFFECTIVE DATE OF 1939 AMENDMENT
Section 201 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.

CONSTRUCTION OF 1994 AMENDMENTS
Section 7 of Pub. L. 103-387 provided that: "Until March 31,
1995, any reference in this Act [see Short Title of 1994 Amendments
note, set out under section 1 of Title 26, Internal Revenue Code]
(other than section 3(d) [108 Stat. 4075]) or any amendment made by
this Act to the Commissioner of Social Security shall be deemed a
reference to the Secretary of Health and Human Services."

PILOT STUDY OF EFFICACY OF PROVIDING INDIVIDUALIZED INFORMATION TO
RECIPIENTS OF OLD-AGE AND SURVIVORS INSURANCE BENEFITS
Section 106 of Pub. L. 104-121 provided that:
"(a) In General. - During a 2-year period beginning as soon as
practicable in 1996, the Commissioner of Social Security shall
conduct a pilot study of the efficacy of providing certain
individualized information to recipients of monthly insurance
benefits under section 202 of the Social Security Act [this
section], designed to promote better understanding of their
contributions and benefits under the social security system. The
study shall involve solely beneficiaries whose entitlement to such
benefits first occurred in or after 1984 and who have remained
entitled to such benefits for a continuous period of not less than
5 years. The number of such recipients involved in the study shall
be of sufficient size to generate a statistically valid sample for
purposes of the study, but shall not exceed 600,000 beneficiaries.
"(b) Annualized Statements. - During the course of the study, the
Commissioner shall provide to each of the beneficiaries involved in
the study one annualized statement, setting forth the following
information:
"(1) an estimate of the aggregate wages and self-employment
income earned by the individual on whose wages and self-
employment income the benefit is based, as shown on the records
of the Commissioner as of the end of the last calendar year
ending prior to the beneficiary's first month of entitlement;
"(2) an estimate of the aggregate of the employee and self-
employment contributions, and the aggregate of the employer
contributions (separately identified), made with respect to the
wages and self-employment income on which the benefit is based,
as shown on the records of the Commissioner as of the end of the
calendar year preceding the beneficiary's first month of
entitlement; and
"(3) an estimate of the total amount paid as benefits under
section 202 of the Social Security Act [this section] based on
such wages and self-employment income, as shown on the records of
the Commissioner as of the end of the last calendar year
preceding the issuance of the statement for which complete
information is available.
"(c) Inclusion With Matter Otherwise Distributed to
Beneficiaries. - The Commissioner shall ensure that reports
provided pursuant to this section are, to the maximum extent
practicable, included with other reports currently provided to
beneficiaries on an annual basis.
"(d) Report to the Congress. - The Commissioner shall report to
each House of the Congress regarding the results of the pilot study
conducted pursuant to this section not later than 60 days after the
completion of such study."

TREATMENT OF EMPLOYEES WHOSE FEDERAL EMPLOYMENT TERMINATED AFTER
MAKING ELECTION INTO SOCIAL SECURITY COVERAGE BUT BEFORE EFFECTIVE
DATE OF ELECTION
Section 8014(b) of Pub. L. 100-647 provided that: "Subsections
(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), and
(g)(4)(A)(i) of section 202 of the Social Security Act (42 U.S.C.
402(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i),
(g)(4)(A)(i)) shall not apply with respect to monthly periodic
benefits of any individual based solely on service which was
performed while in the service of the Federal Government if -
"(1) such person made, before January 1, 1988, an election
pursuant to law to become subject to the Federal Employees'
Retirement System provided in chapter 84 of title 5, United
States Code, or the Foreign Service Pension System provided in
subchapter II of chapter 8 of title I of the Foreign Service Act
of 1980 [22 U.S.C. 4071 et seq.] (or such person made such an
election on or after January 1, 1988, and before July 1, 1988,
pursuant to regulations of the Office of Personnel Management
relating to belated elections and correction of administrative
errors (5 CFR 846.204) as in effect on the date of the enactment
of this Act [Nov. 10, 1988]), and
"(2) such service terminated before the date on which such
election became effective."

MONTHLY PAYMENTS TO SURVIVING SPOUSE OF MEMBER OR FORMER MEMBER OF
ARMED FORCES WHERE SUCH PERSON HAS IN CARE A CHILD OF SUCH MEMBER;
AMOUNT, CRITERIA, ETC.
Pub. L. 97-377, title I, Sec. 156, Dec. 21, 1982, 96 Stat. 1920,
as amended by Pub. L. 98-94, title IX, Sec. 943, Sept. 24, 1983, 97
Stat. 654; Pub. L. 100-322, title III, Sec. 314, May 20, 1988, 102
Stat. 535; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat.
406, provided that:
"(a)(1) The head of the agency shall pay each month an amount
determined under paragraph (2) to a person -
"(A) who is the surviving spouse of a member or former member
of the Armed Forces described in subsection (c);
"(B) who has in such person's care a child of such member or
former member who has attained sixteen years of age but not
eighteen years of age and is entitled to a child's insurance
benefit under section 202(d) of the Social Security Act (42
U.S.C. 402(d)) for such month or who meets the requirements for
entitlement to the equivalent of such benefit provided under
section 1312(a) of title 38, United States Code; and
"(C) who is not entitled for such month to a mother's insurance
benefit under section 202(g) of the Social Security Act (42
U.S.C. 402(g)), or to the equivalent of such benefit based on
meeting the requirements of section 1312(a) of title 38, United
States Code, by reason of having such child (or any other child
of such member or former member) in her care.
"(2) A payment under paragraph (1) for any month shall be in the
amount of the mother's insurance benefit, if any, that such person
would receive for such month under section 202(g) of the Social
Security Act [subsec. (g) of this section] if such child were under
sixteen years of age, disregarding any adjustments made under
section 215(i) of the Social Security Act [section 415(i) of this
title] after August 1981. However, if such person is entitled for
such month to a mother's insurance benefit under section 202(g) of
such Act by reason of having the child of a person other than such
member or former member of the Armed Forces in such person's care,
the amount of the payment under the preceding sentence for such
month shall be reduced (but not below zero) by the amount of the
benefit payable by reason of having such child in such person's
care.
"(b)(1) The head of the agency shall pay each month an amount
determined under paragraph (2) to a person -
"(A) who is the child of a member or former member of the Armed
Forces described in subsection (c);
"(B) who has attained eighteen years of age but not twenty-two
years of age and is not under a disability as defined in section
223(d) of the Social Security Act (42 U.S.C. 423(d));
"(C) who is a full-time student at a postsecondary school,
college, or university that is an educational institution (as
such terms were defined in section 202(d)(7)(A) and (C) of the
Social Security Act [subsec. (d)(7)(A) and (C) of this section]
as in effect before the amendments made by section 2210(a) of the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95
Stat. 841)); and
"(D) who is not entitled for such month to a child's insurance
benefit under section 202(d) of the Social Security Act (42
U.S.C. 402(d)) or is entitled for such month to such benefit only
by reason of section 2210(c) of the Omnibus Budget Reconciliation
Act of 1981 (95 Stat. 842) [section 2210(c) of Pub. L. 97-35, set
out below].
"(2) A payment under paragraph (1) for any month shall be in the
amount that the person concerned would have been entitled to
receive for such month as a child's insurance benefit under section
202(d) of the Social Security Act [subsec. (d) of this section] (as
in effect before the amendments made by section 2210(a) of the
Omnibus Budget Reconciliation Act of 1981 (95 Stat. 841) [section
2210(a) of Pub. L. 97-35]), disregarding any adjustments made under
section 215(i) of the Social Security Act [section 415(i) of this
title] after August 1981, but reduced for any month by any amount
payable to such person for such month under section 2210(c) of the
Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842).
"(c) A member or former member of the Armed Forces referred to in
subsection (a) or (b) as described in this subsection is a member
or former member of the Armed Forces who died on active duty before
August 13, 1981, or died from a service-connected disability
incurred or aggravated before such date.
"(d)(1) The Secretary of Health and Human Services shall provide
to the head of the agency such information as the head of the
agency may require to carry out this section.
"(2) The head of the agency shall carry out this section under
regulations which the head of the agency shall prescribe. Such
regulations shall be prescribed not later than ninety days after
the date of the enactment of this section [Dec. 21, 1982].
"(e)(1) Unless otherwise provided by law -
"(A) each time after December 31, 1981, that an increase is
made by law in the dependency and indemnity compensation paid
under section 1311 of title 38, United States Code, the head of
the agency shall, at the same time and effective as of the same
date on which such increase takes effect, increase the benefits
paid under subsection (a) by a percentage that is equal to the
overall average (rounded to the nearest one-tenth of 1 per
centum) of the percentages by which each of the dependency and
indemnity compensation rates under section 1311 of such title are
increased above the rates as in effect immediately before such
increase; and
"(B) each time after December 31, 1981, that an increase is
made by law in the rates of educational assistance allowances
provided for under section 3531(b) of title 38, United States
Code, the head of the agency shall, at the same time and
effective as of the same date on which such increase takes
effect, increase the benefits paid under subsection (b) by a
percentage that is equal to the overall average (rounded to the
nearest one-tenth of 1 per centum) of the percentages by which
each of the educational assistance allowance rates provided for
under section 3531(b) of such title are increased above the rates
as in effect immediately before such increase.
"(2) The amount of the benefit payable to any person under
subsection (a) or (b) and the amount of any increase in any such
benefit made pursuant to clause (1) or (2) of this subsection, if
not a multiple of $1, shall be rounded to the next lower multiple
of $1.
"(f) Payments under subsections (a) and (b) shall be made only
for months after the month in which this section is enacted.
"(g)(1) During each fiscal year the Secretary of Defense shall
transfer from time to time to the head of the agency such amounts
as the head of the agency determines to be necessary to pay the
benefits provided for under subsections (a) and (b) during such
fiscal year and to pay the administrative expenses incurred in
paying such benefits during such fiscal year. During fiscal year
1983, transfers under this subsection shall be made from the
'Retired Pay, Defense' account of the Department of Defense. During
subsequent fiscal years, such transfers shall be made from such
account or from funds otherwise available to the Secretary for the
purpose of the payment of such benefits and expenses. The Secretary
of Defense may transfer funds under this subsection in advance of
the payment of benefits and expenses by the head of the agency.
"(2) The head of the agency shall establish on the books of the
agency over which he exercises jurisdiction a new account to be
used for the payment of benefits under subsections (a) and (b) and
shall credit to such account all funds transferred to him for such
purpose by the Secretary of Defense.
"(h) The head of the agency and the Secretary of Health and Human
Services may enter into an agreement to provide for the payment by
the Secretary or the head of the agency of benefits provided for
under subsection (a) and benefits provided for under section 202(g)
of the Social Security Act (42 U.S.C. 402(g)) in a single monthly
payment and for the payment by the Secretary or the head of the
agency of benefits provided for under subsection (b) and benefits
provided for under section 202(d) of the Social Security Act (42
U.S.C. 402(d)) in a single monthly payment, if the head of the
agency and the Secretary agree that such action would be
practicable and cost effective to the Government.
"(i) For the purposes of this section:
"(1) The term 'head of the agency' means the head of such
department or agency of the Government as the President shall
designate to administer the provisions of this section.
"(2) The terms 'active military, naval, or air service' and
'service-connected' have the meanings given those terms in
paragraphs (24) and (16), respectively, of section 101 of title
38, United States Code, except that for the purposes of this
section such terms do not apply to any service in the
commissioned corps of the Public Health Service or the National
Oceanic and Atmospheric Administration."

CHILD'S INSURANCE BENEFITS; CONTINUED ELIGIBILITY OF CERTAIN
INDIVIDUALS; LIMITATIONS
Section 2210(c) of Pub. L. 97-35 provided that:
"(1) Notwithstanding the provisions of section 202(d) of the
Social Security Act [subsec. (d) of this section] (as in effect
prior to or after the amendments made by subsection (a)), any
individual who -
"(A) has attained the age of 18;
"(B) is not under a disability (as defined in section 223(d) of
such Act) [section 423(d) of this title];
"(C) is entitled to a child's insurance benefit under such
section 202(d) [subsec. (d) of this section] for August 1981; and
"(D) is a full-time student at a postsecondary school, college,
or university that is an educational institution (as such terms
are defined in section 202(d)(7)(A) and (C) of such Act as in
effect prior to the amendments made by subsection (a)) for any
month prior to May 1982;
shall be entitled to a child's benefit under section 202(d) of such
Act in accordance with the provisions of such section as in effect
prior to the amendments made by subsection (a) for any month after
July 1981 and prior to August 1985 if such individual would be
entitled to such child's benefit for such month under such section
202(d) if subsections (a) and (b) of this section [amending subsec.
(d) of this section and enacting a provision set out as a note
under this section] had not been enacted, but such benefits shall
be subject to the limitations set forth in this subsection.
"(2) No benefit described in paragraph (1) shall be paid to an
individual to whom paragraph (1) applies for the months of May,
June, July, and August, beginning with benefits otherwise payable
for May 1982.
"(3) The amount of the monthly benefit payable under paragraph
(1) to an individual to whom paragraph (1) applies for any month
after July 1982 (prior to deductions on account of work required by
section 203 of such Act) [section 403 of this title] shall not
exceed the amount of the benefit to which such individual was
entitled for August 1981 (prior to deductions on account of work
required by section 203 of such Act), less an amount -
"(A) during the months after July 1982 and before August 1983,
equal to 25 percent of such benefit for August 1981;
"(B) during the months after July 1983 and before August 1984,
equal to 50 percent of such benefit for August 1981; and
"(C) during the months after July 1984 and before August 1985,
equal to 75 percent of such benefit for August 1981.
"(4) Any individual to whom the provisions of paragraph (1) apply
and whose entitlement to benefits under paragraph (1) ends after
July 1982 shall not subsequently become entitled, or reentitled, to
benefits under paragraph (1) or under section 202(d) of the Social
Security Act [subsec. (d) of this section] as in effect after the
amendments made by subsection (a) unless he meets the requirements
of section 202(d)(1)(B)(ii) of that Act as so in effect."

NONAPPLICABILITY OF AMENDMENTS BY SECTION 334 OF PUB. L. 95-216 TO
MONTHLY INSURANCE BENEFITS PAYABLE TO INDIVIDUALS ELIGIBLE FOR
MONTHLY PERIODIC BENEFITS; SAVINGS PROVISION
Section 334(g) of Pub. L. 95-216, as amended by Pub. L. 98-617,
Sec. 2(b)(1), Nov. 8, 1984, 98 Stat. 3294, provided that:
"(1) The amendments made by the preceding provisions of this
section [see section 334(f) of Pub. L. 95-216, set out as an
Effective Date of 1977 Amendment note above] shall not apply with
respect to any monthly insurance benefit payable, under subsection
(b), (c), (e), (f), or (g) (as the case may be) of section 202 of
the Social Security Act [this section], to an individual -
"(A)(i) to whom there is payable for any month within the 60-
month period beginning with the month in which this Act
[December 1977] is enacted (or who is eligible in any such month
for) a monthly periodic benefit (within the meaning of such
provisions) based upon such individual's earnings while in the
service of the Federal Government or any State (or political
subdivision thereof, as defined in section 218(b)(2) of the
Social Security Act) [section 418(b)(2) of this title], or (ii)
who would have been eligible for such a monthly periodic benefit
(within the meaning of paragraph (2)) before the close of such 60-
month period, except for a requirement which postponed
eligibility (as so defined) for such monthly periodic benefit
until the month following the month in which all other
requirements were met; and
"(B) who at time of application for or initial entitlement to
such monthly insurance benefit under such subsection (b), (c),
(e), (f), or (g) meets the requirements of that subsection as it
was in effect and being administered in January 1977.
"(2) For purposes of paragraph (1)(A), an individual is eligible
for a monthly periodic benefit for any month if such benefit would
be payable to such individual for that month if such individual
were not employed during that month and had made proper application
for such benefit.
"(3) If any provision of this subsection, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this section shall not be affected thereby, but the
application of this subsection to any other persons or
circumstances shall also be considered invalid."
[Section 2(b)(3) of Pub. L. 98-617 provided that: "The amendments
made by this subsection [amending above note and provisions set out
as an Offset Against Spouses' Benefits on Account of Public
Pensions note below] shall apply with respect to benefits payable
under title II of the Social Security Act [this subchapter] for
months beginning after the month of enactment of this Act [November
1984]."]

OFFSET AGAINST SPOUSES' BENEFITS ON ACCOUNT OF PUBLIC PENSIONS
Section 334(h) of Pub. L. 95-216, as added by Pub. L. 97-455,
Sec. 7(a)(1), Jan. 12, 1983, 96 Stat. 2501, and amended by Pub. L.
98-617, Sec. 2(b)(2), Nov. 8, 1984, 98 Stat. 3294, provided that:
"In addition, the amendments made by the preceding provisions of
this section [see section 334(f) of Pub. L. 95-216, set out as an
Effective Date of 1977 Amendment note above] shall not apply with
respect to any monthly insurance benefit payable, under subsection
(b), (c), (e), (f), or (g) (as the case may be) of section 202 of
the Social Security Act [this section], to an individual -
"(1)(A) to whom there is payable for any month prior to July
1983 (or who is eligible in any such month for) a monthly
periodic benefit (within the meaning of such provisions) based
upon such individual's earnings while in the service of the
Federal Government or any State (or political subdivision
thereof, as defined in section 218(b)(2) of the Social Security
Act [section 418(b)(2) of this title]), or (B) who would have
been eligible for such a monthly periodic benefit (within the
meaning of subsection (g)(2) [set out as a note above]) before
the close of June 1983, except for a requirement which postponed
eligibility (as so defined) for such monthly periodic benefit
until the month following the month in which all other
requirements were met; and
"(2) who at the time of application for or initial entitlement
to such monthly insurance benefit under such subsection (b), (c),
(e), (f), or (g) -
"(A) meets the dependency test of one-half support set forth
in paragraph (1)(C) of such subsection (c) as it read prior to
the enactment of the amendments made by this section [see
section 334(f) of Pub. L. 95-216, set out as an Effective Date
of 1977 Amendment note above], or an equivalent dependency test
(if the individual is a woman), in the case of an individual
applying for or becoming entitled to benefits under such
subsection (b) or (c), or
"(B) meets the dependency test of one-half support set forth
in paragraph (1)(D) of such subsection (f) as it read prior to
the enactment of the amendments made by this section, or an
equivalent dependency test (if the individual is a woman), in
the case of an individual applying for or becoming entitled to
benefits under such subsection (e), (f), or (g)."

REDETERMINATION OF WIDOW'S AND WIDOWER'S MONTHLY INSURANCE BENEFITS
FOR MONTHS AFTER DECEMBER 1978
Section 336(c)(2) of Pub. L. 95-216 provided that: "In the case
of an individual who was entitled for the month of December 1978 to
monthly insurance benefits under subsection (e) or (f) of section
202 of the Social Security Act [subsec. (e) or (f) of this section]
to which the provisions of subsection (e)(4) or (f)(5) applied, the
Secretary shall, if such benefits would be increased by the
amendments made by this section [amending this section] redetermine
the amount of such benefits for months after December 1978 as if
such amendments had been in effect for the first month for which
the provisions of section 202(e)(4) or 202(f)(5) became
applicable."

MINIMUM MONTHLY INSURANCE BENEFITS FOR MONTHS AFTER DECEMBER 1978,
FOR WIDOW OR WIDOWER AND OTHER JOINTLY ENTITLED INDIVIDUALS
Section 336(d) of Pub. L. 95-216 provided that: "Where -
"(1) two or more persons are entitled to monthly benefits under
section 202 of the Social Security Act [this section] for
December 1978 on the basis of the wages and self-employment
income of a deceased individual, and one or more of such persons
is so entitled under subsection (e) or (f) of such section 202
[subsec. (e) or (f) of this section], and
"(2) one or more of such persons is entitled on the basis of
such wages and self-employment income to monthly benefits under
subsection (e) or (f) of such section 202 (as amended by this
section) for January 1979, and
"(3) the total of benefits to which all persons are entitled
under section 202 of such Act on the basis of such wages and self-
employment income for January 1979 is reduced by reason of
section 203(a) of such Act as amended by this Act [section 403(a)
of this title] (or would, but for the first sentence of section
203(a)(4), be so reduced),
then the amount of the benefit to which each such person referred
to in paragraph (1) is entitled for months after December 1978
shall in no case be less after the application of this section [see
section 336(c)(1) of Pub. L. 95-216, set out as an Effective Date
of 1977 Amendment note under this section] and such section 203(a)
[section 403(a) of this title] than the amount it would have been
without the application of this section."

TERMINATION OF SPECIAL $50 PAYMENTS UNDER TAX REDUCTION ACT OF 1975
Pub. L. 95-30, title IV, Sec. 406, May 23, 1977, 91 Stat. 156,
provided that: "Notwithstanding the provisions of section 702(a) of
the Tax Reduction Act of 1975 [see Pub. L. 94-12, Sec. 702, set out
as a note under this section], no payment shall, after the date of
the enactment of this Act [May 23, 1977], be made under that
section."

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975
Pub. L. 94-12, title VII, Sec. 702, Mar. 29, 1975, 89 Stat. 66,
provided that the Secretary of the Treasury, at the earliest
practicable date after Mar. 29, 1975, make a $50 payment to each
individual, who for the month of March, 1975, was entitled, without
regard to section 402(j)(1) or 423(b) of this title or section
231d(a)(ii) of Title 45, Railroads, to a monthly insurance benefit
payable under this subchapter, a monthly annuity or pension payment
under the Railroad Retirement Act of 1935, the Railroad Retirement
Act of 1937, or the Railroad Retirement Act of 1974, or a benefit
under the supplemental security income benefits program under
subchapter XVI of this title, except that payment be made only to
individuals who were paid a benefit for March 1975 in a check
issued no later than Aug. 31, 1975, that no payment be made to any
individual who is not a resident of the United States as defined in
section 410(i) of this title, and if an individual is entitled
under two or more programs, this individual receive only one $50
payment, and that this payment received not be considered as
income, or for the calendar year 1975, as a resource, for purposes
of any Federal or State program which undertakes to furnish aid or
assistance to individuals or families, where eligibility for the
program is based upon need of the individual or family involved or
as income for federal income tax purposes.

MARCH THROUGH MAY 1974 MONTHLY INSURANCE BENEFIT FOR ONLY
INDIVIDUAL ENTITLED TO BENEFIT ON BASIS OF WAGES AND
SELF-EMPLOYMENT INCOME OF DECEASED INDIVIDUAL
Section 1(i) of Pub. L. 93-233 provided that: "In the case of an
individual to whom monthly benefits are payable under title II of
the Social Security Act [this subchapter] for February 1974
(without the application of section 202(j)(1) or 223(b) of such Act
[subsec. (j)(1) of this section or section 423(b) of this title]),
and to whom section 202(m) of such Act [subsec. (m) of this
section] is applicable for such month, such section shall continue
to be applicable to such benefits for the months of March through
May 1974 for which such individual remains the only individual
entitled to a monthly benefit on the basis of the wages and self-
employment income of the deceased insured individual."

COST-OF-LIVING INCREASE IN SOCIAL SECURITY BENEFITS; EFFECTIVE
DATE; CONSUMER PRICE INDEX PERCENTAGE
Section 201 of Pub. L. 93-66, as amended by Pub. L. 93-233, Sec.
1(a)-(e), Dec. 30, 1973, 87 Stat. 947, provided that:
"(a)(1) The Secretary of Health, Education, and Welfare [now
Health and Human Services] (hereinafter in this section referred to
as the 'Secretary') shall, in accordance with the provisions of
this section, increase the monthly benefits and lump-sum death
payments payable under title II of the Social Security Act [this
subchapter] by 7 per centum.
"(2) The provisions of this section (and the increase in benefits
made hereunder) shall be effective, in the case of monthly benefits
under title II of the Social Security Act [this subchapter] only
for months after February 1974 and prior to June 1974, and, in the
case of lump-sum death payments under such title [this subchapter],
only with respect to deaths which occur after February 1974 and
prior to June 1974.
"(b) The increase in social security benefits authorized under
this section shall be provided, and any determinations by the
Secretary in connection with the provision of such increase in
benefits shall be made, in the manner prescribed in section 215(i)
of the Social Security Act [section 415(i) of this title] for the
implementation of cost-of-living increases authorized under title
II of such Act [this subchapter] except that -
"(1) the amount of such increase shall be 7 per centum,
"(2) in the case of any individual entitled to monthly
insurance benefits payable pursuant to section 202(e) of such Act
[subsec. (e) of this section] for February 1974 (without the
application of section 202(j)(1) or 223(b) of such Act [subsec.
(j)(1) of this section or section 423(f) of this title]),
including such benefits based on a primary insurance amount
determined under section 215(a)(3) of such Act [section 415(a)(3)
of this title] as amended by this section, such increase shall be
determined without regard to paragraph (2)(B) of such section
202(e), and
"(3) in the case of any individual entitled to monthly
insurance benefits payable pursuant to section 202(f) of such Act
for February 1974 (without the application of section 202(j)(1)
or 223(b) of such Act), including such benefits based on a
primary insurance amount determined under section 215(a)(3) of
such Act as amended by this section, such increase shall be
determined without regard to paragraph (3)(B) of such section
202(f).
"(c) The increase in social security benefits provided by this
section shall -
"(1) not be considered to be an increase in benefits made under
or pursuant to section 215(i) of the Social Security Act [section
415(i) of this title], and
"(2) not (except for purposes of section 203(a)(2) of such Act
[section 403(a)(2) of this title], as in effect after February
1974) be considered to be a 'general benefit increase under this
title' [this subchapter] (as such term is defined in section
215(i)(3) of such Act) [section 415(i)(3) of this title];
and nothing in this section shall be construed as authorizing any
increase in the 'contribution and benefit base' (as that term is
employed in section 230 of such Act) [section 430 of this title],
or any increase in the 'exempt amount' (as such term is used in
section 203(f)(8) of such Act [section 403(f)(8) of this title]).
"(d) Nothing in this section shall be construed to authorize
(directly or indirectly) any increase in monthly benefits under
title II of the Social Security Act [this subchapter] for any month
after May 1974, or any increase in lump-sum death payments payable
under such title in the case of deaths occurring after May 1974.
The recognition of the existence of the increase in benefits
authorized by the preceding subsections of this section (during the
period it was in effect) in the application, after May 1974, of the
provisions of sections 202(q) and 203(a) of such Act [subsec. (q)
of this section and section 403(a) of this title] shall not, for
purposes of the preceding sentence, be considered to be an increase
in a monthly benefit for a month after May 1974."

REDETERMINATION OF WIDOW'S AND WIDOWER'S BENEFITS FOR DECEMBER 1972
AND AFTER TO PROVIDE FOR 1972 INCREASES
Section 102(g) of Pub. L. 92-603 provided that:
"(1) In the case of an individual who is entitled to widow's or
widower's insurance benefits for the month of December 1972 the
Secretary shall, if it would increase such benefits, redetermine
the amount of such benefits for months after December 1972 under
title II of the Social Security Act [this subchapter] as if the
amendments made by this section [amending this section and section
403 of this title] had been in effect for the first month of such
individual's entitlement to such benefits.
"(2) For purposes of paragraph (1) -
"(A) any deceased individual on whose wages and self-employment
income the benefits of an individual referred to in paragraph (1)
are based, shall be deemed not to have been entitled to benefits
if the record, of insured individuals who were entitled to
benefits, that is readily available to the Secretary contains no
entry for such deceased individual; and
"(B) any deductions under subsections (b) and (c) of section
203 of such Act [section 403 of this title], applicable to the
benefits of an individual referred to in paragraph (1) for any
month prior to September 1965, shall be disregarded in applying
the provisions of section 202(q)(7) of such Act [subsec. (q)(7)
of this section] (as amended by this Act) [Pub. L. 92-603]."

ADJUSTMENT OF BENEFITS BASED ON DISABILITY WHICH BEGAN BETWEEN AGE
18 AND 22
Section 108(g) of Pub. L. 92-603 provided that: "Where -
"(1) one or more persons are entitled (without the application
of sections 202(j)(1) and 223(b) of the Social Security Act)
[subsec. (j)(1) of this section and section 423(b) of this title]
to monthly benefits under section 202 or 223 of such Act for
December 1972 on the basis of the wages and self-employment
income of an insured individual, and
"(2) one or more persons (not included in paragraph (1)) are
entitled to monthly benefits under such section 202 or 223 [this
section or section 423 of this title] for January 1973 solely by
reason of the amendments made by this section on the basis of
such wages and self-employment income, and
"(3) the total of benefits to which all persons are entitled
under such sections 202 and 223 [this section and section 423 of
this title] on the basis of such wages and self-employment income
for January 1973 is reduced by reason of section 203(a) of such
Act [section 403(a) of this title] as amended by this Act, or
would, but for the penultimate sentence of such section 203(a),
be so reduced),
then the amount of the benefit to which each person referred to in
paragraph (1) of this subsection is entitled for months after
December 1972 shall be adjusted, after the application of such
section 203(a) [section 403(a) of this title], to an amount no less
than the amount it would have been if the person or persons
referred to in paragraph (2) of this subsection were not entitled
to a benefit referred to in such paragraph (2)."

TERMINATION OF CHILD'S INSURANCE BENEFITS BY REASON OF ADOPTION
Section 112(c) of Pub. L. 92-603 provided that: "Any child -
"(1) whose entitlement to child's insurance benefits under
section 202(d) of the Social Security Act [subsec. (d) of this
section] was terminated by reason of his adoption, prior to the
date of the enactment of this Act [Oct. 30, 1972], and
"(2) who, except for such adoption, would be entitled to
child's insurance benefits under such section for a month after
the month in which this Act is enacted [October 1972],
may, upon filing application for child's insurance benefits under
the Social Security Act after the date of enactment of this Act,
become reentitled to such benefits; except that no child shall, by
reason of the enactment of this section, become reentitled to such
benefits for any month prior to the month after the month in which
this Act is enacted."

SAVINGS PROVISION
1972 - Section 102(h) of Pub. L. 92-603 provided that: "Where -
"(1) two or more persons are entitled to monthly benefits under
section 202 of the Social Security Act [this section] for
December 1972 on the basis of the wages and self-employment
income of a deceased individual, and one or more of such persons
is so entitled under subsection (e) or (f) of such section 202,
and
"(2) one or more of such persons is entitled on the basis of
such wages and self-employment income to monthly benefits under
subsection (e) or (f) of such section 202 (as amended by this
section) for January 1973, and
"(3) the total of benefits to which all persons are entitled
under section 202 of such Act [this section] on the basis of such
wages and self-employment income for January 1973 is reduced by
reason of section 203(a) of such Act [section 403(a) of this
title], as amended by this Act (or would, but for the penultimate
sentence of such section 203(a), be so reduced),
then the amount of the benefit to which each such person referred
to in paragraph (1) is entitled for months after December 1972
shall in no case be less after the application of this section and
such section 203(a) than the amount it would have been without the
application of this section."

Section 114(e) of Pub. L. 92-603 provided that: "Where -
"(1) one or more persons are entitled (without the application
of sections 202(j)(1) and 223(b) of the Social Security Act)
[subsec. (j)(1) of this section and section 423(b) of this title]
to monthly benefits under section 202 or 223 of such Act for
December 1972 on the basis of the wages and self-employment
income of an insured individual, and
"(2) one or more persons (not included in paragraph (1)) are
entitled to monthly benefits under such section 202(g) as a
surviving divorced mother (as defined in section 216(d)(3)
[section 416(d)(3) of this title]) for a month after December
1972 on the basis of such wages and self-employment income, and
"(3) the total of benefits to which all persons are entitled
under such section 202 and 223 [this section and section 423 of
this title] on the basis of such wages and self-employment income
for any month after December 1972 is reduced by reason of section
203(a) of such Act [section 403(a) of this title] as amended by
this Act (or would, but for the penultimate sentence of such
section 203(a), be so reduced)
then the amount of the benefit to which each person referred to in
paragraph (1) of this subsection is entitled beginning with the
first month after December 1972 for which any person referred to in
paragraph (2) becomes entitled shall be adjusted, after the
application of such section 203(a), to an amount no less than the
amount it would have been if the person or persons referred to in
paragraph (2) of this subsection were not entitled to a benefit
referred to in such paragraph (2)."
1961 - Section 104(f) of Pub. L. 87-64 provided that: "Where -
"(1) two or more persons were entitled (without the application
of subsection (j)(1) of section 202 of the Social Security Act
[subsec. (j)(1) of this section]) to monthly benefits under such
section 202 for the last month beginning before the effective
date of this title [see Effective Date of 1961 Amendment note set
out above] on the basis of the wages and self-employment income
of a deceased individual, and one or more of such persons is
entitled to a monthly insurance benefit under subsection (e),
(f), or (h) of such section 202 for such last month; and
"(2) no person, other than the persons referred to in paragraph
(1) of this subsection, is entitled to benefits under such
section 202 on the basis of such individual's wages and self-
employment income for a subsequent month or for any month after
such last month and before such subsequent month; and
"(3) the total of the benefits to which all persons are
entitled under such section 202 on the basis of such individual's
wages and self-employment income for such subsequent month is
reduced by reason of the application of section 203(a) of such
Act [section 403(a) of this title],
then the amount of the benefit to which each such person referred
to in paragraph (1) of this subsection is entitled for such
subsequent month shall be determined without regard to this Act if,
after the application of this Act, such benefit for such month is
less than the amount of such benefit for such last month. The
preceding provisions of this subsection shall not apply to any
monthly benefit of any person for any month beginning after the
effective date of this title [see Effective Date note of 1961
Amendment note set out above] unless paragraph (3) also applies to
such benefit for the month beginning on such effective date (or
would so apply but for the next to the last sentence of section
203(a) of the Social Security Act)."
1960 - Section 208(e) of Pub. L. 86-778 provided that: "Where -
"(1) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [subsec. (j)(1)
of this section]) to monthly benefits under section 202 of such
Act for the month before the month in which this Act is enacted
[September 1960] on the basis of the wages and self-employment
income of an individual; and
"(2) any person is entitled to benefits under subsection (b),
(c), (d), (e), (f), or (g) of section 202 of the Social Security
Act for any subsequent month on the basis of such individual's
wages and self-employment income and such person would not be
entitled to such benefits but for the enactment of this section;
and
"(3) the total of the benefits to which all persons are
entitled under section 202 of the Social Security Act on the
basis of such individual's wages and self-employment income for
such subsequent month is reduced by reason of the application of
section 203(a) of such Act [section 403(a) of this title],
then the amount of the benefit to which each person referred to in
paragraph (1) of this subsection is entitled for such subsequent
month shall not, after the application of such section 203(a), be
less than the amount it would have been (determined without regard
to section 301 [section 501 of this title]) if no person referred
to in paragraph (2) of this subsection was entitled to a benefit
referred to in such paragraph for such subsequent month on the
basis of such wages and self-employment income of such individual."

Section 301(c) of Pub. L. 86-778 provided that: "Where -
"(1) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [subsec. (j)(1)
of this section]) to monthly benefits under section 202 of such
Act for the second month following the month in which this Act is
enacted [September 1960] on the basis of the wages and self-
employment income of a deceased individual (but not including
any person who became so entitled by reason of section 208 of
this Act [section 408 of this title]); and
"(2) no person, other than (i) those persons referred to in
paragraph (1) of this subsection (ii) those persons who are
entitled to benefits under section 202(d), (e), (f), or (g) of
the Social Security Act but would not be so entitled except for
the enactment of section 208 of this Act [section 408 of this
title], is entitled to benefits under such section 202 [this
section] on the basis of such individual's wages and self-
employment income for any subsequent month or for any month
after the second month following the month in which this Act is
enacted [September 1960] and prior to such subsequent month; and
"(3) the total of the benefits to which all persons referred to
in paragraph (1) of this subsection are entitled under section
202 of the Social Security Act on the basis of such individual's
wages and self-employment income for such subsequent month
exceeds the maximum of benefits payable, as provided in section
203(a) of such Act [section 403(a) of this title], on the basis
of such wages and self-employment income,
then the amount of the benefit to which each such person referred
to in paragraph (1) of this subsection is entitled for such
subsequent month shall be determined -
"(4) in case such person is entitled to benefits under section
202(e), (f), (g), or (h), as though this section and section 208
[section 408 of this title] had not been enacted, or
"(5) in case such person is entitled to benefits under section
202(d), as though (i) no person is entitled to benefits under
section 202(e), (f), (g), or (h) for such subsequent month, and
(ii) the maximum of benefits payable, as described in paragraph
(3), is such maximum less the amount of each person's benefit for
such month determined pursuant to paragraph (4)."
1958 - Section 304(b) of Pub. L. 85-840 provided that: "Where -
"(1) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [subsec. (j)(1)
of this section]) to monthly benefits under section 202 of such
Act for the month in which this Act is enacted [August 1958] on
the basis of the wages and self-employment income of an
individual; and
"(2) a person is entitled to a parent's insurance benefit under
section 202(h) of the Social Security Act for any subsequent
month on the basis of such wages and self-employment income and
such person would not be entitled to such benefit but for the
enactment of this section; and
"(3) the total of the benefits to which all persons are
entitled under section 202 of the Social Security Act on the
basis of such wages and self-employment income for such
subsequent month are reduced by reason of the application of
section 203(a) of such Act [section 403(a) of this title].
then the amount of the benefit to which each such person referred
to in paragraph (1) of this subsection is entitled for such
subsequent month shall be increased, after the application of such
section 203(a), to the amount it would have been if no person
referred to in paragraph (2) of this subsection was entitled to a
parent's insurance benefit for such subsequent month on the basis
of such wages and self-employment income."
1957 - Section 5 of Pub. L. 85-238 provided that: "Where -
"(a) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [subsec. (j)(1)
of this section]) to parent's insurance benefits under section
202(h) of such Act for the month in which this Act [August 1957]
is enacted on the basis of the wages and self-employment income
of an individual;
"(b) a person becomes entitled to a widow's, widower's or
mother's insurance benefit under section 202(e), (f), or (g) of
the Social Security Act for any subsequent month on the basis of
such wages and self-employment income;
"(c) the total of the benefits to which all persons are
entitled under section 202 of the Social Security Act, on the
basis of such wages and self-employment income for such
subsequent month are reduced by reason of the application of
section 203(a) of such Act [section 403(a) of this title];
then the amount of the benefit to which each such person referred
to in paragraph (a) or (b) is entitled for such subsequent month
shall be increased, after the application of such section 203(a),
to the amount it would have been -
"(d) if, in the case of a parent's insurance benefit, the
person referred to in paragraph (b) was not entitled to the
benefit referred to in such paragraph, or
"(e) if, in the case of a benefit referred to in paragraph (b),
no person was entitled to a parent's insurance benefit for such
subsequent month on the basis of such wages and self-employment
income."

FILING OF PROOF OF SUPPORT
1968 - Section 157(c) of Pub. L. 90-248 provided that: "In the
case of any husband who would not be entitled to husband's
insurance benefits under section 202(c) of the Social Security Act
[subsec. (c) of this section] or any widower who would not be
entitled to widower's insurance benefits under section 202(f) of
such Act except for the enactment of this section, the requirement
in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the
time within which proof of support must be filed shall not apply if
such proof of support is filed within two years after the month
following the month in which this Act is enacted [January 1968]."
1961 - Section 103(c) of title I of Pub. L. 87-64 provided that:
"In the case of any widower or parent who would not be entitled to
widower's insurance benefits under section 202(f) [subsec. (f) of
this section], or parent's insurance benefits under section 202(h),
of the Social Security Act except for the enactment of this Act
(other than this subsection), the requirement in sections
202(f)(1)(D) and 202(h)(1)(B), respectively, of the Social Security
Act relating to the time within which proof of support must be
filed shall not apply if such proof of support is filed before the
close of the 2-year period which begins on the effective date of
this title [see Effective Date of 1961 Amendment note set out
above]."
1958 - Section 207(b) of Pub. L. 85-840 provided that: "In the
case of any husband, widower, or parent who would not be entitled
to benefits under section 202(c), section 202(f), and section
202(h), respectively, of the Social Security Act [subsecs. (c),
(f), and (h) of this section] except for the enactment of section
205 of this Act [amending this section and sections 401, 403, 414,
415, 422, and 425 of this title], the requirement in such section
202(c), section 202(f), or section 202(h), as the case may be, that
proof of support be filed within a two-year period shall not apply
if such proof is filed within two years after the month in which
this Act is enacted [August 1958]."

Section 304(c) of Pub. L. 85-840 provided that: "In the case of
any parent who would not be entitled to parent's benefits under
section 202(h) of the Social Security Act [subsec. (h) of this
section] except for the enactment of this section, the requirement
in such section 202(h) that proof of support be filed within two
years of the date of death of the insured individual referred to
therein shall not apply if such proof is filed within the two-year
period beginning with the first day of the month after the month in
which this Act is enacted [August 1958]."
1954 - Section 113 of act Sept. 1, 1954, provided that:
"(a) For the purpose of determining the entitlement of any
individual to husband's insurance benefits under subsection (c) of
section 202 of the Social Security Act [subsec. (c) of this
section] on the basis of his wife's wages and self-employment
income, the requirements of paragraph (1)(D) of such subsection
shall be deemed to be met if -
"(1) such individual was receiving at least one-half of his
support, as determined in accordance with regulations prescribed
by the Secretary of Health, Education, and Welfare, from his wife
on the first day of the first month (A) for which she was
entitled to a monthly benefit under subsection (a) of such
section 202, and (B) in which an event described in paragraph (1)
or (2) of section 203(b) of such Act [section 403(b) of this
title] (as in effect before or after the enactment of this Act
[Sept. 1, 1954]) did not occur.
"(2) such individual has filed proof of such support within two
years after such first month, and
"(3) such wife was, without the application of subsection
(j)(1) of such section 202, entitled to a primary insurance
benefit under such Act for August 1950.
"(b) For the purpose of determining the entitlement of any
individual to widower's insurance benefits under subsection (f) of
section 202 of the Social Security Act on the basis of his deceased
wife's wages and self-employment income, the requirements of
paragraph (1)(E)(ii) of such subsection shall be deemed to be met
if -
"(1) such individual was receiving at least one-half of his
support, as determined in accordance with regulations prescribed
by the Secretary of Health, Education, and Welfare, from his
wife, and she was a currently insured individual, on the first
day of the first month (A) for which she was entitled to a
monthly benefit under subsection (a) of such section 202, and (B)
in which an event described in paragraph (1) or (2) of section
203(b) of such Act (as in effect before or after the enactment of
this Act [Sept. 1, 1954]) did not occur.
"(2) such individual has filed proof of such support within two
years after such first month, and
"(3) such wife was, without the application of subsection
(j)(1) of such section 202, entitled to a primary insurance
benefit under such Act for August 1950.
"(c) For purposes of subsection (b)(1) of this section, and for
purposes of section 202(c)(1) of the Social Security Act in cases
to which subsection (a) of this section is applicable, the wife of
an individual shall be deemed a currently insured individual if she
had not less than six quarters of coverage (as determined under
section 213 of the Social Security Act) [section 413 of this title]
during the thirteen-quarter period ending with the calendar quarter
in which occurs the first month (1) for which such wife was
entitled to a monthly benefit under section 202(a) of such Act, and
(2) in which an event described in paragraph (1) or (2) of section
203(b) of such Act (as in effect before or after the enactment of
this Act [Sept. 1, 1954]) did not occur.
"(d) This section shall apply only with respect to husband's
insurance benefits under section 202(c) of the Social Security Act
[subsec. (c) of this section], and widower's insurance benefits
under section 202(f) of such Act [subsec. (f) of this section], for
months after August 1954, and only with respect to benefits based
on applications filed after such month."
1950 - Section 101(c) of act Aug. 28, 1950, provided that:
"(1) Any individual entitled to primary insurance benefits or
widow's current insurance benefits under section 202 of the Social
Security Act [this section] as in effect prior to its amendment by
this Act who would, but for the enactment of this Act, be entitled
to such benefits for September 1950 shall be deemed to be entitled
to old-age insurance benefits or mother's insurance benefits (as
the case may be) under section 202 of the Social Security Act, as
amended by this Act, as though such individual became entitled to
such benefits in such month.
"(2) Any individual entitled to any other monthly insurance
benefits under section 202 of the Social Security Act as in effect
prior to its amendment by this Act who would, but for the enactment
of this Act, be entitled to such benefits for September 1950 shall
be deemed to be entitled to such benefits under section 202 of the
Social Security Act, as amended by this Act, as though such
individual became entitled to such benefits in such month.
"(3) Any individual who files application after August 1950 for
monthly benefits under any subsection of section 202 of the Social
Security Act who would, but for the enactment of this Act, be
entitled to benefits under such subsection (as in effect prior to
such enactment) for any month prior to September 1950 shall be
deemed entitled to such benefits for such month prior to September
1950 to the same extent and in the same amounts as though this Act
had not been enacted."

EXTENSION OF FILING PERIOD FOR HUSBAND'S, WIDOWER'S, OR PARENT'S
BENEFITS IN CERTAIN CASES
Section 210 of Pub. L. 86-778 provided that:
"(a) In the case of any husband who would not be entitled to
husband's insurance benefits under section 202(c) of the Social
Security Act [subsec. (c) of this section] except for the enactment
of this Act, the requirement in section 202(c)(1)(C) of the Social
Security Act relating to the time within which proof of support
must be filed shall not apply if such proof of support is filed
within two years after the month in which this Act is enacted
[September 1960].
"(b) In the case of any widower who would not be entitled to
widower's insurance benefits under section 202(f) of the Social
Security Act except for the enactment of this Act, the requirement
in section 202(f)(1)(D) of the Social Security Act relating to the
time within which proof of support must be filed shall not apply if
such proof of support is filed within two years after the month in
which this Act is enacted.
"(c) In the case of any parent who would not be entitled to
parent's insurance benefits under section 202(h) of the Social
Security Act except for the enactment of this Act, the requirement
in section 202(h)(1)(B) of the Social Security Act relating to the
time within which proof of support must be filed shall not apply if
such proof of support is filed within two years after the month in
which this Act is enacted."

DISREGARDING OASDI BENEFIT INCREASES AND CHILD'S INSURANCE BENEFIT
PAYMENTS BEYOND AGE 18 TO THE EXTENT ATTRIBUTABLE TO RETROACTIVE
EFFECTIVE DATE OF 1965 AMENDMENTS
Authorization to disregard, in determining need for aid or
assistance under an approved State plan, amounts paid under this
subchapter for months occurring after December 1964 and before
October 1965 to the extent to which payment is attributable to the
payment of child's insurance benefits under the old-age, survivors,
and disability insurance system after attainment of age 18, in the
case of individuals attending school, resulting from enactment of
section 306 of Pub. L. 89-97, see section 406 of Pub. L. 89-97, set
out as a note under section 415 of this title.

LUMP-SUM PAYMENTS WHERE DEATH OCCURRED PRIOR TO SEPTEMBER 1, 1950
Section 101(d) of act Aug. 28, 1950, as amended July 18, 1952,
ch. 945, Sec. 5(e)(1), 66 Stat. 775; Sept. 13, 1960, Pub. L. 86-
778, title I, Sec. 103(a)(2), 74 Stat. 936, provided that: "Lump-
sum death payments shall be made in the case of individuals who
died prior to September 1950 as though this Act had not been
enacted; except that in the case of any individual who died outside
the forty-eight States and the District of Columbia after December
6, 1941, and prior to August 10, 1946, the last sentence of section
202(g) of the Social Security Act [subsec. (g) of this section] as
in effect prior to the enactment of this Act shall not be
applicable if application for a lump-sum death payment is filed
prior to September 1952, and except that in the case of any
individual who died outside the forty-eight States and the District
of Columbia on or after June 25, 1950, and prior to September 1950,
whose death occurred while he was in the active military or naval
service of the United States, and who is returned to any of such
States, the District of Columbia, Alaska, Hawaii, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, or American Samoa for
interment or reinterment, the last sentence of section 202(g) of
the Social Security Act as in effect prior to the enactment of this
Act [July 18, 1952] shall not prevent payment to any person under
the second sentence thereof if application for a lump-sum death
payment under such section with respect to such deceased individual
is filed by or on behalf of such person (whether or not legally
competent) prior to the expiration of two years after the date of
such interment or reinterment."

LUMP-SUM PAYMENTS FOR DEATHS BEFORE 1940; TIME LIMITATION
Lump-sum payments of 3 1/2 percent of total wages paid with
respect to employment after Dec. 31, 1936 and before reaching the
age of 65 were provided for persons who were not qualified
individuals upon reaching that age by section 204 of act Aug. 14,
1935, before amendment in 1939. Such lump-sum payments, except to
the estate of an individual who died prior to Jan. 1, 1940, were
prohibited after Aug. 10, 1939, by section 902(g) of act Aug. 10,
1939. Section 415 of act Aug. 10, 1946, provided that no lump-sum
payments shall be made under section 204 of the 1935 act or section
902(g) of the 1939 act unless application therefor has been filed
prior to the expiration of six months after Aug. 10, 1946.

DEATH OUTSIDE U.S.; EXTENSION OF FILING TIME FOR LUMP-SUM PAYMENTS
Section 5(e)(2) of act July 18, 1952, ch. 945, 66 Stat. 775, as
amended by Pub. L. 86-778, title I, Sec. 103(a)(2), Sept. 13, 1960,
74 Stat. 936, provided that: "In the case of any individual who
died outside the forty-eight States and the District of Columbia
after August 1950 and prior to January 1954, whose death occurred
while he was in the active military or naval service of the United
States, and who is returned to any of such States, the District of
Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, or American Samoa for interment or
reinterment, the last sentence of section 202(i) of the Social
Security Act [subsec. (i) of this section] shall not prevent
payment to any person under the second sentence thereof if
application for a lump-sum death payment with respect to such
deceased individual is filed under such section by or on behalf of
such person (whether or not legally competent) prior to the
expiration of two years after the date of such interment or
reinterment."

PAYMENT OF ANNUITIES TO OFFICERS AND EMPLOYEES OF THE UNITED STATES
CONVICTED OF CERTAIN OFFENSES
Section 121(b) of act Aug. 1, 1956, ch. 836, provided that: "The
amendment made by subsection (a) of this section [amending this
section] shall not be construed to restrict or otherwise affect any
of the provisions of the Act entitled 'An Act to prohibit payments
of annuities to officers and employees of the United States
convicted of certain offenses, and for other purposes', approved
September 1, 1954 (Public Law 769, Eighty-third Congress) [sections
2281 to 2288 of former Title 5, Executive Departments and
Government Officers and Employees, and are covered by section 8311
et seq. of Title 5, Government Organization and Employees]."

APPLICATION FOR BENEFITS BY SURVIVORS OF MEMBERS AND FORMER MEMBERS
OF UNIFORMED SERVICES
Forms for use by survivors of members and former members of the
uniformed services in filing applications for benefits under this
subchapter to be prescribed jointly by the Secretary of Veterans
Affairs and the Secretary of Health and Human Services, see section
5105 of Title 38, Veterans' Benefits.

PAYMENTS OF ALIENS' BENEFITS WITHHELD UNDER FOREIGN DELIVERY
RESTRICTION OF CHECKS AGAINST FEDERAL FUNDS
Section 162(c)(3) of Pub. L. 90-248 provided that: "Whenever
benefits which an individual who is not a citizen or national of
the United States was entitled to receive under title II of the
Social Security Act [this subchapter] are, on June 30, 1968, being
withheld by the Treasury Department under the first section of the
Act of October 9, 1940 (31 U.S.C. 123) [31 U.S.C. 3329(a) and
3330(a)], any such benefits, payable to such individual for months
after the month in which the determination by the Treasury
Department that the benefits should be so withheld was made, shall
not be paid -
"(A) to any person other than such individual, or, if such
individual dies before such benefits can be paid, to any person
other than an individual who was entitled for the month in which
the deceased individual died (with the application of section
202(j)(1) of the Social Security Act [subsec. (j)(1) of this
section]) to a monthly benefit under title II of such Act [this
subchapter] on the basis of the same wages and self-employment
income as such deceased individual, or
"(B) in excess of the equivalent of the last twelve months'
benefits that would have been payable to such individual."

STUDY OF RETIREMENT TEST AND OF DRUG STANDARDS AND COVERAGE
Section 405 of Pub. L. 90-248 authorized the Secretary of Health,
Education, and Welfare to make a study of the existing retirement
test and proposals for the modification of the test, the quality
and cost standards for drugs for which payments are made under this
chapter, and the coverage of drugs under part B of subchapter XVIII
of this chapter, and submit a report to the President and to
Congress concerning his findings and recommendations on or before
Jan. 1, 1969.


-EXEC-
EX. ORD. NO. 12436. PAYMENT OF CERTAIN BENEFITS TO SURVIVORS OF
PERSONS WHO DIED IN OR AS A RESULT OF MILITARY SERVICE
Ex. Ord. No. 12436, July 29, 1983, 48 F.R. 34931, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including Section 156 of
Public Law 97-377 (96 Stat. 1920; 42 U.S.C. 402 note), in order to
provide certain benefits to the surviving spouses and children of
certain persons who died in or as a result of military service, it
is hereby ordered as follows:
Section 1. The Administrator of Veterans' Affairs is designated
to administer the provisions of Section 156 of Public Law 97-377.
Sec. 2. The Secretary of Health and Human Services shall provide
to the Administrator of Veterans' Affairs such information and such
technical assistance as the Administrator may reasonably require to
discharge his responsibilities under Section 156. The Administrator
of Veterans' Affairs shall reimburse the Department of Health and
Human Services for all expenses it incurs in providing such
information and technical assistance to the Veterans'
Administration. Such expenses shall be paid from the Veterans'
Administration account described in Section 3 of this Order.
Sec. 3. During fiscal year 1983 and each succeeding fiscal year,
the Secretary of Defense shall transfer, from time to time, from
the "Retired Pay, Defense" account of the Department of Defense to
an account established in the Veterans' Administration, such
amounts as the Administrator of Veterans' Affairs determines to be
necessary to pay the benefits authorized by Section 156 during
fiscal year 1983 and each succeeding fiscal year, and the expenses
incurred by the Veterans' Administration in paying such benefits
during fiscal year 1983 and each succeeding fiscal year. Such
transfers shall, to the extent feasible, be made in advance of the
payment of benefits and expenses by the Veterans' Administration.
Sec. 4. This Order shall be effective as of January 1, 1983.
Ronald Reagan.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 403 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 403. Reduction of insurance benefits

-STATUTE-
(a) Maximum benefits
(1) In the case of an individual whose primary insurance amount
has been computed or recomputed under section 415(a)(1) or (4) of
this title, or section 415(d) of this title, as in effect after
December 1978, the total monthly benefits to which beneficiaries
may be entitled under section 402 or 423 of this title for a month
on the basis of the wages and self-employment income of such
individual shall, except as provided by paragraphs (3) and (6) (but
prior to any increases resulting from the application of paragraph
(2)(A)(ii)(III) of section 415(i) of this title), be reduced as
necessary so as not to exceed -
(A) 150 percent of such individual's primary insurance amount
to the extent that it does not exceed the amount established with
respect to this subparagraph by paragraph (2),
(B) 272 percent of such individual's primary insurance amount
to the extent that it exceeds the amount established with respect
to subparagraph (A) but does not exceed the amount established
with respect to this subparagraph by paragraph (2),
(C) 134 percent of such individual's primary insurance amount
to the extent that it exceeds the amount established with respect
to subparagraph (B) but does not exceed the amount established
with respect to this subparagraph by paragraph (2), and
(D) 175 percent of such individual's primary insurance amount
to the extent that it exceeds the amount established with respect
to subparagraph (C).

Any such amount that is not a multiple of $0.10 shall be decreased
to the next lower multiple of $0.10.
(2)(A) For individuals who initially become eligible for old-age
or disability insurance benefits, or who die (before becoming so
eligible for such benefits), in the calendar year 1979, the amounts
established with respect to subparagraphs (A), (B), and (C) of
paragraph (1) shall be $230, $332, and $433, respectively.
(B) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming so
eligible for such benefits), in any calendar year after 1979, each
of the amounts so established shall equal the product of the
corresponding amount established for the calendar year 1979 by
subparagraph (A) of this paragraph and the quotient obtained under
subparagraph (B)(ii) of section 415(a)(1) of this title, with such
product being rounded in the manner prescribed by section
415(a)(1)(B)(iii) of this title.
(C) In each calendar year after 1978 the Commissioner of Social
Security shall publish in the Federal Register, on or before
November 1, the formula which (except as provided in section
415(i)(2)(D) of this title) is to be applicable under this
paragraph to individuals who become eligible for old-age or
disability insurance benefits, or who die (before becoming eligible
for such benefits), in the following calendar year.
(D) A year shall not be counted as the year of an individual's
death or eligibility for purposes of this paragraph or paragraph
(8) in any case where such individual was entitled to a disability
insurance benefit for any of the 12 months immediately preceding
the month of such death or eligibility (but there shall be counted
instead the year of the individual's eligibility for the disability
insurance benefits to which he was entitled during such 12 months).
(3)(A) When an individual who is entitled to benefits on the
basis of the wages and self-employment income of any insured
individual and to whom this subsection applies would (but for the
provisions of section 402(k)(2)(A) of this title) be entitled to
child's insurance benefits for a month on the basis of the wages
and self-employment income of one or more other insured
individuals, the total monthly benefits to which all beneficiaries
are entitled on the basis of such wages and self-employment income
shall not be reduced under this subsection to less than the smaller
of -
(i) the sum of the maximum amounts of benefits payable on the
basis of the wages and self-employment income of all such insured
individuals, or
(ii) an amount (I) initially equal to the product of 1.75 and
the primary insurance amount that would be computed under section
415(a)(1) of this title, for January of the year determined for
purposes of this clause under the following two sentences, with
respect to average indexed monthly earnings equal to one-twelfth
of the contribution and benefit base determined for that year
under section 430 of this title, and (II) thereafter increased in
accordance with the provisions of section 415(i)(2)(A)(ii) of
this title.

The year established for purposes of clause (ii) shall be 1983 or,
if it occurs later with respect to any individual, the year in
which occurred the month that the application of the reduction
provisions contained in this subparagraph began with respect to
benefits payable on the basis of the wages and self-employment
income of the insured individual. If for any month subsequent to
the first month for which clause (ii) applies (with respect to
benefits payable on the basis of the wages and self-employment
income of the insured individual) the reduction under this
subparagraph ceases to apply, then the year determined under the
preceding sentence shall be redetermined (for purposes of any
subsequent application of this subparagraph with respect to
benefits payable on the basis of such wages and self-employment
income) as though this subparagraph had not been previously
applicable.
(B) When two or more persons were entitled (without the
application of section 402(j)(1) of this title and section 423(b)
of this title) to monthly benefits under section 402 or 423 of this
title for January 1971 or any prior month on the basis of the wages
and self-employment income of such insured individual and the
provisions of this subsection as in effect for any such month were
applicable in determining the benefit amount of any persons on the
basis of such wages and self-employment income, the total of
benefits for any month after January 1971 shall not be reduced to
less than the largest of -
(i) the amount determined under this subsection without regard
to this subparagraph,
(ii) the largest amount which has been determined for any month
under this subsection for persons entitled to monthly benefits on
the basis of such insured individual's wages and self-employment
income, or
(iii) if any persons are entitled to benefits on the basis of
such wages and self-employment income for the month before the
effective month (after September 1972) of a general benefit
increase under this title (as defined in section 415(i)(3) of
this title) or a benefit increase under the provisions of section
415(i) of this title, an amount equal to the sum of amounts
derived by multiplying the benefit amount determined under this
subchapter (excluding any part thereof determined under section
402(w) of this title) for the month before such effective month
(including this subsection, but without the application of
section 422(b) (!1) of this title, section 402(q) of this title,
and subsections (b), (c), and (d) of this section), for each such
person for such month, by a percentage equal to the percentage of
the increase provided under such benefit increase (with any such
increased amount which is not a multiple of $0.10 being rounded
to the next lower multiple of $0.10);


but in any such case (I) subparagraph (A) of this paragraph shall
not be applied to such total of benefits after the application of
clause (ii) or (iii), and (II) if section 402(k)(2)(A) of this
title was applicable in the case of any such benefits for a month,
and ceases to apply for a month after such month, the provisions of
clause (ii) or (iii) shall be applied, for and after the month in
which section 402(k)(2)(A) of this title ceases to apply, as though
subparagraph (A) of this paragraph had not been applicable to such
total of benefits for the last month for which clause (ii) or (iii)
was applicable.
(C) When any of such individuals is entitled to monthly benefits
as a divorced spouse under section 402(b) or (c) of this title or
as a surviving divorced spouse under section 402(e) or (f) of this
title for any month, the benefit to which he or she is entitled on
the basis of the wages and self-employment income of such insured
individual for such month shall be determined without regard to
this subsection, and the benefits of all other individuals who are
entitled for such month to monthly benefits under section 402 of
this title on the wages and self-employment income of such insured
individual shall be determined as if no such divorced spouse or
surviving divorced spouse were entitled to benefits for such month.
(D) In any case in which -
(i) two or more individuals are entitled to monthly benefits
for the same month as a spouse under subsection (b) or (c) of
section 402 of this title, or as a surviving spouse under
subsection (e), (f), or (g) of section 402 of this title,
(ii) at least one of such individuals is entitled by reason of
subparagraph (A)(ii) or (B) of section 416(h)(1) of this title,
and
(iii) such entitlements are based on the wages and self-
employment income of the same insured individual,

the benefit of the entitled individual whose entitlement is based
on a valid marriage (as determined without regard to subparagraphs
(A)(ii) and (B) of section 416(h)(1) of this title) to such insured
individual shall, for such month and all months thereafter, be
determined without regard to this subsection, and the benefits of
all other individuals who are entitled, for such month or any month
thereafter, to monthly benefits under section 402 of this title
based on the wages and self-employment income of such insured
individual shall be determined as if such entitled individual were
not entitled to benefits for such month.
(4) In any case in which benefits are reduced pursuant to the
provisions of this subsection, the reduction shall be made after
any deductions under this section and after any deductions under
section 422(b) (!1) of this title. Notwithstanding the preceding
sentence, any reduction under this subsection in the case of an
individual who is entitled to a benefit under subsection (b), (c),
(d), (e), (f), (g), or (h) of section 402 of this title for any
month on the basis of the same wages and self-employment income as
another person -
(A) who also is entitled to a benefit under subsection (b),
(c), (d), (e), (f), (g), or (h) of section 402 of this title for
such month,
(B) who does not live in the same household as such individual,
and
(C) whose benefit for such month is suspended (in whole or in
part) pursuant to subsection (h)(3) of this section,

shall be made before the suspension under subsection (h)(3) of this
section. Whenever a reduction is made under this subsection in the
total of monthly benefits to which individuals are entitled for any
month on the basis of the wages and self-employment income of an
insured individual, each such benefit other than the old-age or
disability insurance benefit shall be proportionately decreased.
(5) Notwithstanding any other provision of law, when -
(A) two or more persons are entitled to monthly benefits for a
particular month on the basis of the wages and self-employment
income of an insured individual and (for such particular month)
the provisions of this subsection are applicable to such monthly
benefits, and
(B) such individual's primary insurance amount is increased for
the following month under any provision of this subchapter,

then the total of monthly benefits for all persons on the basis of
such wages and self-employment income for such particular month, as
determined under the provisions of this subsection, shall for
purposes of determining the total monthly benefits for all persons
on the basis of such wages and self-employment income for months
subsequent to such particular month be considered to have been
increased by the smallest amount that would have been required in
order to assure that the total of monthly benefits payable on the
basis of such wages and self-employment income for any such
subsequent month will not be less (after the application of the
other provisions of this subsection and section 402(q) of this
title) than the total of monthly benefits (after the application of
the other provisions of this subsection and section 402(q) of this
title) payable on the basis of such wages and self-employment
income for such particular month.
(6) Notwithstanding any of the preceding provisions of this
subsection other than paragraphs (3)(A), (3)(C), (3)(D), (4), and
(5) (but subject to section 415(i)(2)(A)(ii) of this title), the
total monthly benefits to which beneficiaries may be entitled under
sections 402 and 423 of this title for any month on the basis of
the wages and self-employment income of an individual entitled to
disability insurance benefits shall be reduced (before the
application of section 424a of this title) to the smaller of -
(A) 85 percent of such individual's average indexed monthly
earnings (or 100 percent of his primary insurance amount, if
larger), or
(B) 150 percent of such individual's primary insurance amount.

(7) In the case of any individual who is entitled for any month
to benefits based upon the primary insurance amounts of two or more
insured individuals, one or more of which primary insurance amounts
were determined under section 415(a) or (d) of this title as in
effect (without regard to the table contained therein) prior to
January 1979 and one or more of which primary insurance amounts
were determined under section 415(a)(1) or (4) of this title, or
section 415(d) of this title, as in effect after December 1978, the
total benefits payable to that individual and all other individuals
entitled to benefits for that month based upon those primary
insurance amounts shall be reduced to an amount equal to the amount
determined in accordance with the provisions of paragraph
(3)(A)(ii) of this subsection, except that for this purpose the
references to subparagraph (A) in the last two sentences of
paragraph (3)(A) shall be deemed to be references to paragraph (7).
(8) Subject to paragraph (7) and except as otherwise provided in
paragraph (10)(C), this subsection as in effect in December 1978
shall remain in effect with respect to a primary insurance amount
computed under section 415(a) or (d) of this title, as in effect
(without regard to the table contained therein) in December 1978
and as amended by section 5117 of the Omnibus Budget Reconciliation
Act of 1990, except that a primary insurance amount so computed
with respect to an individual who first becomes eligible for an old-
age or disability insurance benefit, or dies (before becoming
eligible for such a benefit), after December 1978, shall instead be
governed by this section as in effect after December 1978. For
purposes of the preceding sentence, the phrase "rounded to the next
higher multiple of $0.10", as it appeared in subsection (a)(2)(C)
of this section as in effect in December 1978, shall be deemed to
read "rounded to the next lower multiple of $0.10".
(9) When -
(A) one or more persons were entitled (without the application
of section 402(j)(1) of this title) to monthly benefits under
section 402 of this title for May 1978 on the basis of the wages
and self-employment income of an individual,
(B) the benefit of at least one such person for June 1978 is
increased by reason of the amendments made by section 204 of the
Social Security Amendments of 1977; and
(C) the total amount of benefits to which all such persons are
entitled under such section 402 of this title are reduced under
the provisions of this subsection (or would be so reduced except
for the first sentence of subsection (a)(4) of this section),

then the amount of the benefit to which each such person is
entitled for months after May 1978 shall be increased (after such
reductions are made under this subsection) to the amount such
benefits would have been if the benefit of the person or persons
referred to in subparagraph (B) had not been so increased.
(10)(A) Subject to subparagraphs (B) and (C) -
(i) the total monthly benefits to which beneficiaries may be
entitled under sections 402 and 423 of this title for a month on
the basis of the wages and self-employment income of an
individual whose primary insurance amount is computed under
section 415(a)(2)(B)(i) of this title shall equal the total
monthly benefits which were authorized by this section with
respect to such individual's primary insurance amount for the
last month of his prior entitlement to disability insurance
benefits, increased for this purpose by the general benefit
increases and other increases under section 415(i) of this title
that would have applied to such total monthly benefits had the
individual remained entitled to disability insurance benefits
until the month in which he became entitled to old-age insurance
benefits or reentitled to disability insurance benefits or died,
and
(ii) the total monthly benefits to which beneficiaries may be
entitled under sections 402 and 423 of this title for a month on
the basis of the wages and self-employment income of an
individual whose primary insurance amount is computed under
section 415(a)(2)(C) of this title shall equal the total monthly
benefits which were authorized by this section with respect to
such individual's primary insurance amount for the last month of
his prior entitlement to disability insurance benefits.

(B) In any case in which -
(i) the total monthly benefits with respect to such
individual's primary insurance amount for the last month of his
prior entitlement to disability insurance benefits was computed
under paragraph (6), and
(ii) the individual's primary insurance amount is computed
under subparagraph (B)(i) or (C) of section 415(a)(2) of this
title by reason of the individual's entitlement to old-age
insurance benefits or death,

the total monthly benefits shall equal the total monthly benefits
that would have been authorized with respect to the primary
insurance amount for the last month of his prior entitlement to
disability insurance benefits if such total monthly benefits had
been computed without regard to paragraph (6).
(C) This paragraph shall apply before the application of
paragraph (3)(A), and before the application of subsection (a)(1)
of this section as in effect in December 1978.
(b) Deductions on account of work
(1) Deductions, in such amounts and at such time or times as the
Commissioner of Social Security shall determine, shall be made from
any payment or payments under this subchapter to which an
individual is entitled, and from any payment or payments to which
any other persons are entitled on the basis of such individual's
wages and self-employment income, until the total of such
deductions equals -
(A) such individual's benefit or benefits under section 402 of
this title for any month, and
(B) if such individual was entitled to old-age insurance
benefits under section 402(a) of this title for such month, the
benefit or benefits of all other persons for such month under
section 402 of this title based on such individual's wages and
self-employment income,

if for such month he is charged with excess earnings, under the
provisions of subsection (f) of this section, equal to the total of
benefits referred to in clauses (A) and (B). If the excess earnings
so charged are less than such total of benefits, such deductions
with respect to such month shall be equal only to the amount of
such excess earnings. If a child who has attained the age of 18 and
is entitled to child's insurance benefits, or a person who is
entitled to mother's or father's insurance benefits, is married to
an individual entitled to old-age insurance benefits under section
402(a) of this title, such child or such person, as the case may
be, shall, for the purposes of this subsection and subsection (f)
of this section, be deemed to be entitled to such benefits on the
basis of the wages and self-employment income of such individual
entitled to old-age insurance benefits. If a deduction has already
been made under this subsection with respect to a person's benefit
or benefits under section 402 of this title for a month, he shall
be deemed entitled to payments under such section for such month
for purposes of further deductions under this subsection, and for
purposes of charging of each person's excess earnings under
subsection (f) of this section, only to the extent of the total of
his benefits remaining after such earlier deductions have been
made. For purposes of this subsection and subsection (f) of this
section -
(i) an individual shall be deemed to be entitled to payments
under section 402 of this title equal to the amount of the
benefit or benefits to which he is entitled under such section
after the application of subsection (a) of this section, but
without the application of the first sentence of paragraph (4)
thereof; and
(ii) if a deduction is made with respect to an individual's
benefit or benefits under section 402 of this title because of
the occurrence in any month of an event specified in subsection
(c) or (d) of this section or in section 422(b) (!1) of this
title, such individual shall not be considered to be entitled to
any benefits under such section 402 for such month.

(2)(A) Except as provided in subparagraph (B), in any case in
which -
(i) any of the other persons referred to in paragraph (1)(B) is
entitled to monthly benefits as a divorced spouse under section
402(b) or (c) of this title for any month, and
(ii) such person has been divorced for not less than 2 years,

the benefit to which he or she is entitled on the basis of the
wages and self-employment income of the individual referred to in
paragraph (1) for such month shall be determined without regard to
deductions under this subsection as a result of excess earnings of
such individual, and the benefits of all other individuals who are
entitled for such month to monthly benefits under section 402 of
this title on the basis of the wages and self-employment income of
such individual referred to in paragraph (1) shall be determined as
if no such divorced spouse were entitled to benefits for such
month.
(B) Clause (ii) of subparagraph (A) shall not apply with respect
to any divorced spouse in any case in which the individual referred
to in paragraph (1) became entitled to old-age insurance benefits
under section 402(a) of this title before the date of the divorce.
(c) Deductions on account of noncovered work outside United States
or failure to have child in care
Deductions, in such amounts and at such time or times as the
Commissioner of Social Security shall determine, shall be made from
any payment or payments under this subchapter to which an
individual is entitled, until the total of such deductions equals
such individual's benefits or benefit under section 402 of this
title for any month -
(1) in which such individual is under retirement age (as
defined in section 416(l) of this title) and for more than forty-
five hours of which such individual engaged in noncovered
remunerative activity outside the United States;
(2) in which such individual, if a wife or husband under
retirement age (as defined in section 416(l) of this title)
entitled to a wife's or husband's insurance benefit, did not have
in his or her care (individually or jointly with his or her
spouse) a child of such spouse entitled to a child's insurance
benefit and such wife's or husband's insurance benefit for such
month was not reduced under the provisions of section 402(q) of
this title;
(3) in which such individual, if a widow or widower entitled to
a mother's or father's insurance benefit, did not have in his or
her care a child of his or her deceased spouse entitled to a
child's insurance benefit; or
(4) in which such an individual, if a surviving divorced mother
or father entitled to a mother's or father's insurance benefit,
did not have in his or her care a child of his or her deceased
former spouse who (A) is his or her son, daughter, or legally
adopted child and (B) is entitled to a child's insurance benefit
on the basis of the wages and self-employment income of such
deceased former spouse.

For purposes of paragraphs (2), (3), and (4) of this subsection, a
child shall not be considered to be entitled to a child's insurance
benefit for any month in which paragraph (1) of section 402(s) of
this title applies or an event specified in section 422(b) (!1) of
this title occurs with respect to such child. Subject to paragraph
(3) of such section 402(s) of this title, no deduction shall be
made under this subsection from any child's insurance benefit for
the month in which the child entitled to such benefit attained the
age of eighteen or any subsequent month; nor shall any deduction be
made under this subsection from any widow's or widower's insurance
benefit if the widow, surviving divorced wife, widower, or
surviving divorced husband involved became entitled to such benefit
prior to attaining age 60.
(d) Deductions from dependents' benefits on account of noncovered
work outside United States by old-age insurance beneficiary
(1)(A) Deductions shall be made from any wife's, husband's, or
child's insurance benefit, based on the wages and self-employment
income of an individual entitled to old-age insurance benefits, to
which a wife, divorced wife, husband, divorced husband, or child is
entitled, until the total of such deductions equals such wife's,
husband's, or child's insurance benefit or benefits under section
402 of this title for any month in which such individual is under
retirement age (as defined in section 416(l) of this title) and for
more than forty-five hours of which such individual engaged in
noncovered remunerative activity outside the United States.
(B)(i) Except as provided in clause (ii), in any case in which -
(I) a divorced spouse is entitled to monthly benefits under
section 402(b) or (c) of this title for any month, and
(II) such divorced spouse has been divorced for not less than 2
years,

the benefit to which he or she is entitled for such month on the
basis of the wages and self-employment income of the individual
entitled to old-age insurance benefits referred to in subparagraph
(A) shall be determined without regard to deductions under this
paragraph as a result of excess earnings of such individual, and
the benefits of all other individuals who are entitled for such
month to monthly benefits under section 402 of this title on the
basis of the wages and self-employment income of such individual
referred to in subparagraph (A) shall be determined as if no such
divorced spouse were entitled to benefits for such month.
(ii) Subclause (II) of clause (i) shall not apply with respect to
any divorced spouse in any case in which the individual entitled to
old-age insurance benefits referred to in subparagraph (A) became
entitled to such benefits before the date of the divorce.
(2) Deductions shall be made from any child's insurance benefit
to which a child who has attained the age of eighteen is entitled,
or from any mother's or father's insurance benefit to which a
person is entitled, until the total of such deductions equals such
child's insurance benefit or benefits or mother's or father's
insurance benefit or benefits under section 402 of this title for
any month in which such child or person entitled to mother's or
father's insurance benefits is married to an individual under
retirement age (as defined in section 416(l) of this title) who is
entitled to old-age insurance benefits and for more than forty-five
hours of which such individual engaged in noncovered remunerative
activity outside the United States.
(e) Occurrence of more than one event
If more than one of the events specified in subsections (c) and
(d) of this section and section 422(b) (!1) of this title occurs in
any one month which would occasion deductions equal to a benefit
for such month, only an amount equal to such benefit shall be
deducted.
(f) Months to which earnings are charged
For purposes of subsection (b) of this section -
(1) The amount of an individual's excess earnings (as defined
in paragraph (3)) shall be charged to months as follows: There
shall be charged to the first month of such taxable year an
amount of his excess earnings equal to the sum of the payments to
which he and all other persons (excluding divorced spouses
referred to in subsection (b)(2) of this section) are entitled
for such month under section 402 of this title on the basis of
his wages and self-employment income (or the total of his excess
earnings if such excess earnings are less than such sum), and the
balance, if any, of such excess earnings shall be charged to each
succeeding month in such year to the extent, in the case of each
such month, of the sum of the payments to which such individual
and all such other persons are entitled for such month under
section 402 of this title on the basis of his wages and self-
employment income, until the total of such excess has been so
charged. Where an individual is entitled to benefits under
section 402(a) of this title and other persons (excluding
divorced spouses referred to in subsection (b)(2) of this
section) are entitled to benefits under section 402(b), (c), or
(d) of this title on the basis of the wages and self-employment
income of such individual, the excess earnings of such individual
for any taxable year shall be charged in accordance with the
provisions of this subsection before the excess earnings of such
persons for a taxable year are charged to months in such
individual's taxable year. Notwithstanding the preceding
provisions of this paragraph but subject to section 402(s) of
this title, no part of the excess earnings of an individual shall
be charged to any month (A) for which such individual was not
entitled to a benefit under this subchapter, (B) in which such
individual was at or above retirement age (as defined in section
416(l) of this title), (C) in which such individual, if a child
entitled to child's insurance benefits, has attained the age of
18, (D) for which such individual is entitled to widow's or
widower's insurance benefits if such individual became so
entitled prior to attaining age 60, (E) in which such individual
did not engage in self-employment and did not render services for
wages (determined as provided in paragraph (5) of this
subsection) of more than the applicable exempt amount as
determined under paragraph (8), if such month is in the taxable
year in which occurs the first month after December 1977 that is
both (i) a month for which the individual is entitled to benefits
under subsection (a), (b), (c), (d), (e), (f), (g), or (h) of
section 402 of this title (without having been entitled for the
preceding month to a benefit under any other of such
subsections), and (ii) a month in which the individual did not
engage in self-employment and did not render services for wages
(determined as provided in paragraph (5)) of more than the
applicable exempt amount as determined under paragraph (8), or
(F) in which such individual did not engage in self-employment
and did not render services for wages (determined as provided in
paragraph (5) of this subsection) of more than the applicable
exempt amount as determined under paragraph (8), in the case of
an individual entitled to benefits under section 402(b) or (c) of
this title (but only by reason of having a child in his or her
care within the meaning of paragraph (1)(B) of subsection (b) or
(c) of this section, as may be applicable) or under section
402(d) or (g) of this title, if such month is in a year in which
such entitlement ends for a reason other than the death of such
individual, and such individual is not entitled to any benefits
under this subchapter for the month following the month during
which such entitlement under section 402(b), (d), or (g) of this
title ended.
(2) As used in paragraph (1), the term "first month of such
taxable year" means the earliest month in such year to which the
charging of excess earnings described in such paragraph is not
prohibited by the application of clauses (A), (B), (C), (D), (E),
and (F) thereof.
(3) For purposes of paragraph (1) and subsection (h) of this
section, an individual's excess earnings for a taxable year shall
be 33 1/3 percent of his earnings for such year in excess of the
product of the applicable exempt amount as determined under
paragraph (8) in the case of an individual who has attained (or,
but for the individual's death, would have attained) retirement
age (as defined in section 416(l) of this title) before the close
of such taxable year, or 50 percent of his earnings for such year
in excess of such product in the case of any other individual,
multiplied by the number of months in such year, except that, in
determining an individual's excess earnings for the taxable year
in which he attains retirement age (as defined in section 416(l)
of this title), there shall be excluded any earnings of such
individual for the month in which he attains such age and any
subsequent month (with any net earnings or net loss from self-
employment in such year being prorated in an equitable manner
under regulations of the Commissioner of Social Security). For
purposes of the preceding sentence, notwithstanding section
411(e) of this title, the number of months in the taxable year in
which an individual dies shall be 12. The excess earnings as
derived under the first sentence of this paragraph, if not a
multiple of $1, shall be reduced to the next lower multiple of
$1.
(4) For purposes of clause (E) of paragraph (1) -
(A) An individual will be presumed, with respect to any
month, to have been engaged in self-employment in such month
until it is shown to the satisfaction of the Commissioner of
Social Security that such individual rendered no substantial
services in such month with respect to any trade or business
the net income or loss of which is includible in computing (as
provided in paragraph (5) of this subsection) his net earnings
or net loss from self-employment for any taxable year. The
Commissioner of Social Security shall by regulations prescribe
the methods and criteria for determining whether or not an
individual has rendered substantial services with respect to
any trade or business.
(B) An individual will be presumed, with respect to any
month, to have rendered services for wages (determined as
provided in paragraph (5) of this subsection) of more than the
applicable exempt amount as determined under paragraph (8)
until it is shown to the satisfaction of the Commissioner of
Social Security that such individual did not render such
services in such month for more than such amount.

(5)(A) An individual's earnings for a taxable year shall be (i)
the sum of his wages for services rendered in such year and his
net earnings from self-employment for such year, minus (ii) any
net loss from self-employment for such year.
(B) For purposes of this section -
(i) an individual's net earnings from self-employment for any
taxable year shall be determined as provided in section 411 of
this title, except that paragraphs (1), (4), and (5) of section
411(c) of this title shall not apply and the gross income shall
be computed by excluding the amounts provided by subparagraph
(D) of this paragraph, and
(ii) an individual's net loss from self-employment for any
taxable year is the excess of the deductions (plus his
distributive share of loss described in section 702(a)(8) of
the Internal Revenue Code of 1986) taken into account under
clause (i) over the gross income (plus his distributive share
of income so described) taken into account under clause (i).

(C) For purposes of this subsection, an individual's wages
shall be computed without regard to the limitations as to amounts
of remuneration specified in paragraphs (1), (6)(B), (6)(C),
(7)(B), and (8) of section 409(a) of this title; and in making
such computation services which do not constitute employment as
defined in section 410 of this title, performed within the United
States by the individual as an employee or performed outside the
United States in the active military or naval service of the
United States, shall be deemed to be employment as so defined if
the remuneration for such services is not includible in computing
his net earnings or net loss from self-employment. The term
"wages" does not include -
(i) the amount of any payment made to, or on behalf of, an
employee or any of his dependents (including any amount paid by
an employer for insurance or annuities, or into a fund, to
provide for any such payment) on account of retirement, or
(ii) any payment or series of payments by an employer to an
employee or any of his dependents upon or after the termination
of the employee's employment relationship because of retirement
after attaining an age specified in a plan referred to in
section 409(a)(11)(B) of this title or in a pension plan of the
employer.

(D) In the case of -
(i) an individual who has attained retirement age (as defined
in section 416(l) of this title) on or before the last day of
the taxable year, and who shows to the satisfaction of the
Commissioner of Social Security that he or she is receiving
royalties attributable to a copyright or patent obtained before
the taxable year in which he or she attained such age and that
the property to which the copyright or patent relates was
created by his or her own personal efforts, or
(ii) an individual who has become entitled to insurance
benefits under this subchapter, other than benefits under
section 423 of this title or benefits payable under section
402(d) of this title by reason of being under a disability, and
who shows to the satisfaction of the Commissioner of Social
Security that he or she is receiving, in a year after his or
her initial year of entitlement to such benefits, any other
income not attributable to services performed after the month
in which he or she initially became entitled to such benefits,

there shall be excluded from gross income any such royalties or
other income.
(E) For purposes of this section, any individual's net earnings
from self-employment which result from or are attributable to the
performance of services by such individual as a director of a
corporation during any taxable year shall be deemed to have been
derived (and received) by such individual in that year, at the
time the services were performed, regardless of when the income,
on which the computation of such net earnings from self-
employment is based, is actually paid to or received by such
individual (unless such income was actually paid and received
prior to that year).
(6) For purposes of this subsection, wages (determined as
provided in paragraph (5)(C)) which, according to reports
received by the Commissioner of Social Security, are paid to an
individual during a taxable year shall be presumed to have been
paid to him for services performed in such year until it is shown
to the satisfaction of the Commissioner of Social Security that
they were paid for services performed in another taxable year. If
such reports with respect to an individual show his wages for a
calendar year, such individual's taxable year shall be presumed
to be a calendar year for purposes of this subsection until it is
shown to the satisfaction of the Commissioner of Social Security
that his taxable year is not a calendar year.
(7) Where an individual's excess earnings are charged to a
month and the excess earnings so charged are less than the total
of the payments (without regard to such charging) to which all
persons (excluding divorced spouses referred to in subsection
(b)(2) of this section) are entitled under section 402 of this
title for such month on the basis of his wages and self-
employment income, the difference between such total and the
excess so charged to such month shall be paid (if it is otherwise
payable under this subchapter) to such individual and other
persons in the proportion that the benefit to which each of them
is entitled (without regard to such charging, without the
application of section 402(k)(3) of this title, and prior to the
application of section 403(a) of this title) bears to the total
of the benefits to which all of them are entitled.
(8)(A) Whenever the Commissioner of Social Security pursuant to
section 415(i) of this title increases benefits effective with
the month of December following a cost-of-living computation
quarter (!2) 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 new exempt amounts (separately
stated for individuals described in subparagraph (D) and for
other individuals) which are to be applicable (unless prevented
from becoming effective by subparagraph (C)) with respect to
taxable years ending in (or with the close of) the calendar year
after the calendar year in which such benefit increase is
effective (or, in the case of an individual who dies during the
calendar year after the calendar year in which the benefit
increase is effective, with respect to such individual's taxable
year which ends, upon his death, during such year).

(B) Except as otherwise provided in subparagraph (D), the
exempt amount which is applicable to individuals described in
such subparagraph and the exempt amount which is applicable to
other individuals, for each month of a particular taxable year,
shall each be whichever of the following is the larger -
(i) the corresponding exempt amount which is in effect with
respect to months in the taxable year in which the
determination under subparagraph (A) is made, or
(ii) the product of the corresponding exempt amount which is
in effect with respect to months in the taxable year ending
after 2001 and before 2003 (with respect to individuals
described in subparagraph (D)) or the taxable year ending after
1993 and before 1995 (with respect to other individuals), and
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
calendar year in which the determination under subparagraph
(A) is made, to
(II) the national average wage index (as so defined) for
2000 (with respect to individuals described in subparagraph
(D)) or 1992 (with respect to other individuals),

with such product, if not a multiple of $10, being rounded to
the next higher multiple of $10 where such product is a
multiple of $5 but not of $10 and to the nearest multiple of
$10 in any other case.

Whenever the Commissioner of Social Security determines that an
exempt amount is to be increased in any year under this
paragraph, the Commissioner shall notify the House Committee on
Ways and Means and the Senate Committee on Finance within 30 days
after the close of the base quarter (as defined in section
415(i)(1)(A) of this title) in such year of the estimated amount
of such increase, indicating the new exempt amount, the actuarial
estimates of the effect of the increase, and the actuarial
assumptions and methodology used in preparing such estimates.
(C) Notwithstanding the determination of a new exempt amount by
the Commissioner of Social Security under subparagraph (A) (and
notwithstanding any publication thereof under such subparagraph
or any notification thereof under the last sentence of
subparagraph (B)), such new exempt amount shall not take effect
pursuant thereto if during the calendar year in which such
determination is made a law increasing the exempt amount is
enacted.
(D) Notwithstanding any other provision of this subsection, the
exempt amount which is applicable to an individual who has
attained retirement age (as defined in section 416(l) of this
title) before the close of the taxable year involved shall be -
(i) for each month of any taxable year ending after 1995 and
before 1997, $1,041.66 2/3 ,
(ii) for each month of any taxable year ending after 1996 and
before 1998, $1,125.00,
(iii) for each month of any taxable year ending after 1997
and before 1999, $1,208.33 1/3 ,
(iv) for each month of any taxable year ending after 1998 and
before 2000, $1,291.66 2/3 ,
(v) for each month of any taxable year ending after 1999 and
before 2001, $1,416.66 2/3 ,
(vi) for each month of any taxable year ending after 2000 and
before 2002, $2,083.33 1/3 , and
(vii) for each month of any taxable year ending after 2001
and before 2003, $2,500.00.

(E) Notwithstanding subparagraph (D), no deductions in benefits
shall be made under subsection (b) of this section with respect
to the earnings of any individual in any month beginning with the
month in which the individual attains retirement age (as defined
in section 416(l) of this title).
(9) For purposes of paragraphs (3), (5)(D)(i), (8)(D), and
(8)(E), the term "retirement age (as defined in section 416(l) of
this title)", with respect to any individual entitled to monthly
insurance benefits under section 402 of this title, means the
retirement age (as so defined) which is applicable in the case of
old-age insurance benefits, regardless of whether or not the
particular benefits to which the individual is entitled (or the
only such benefits) are old-age insurance benefits.
(g) Penalty for failure to report certain events
Any individual in receipt of benefits subject to deduction under
subsection (c) of this section, (or who is in receipt of such
benefits on behalf of another individual), because of the
occurrence of an event specified therein, who fails to report such
occurrence to the Commissioner of Social Security prior to the
receipt and acceptance of an insurance benefit for the second month
following the month in which such event occurred, shall suffer
deductions in addition to those imposed under subsection (c) of
this section as follows:
(1) if such failure is the first one with respect to which an
additional deduction is imposed by this subsection, such
additional deduction shall be equal to his benefit or benefits
for the first month of the period for which there is a failure to
report even though such failure is with respect to more than one
month;
(2) if such failure is the second one with respect to which an
additional deduction is imposed by this subsection, such
additional deduction shall be equal to two times his benefit or
benefits for the first month of the period for which there is a
failure to report even though such failure is with respect to
more than two months; and
(3) if such failure is the third or a subsequent one for which
an additional deduction is imposed under this subsection, such
additional deduction shall be equal to three times his benefit or
benefits for the first month of the period for which there is a
failure to report even though the failure to report is with
respect to more than three months;

except that the number of additional deductions required by this
subsection shall not exceed the number of months in the period for
which there is a failure to report. As used in this subsection, the
term "period for which there is a failure to report" with respect
to any individual means the period for which such individual
received and accepted insurance benefits under section 402 of this
title without making a timely report and for which deductions are
required under subsection (c) of this section.
(h) Report of earnings to Commissioner
(1)(A) If an individual is entitled to any monthly insurance
benefit under section 402 of this title during any taxable year in
which he has earnings or wages, as computed pursuant to paragraph
(5) of subsection (f) of this section, in excess of the product of
the applicable exempt amount as determined under subsection (f)(8)
of this section times the number of months in such year, such
individual (or the individual who is in receipt of such benefit on
his behalf) shall make a report to the Commissioner of Social
Security of his earnings (or wages) for such taxable year. Such
report shall be made on or before the fifteenth day of the fourth
month following the close of such year, and shall contain such
information and be made in such manner as the Commissioner of
Social Security may by regulations prescribe. Such report need not
be made for any taxable year -
(i) beginning with or after the month in which such individual
attained retirement age (as defined in section 416(l) of this
title), or
(ii) if benefit payments for all months (in such taxable year)
in which such individual is under retirement age (as defined in
section 416(l) of this title) have been suspended under the
provisions of the first sentence of paragraph (3) of this
subsection, unless -
(I) such individual is entitled to benefits under subsection
(b), (c), (d), (e), (f), (g), or (h) of section 402 of this
title,
(II) such benefits are reduced under subsection (a) of this
section for any month in such taxable year, and
(III) in any such month there is another person who also is
entitled to benefits under subsection (b), (c), (d), (e), (f),
(g), or (h) of section 402 of this title on the basis of the
same wages and self-employment income and who does not live in
the same household as such individual.

The Commissioner of Social Security may grant a reasonable
extension of time for making the report of earnings required in
this paragraph if the Commissioner finds that there is valid reason
for a delay, but in no case may the period be extended more than
four months.
(B) If the benefit payments of an individual have been suspended
for all months in any taxable year under the provisions of the
first sentence of paragraph (3) of this subsection, no benefit
payment shall be made to such individual for any such month in such
taxable year after the expiration of the period of three years,
three months, and fifteen days following the close of such taxable
year unless within such period the individual, or some other person
entitled to benefits under this subchapter on the basis of the same
wages and self-employment income, files with the Commissioner of
Social Security information showing that a benefit for such month
is payable to such individual.
(2) If an individual fails to make a report required under
paragraph (1) of this subsection, within the time prescribed by or
in accordance with such paragraph, for any taxable year and any
deduction is imposed under subsection (b) of this section by reason
of his earnings for such year, he shall suffer additional
deductions as follows:
(A) if such failure is the first one with respect to which an
additional deduction is imposed under this paragraph, such
additional deduction shall be equal to his benefit or benefits
for the last month of such year for which he was entitled to a
benefit under section 402 of this title, except that if the
deduction imposed under subsection (b) of this section by reason
of his earnings for such year is less than the amount of his
benefit (or benefits) for the last month of such year for which
he was entitled to a benefit under section 402 of this title, the
additional deduction shall be equal to the amount of the
deduction imposed under subsection (b) of this section but not
less than $10;
(B) if such failure is the second one for which an additional
deduction is imposed under this paragraph, such additional
deduction shall be equal to two times his benefit or benefits for
the last month of such year for which he was entitled to a
benefit under section 402 of this title;
(C) if such failure is the third or a subsequent one for which
an additional deduction is imposed under this paragraph, such
additional deduction shall be equal to three times his benefit or
benefits for the last month of such year for which he was
entitled to a benefit under section 402 of this title;

except that the number of the additional deductions required by
this paragraph with respect to a failure to report earnings for a
taxable year shall not exceed the number of months in such year for
which such individual received and accepted insurance benefits
under section 402 of this title and for which deductions are
imposed under subsection (b) of this section by reason of his
earnings. In determining whether a failure to report earnings is
the first or a subsequent failure for any individual, all taxable
years ending prior to the imposition of the first additional
deduction under this paragraph, other than the latest one of such
years, shall be disregarded.
(3) If the Commissioner of Social Security determines, on the
basis of information obtained by or submitted to the Commissioner,
that it may reasonably be expected that an individual entitled to
benefits under section 402 of this title for any taxable year will
suffer deductions imposed under subsection (b) of this section by
reason of his earnings for such year, the Commissioner of Social
Security may, before the close of such taxable year, suspend the
total or less than the total payment for each month in such year
(or for only such months as the Commissioner of Social Security may
specify) of the benefits payable on the basis of such individual's
wages and self-employment income; and such suspension shall remain
in effect with respect to the benefits for any month until the
Commissioner of Social Security has determined whether or not any
deduction is imposed for such month under subsection (b) of this
section. The Commissioner of Social Security is authorized, before
the close of the taxable year of an individual entitled to benefits
during such year, to request of such individual that he make, at
such time or times as the Commissioner of Social Security may
specify, a declaration of his estimated earnings for the taxable
year and that he furnish to the Commissioner of Social Security
such other information with respect to such earnings as the
Commissioner of Social Security may specify. A failure by such
individual to comply with any such request shall in itself
constitute justification for a determination under this paragraph
that it may reasonably be expected that the individual will suffer
deductions imposed under subsection (b) of this section by reason
of his earnings for such year. If, after the close of a taxable
year of an individual entitled to benefits under section 402 of
this title for such year, the Commissioner of Social Security
requests such individual to furnish a report of his earnings (as
computed pursuant to paragraph (5) of subsection (f) of this
section) for such taxable year or any other information with
respect to such earnings which the Commissioner of Social Security
may specify, and the individual fails to comply with such request,
such failure shall in itself constitute justification for a
determination that such individual's benefits are subject to
deductions under subsection (b) of this section for each month in
such taxable year (or only for such months thereof as the
Commissioner of Social Security may specify) by reason of his
earnings for such year.
(4) The Commissioner of Social Security shall develop and
implement procedures in accordance with this subsection to avoid
paying more than the correct amount of benefits to any individual
under this subchapter as a result of such individual's failure to
file a correct report or estimate of earnings or wages. Such
procedures may include identifying categories of individuals who
are likely to be paid more than the correct amount of benefits and
requesting that they estimate their earnings or wages more
frequently than other persons subject to deductions under this
section on account of earnings or wages.
(i) Repealed. Pub. L. 103-296, title III, Sec. 309(a), Aug. 15,
1994, 108 Stat. 1523
(j) Attainment of retirement age
For the purposes of this section, an individual shall be
considered as having attained retirement age (as defined in section
416(l) of this title) during the entire month in which he attains
such age.
(k) Noncovered remunerative activity outside United States
An individual shall be considered to be engaged in noncovered
remunerative activity outside the United States if he performs
services outside the United States as an employee and such services
do not constitute employment as defined in section 410 of this
title and are not performed in the active military or naval service
of the United States, or if he carries on a trade or business
outside the United States (other than the performance of service as
an employee) the net income or loss of which (1) is not includible
in computing his net earnings from self-employment for a taxable
year and (2) would not be excluded from net earnings from self-
employment, if carried on in the United States, by any of the
numbered paragraphs of section 411(a) of this title. When used in
the preceding sentence with respect to a trade or business (other
than the performance of service as an employee), the term "United
States" does not include the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, or American Samoa in the case of an alien who
is not a resident of the United States (including the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, and American Samoa); and
the term "trade or business" shall have the same meaning as when
used in section 162 of the Internal Revenue Code of 1986.
(l) Good cause for failure to make reports required
The failure of an individual to make any report required by
subsection (g) or (h)(1)(A) of this section within the time
prescribed therein shall not be regarded as such a failure if it is
shown to the satisfaction of the Commissioner of Social Security
that he had good cause for failing to make such report within such
time. The determination of what constitutes good cause for purposes
of this subsection shall be made in accordance with regulations of
the Commissioner of Social Security, except that in making any such
determination, 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).

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 203, 49 Stat. 623; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1367; Aug. 10,
1946, ch. 951, title IV, Sec. 406, 60 Stat. 988; Aug. 28, 1950, ch.
809, title I, Secs. 102(a), 103(a), 64 Stat. 489; July 18, 1952,
ch. 945, Secs. 2(b)(2), 4(a)-(d), 66 Stat. 768, 773; Sept. 1, 1954,
ch. 1206, title I, Secs. 102(e)(7), 103(a)-(h), (i)(3), 112(a), 68
Stat. 1070, 1073-1077, 1078, 1085; Aug. 1, 1956, ch. 836, title I,
Secs. 101(d)-(g), 102(d)(11), 107(a), 112 (a), (b), 70 Stat. 808,
814, 829, 831; Pub. L. 85-840, title I, Sec. 101(f), title II, Sec.
205(j), (k), title III, Secs. 307(f), 308(a)-(e), Aug. 28, 1958, 72
Stat. 1017, 1024, 1032, 1033; Pub. L. 86-778, title I, Sec. 103(b),
title II, Secs. 209(a), 211(a)-(h), title III, Sec. 302(a), Sept.
13, 1960, 74 Stat. 936, 953-957, 960; Pub. L. 87-64, title I, Sec.
108(a), June 30, 1961, 75 Stat. 140; Pub. L. 89-97, title III,
Secs. 301(c), 306(c)(10)-(12), 308(d)(6)-(8), 310(a), 325(a), July
30, 1965, 79 Stat. 363, 373, 378-380, 399; Pub. L. 90-248, title I,
Secs. 101(b), 104(d)(1), 107(a), 160, 161(a), (b), 163(a)(1), Jan.
2, 1968, 81 Stat. 826, 832, 834, 870, 872; Pub. L. 91-172, title X,
Sec. 1002(b)(1), Dec. 30, 1969, 83 Stat. 739; Pub. L. 92-5, title
II, Sec. 201(b), Mar. 17, 1971, 85 Stat. 8; Pub. L. 92-336, title
II, Secs. 201(b), (h)(1), 202(a)(2)(A), (B), July 1, 1972, 86 Stat.
410, 411, 415; Pub. L. 92-603, title I, Secs. 101(b), 102(c),
103(c), 105(a), (b), 106(a), 107(b)(1), (2), 144(a)(2), (3), Oct.
30, 1972, 86 Stat. 1334, 1336, 1340-1343, 1370; Pub. L. 93-66,
title II, Sec. 202(a)-(c), July 9, 1973, 87 Stat. 153; Pub. L. 93-
233, Secs. 3(k), 18(a), Dec. 31, 1973, 87 Stat. 953, 967; Pub. L.
94-202, Sec. 8(i), Jan. 2, 1976, 89 Stat. 1140; Pub. L. 95-216,
title II, Secs. 202, 204(e), title III, Secs. 301(a), (b), (c)(1),
(d), 302(a)-(d), 303(a), 353(a), Dec. 20, 1977, 91 Stat. 1524,
1528, 1530, 1531, 1552; Pub. L. 96-265, title I, Sec. 101(a)-
(b)(2), June 9, 1980, 94 Stat. 442; Pub. L. 96-473, Secs. 1(a),
3(a), 4(a), 6(b), Oct. 19, 1980, 94 Stat. 2263-2265; Pub. L. 97-35,
title XXII, Secs. 2201(c)(6), 2206(b)(2)-(4), Aug. 13, 1981, 95
Stat. 831, 838; Pub. L. 97-123, Sec. 2(f), Dec. 29, 1981, 95 Stat.
1661; Pub. L. 98-21, title I, Secs. 111(a)(4), 132(b), title II,
Sec. 201(c)(1)(B), (2), title III, Secs. 306(i), 309(f)-(h),
324(c)(4), 331(a), (b), 347(a), Apr. 20, 1983, 97 Stat. 72, 94,
109, 114, 116, 117, 125, 128, 129, 138; Pub. L. 98-369, div. B,
title VI, Secs. 2602(a), 2661(g)(1)(A), (2)(A), 2662(c)(1),
2663(a)(3), July 18, 1984, 98 Stat. 1127, 1157, 1159, 1161; Pub. L.
99-272, title XII, Sec. 12108(a), Apr. 7, 1986, 100 Stat. 286; Pub.
L. 100-647, title VIII, Sec. 8002(a), (b), Nov. 10, 1988, 102 Stat.
3779; Pub. L. 101-239, title X, Secs. 10208(b)(1)(A), (B),
(d)(2)(A)(i), (ii), (vi), 10305(a), Dec. 19, 1989, 103 Stat. 2477,
2480, 2481, 2483; Pub. L. 101-508, title V, Secs. 5117(a)(3)(B),
5119(c), (d), 5123(a)(1), (2), 5127(a), (b), Nov. 5, 1990, 104
Stat. 1388-277, 1388-279, 1388-280, 1388-284, 1388-286; Pub. L. 103-
296, title I, Sec. 107(a)(4), title III, Secs. 309(a)-(c), 310(a),
(b), 314(a), 321(a)(6), (c)(6)(A), (g)(2), Aug. 15, 1994, 108 Stat.
1478, 1523, 1524, 1530, 1536, 1538, 1543; Pub. L. 104-121, title I,
Sec. 102(a), (b)(1), Mar. 29, 1996, 110 Stat. 847, 848; Pub. L. 106-
182, Secs. 2-4(a), Apr. 7, 2000, 114 Stat. 198, 199.)

-REFTEXT-
REFERENCES IN TEXT
Section 422(b) of this title, referred to in subsecs.
(a)(3)(B)(iii), (4), (b)(1)(ii), (c), (e), was repealed by Pub. L.
106-170, title I, Sec. 101(b)(1)(C), Dec. 17, 1999, 113 Stat. 1873.
Section 5117 of the Omnibus Budget Reconciliation Act of 1990,
referred to in subsec. (a)(8), is section 5117 of Pub. L. 101-508,
title V, Nov. 5, 1990, 104 Stat. 1388-274.
The amendments made by section 204 of the Social Security
Amendments of 1977, referred to in subsec. (a)(9)(B), means the
amendments made by section 204 of Pub. L. 95-216, which enacted
subsec. (a)(9) of this section and amended section 402(e)(2)(A),
(e)(2)(B)(i), (f)(3)(A), and (f)(3)(B)(i) of this title.
The Internal Revenue Code of 1986, referred to in subsecs.
(f)(5)(B)(ii) and (k), is classified generally to Title 26,
Internal Revenue Code.


-MISC1-
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-182, Sec. 4(a)(1), in last
sentence of concluding provisions substituted "nor shall any
deduction be made under this subsection from any widow's or
widower's insurance benefit if the widow, surviving divorced wife,
widower, or surviving divorced husband involved became entitled to
such benefit prior to attaining age 60" for "nor shall any
deduction be made under this subsection from any widow's insurance
benefit for any month in which the widow or surviving divorced wife
is entitled and has not attained retirement age (as defined in
section 416(l) of this title) (but only if she became so entitled
prior to attaining age 60), or from any widower's insurance benefit
for any month in which the widower or surviving divorced husband is
entitled and has not attained retirement age (as defined in section
416(l) of this title) (but only if he became so entitled prior to
attaining age 60)".
Subsec. (c)(1). Pub. L. 106-182, Sec. 2(1), substituted
"retirement age (as defined in section 416(l) of this title)" for
"the age of seventy".
Subsec. (d)(1)(A), (2). Pub. L. 106-182, Sec. 2(2), substituted
"retirement age (as defined in section 416(l) of this title)" for
"the age of seventy".
Subsec. (f)(1)(B). Pub. L. 106-182, Sec. 2(3), substituted "was
at or above retirement age (as defined in section 416(l) of this
title)" for "was age seventy or over".
Subsec. (f)(1)(D). Pub. L. 106-182, Sec. 4(a)(2), added cl. (D)
and struck out former cl. (D) which read as follows: "for which
such individual is entitled to widow's insurance benefits and has
not attained retirement age (as defined in section 416(l) of this
title) (but only if she became so entitled prior to attaining age
60), or widower's insurance benefits and has not attained
retirement age (as defined in section 416(l) of this title) (but
only if he became so entitled prior to attaining age 60),".
Subsec. (f)(3). Pub. L. 106-182, Sec. 2(4), substituted
"retirement age (as defined in section 416(l) of this title)" for
"age 70".
Subsec. (f)(8)(E). Pub. L. 106-182, Sec. 3(a), added subpar. (E).
Subsec. (f)(9). Pub. L. 106-182, Sec. 3(b), substituted "(8)(D),
and (8)(E)," for "and (8)(D),".
Subsec. (h)(1)(A)(i), (ii). Pub. L. 106-182, Sec. 2(5),
substituted "retirement age (as defined in section 416(l) of this
title)" for "age 70".
Subsec. (j). Pub. L. 106-182, Sec. 2(6), substituted "retirement
age" for "age seventy" in heading and "having attained retirement
age (as defined in section 416(l) of this title)" for "seventy
years of age".
1996 - Subsec. (f)(8)(B)(ii). Pub. L. 104-121, Sec. 102(b)(1)(A),
substituted "the taxable year ending after 2001 and before 2003
(with respect to individuals described in subparagraph (D)) or the
taxable year ending after 1993 and before 1995 (with respect to
other individuals)" for "the taxable year ending after 1993 and
before 1995".
Subsec. (f)(8)(B)(ii)(II). Pub. L. 104-121, Sec. 102(b)(1)(B),
substituted "for 2000 (with respect to individuals described in
subparagraph (D)) or 1992 (with respect to other individuals)" for
"for 1992".
Subsec. (f)(8)(D). Pub. L. 104-121, Sec. 102(a), amended subpar.
(D) generally. Prior to amendment, subpar. (D) read as follows:
"Notwithstanding any other provision of this subsection, the exempt
amount which is applicable to an individual who has attained
retirement age (as defined in section 416(l) of this title) before
the close of the taxable year involved -
"(i) shall be $333.33 1/3 for each month of any taxable year
ending after 1977 and before 1979,
"(ii) shall be $375 for each month of any taxable year ending
after 1978 and before 1980,
"(iii) shall be $416.66 2/3 for each month of any taxable year
ending after 1979 and before 1981,
"(iv) shall be $458.33 1/3 for each month of any taxable year
ending after 1980 and before 1982, and
"(v) shall be $500 for each month of any taxable year ending
after 1981 and before 1983."
1994 - Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (a)(4). Pub. L. 103-296, Sec. 309(b), substituted
"section 422(b) of this title. Notwithstanding the preceding
sentence, any reduction under this subsection in the case of an
individual who is entitled to a benefit under subsection (b), (c),
(d), (e), (f), (g), or (h) of section 402 of this title for any
month on the basis of the same wages and self-employment income as
another person -
"(A) who also is entitled to a benefit under subsection (b),
(c), (d), (e), (f), (g), or (h) of section 402 of this title for
such month,
"(B) who does not live in the same household as such
individual, and
"(C) whose benefit for such month is suspended (in whole or in
part) pursuant to subsection (h)(3) of this section,
shall be made before the suspension under subsection (h)(3) of this
section. Whenever" for "section 422(b) of this title. Whenever".
Subsec. (a)(8). Pub. L. 103-296, Sec. 310(b), substituted
"Subject to paragraph (7) and except as otherwise provided in
paragraph (10)(C)" for "Subject to paragraph (7)".
Subsec. (a)(10). Pub. L. 103-296, Sec. 310(a), added par. (10).
Subsecs. (b)(1), (c), (f)(3), (4). Pub. L. 103-296, Sec.
107(a)(4), substituted "Commissioner of Social Security" for
"Secretary" wherever appearing.
Subsec. (f)(5)(B)(ii). Pub. L. 103-296, Sec. 321(c)(6)(A),
substituted "Code of 1986" for "Code of 1954".
Subsec. (f)(5)(C)(i), (ii). Pub. L. 103-296, Sec. 321(a)(6),
realigned margins.
Subsec. (f)(5)(D), (6). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing.
Subsec. (f)(8)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" and "the
Commissioner" for "he".
Subsec. (f)(8)(B). Pub. L. 103-296, Sec. 107(a)(4), in closing
provisions substituted "Commissioner of Social Security" for
"Secretary" and "the Commissioner shall" for "he shall".
Subsec. (f)(8)(B)(ii). Pub. L. 103-296, Sec. 321(g)(2), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
"the product of the exempt amount described in clause (i) and 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 calendar
year in which the determination under subparagraph (A) is made to
(II) the deemed average total wages (as so defined) for the
calendar year before the most recent calendar year in which an
increase in the exempt amount was enacted or a determination
resulting in such an increase was made under subparagraph (A), with
such product, if not a multiple of $10, being rounded to the next
higher multiple of $10 where such product is a multiple of $5 but
not of $10 and to the nearest multiple of $10 in any other case."
Subsecs. (f)(8)(C), (g). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (h)(1)(A). Pub. L. 103-296, Sec. 314(a), substituted
"four months" for "three months" in last sentence.
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by
Pub. L. 103-296, Sec. 309(c), substituted "Commissioner of Social
Security" for "Secretary" wherever appearing and "the Commissioner"
for "he" before "finds".
Pub. L. 103-296, Sec. 309(c), substituted "Such report need not
be made for any taxable year -
"(i) beginning with or after the month in which such individual
attained age 70, or
"(ii) if benefit payments for all months (in such taxable year)
in which such individual is under age 70 have been suspended
under the provisions of the first sentence of paragraph (3) of
this subsection, unless -
"(I) such individual is entitled to benefits under subsection
(b), (c), (d), (e), (f), (g), or (h) of section 402 of this
title,
"(II) such benefits are reduced under subsection (a) of this
section for any month in such taxable year, and
"(III) in any such month there is another person who also is
entitled to benefits under subsection (b), (c), (d), (e), (f),
(g), or (h) of section 402 of this title on the basis of the
same wages and self-employment income and who does not live in
the same household as such individual.
The Secretary may grant" for "Such report need not be made for any
taxable year (i) beginning with or after the month in which such
individual attained age 70, or (ii) if benefit payments for all
months (in such taxable year) in which such individual is under age
70 have been suspended under the provisions of the first sentence
of paragraph (3) of this subsection. The Secretary may grant".
Subsec. (h)(1)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary".
Subsec. (h)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing and "submitted to the Commissioner" for "submitted to
him".
Subsec. (h)(4). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary".
Subsec. (i). Pub. L. 103-296, Sec. 309(a), struck out subsec. (i)
which read as follows: "In the case of any individual, deductions
by reason of the provisions of subsection (b), (c), (g), or (h) of
this section, or the provisions of section 422(b) of this title,
shall, notwithstanding such provisions, be made from the benefits
to which such individual is entitled only to the extent that such
deductions reduce the total amount which would otherwise be paid,
on the basis of the same wages and self-employment income, to such
individual and the other individuals living in the same household."
Subsec. (k). Pub. L. 103-296, Sec. 321(c)(6)(A), substituted
"Code of 1986" for "Code of 1954".
Subsec. (l). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing.
1990 - Subsec. (a)(3)(D). Pub. L. 101-508, Sec. 5119(c), added
subpar. (D).
Subsec. (a)(6). Pub. L. 101-508, Sec. 5119(d), inserted "(3)(D),"
after "(3)(C),".
Subsec. (a)(8). Pub. L. 101-508, Sec. 5117(a)(3)(B), inserted
"and as amended by section 5117 of the Omnibus Budget
Reconciliation Act of 1990," after second reference to "December
1978".
Subsec. (b)(2). Pub. L. 101-508, Sec. 5127(a), designated
existing provisions as subpar. (A), substituted "Except as provided
in subparagraph (B), in any case in which - " and cls. (i) and (ii)
for "When any of the other persons referred to in paragraph (1)(B)
is entitled to monthly benefits as a divorced spouse under section
402(b) or (c) of this title for any month and such person has been
so divorced for not less than 2 years,", and added subpar. (B).
Subsec. (d)(1)(B). Pub. L. 101-508, Sec. 5127(b), designated
existing provisions as cl. (i), substituted "Except as provided in
clause (ii), in any case in which - " and subcls. (I) and (II) for
"When any divorced spouse is entitled to monthly benefits under
section 402(b) or (c) of this title for any month and such divorced
spouse has been so divorced for not less than 2 years,", and added
cl. (ii).
Subsec. (f)(5)(E). Pub. L. 101-508, Sec. 5123(a)(1), (2),
redesignated last undesignated par. of section 411(a) of this title
as subpar. (E) and substituted "For purposes of this section, any
individual's net earnings from self-employment which result from or
are attributable to" for "Any income of an individual which results
from or is attributable to", "the income, on which the computation
of such net earnings from self-employment is based, is actually
paid" for "the income is actually paid", and "unless such income
was" for "unless it was".
1989 - Subsec. (f)(5)(C). Pub. L. 101-239, Sec.
10208(d)(2)(A)(ii), (vi), substituted "paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 409(a)" for "subsections (a),
(g)(2), (g)(3), (h)(2), and (j) of section 409" in introductory
provisions and "409(a)(11)(B)" for "409(m)(2)" in cl. (ii).
Subsec. (f)(8)(B)(ii)(I). Pub. L. 101-239, Sec. 10208(b)(1)(A),
substituted "the deemed average total wages (as defined in section
409(k)(1) of this title)" for "the average of the total wages (as
defined in regulations of the Secretary and computed without regard
to the limitations specified in section 409(a) 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)(8)(B)(ii)(II). Pub. L. 101-239, Sec. 10208(b)(1)(B),
substituted "the deemed average total wages (as so defined)" for
"the average of the total wages (as so defined and computed)
reported to the Secretary of the Treasury or his delegate".
Subsec. (l). Pub. L. 101-239, Sec. 10305(a), substituted
"Secretary, except that in making any such determination, 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)"
for "Secretary" in last sentence.
1988 - Subsec. (f)(3). Pub. L. 100-647 inserted "(or, but for the
individual's death, would have attained)" after "who has attained"
in first sentence, inserted after first sentence "For purposes of
the preceding sentence, notwithstanding section 411(e) of this
title, the number of months in the taxable year in which an
individual dies shall be 12.", and substituted "first sentence of
this paragraph" for "preceding sentence" in last sentence.
1986 - Subsec. (a)(4). Pub. L. 99-272, Sec. 12108(a)(1), struck
out "preceding" after "pursuant to the" in first sentence.
Subsec. (a)(6). Pub. L. 99-272, Sec. 12108(a)(2), substituted
"(4), and (5)" for "and (5)" and "shall be reduced" for "whether or
not such total benefits are otherwise subject to reduction under
this subsection but after any reduction under this subsection which
would otherwise be applicable, shall be, reduced or further
reduced".
1984 - Subsec. (a)(8). Pub. L. 98-369, Sec. 2663(a)(3)(A),
inserted a period at end of par. (8).
Subsec. (d)(1)(A). Pub. L. 98-369, Sec. 2661(g)(1)(A)(i),
substituted "for more than forty-five hours of which such
individual engaged" for "on seven or more different calendar days
of which he engaged".
Subsec. (d)(2). Pub. L. 98-369, Sec. 2663(a)(3)(B), substituted
"an individual under the age of seventy who is entitled" for "an
individual who is entitled".
Pub. L. 98-369, Sec. 2661(g)(1)(A)(ii), substituted "for more
than forty-five hours" for "on seven or more different calendar
days".
Subsec. (f)(5)(B)(ii). Pub. L. 98-369, Sec. 2663(a)(3)(C),
substituted "702(a)(8)" for "702(a)(9)".
Subsec. (f)(5)(D)(i). Pub. L. 98-369, Sec. 2662(c)(1), made a
clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(B). See 1983
Amendment note below.
Subsec. (f)(8)(B), (C). Pub. L. 98-369, Sec. 2663(a)(3)(D),
realigned margins of subpars. (B) and (C).
Subsec. (f)(9). Pub. L. 98-369, Sec. 2661(g)(2)(A), added par.
(9).
Subsec. (h)(4). Pub. L. 98-369, Sec. 2602(a), added par. (4).
1983 - Subsec. (a)(3)(A). Pub. L. 98-21, Sec. 331(a)(1), amended
cl. (ii) generally, substituting provisions relating to an amount
(I) initially equal to the product of 1.75 and the primary
insurance amount that would be computed under section 415(a)(1) of
this title, for January of the year determined for purposes of this
clause under the following two sentences, with respect to average
indexed monthly earnings equal to one-twelfth of the contribution
and benefit base determined for that year under section 430 of this
title, and (II) thereafter increased in accordance with the
provisions of section 415(i)(2)(A)(ii) of this title, for
provisions relating to an amount equal to the product of 1.75 and
the primary insurance amount that would be computed under section
415(a)(1) of this title for that month with respect to average
indexed monthly earnings equal to one-twelfth of the contribution
and benefit base determined for that year under section 430 of this
title, and inserted provisions following cl. (ii).
Subsec. (a)(7). Pub. L. 98-21, Sec. 331(a)(2), substituted "the
amount determined in accordance with the provisions of paragraph
(3)(A)(ii) of this subsection, except that for this purpose the
references to subparagraph (A) in the last two sentences of
paragraph (3)(A) shall be deemed to be references to paragraph (7)"
for "the product of 1.75 and the primary insurance amount that
would be computed under section 415(a)(1) of this title for that
month with respect to average indexed monthly earnings equal to one-
twelfth of the contribution and benefit base determined under
section 430 of this title for the year in which that month occurs".
Subsec. (b)(1). Pub. L. 98-21, Sec. 309(f), inserted "or
father's" after "mother's" in provisions following subpar. (B).
Pub. L. 98-21, Sec. 132(b)(1)(A)(iii), substituted "clauses (A)
and (B)" for "clauses (1) and (2)" in provisions following subpar.
(B).
Pub. L. 98-21, Sec. 132(b)(1)(A)(i), (ii), (iv), designated
existing provisions of subsec. (b) as par. (1), and in par. (1), as
so designated, redesignated cls. (1) and (2) as (A) and (B),
respectively, and cls. (A) and (B) as (i) and (ii), respectively.
Subsec. (b)(1)(i). Pub. L. 98-21, Sec. 331(b), substituted "first
sentence of paragraph (4)" for "penultimate sentence".
Subsec. (b)(2). Pub. L. 98-21, Sec. 132(b)(1)(A)(v), added par.
(2).
Subsec. (c). Pub. L. 98-21, Sec. 201(c)(2), substituted
"retirement age (as defined in section 416(l) of this title)" for
"age sixty-five".
Pub. L. 98-21, Sec. 201(c)(1)(B), substituted "retirement age (as
defined in section 416(l) of this title)" for "age 65" wherever
appearing in provisions following par. (4).
Pub. L. 98-21, Sec. 309(g), amended subsec. (c) generally,
substituting in par. (1) specification of more than forty-five
hours of nonrecovered remunerative activity for specification of
seven or more different days of such activity, and in pars. (2) to
(4) provisions not distinguishing between the sexes for provisions
relating only to the entitlements of women, and in provisions
following par. (4) inserting "or surviving divorced husband" after
"widower".
Subsec. (d)(1). Pub. L. 98-21, Sec. 309(h), inserted "divorced
husband," after "husband,".
Pub. L. 98-21, Sec. 132(b)(2), designated existing provisions as
subpar. (A) and added subpar. (B).
Subsec. (d)(2). Pub. L. 98-21, Sec. 309(h), inserted "or
father's" after "mother's" in three places.
Subsec. (f)(1). Pub. L. 98-21, Sec. 132(b)(1)(B)(i), inserted
"(excluding divorced spouses referred to in subsection (b)(2) of
this section)" after "and all other persons" and after "other
persons" and inserted "such" after "payments to which such
individual and all" in first sentence.
Subsec. (f)(1)(D). Pub. L. 98-21, Sec. 201(c)(1)(B), substituted
"retirement age (as defined in section 416(l) of this title)" for
"age 65" in two places.
Subsec. (f)(1)(F). Pub. L. 98-21, Sec. 306(i), substituted
"section 402(b) or (c) of this title (but only by reason of having
a child in his or her care within the meaning of paragraph (1)(B)
of subsection (b) or (c) of this section, as may be applicable)"
for "section 402(b) of this title (but only by reason of having a
child in her care within the meaning of paragraph (1)(B) of that
subsection)".
Subsec. (f)(3). Pub. L. 98-21, Sec. 347(a), substituted "33 1/3
percent of his earnings for such year in excess of the product of
the applicable exempt amount as determined under paragraph (8) in
the case of an individual who has attained retirement age (as
defined in section 416(l) of this title) before the close of such
taxable year, or 50 percent of his earnings for such year in excess
of such product in the case of any other individual" for "50 per
centum of his earnings for such year in excess of the product of
the applicable exempt amount as determined under paragraph (8)".
Subsec. (f)(5)(C). Pub. L. 98-21, Sec. 324(c)(4), inserted
provision excluding from "wages" certain payments on account of
retirement or under a pension plan of the employer.
Subsec. (f)(5)(D)(i). Pub. L. 98-21, Sec. 201(c)(1)(B), as
amended by Pub. L. 98-369, Sec. 2662(c)(1), substituted "retirement
age (as defined in section 416(l) of this title)" for "the age of
65".
Subsec. (f)(7). Pub. L. 98-21, Sec. 132(b)(1)(B)(ii), inserted
"(excluding divorced spouses referred to in subsection (b)(2) of
this section)" after "all persons".
Subsec. (f)(8)(A). Pub. L. 98-21, Sec. 111(a)(4), substituted
"December" for "June".
Subsec. (f)(8)(D). Pub. L. 98-21, Sec. 201(c)(1)(B), substituted
"retirement age (as defined in section 416(l) of this title)" for
"age 65".
1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2206(b)(2),
substituted in provisions following subpar. (D) "decreased to the
next lower" for "increased to the next higher".
Subsec. (a)(3)(B)(iii). Pub. L. 97-35, Sec. 2206(b)(3),
substituted "next lower multiple" for "next higher multiple".
Subsec. (a)(8). Pub. L. 97-123, Sec. 2(f), struck out ", modified
by the application of section 415(a)(6) of this title".
Pub. L. 97-35, Secs. 2201(c)(6), 2206(b)(4), inserted ", modified
by the application of section 415(a)(6) of this title" and inserted
provision that for the purposes of the preceding sentence, the
phrase "rounded to the next higher multiple of $0.10", as it
appeared in subsec. (a)(2)(C) of this section as in effect in
December 1978, be deemed to read "rounded to the next lower
multiple of $0.10".
1980 - Subsec. (a). Pub. L. 96-265 added par. (6), redesignated
former pars. (6) to (8) as (7) to (9), respectively, and made
conforming amendments to pars. (1), (2)(D), and (8).
Subsec. (a)(3)(A). Pub. L. 96-473, Sec. 6(b)(1), substituted
"entitled on the basis" for "entitled on the bases".
Subsec. (a)(7). Pub. L. 96-473, Sec. 6(b)(2), substituted
"benefit base" for "benefits base".
Subsec. (f)(1). Pub. L. 96-473, Secs. 1(a)(1), 4(a), inserted
reference to December 1977 in cl. (E) and added cl. (F).
Subsec. (f)(2)(F). Pub. L. 96-473, Sec. 1(a)(2), inserted
reference to cl. (F).
Subsec. (f)(5)(D). Pub. L. 96-473, Sec. 3(a), revised former cls.
(i) and (ii) into cl. (i), inserted reference to women, and added
cl. (ii).
1977 - Subsec. (a)(1) to (7). Pub. L. 95-216, Sec. 202, generally
restated the provisions of existing pars. (1) to (5) with changes
to take into account the revised system for computing primary
insurance amounts based on wage-indexed earnings and redistributed
those existing provisions as thus restated into pars. (1) to (7).
Subsec. (a)(8). Pub. L. 95-216, Sec. 204(e), added par. (8).
Subsecs. (c)(1), (d)(1), (f)(1)(B). Pub. L. 95-216, Sec. 302(a),
substituted "seventy" for "seventy-two".
Subsec. (f)(1)(E). Pub. L. 95-216, Secs. 301(d), 303(a),
substituted "the applicable exempt amount" for "$200 or the exempt
amount" and inserted ", if such month is in the taxable year in
which occurs the first month that is both (i) a month for which the
individual is entitled to benefits under subsection (a), (b), (c),
(d), (e), (f), (g), or (h) of section 402 of this title (without
having been entitled for the preceding month to a benefit under any
other of such subsections), and (ii) a month in which the
individual did not engage in self-employment and did not render
services for wages (determined as provided in paragraph (5)) of
more than the applicable exempt amount as determined under
paragraph (8)" after "as determined under paragraph (8)".
Subsec. (f)(3). Pub. L. 95-216, Sec. 301(d), substituted "the
applicable exempt amount" for "$200 or the exempt amount".
Pub. L. 95-216, Sec. 302(b), substituted "age 70" for "age 72".
Subsec. (f)(4)(B). Pub. L. 95-216, Sec. 301(d), substituted "the
applicable exempt amount" for "$200 or the exempt amount".
Subsec. (f)(8)(A). Pub. L. 95-216, Sec. 301(a), substituted "the
new exempt amounts (separately stated for individuals described in
subparagraph (D) and for other individuals) which are to be
applicable (unless prevented from becoming effective by
subparagraph (C) with respect to taxable years ending in (or with
the close of) the calendar year after the calendar year" for "a new
exempt amount which shall be effective (unless such new exempt
amount is prevented from becoming effective by subparagraph (C) of
this paragraph) with respect to any individual's taxable year which
ends after the calendar year".
Subsec. (f)(8)(B). Pub. L. 95-216, Secs. 301(b), 353(a),
applicable with respect to taxable years ending after Dec. 1977,
substituted "Except as otherwise provided in subparagraph (D), the
exempt amount which is applicable to individuals described in such
subparagraph and the exempt amount which is applicable to other
individuals for each month of a particular taxable year, shall each
be" for "The exempt amount for each month of a particular taxable
year shall be" in provisions preceding cl. (i), substituted "the
corresponding exempt amount" for "the exempt amount" in cl. (i),
and, in provisions following cl. (ii), substituted "an exempt
amount" for "the exempt amount", and effective Jan. 1, 1979,
substituted "is" for "was" in cl. (i) and, in cl. (ii), 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 calendar year in which the determination under
subparagraph (A) 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 the calendar year before the most recent
calendar year" for "(I) 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
subparagraph (A) was made to (II) 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 the
most recent calendar year" and struck out reference to wages for
calendar year 1978.
Subsec. (f)(8)(D). Pub. L. 95-216, Sec. 301(c)(1), added subpar.
(D).
Subsec. (h)(1)(A). Pub. L. 95-216, Sec. 301(d), substituted "the
applicable exempt amount" for "$200 or the exempt amount".
Pub. L. 95-216, Sec. 302(c), substituted "age 70" for "the age of
72" and for "age 72".
Subsec. (j). Pub. L. 95-216, Sec. 302(a), (d), substituted
"seventy" for "seventy-two" in heading and in text.
1976 - Subsec. (f)(8)(B)(ii). 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" in cl. (I), 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, if later,
the first calendar quarter of" in cl. (II), and directed that the
average wages for calendar year 1978, or any prior calendar year,
be deemed equal to 400% of the average wages reported for the first
quarter of that year.
1973 - Subsec. (f). Pub. L. 93-66, Sec. 202(a), (b), substituted
in pars. (1), (3), first sentence, and (4)(B), "$200" for "$175".
Subsec. (f)(8)(A). Pub. L. 93-233, Sec. 3(k)(1), substituted:
"with the month of June following" for "with the first month of the
calendar year following", "which ends after the calendar year in
which such benefit increase is effective" for "which ends with the
close of or after the calendar year with the first month of which
such benefit increase is effective", and "during the calendar year
after the calendar year in which the benefit increase is effective"
for "during such calendar year"; and struck out after "such quarter
occurs" and before "a new exempt amount" parenthetical "(along with
the publication of such benefit increased as required by section
415(i)(2)(D) of this title)".
Subsec. (f)(8)(B)(ii). Pub. L. 93-233, Sec. 18(a), substituted
"exempt amount" for "contribution and benefit base" and
"subparagraph (A)" for "section 430(a) of this title",
respectively.
Subsec. (f)(8)(B) foll. (ii). Pub. L. 93-233, Sec. 3(k)(2),
substituted "within 30 days after the close of the base quarter (as
defined in section 415(i)(1)(A) of this title) in such year" for
"no later than August 15 of such year".
Subsec. (f)(8)(C). Pub. L. 93-233, Sec. 3(k)(3), struck out "or
providing a general benefit increase under this subchapter (as
defined in section 415(i)(3) of this title)" after "law increasing
the exempt amount".
Subsec. (h)(1)(A). Pub. L. 93-66, Sec. 202(c), substituted "$200"
for "$175".
1972 - Subsec. (a). Pub. L. 92-336, Sec. 202(a)(2)(A), inserted
"in or deemed to be" after "the table".
Subsec. (a)(2). Pub. L. 92-336, Sec. 202(a)(2)(B), as amended by
Pub. L. 92-603, Secs. 103(c), 144(a)(3), substituted provisions
relating to the reduction in the total benefits for any month after
January 1971 where two or more persons were entitled to monthly
benefits under section 402 or 423 of this title for January 1971 or
any prior month, for provisions relating to the reduction in the
total of benefits for September 1972 or any subsequent month where
two or more persons were entitled to monthly benefits under section
402 or 423 of this title for August, 1972.
Pub. L. 92-336, Sec. 201(b), substituted provisions relating to
the reduction in the total of benefits for September 1972 or any
subsequent month where two or more persons were entitled to monthly
benefits under section 402 or 423 of this title for August 1972,
for provisions relating to the reduction in the total of benefits
for January 1971 or any subsequent month where two or more persons
were entitled to monthly benefits under section 402 or 423 of this
title for January 1971.
Subsec. (a)(2)(B). Pub. L. 92-603, Sec. 144(a)(2), inserted
"such" before "person".
Subsec. (a)(4). Pub. L. 92-336, Sec. 201(h)(1), added par. (4).
Subsec. (a)(5). Pub. L. 92-603, Sec. 101(b), added par. (5).
Subsec. (c). Pub. L. 92-603, Secs. 102(c)(1), 107(b)(1),
substituted "attained age 65 (but only if she became so entitled
prior to attaining age (60), or from any widower's insurance
benefit for any month in which the widower is entitled and has not
attained age 65 (but only if he became so entitled prior to
attaining age 60)" for "attained age 62 (but only if she became so
entitled prior to attaining age 60), or from any widower's
insurance benefit for any month in which the widower is entitled
and has not attained age 62".
Subsec. (f)(1). Pub. L. 92-603, Secs. 102(c)(2), 105(a)(1),
107(b)(2), substituted "attained age 65 (but only if she became so
entitled prior to attaining age 60), or widower's insurance
benefits and has not attained age 65 (but only if she became so
entitled prior to attaining age 60)" for "attained age 62 (but only
if she became so entitled prior to attaining age 60), or widower's
insurance benefits and has not attained age 62" in cl. (D) and
substituted "$175 or the exempt amount as determined under
paragraph (8)" for "$140" in cl. (E).
Subsec. (f)(3). Pub. L. 92-603, Secs. 105(a)(3), 106(a),
substituted "shall be 50 per centum of his earnings for such year
in excess of the product of $175 or the exempt amount as determined
under paragraph (8)," for "shall be his earnings for such year in
excess of the product of $140" and struck out ", except that of the
first $1,200 of such excess (or all of such excess if it is less
than $1,200), an amount equal to one-half thereof shall not be
included" after "number of months in such year" and inserted
provisions for the exclusion of certain earnings in the year of
attaining age 72.
Subsec. (f)(4)(B). Pub. L. 92-603, Sec. 105(a)(1), substituted
"$175 or the exempt amount as determined under paragraph (8)" for
"$140".
Subsec. (f)(8). Pub. L. 92-603, Sec. 105(b), added par. (8).
Subsec. (h)(1)(A). Pub. L. 92-603, Sec. 105(a)(2), substituted
"$175 or the exempt amount as determined under subsection (f)(8) of
this section" for "$140".
1971 - Subsec. (a)(2). Pub. L. 92-5 substituted references to
January 1971 for references to January 1970, substituted "December
1970" for "December 1969", and, in subpar. (B), substituted "prior
to March 17, 1971" for "prior to December 30, 1969 (and prior to
January 1, 1970)", and lowered the multiple of the benefit amount
from 115 percent to 110 percent.
1969 - Subsec. (a)(2). Pub. L. 91-172 substituted references to
January 1970 for references to February 1968, and, in subpar. (B),
substituted "prior to December 30, 1969 (and prior to January 1,
1970)" for "prior to February 1968", and raised the multiple of the
benefit amount from 113 percent to 115 percent.
1968 - Subsec. (a). Pub. L. 90-248, Sec. 163(a)(1), provided for
reduction of benefits in the total of monthly benefits to which
individuals are entitled for any month on the basis of the wages
and self-employment income of an insured individual and that where
such total of benefits for such month includes any benefit or
benefits under section 402(d) of this title which are payable
solely by reason of section 416(h)(3) of this title, the reduction
shall be first applied to reduce (proportionately where there is
more than one benefit so payable) the benefits so payable (but not
below zero).
Subsec. (a)(2). Pub. L. 90-248, Sec. 101(b), substituted
references to February 1968 for former references to December 1964
and for former references to the enactment of the Social Security
Amendments of 1965, increased the multiple of the benefit amount
from 107 to 113 percent, and struck out former cl. (ii) which
provided that the total of monthly benefits shall not be reduced to
less than the larger of the amount determined under subpar. (A) or
with respect to any month after the month in which the Social
Security Amendments of 1965 are enacted, an amount equal to the sum
of the amounts derived by multiplying the benefit amount determined
under this subchapter (including subsection (a) of this section,
but without the application of section 422(b) of this title,
section 402(q) of this title, and subsections (b), (c) and (d) of
this section), as in effect prior to the enactment of such
Amendments, for each such person (other than a person who would not
be entitled to such benefits for such month without the application
of the amendments made by section 306 of the Social Security
Amendments of 1965) for the month of enactment, by 107 percent and
raising each such increased amount, if it is not a multiple of
$0.10, to the next higher multiple of $0.10.
Subsec. (c). Pub. L. 90-248, Sec. 104(d)(1)(A), inserted after
"any subsequent month" in third sentence "; nor shall any deduction
be made under this subsection from any widow's insurance benefit
for any month in which the widow or surviving divorced wife is
entitled and has not attained age 62 (but only if she became so
entitled prior to attaining age 60), or from any widower's
insurance benefit for any month in which the widower is entitled
and has not attained age 62".
Subsec. (f)(1). Pub. L. 90-248, Secs. 104(d)(1)(B), 107(a)(1),
inserted in third sentence subpar. (D) and redesignated existing
provisions as subpar. (E), and substituted "$140" for "125".
Subsec. (f)(2). Pub. L. 90-248, Sec. 104(d)(1)(C), substituted
"(D), and (E)" for "and (D)".
Subsec. (f)(3). Pub. L. 90-248, Sec. 107(a)(1), substituted
"$140" for "$125".
Subsec. (f)(4). Pub. L. 90-248, Sec. 104(d)(1)(D), substituted
"(E)" for "(D)".
Subsec. (f)(4)(B). Pub. L. 90-248, Sec. 107(a)(1), substituted
"$140" for "$125".
Subsec. (g). Pub. L. 90-248, Sec. 161(b), substituted provisions
that the penalty for the first failure to report will equal one
month's benefit, for the second failure to report - two month's
benefits, for the third or a subsequent failure to report - three
month's benefits but in no case will the penalty exceed the number
of months in the period for which there is a failure to report, and
defining "period for which there is a failure to report" for
present provisions that the penalty for the first failure to report
is one month's benefit and for subsequent failures, the penalty is
an amount equal to the total amount of the benefits for all the
months in which the event occurred but was not reported within the
prescribed time.
Subsec. (h)(1)(A). Pub. L. 90-248, Secs. 107(a)(2), 160(a),
inserted last sentence authorizing the Secretary to extend time to
report earnings up to three months if there is a valid reason for
delay, and substituted "$140" for "$125".
Subsec. (h)(2). Pub. L. 90-248, Sec. 160(b), substituted in text
preceding subpar. (A) "by or in accordance with such paragraph" for
"therein".
Subsec. (h)(2)(A). Pub. L. 90-248, Sec. 161(a), inserted
exception provision that if the deduction is less than the amount
of his benefits for the last month for which he was entitled to
benefits, the additional deduction will be the amount of the
deduction under subsec. (b) but not less than ten dollars.
1965 - Subsec. (a)(2). Pub. L. 89-97, Sec. 301(c), substituted
provisions to assure an increase in the family benefits for
families who were on the benefit rolls after December 1964 and
whose benefits were determined under former provisions by providing
that the maximum family benefit of each month after December 1964
will be the larger of (1) the family maximum specified in column V
of the new table or (2) the sum of all family members' benefits
after each such benefit has been increased by seven percent (and
rounded to the next higher ten cents if it is not already a
multiple of ten cents), for former provisions restricting the
reduction of total benefits to individuals entitled to monthly
benefits under section 402 or 423 of this title for December 1958.
Subsec. (a)(3). Pub. L. 89-97, Secs. 301(c), 308(d)(6), struck
out par. (3) which was a special saving clause for maximum family
benefits of people who became disabled before 1959 since families
whose benefits were determined under such par. (3) are now covered
by subsec. (a)(2) of this section, and added par. (3),
respectively.
Subsec. (c). Pub. L. 89-97, Sec. 306(c)(10), (11), inserted in
penultimate sentence "paragraph (1) of section 402(s) of this title
applies or" after "for any month in which" and in last sentence the
introductory phrase "Subject to paragraph (3) of such section
402(s)".
Subsec. (c)(4). Pub. L. 89-97, Sec. 308(d)(7), substituted
"surviving divorced mother" for "former wife divorced".
Subsec. (d)(1). Pub. L. 89-97, Sec. 308(d)(8), inserted "divorced
wife," after "wife,".
Subsec. (f)(1). Pub. L. 89-97, Secs. 306(c)(12), 310(a)(1),
inserted "but subject to section 402(s) of this title" after
"Notwithstanding the preceding provisions of this paragraph" in
last sentence and substituted "$125" for "$100".
Subsec. (f)(3). Pub. L. 89-97, Sec. 310(a)(1), (2), substituted
"$125" for "$100" and "$1,200" for "$500" in two places.
Subsec. (f)(4)(B). Pub. L. 89-97, Sec. 310(a)(1), substituted
"$125" for "$100".
Subsec. (f)(5)(B). Pub. L. 89-97, Sec. 325(a)(1), broke down
existing provisions into cls. (i) and (ii), provided, in cl. (ii),
for exclusion from gross income of amounts provided by subpar. (D)
of this par., and, in cl. (ii), inserted reference to distributive
share of loss described in section 702(a)(9) of Title 26.
Subsec. (f)(5)(D). Pub. L. 89-97, Sec. 325(a)(2), added subpar.
(D).
Subsec. (h)(1)(A). Pub. L. 89-97, Sec. 310(a)(3), substituted
"$125" for "$100".
1961 - Subsec. (f)(3). Pub. L. 87-64 substituted "$500" for
"$300" in two places.
1960 - Subsec. (a)(3). Pub. L. 86-778, Sec. 302(a), substituted
", then such total of benefits shall not be reduced to less than
$99.10 if such primary insurance amount is $66, to less than
$102.40 if such primary insurance amount is $67, to less than
$106.50 if such primary insurance amount is $68, or, if such
primary insurance amount is higher than $68, to less than the
smaller of" for "and is not less than $68, then such total of
benefits shall not be reduced to less than the smaller of" in the
provisions following cl. (B), and "the amount determined under this
subsection without regard to this paragraph, or $206.60, whichever
is larger" for "the last figure in column V of the table appearing
in section 415(a) of this title" in cl. (C).
Subsec. (b). Pub. L. 86-778, Sec. 211(a), amended subsec. (b)
generally, and among other changes, authorized deductions from
payments to which any other persons are entitled on the basis of an
individual's wages and self-employed income, substituted provisions
requiring deductions for months in which an individual is charged
with excess earnings under the provisions of subsec. (f) of this
section for provisions which required deductions for months in
which an individual is charged with any earnings under the
provisions of subsec. (e) of this section, and inserted the second,
third, fourth and fifth sentences. Former cls. (2)-(5) and the
closing paragraph of subsec. (b) are covered by subsec. (c) of this
section.
Subsec. (c). Pub. L. 86-778, Sec. 211(b), redesignated the
opening provisions, cls. (2) to (5) and the closing provisions of
former subsec. (b) of this section as the opening provisions, cls.
(1) to (4) and the closing provisions of subsec. (c), respectively.
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 86-778, Sec. 211(c), added subsec. (d) and
redesignated former subsec. (d) as (e). Provisions of subsec. (d)
were formerly contained in subsec. (c) of this section.
Subsec. (e). Pub. L. 86-778, Sec. 211(c), (d), redesignated
former subsec. (d) as (e), substituted "subsections (c) and (d) of
this section" for "subsections (b) and (c) of this section", and
struck out provisions which required the charging of any earnings
to any month to be treated as an event occurring in such month.
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 86-778, Sec. 211(c), (e), redesignated
former subsec. (e) as (f), and amended such subsection by inserting
pars. (3) and (7), substituting provisions requiring an amount of
an individual's excess earnings equal to the sum of the payments to
which he and all other persons are entitled for the month under
section 402 of this title on the basis of his wages and self-
employment income (or the total of his excess earnings if such
excess earnings are less than such sum) to be charged to the first
month of the taxable year, and the balance, if any, of such excess
earnings to be charged to each succeeding month in such year to the
extent, in the case of each month, of the sum of the payments to
which such individual and all other persons are entitled for such
month under section 402 of this title on the basis of his wages and
self-employment income, until the total of such excess has been so
charged, for provisions which required the first $80 of earnings in
excess of $1,200 to be charged to the first month of the taxable
year, and the balance, if any, at the rate of $80 per month to each
succeeding month in such year until all of the balance has been
applied, and inserting provisions requiring the excess earnings of
an individual for any taxable year, where an individual is entitled
to benefits under section 402(a) of this title and other persons
are entitled to benefits under section 402 (b), (c), or (d) of this
title on the basis of the wages and self-employment income of such
individual, to be charged in accordance with the provisions of this
subsection before the excess earnings of such persons for a taxable
year are charged to months in such individual's taxable year.
Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 86-778, Secs. 209(a), 211(c), redesignated
former subsec. (f) as (g), and substituted therein "subsection (c)
of this section" for "subsection (b) or (c) of this section" in two
places, and struck out "(other than an event specified in
subsection (b)(1) or (c)(1) of this section)" after "of an event
specified therein." Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 86-778, Sec. 211(c), (f), redesignated
former subsec. (g) as (h), and substituted therein "paragraph (5)
of subsection (f) of this section" for "paragraph (4) of subsection
(e) of this section" in two places, "paragraph (3) of this
subsection" for "paragraph (3) of subsection (g) of this section",
"subsection (b) of this section" for "subsection (b)(1) of this
section" in five places, and "suspend the total or less than the
total payment" for "suspend the payment." Former subsec. (h)
redesignated (i).
Subsec. (i). Pub. L. 86-778, Sec. 211(c), (g), redesignated
former subsec. (h) as (i) and substituted therein "subsection (b),
(c), (g), or (h) of this section" for "subsection (b), (f), or (g)
of this section." Former subsec. (i) was repealed by Act Sept. 1,
1954, ch. 1206, title I, Sec. 112(a), 68 Stat. 1085.
Subsec. (k). Pub. L. 86-778, Sec. 103(b), substituted "the
Commonwealth of Puerto Rico, the Virgin Islands, Guam or American
Samoa" for "Puerto Rico or the Virgin Islands", and "the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa" for "Puerto Rico and the Virgin Islands".
Subsec. (l). Pub. L. 86-778, Sec. 211(h), substituted "subsection
(g) or (h)(1)(A) of this section" for "subsection (f) or (g)(1)(A)
of this section".
1958 - Subsec. (a). Pub. L. 85-840, Sec. 101(f), substituted
provisions limiting the total of monthly benefits under sections
402 and 423 of this title to the amount provided in column V of the
table in section 415(a) of this title for provisions which limited
the total of monthly benefits under section 402 of this title to
$50, or 80% of the average monthly wage, or one and one-half times
the primary insurance amount, whichever is greater, with a maximum
amount of $200 and inserted provisions limiting the reduction for
individuals who were entitled to monthly benefits under section 402
or 423 of this title for December 1958, and for individuals
entitled to monthly benefits with respect to whom a period of
disability began prior to January 1959 and continued until he
became entitled to benefits under section 402 or 423 of this title,
or he died, whichever first occurred.
Subsec. (c). Pub. L. 85-840, Sec. 205(j), inserted ", based on
the wages and self-employment income of an individual entitled to
old-age insurance benefits," before "to which a wife" in opening
provisions of par. (1), and Pub. L. 85-840, Sec. 307(f), designated
existing provisions of subsec. (c) as par. (1), redesignated
subpars. (1) and (2) of par. (1) as subpars. (A) and (B),
substituted in subpar. (B) of par. (1) "subparagraph (A)" for
"paragraph (1)", and added par. (2).
Subsec. (e)(2). Pub. L. 85-840, Sec. 308(a), (c), substituted
"first month" for "last month" and "succeeding month" for
"preceding month" wherever appearing, and "$100" for "$80" in cl.
(D).
Subsec. (e)(3). Pub. L. 85-840, Sec. 308(b), (c), substituted
"the term 'first month of such taxable year' means the earliest
month" for "the term 'last month of such taxable year' means the
latest month" in cl. (A), and "$100" for "$80" in cl. (B)(ii).
Subsec. (g)(1). Pub. L. 85-840, Sec. 308(d), designated existing
provisions thereof as subpar. (A) and inserted provisions therein
dispensing with the need for a report for any taxable year if
benefit payments for all months (in such taxable year) in which
such individual is under age 72 have been suspended under the
provisions of the first sentence of par. (3) of this subsection,
and added subpar. (B).
Subsec. (h). Pub. L. 85-840, Sec. 205(k), struck out provisions
that related to reductions by reason of the provisions of section
424 of this title.
Subsec. (l). Pub. L. 85-840, Sec. 308(e), substituted "(g)(1)(A)
of this section" for "(g) of this section".
1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 101(d), inserted
"after any deductions under section 422(b) of this title, and after
any reduction under section 424 of this title" in two places.
Subsec. (b). Act Aug. 1, 1956, Sec. 101(e), inserted paragraph
providing that a child should not be considered to be entitled to a
child's insurance benefit for any month in which an event specified
in section 422(b) of this title occurs with respect to such child,
and prohibiting any deduction from any child's insurance benefit
for the month in which the child entitled to such benefit attained
the age of 18 or any subsequent month.
Subsec. (b)(3). Act Aug. 1, 1956, Sec. 102(d)(11), substituted
"age 65" for "retirement age" and inserted "any such wife's
insurance benefit for such month was not reduced under the
provisions of section 402(q) of this title".
Subsec. (d). Act Aug. 1, 1956, Sec. 101(f), included events
specified in section 422(b) of this title.
Subsec. (e)(4)(C). Act Aug. 1, 1956, Sec. 112(a), inserted "or
performed outside the United States in the active military or naval
service of the United States" after "performed within the United
States by the individual as an employee".
Subsec. (g)(1). Act Aug. 1, 1956, Sec. 107(a), permitted reports
to be made on or before the fifteenth day of the fourth month
following the close of the year.
Subsec. (h). Act Aug. 1, 1956, Sec. 101(g), included deductions
by reason of the provisions of section 422(b) of this title, and
reductions by reason of the provisions of section 424 of this
title.
Subsec. (k). Act Aug. 1, 1956, Sec. 112(b), inserted "and are not
performed in the active military or naval service of the United
States" after "section 410 of this title".
1954 - Subsec. (a). Act Sept. 1, 1954, Sec. 102(e)(7), increased
maximum limitations on the total monthly amount of benefits.
Subsec. (b)(1), (2). Act Sept. 1, 1954, Sec. 103(a), (i)(3), put
into effect an annual retirement test for beneficiaries whether
they have wage or self-employment earnings, or both, inserted
provision for making deductions on account of nonrecovered
remunerative activity outside the United States, and provided that
deductions because of such provisions be made from an individual's
benefits only for months in which he is under the age of 72, rather
than 75.
Subsec. (c). Act Sept. 1, 1954, Sec. 103(b), (i)(3), provided
that deductions be made from a dependent's benefits for any month
in which the primary beneficiary was under the age of 72, and for
which he was charged with any earnings for work deduction purposes
under subsec. (e) or on 7 or more different calendar days of which
he engaged in noncovered remunerative activity outside the United
States.
Subsec. (d). Act Sept. 1, 1954, Sec. 103(c), provided that the
charging of earnings shall be treated as an event occurring in the
month to which such earnings are charged.
Subsec. (e)(1), (2). Act Sept. 1, 1942, Sec. 103(d)(1), (2),
(i)(3), provided a method for charging earnings to particular
months of the year for purposes of determining the deductions
required under subsecs. (b) and (c).
Subsec. (e)(3)(B). Act Sept. 1, 1954, Sec. 103(d)(3), provided
authority to presume, for purposes of charging earnings to calendar
months, that an individual rendered services for wages of more than
$80 in any month.
Subsec. (e)(4), (5). Act Sept. 1, 1954, Sec. 103(d)(4), added
pars. (4) and (5).
Subsec. (f). Act Sept. 1, 1954, Sec. 103(e), clarified the
penalty provisions.
Subsec. (g). Act Sept. 1, 1954, Sec. 103(f)(1), amended heading.
Subsec. (g)(1). Act Sept. 1, 1954, Sec. 103(f)(2), (3), provided
that if an individual entitled to any monthly benefit in a taxable
year has earnings or wages in excess of $100 times the number of
months in such year, he must make a report to the Secretary of his
earnings for such taxable year, and substituted "seventy-two" for
"seventy-five".
Subsec. (g)(2). Act Sept. 1, 1954, Sec. 103(f)(4), provided a
schedule of penalty deductions for failure to make required reports
within the time prescribed by subsec. (g)(1) if any deduction is
imposed because of earnings in such year.
Subsec. (g)(3). Act Sept. 1, 1954, Sec. 103(f)(5), substituted
"subsection (b)(1)" for "subsection (b)(2)", "earnings" for "net
earnings from self-employment", and "such earnings" for "such net
earnings", and added a new sentence at the end.
Subsec. (i). Act Sept. 1, 1954, Sec. 112(a), repealed subsec.
(i), effective Sept. 1, 1954, and also provided that no deductions
should be made pursuant to such subsec. (i) from any benefits for
any month after August 1954.
Subsec. (j). Act Sept. 1, 1954, Sec. 103(f)(6), (i)(3),
substituted "seventy-two" for "seventy-five".
Subsec. (k). Act Sept. 1, 1954, Sec. 103(g), added subsec. (k).
Subsec. (l). Act Sept. 1, 1954, Sec. 103(h), added subsec. (l).
1952 - Subsec. (a). Act July 18, 1952, Sec. 2(b)(2), increased
the maximum and minimum monthly benefits payable a family.
Subsecs. (b)(1), (2), (c)(1), (2), (e), (g). Act July 18, 1952,
Sec. 4(a)-(d), substituted $75 for $50 wherever appearing.
1950 - Subsec. (a). Act Aug. 28, 1950, Sec. 102(a), amended
subsec. (a) generally to consolidate provisions of former subsecs.
(a) to (c) of this section and to liberalize the maximum amount of
monthly benefits payable.
Subsec. (b). Act Aug. 28, 1950, Sec. 103(a), provided that
deductions are to be made from benefits for any month in which a
beneficiary is under age 75 and either renders services for wages
of more than $50, or is charged with net earnings from self-
employment of more than $50, and provided that deductions are to
be made for any month in which a wife, widow or divorced wife does
not have in her care a child or her husband or former husband
entitled to a child's insurance benefit.
Subsec. (c). Act Aug. 28, 1950, Sec. 103(a), provided for the
making of deductions from dependents benefits for any month in
which the old-age beneficiary suffers a reduction in his benefit.
Subsec. (d). Act Aug. 28, 1950, Sec. 103(a), inserted second
sentence.
Subsec. (e). Act Aug. 28, 1950, Sec. 103(a), provided the method
for charging net earnings from self-employment to the particular
months of the taxable year for the purpose of determining
deductions under subsecs. (b)(2) and (c)(2) of this section.
Subsec. (f). Act Aug. 28, 1950, Sec. 103(a), continued provisions
requiring the reporting of any event which causes a deduction from
benefits.
Subsec. (g). Act Aug. 28, 1950, Sec. 103(a), outlined
circumstances under which beneficiaries with net earnings from self-
employment are required to file report with the Federal Security
Administrator.
Subsec. (h). Act Aug. 28, 1950, Sec. 103(a), pointed out
circumstances under which deductions otherwise required under
subsecs. (b), (f), and (g) of this section will not be made.
Subsecs. (i), (j). Act Aug. 28, 1950, Sec. 103(a), added subsecs.
(i) and (j).
1946 - Subsec. (g). Act Aug. 10, 1946, Sec. 406(b), inserted
exception limiting the first deduction for failure to report to one
month's benefit.
Subsec. (d)(2). Act Aug. 10, 1946, Sec. 406(a), struck out par.
(2) which related to deductions for failure to attend school.
1939 - Act Aug. 10, 1939, amended section generally.

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-182 applicable with respect to taxable
years ending after Dec. 31, 1999, see section 5 of Pub. L. 106-182,
set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 102(c) of Pub. L. 104-121 provided that: "The amendments
made by this section [amending this section and section 423 of this
title] shall apply with respect to taxable years ending after
1995."

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 309(e)(1) of Pub. L. 103-296 provided that: "The
amendments made by subsections (a), (b), and (c) [amending this
section] shall apply with respect to benefits payable for months
after December 1995."
Section 310(c) of Pub. L. 103-296 provided that: "The amendments
made by this section [amending this section] shall apply for the
purpose of determining the total monthly benefits to which
beneficiaries may be entitled under sections 202 and 223 of the
Social Security Act [sections 402 and 423 of this title] based on
the wages and self-employment income of an individual who -
"(1) becomes entitled to an old-age insurance benefit under
section 202(a) of such Act,
"(2) becomes reentitled to a disability insurance benefit under
section 223 of such Act, or
"(3) dies,
after December 1995."
Section 314(b) of Pub. L. 103-296 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to reports of earnings for taxable years ending on or after
December 31, 1994."
Section 321(g)(3)(B) of Pub. L. 103-296 provided that: "The
amendment made by paragraph (2) [amending this section] shall be
effective with respect to the determination of the exempt amounts
applicable to any taxable year ending after 1994."

EFFECTIVE DATE OF 1990 AMENDMENT
Section 5117(a)(4) of Pub. L. 101-508 provided that:
"(A) In general. - Except as provided in subparagraph (B), the
amendments made by this subsection [amending this section and
section 415 of this title] shall apply with respect to the
computation of the primary insurance amount of any insured
individual in any case in which a person becomes entitled to
benefits under section 202 or 223 [section 402 or 423 of this
title] on the basis of such insured individual's wages and self-
employment income for months after the 18-month period following
the month in which this Act is enacted [November 1990], except that
such amendments shall not apply if any person is entitled to
benefits based on the wages and self-employment income of such
insured individual for the month preceding the initial month of
such person's entitlement to such benefits under section 202 or
223.
"(B) Recomputations. - The amendments made by this subsection
shall apply with respect to any primary insurance amount upon the
recomputation of such primary insurance amount if such
recomputation is first effective for monthly benefits for months
after the 18-month period following the month in which this Act is
enacted."
Section 5119(e) of Pub. L. 101-508 provided that:
"(1) In general. - The amendments made by this section [amending
this section and section 416 of this title] shall apply with
respect to benefits for months after December 1990.
"(2) Application requirement. -
"(A) General rule. - Except as provided in subparagraph (B),
the amendments made by this section shall apply only with respect
to benefits for which application is filed with the Secretary of
Health and Human Services after December 31, 1990.
"(B) Exception from application requirement. - Subparagraph (A)
shall not apply with respect to the benefits of any individual if
such individual is entitled to a benefit under subsection (b),
(c), (e), or (f) of section 202 of the Social Security Act
[section 402(b), (c), (e), or (f) of this title] for December
1990 and the individual on whose wages and self-employment income
such benefit for December 1990 is based is the same individual on
the basis of whose wages and self-employment income application
would otherwise be required under subparagraph (A)."
Section 5123(b) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section, section 411 of this
title, and section 1402 of Title 26, Internal Revenue Code] shall
apply with respect to income received for services performed in
taxable years beginning after December 31, 1990."
Section 5127(c) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to benefits for months after December 1990."

EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by section 10208(b)(1)(A), (B) of Pub. L. 101-239
applicable with respect to computation of average total wage
amounts (under amended provisions) for calendar years after 1990,
see section 10208(c) of Pub. L. 101-239, set out as a note under
section 430 of this title.
Section 10305(f) of Pub. L. 101-239 provided that: "The
amendments made by this section [amending this section and sections
404, 423, and 1383 of this title] shall apply with respect to
determinations made on or after July 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT
Section 8002(c) of Pub. L. 100-647 provided that: "The amendments
made by this section [amending this section] shall apply to deaths
after the date of the enactment of this Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT
Section 12108(b) of Pub. L. 99-272, as amended by Pub. L. 99-514,
title XVIII, Sec. 1895(a), Oct. 22, 1986, 100 Stat. 2931, provided
that: "The amendments made by subsection (a) [amending this
section] shall apply with respect to benefits payable for months
after December 1986."

EFFECTIVE DATE OF 1984 AMENDMENT
Section 2602(b) of Pub. L. 98-369 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
upon the date of the enactment of this Act [July 18, 1984]."
Section 2661(g)(1)(B) of Pub. L. 98-369 provided that: "The
amendments made by subparagraph (A) [amending this section] shall
apply only with respect to months beginning with the second month
after the month in which this Act is enacted [July 1984]."
Section 2661(g)(2)(B) of Pub. L. 98-369 provided that: "The
amendment made by subparagraph (A) [amending this section] shall be
effective as though it had been enacted on April 20, 1983, as a
part of section 201 of the Social Security Amendments of 1983
[section 201 of Pub. L. 98-21]."
Amendment by section 2662(c)(1) 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)(3) of Pub. L. 98-369 effective July
18, 1984, but not to be construed as changing or affecting any
right, liability, status, or interpretation which existed (under
the provisions of law involved) before that date, see section
2664(b) of Pub. L. 98-369, set out as a note under section 401 of
this title.

EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 111(a)(4) of 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 a note under section 402 of this title.
Section 132(c)(2) of Pub. L. 98-21 provided that: "The amendments
made by subsection (b) [amending this section] shall apply with
respect to monthly insurance benefits for months after December
1984."
Amendment by sections 306(i) and 309(f)-(h) 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 324(c)(4) of Pub. L. 98-21 applicable to
remuneration paid after Dec. 31, 1983, except for certain employer
contributions made during 1984 under a qualified cash or deferred
arrangement, and except in the case of an agreement with certain
nonqualified deferred compensation plans in existence on Mar. 24,
1983, see section 324(d) of Pub. L. 98-21, set out as a note under
section 3121 of Title 26, Internal Revenue Code.
Section 331(c) of Pub. L. 98-21 provided that: "The amendments
made by subsection (a) [amending this section] shall be effective
with respect to payments made for months after December 1983."
Section 347(b) of Pub. L. 98-21 provided that: "The amendment
made by subsection (a) [amending this section] shall apply only
with respect to taxable years beginning after December 1989, and
only in the case of individuals who have attained retirement age
(as defined in section 216(l) of the Social Security Act [42 U.S.C.
416(l)]."

EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by section 2201(c)(6) of Pub. L. 97-35 and by section
2(f) 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.
Amendment by section 2206(b)(2)-(4) of Pub. L. 97-35 applicable
only with respect to initial calculations and adjustments of
primary insurance amounts and benefit amounts which are
attributable to periods after August 1981, see section 2206(c) of
Pub. L. 97-35, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS
Section 1(b) of Pub. L. 96-473 provided that: "The amendment made
by subsection (a) [amending this section] shall apply with respect
to monthly benefits payable for months after December 1977."
Section 3(b) of Pub. L. 96-473 provided that: "The amendment made
by subsection (a) [amending this section] shall apply with respect
to taxable years ending after December 31, 1977, but only with
respect to benefits payable for months after December 1977."
Section 4(b) of Pub. L. 96-473 provided that: "The amendment made
by subsection (a) [amending this section] shall apply with respect
to monthly benefits payable for months after December 1977."
Section 101(c) of Pub. L. 96-265 provided that: "The amendments
made by this section [amending this section and section 415 of this
title] shall apply only with respect to monthly benefits payable on
the basis of the wages and self-employment income of an individual
who first becomes eligible for benefits (determined under sections
215(a)(3)(B) and 215(a)(2)(A) of the Social Security Act [section
415(a)(3)(B) and (2)(A) of this title], as applied for this
purpose) after 1978, and who first becomes entitled to disability
insurance benefits after June 30, 1980."

EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by section 202 of Pub. L. 95-216 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 deaths occurring after such month, and amendment by section
204(e) of Pub. L. 95-216 effective with respect to monthly benefits
for months after May 1978, see section 206 of Pub. L. 95-216, set
out as a note under section 402 of this title.
Section 301(e) of Pub. L. 95-216 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to taxable years ending after December 1977."
Section 302(e) of Pub. L. 95-216 provided that: "The amendments
made by this section [amending this section] shall apply only with
respect to taxable years ending after December 31, 1981."
Section 303(b) of Pub. L. 95-216 provided that: "The amendment
made by subsection (a) [amending this section] shall apply only
with respect to monthly benefits payable for months after December
1977."
Amendment by section 353(a) 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 AMENDMENT
Section 202(d) of Pub. L. 93-66 provided that: "The amendments
made by this section [amending this section] shall be effective
with respect to taxable years beginning after December 31, 1973."

EFFECTIVE DATE OF 1972 AMENDMENTS
Amendment by section 101(b) of Pub. L. 92-603 applicable with
respect to monthly insurance benefits under this subchapter for
months after December 1972 and with respect to lump-sum death
payments under this subchapter in the case of deaths occurring
after such month, see section 101(g) of Pub. L. 92-603, set out as
a note under section 415 of this title.
Section 202(a)(2)(A), (B) of Pub. L. 92-336 provided that the
amendments made by that section are effective Jan. 1, 1974.
Amendment by section 201(b) of Pub. L. 92-336 applicable with
respect to monthly benefits under subchapter II of this chapter for
months after August 1972 and with respect to lump-sum death
payments under such subchapter in the case of deaths occurring
after such month, see section 201(i) of Pub. L. 92-336, set out as
a note under section 415 of this title.
Section 144(b) of Pub. L. 92-603 provided that: "The amendments
made by each of the paragraphs in subsection (a) [amending this
section and sections 415 and 430 of this title] shall be effective
in like manner as if such amendment had been included in title II
of Public Law 92-336 in the particular provision of such title
referred to in such paragraph."
Amendment by section 201(h)(1) of Pub. L. 92-336 applicable with
respect to monthly benefits under subchapter II of this chapter for
months after December 1971, see section 201(i) of Pub. L. 92-336,
set out as a note under section 415 of this title.
Amendment by section 102(c) of Pub. L. 92-603 applicable with
respect to monthly benefits under this subchapter for months after
December 1972, see section 102(i) of Pub. L. 92-603, set out as a
note under section 402 of this title.
Amendment by section 107(b)(1), (2) of 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.
Section 105(c) of Pub. L. 92-603 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to taxable years ending after December 1972."
Section 106(b) of Pub. L. 92-603 provided that: "The amendment
made by subsection (a) [amending this section to provide for the
exclusion of certain earnings in year of attaining age 72] shall
apply with respect to taxable years ending after December 1972."

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 and with respect to lump-sum death payments under
such subchapter in the case of deaths occurring in and after March
1971, see section 201(e) of Pub. L. 92-5, set out as a note under
section 415 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable with respect to monthly
benefits under this subchapter for months after December 1969 and
with respect to lump-sum death payments under such subchapter in
the case of deaths occurring after December 1969, see section
1002(e) of Pub. L. 91-172, set out as a note under section 415 of
this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by section 101(b) of Pub. L. 90-248 applicable with
respect to monthly benefits and lump-sum death benefits in the case
of deaths occurring after January 1968, under this subchapter for
months after January 1968, see section 101(e) of Pub. L. 90-248,
set out as a note under section 415 of this title.
Amendment by section 104(d)(1) of Pub. L. 90-248 applicable with
respect to monthly benefits under this subchapter for and after the
month of February 1968, but only on the basis of applications for
such benefits filed in or after January 1968, see section 104(e) of
Pub. L. 90-248, set out as a note under section 402 of this title.
Section 107(b) of Pub. L. 90-248 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to taxable years ending after December 1967."
Section 163(a)(2) of Pub. L. 90-248 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply only with
respect to monthly benefits payable under title II of the Social
Security Act [this subchapter] with respect to individuals who
become entitled to benefits under section 202(d) of such Act
[section 402(d) of this title] solely by reason of section
216(h)(3) of such Act [section 416(h)(3) of this title] in or after
January 1968 (but without regard to section 202(j)(1) of such Act
[section 402(j)(1) of this title]). The provisions of section 170
of this Act [set out as Savings Provisions note below] shall not
apply with respect to any such individual."

EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by section 301(c) of Pub. L. 89-97 applicable with
respect to monthly benefits under this subchapter for months after
December 1964 and with respect to lump-sum death benefits payments
under this subchapter in the case of deaths occurring in or after
July 1965, see section 301(d) of Pub. L. 89-97, set out as a note
under section 415 of this title.
Amendment by section 308(d)(6)-(8) 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.
Section 310(b) of Pub. L. 89-97 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to taxable years ending after December 31, 1965."
Section 325(b) of Pub. L. 89-97 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to the computation of net earnings from self-employment and
the net loss from self-employment for taxable years beginning after
1964."

EFFECTIVE DATE OF 1961 AMENDMENT
Section 108(b) of Pub. L. 87-64 provided that: "The amendment
made by subsection (a) [amending this section] shall apply in the
case of taxable years ending after the enactment of this Act [June
30, 1961]."

EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by section 103(b) of Pub. L. 86-778 applicable only
with respect to service performed after 1960, except that insofar
as the carrying on of a trade or business (other than performance
of service as an employee) is concerned, the amendment shall be
applicable only in the case of taxable years beginning after 1960,
see section 103(v)(1) of Pub. L. 86-778, set out as a note under
section 402 of this title.
Section 211(p)-(s) of Pub. L. 86-778 provided that:
"(p) Section 203(c), (d), (e), (g), and (i) of the Social
Security Act [subsecs. (c), (d), (e), (g), and (i) of this section]
as amended by this Act shall be effective with respect to monthly
benefits for months after December 1960.
"(q) Section 203(b), (f), and (h) of the Social Security Act
[subsecs. (b), (f), and (h) of this section] as amended by this Act
shall be effective with respect to taxable years beginning after
December 1960.
"(r) Section 203(l) of the Social Security Act [subsec. (l) of
this section] as amended by this Act, to the extent that it applies
to section 203(g) of the Social Security Act as amended by this
Act, shall be effective with respect to monthly benefits for months
after December 1960 and, to the extent that it applies to section
203(h)(1)(A) of the Social Security Act as amended by this Act,
shall be effective with respect to taxable years beginning after
December 1960.
"(s) The amendments made by subsections (i), (j), (k), (l), (m),
(n), and (o) [amending sections 402, 408, and 415 of this title and
sections 228c and 228e of Title 45, Railroads], to the extent that
they make changes in references to provisions of section 203 of the
Social Security Act [this section], shall take effect in the manner
provided in subsections (p) and (q) of this section for the
provisions of such section 203 to which the respective references
so changed relate."
Section 302(b) of Pub. L. 86-778 provided that: "The amendments
made by subsection (a) [amending this section] shall apply only in
the case of monthly benefits under section 202 or section 223 of
the Social Security Act [section 402 or section 423 of this title]
for months after the month following the month in which this Act is
enacted [September 1960], and then only (1) if the insured
individual on the basis of whose wages and self-employment income
such monthly benefits are payable became entitled (without the
application of section 202(j)(1) or section 223(b) of such Act) to
benefits under section 202(a) or section 223 of such Act after the
month following the month in which this Act is enacted, or (2) if
such insured individual died before becoming so entitled and no
person was entitled (without the application of section 202(j)(1)
or section 223(b) of such Act) on the basis of such wages and self-
employment income to monthly benefits under title II of the Social
Security Act [this subchapter] for the month following the month in
which this Act is enacted [September 1960] or any prior month."

EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by section 101(f) of Pub. L. 85-840 applicable in the
case of monthly benefits under subchapter II of this chapter for
months after December 1958, and in the case of lump-sum death
payments under subchapter II of this chapter, with respect to
deaths occurring after such month, see section 101(g) of Pub. L. 85-
840, set out as a note under section 415 of this title.
Amendment by section 205(j) 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, and amendment by section 205(k) of Pub.
L. 85-840 applicable with respect to monthly benefits under this
subchapter for August 1958 and succeeding months, see section
207(a) of Pub. L. 85-840, set out as a note under section 416 of
this title.
Section 307(h)(2) of Pub. L. 85-840 provided that: "The
amendments made by subsection (f) [amending this section] shall
apply with respect to monthly benefits under subsection (d) or (g)
of section 202 of the Social Security Act [section 402 of this
title] for months in any taxable year, of the individual to whom
the person entitled to such benefits is married, beginning after
the month in which this Act is enacted [August 1958]."
Section 308(f) of Pub. L. 85-840 provided that: "The amendments
made by this section [amending this section] shall be applicable
with respect to taxable years beginning after the month in which
this Act is enacted [August 1958]."

EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by section 101(d)-(g) of act Aug. 1, 1956, applicable
with respect to monthly benefits under section 402 of this title
for months after December 1956, but only on the basis of an
application filed after September 1956, see section 101(h) of act
Aug. 1, 1956, set out as a note under section 402 of this title.
Section 107(a) of act Aug. 1, 1956, provided that the amendment
made by that section is applicable in the case of monthly benefits
under this subchapter for months in any taxable year (of the
individual entitled to such benefits) beginning after 1954.
Section 112(c) of act Aug. 1, 1956, provided that: "The
amendments made by subsections (a) and (b) [amending this section]
shall be applicable with respect to taxable years ending after
1955."

EFFECTIVE DATE OF 1954 AMENDMENT
Section 103(i)(3) of act Sept. 1, 1954, provided that:
"Subsections (b)(1), (b)(2), (c), (e), and (j) of section 203 of
the Social Security Act [this section] as in effect prior to the
enactment of this Act, to the extent they are in effect with
respect to months after 1954, are each amended by striking out
'seventy-five' and inserting in lieu thereof 'seventy-two', but
only with respect to such months after 1954."
Amendment by section 102(e)(7) of act Sept. 1, 1954, applicable
in the case of lump-sum death payments under section 402 of this
title with respect to deaths occurring, and in the case of monthly
benefits under such section for months after, August 1954, see
section 102(f) of act Sept. 1, 1954, as amended, set out as a note
under section 415 of this title.
Section 103(i)(1), (2) of act Sept. 1, 1954, provided that:
"(1) The amendments made by subsection (f) and by paragraph (1)
of subsection (a) of this section [amending this section] shall be
applicable in the case of monthly benefits under title II of the
Social Security Act [this subchapter] for months in any taxable
year (of the individual entitled to such benefits) beginning after
December 1954. The amendments made by paragraph (1) of subsection
(b) of this section [amending this section] shall be applicable in
the case of monthly benefits under such title II for months in any
taxable year (of the individual on the basis of whose wages and
self-employment income such benefits are payable) beginning after
December 1954. The amendments made by subsections (e) and (g), and
by paragraph (2) of subsection (a) and paragraph (2) of subsection
(b) [amending this section] shall be applicable in the case of
monthly benefits under such title II for months after December
1954. The remaining amendments made by this section (other than
subsection (h)) [amending this section] shall be applicable,
insofar as they are related to the monthly benefits of an
individual which are based on his wages and self-employment income,
in the case of monthly benefits under such title II for months in
any taxable year (of such individual) beginning after December 1954
and, insofar as they are related to the monthly benefits of an
individual which are based on the wages and self-employment income
of someone else, in the case of monthly benefits under such title
II for months in any taxable year (of the individual on whose wages
and self-employment income such benefits are based) beginning after
December 1954.
"(2) No deduction shall be imposed on or after the date of the
enactment of this Act [Sept. 1, 1954] under subsection (f) or (g)
of section 203 of the Social Security Act [subsec. (f) or (g) of
this section], as in effect prior to such date, on account of
failure to file a report of an event described in subsection
(b)(1), (b)(2), or (c)(1) of such section (as in effect prior to
such date); and no such deduction imposed prior to such date shall
be collected after such date. In determining whether, under section
203(g)(2) of the Social Security Act, as amended by this Act, a
failure to file a report is a first or subsequent failure, any
failure with respect to a taxable year which began prior to January
1955 shall be disregarded."

EFFECTIVE DATE OF 1952 AMENDMENT
For effective date of amendment by section 2(b)(2) of act July
18, 1952, see section 2(c)(2) of act July 18, 1952, set out as a
note under section 415 of this title.
Section 4(e) of act July 18, 1952, provided that: "The amendments
made by subsection (a) [amending this section] shall apply in the
case of monthly benefits under title II of the Social Security Act
[this subchapter] for months after August 1952. The amendments made
by subsection (b) [amending this section] shall apply in the case
of monthly benefits under such title II for months in any taxable
year (of the individual entitled to such benefits) ending after
August 1952. The amendments made by subsection (c) [amending this
section] shall apply in the case of monthly benefits under such
title II for months in any taxable year (of the individual on the
basis of whose wages and self-employment income such benefits are
payable) ending after August 1952. The amendments made by
subsection (d) [amending this section] shall apply in the case of
taxable years ending after August 1952. As used in this subsection,
the term "taxable year" shall have the meaning assigned to it by
section 211(e) of the Social Security Act [section 411(e) of this
title]."

EFFECTIVE DATE OF 1950 AMENDMENT
Section 102(b) of act Aug. 28, 1950, provided that: "The
amendment made by subsection (a) of this section [amending this
section] shall be applicable with respect to benefits for months
after August 1950."
Section 103(b) of act Aug. 28, 1950, provided that: "The
amendments made by this section [amending this section] shall take
effect September 1, 1950, except that the provisions of subsections
(d), (e), and (f) of section 203 of the Social Security Act [this
section] as in effect prior to the enactment of this Act [Aug. 28,
1950] shall be applicable for months prior to September 1950."

EFFECTIVE DATE OF 1939 AMENDMENT
Section 201 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.

SAVINGS PROVISION
Section 201(h)(2) of Pub. L. 92-336 provided that: "In any case
in which the provisions of section 1002(b)(2) of the Social
Security Amendments of 1969 [set out as a note under this section]
were applicable with respect to benefits for any month in 1970, the
total of monthly benefits as determined under section 203(a) of the
Social Security Act [subsec. (a) of this section] shall, for months
after 1970, be increased to the amount that would be required in
order to assure that the total of such monthly benefits (after the
application of section 202(q) of such Act [section 402(q) of this
title]) will not be less than the total of monthly benefits that
was applicable (after the application of such sections 203(a) and
202(q)) for the first month for which the provisions of such
section 1002(b)(2) applied."
Section 1002(b)(2) of Pub. L. 91-172 provided that:
"Notwithstanding any other provisions of law, when two or more
persons are entitled to monthly insurance benefits under title II
of the Social Security Act [this subchapter] for any month after
1969 on the basis of the wages and self-employment income of an
insured individual (and at least one of such persons was so
entitled for a month before January 1971 on the basis of an
application filed before 1971), the total of the benefits to which
such persons are entitled under such title of such month (after the
application of sections 203(a) and 202(q) of such Act [subsec. (a)
of this section and section 402(q) of this title]) shall be not
less than the total of the monthly insurance benefits to which such
persons would be entitled under such title for such month (after
the application of such sections 203(a) and 202(q)) without regard
to the amendment made by subsection (a) of this section [amending
section 415 of this title]."
Section 170 of Pub. L. 90-248 provided that: "Where -
"(1) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [section
402(j)(1) of this title]) to monthly benefits under section 202
or 223 of such Act [section 402 or 423 of this title] for January
1968 on the basis of the wages and self-employment income of an
individual, and
"(2) one or more persons (not included in paragraph (1)) become
entitled to monthly benefits under such section 202 [section 402
of this title] for February 1968 on the basis of such wages and
self-employment by reason of the amendments made to such Act
[this chapter] by sections 104 [amending this section and
sections 402, 416, 422, and 425 of this title], 112 [amending
section 402 of this title], 150 [amending section 416 of this
title], 151 [amending section 402 of this title and section 228
of Title 45, Railroads], 156 [amending section 416 of this
title], and 157 of this Act [amending section 402 and 402 note of
this title], and
"(3) the total of benefits to which all persons are entitled
under such section 202 or 223 [section 402 or 423 of this title]
on the basis of such wages and self-employment for February 1968
are reduced by reason of section 203(a) of such Act, as amended
by this Act (or would, but for the penultimate sentence of such
section 203(a), be so reduced),
then the amount of the benefit to which each such person referred
to in paragraph (1) is entitled for months after January 1968 shall
be increased, after the application of such section 203(a) [subsec.
(a) of this section], to the amount it would have been if the
person or persons referred to in paragraph (2) were not entitled to
a benefit referred to in such paragraph."
Section 102(h) of act Sept. 1, 1954, provided that:
"(1) Where -
"(A) an individual was entitled (without the application of
section 202(j)(1) of the Social Security Act [section 402(j)(1)
of this title]) to an old-age insurance benefit under title II of
such Act [this subchapter] for August 1954;
"(B) one or more other persons were entitled (without the
application of such section 202(j)(1) [section 402(j)(1) of this
title]) to monthly benefits under such title for such month on
the basis of the wages and self-employment income of such
individual; and
"(C) the total of the benefits to which all persons are
entitled under such title on the basis of such individual's wages
and self-employment income for any subsequent month for which he
is entitled to an old-age insurance benefit under such title,
would (but for the provisions of this paragraph) be reduced by
reason of the application of section 203(a) of the Social
Security Act [subsec. (a) of this section], as amended by this
Act,
then the total of benefits referred to in clause (C) for such
subsequent month shall be reduced to whichever of the following is
the larger -
"(D) the amount determined pursuant to section 203(a) of the
Social Security Act [subsec. (a) of this section], as amended by
this Act; or
"(E) the amount determined pursuant to such section, as in
effect prior to the enactment of this Act [Sept. 1, 1954], for
August 1954 plus the excess of (i) the amount of his old-age
insurance benefit for such month computed as if the amendments
made by the preceding subsections of this section [amending this
section and section 415 of this title] had been applicable in the
case of such benefit for such month over (ii) the amount of his
old-age insurance benefit for such month, or
"(F) the amount determined pursuant to section 2(d)(1) of the
Social Security Act Amendments of 1952 [set out as a note under
section 415 of this title] for August 1954 plus the excess of (i)
the amount of his old-age insurance benefit for such month
computed as if the amendments made by the preceding subsections
of this section had been applicable in the case of such benefit
for such month over (ii) the amount of his old-age insurance
benefit for such month.
"(2) Where -
"(A) two or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [section
402(j)(1) of this title]) to monthly benefits under title II of
such Act [this subchapter] for August 1954 on the basis of the
wages and self-employment income of a deceased individual; and
"(B) to total of the benefits to which all such persons are
entitled on the basis of such deceased individual's wages and
self-employment income for any subsequent month would (but for
the provisions of this paragraph) be reduced by reason of the
application of the first sentence of section 203(a) of the Social
Security Act [subsec. (a) of this section], as amended by this
Act,
then, notwithstanding any other provision in title II of the Social
Security Act [this subchapter], such deceased individual's average
monthly wage shall, for purposes of such section 203(a), be
whichever of the following is the larger:
"(C) his average monthly wage determined pursuant to section
215 of such Act [section 415 of this title], as amended by this
Act; or
"(D) his average monthly wage determined under such section
215, as in effect prior to the enactment of this Act [Sept. 1,
1954], plus $7."

TEMPORARY EXTENSION OF EARNINGS LIMITATIONS TO INCLUDE ALL PERSONS
AGED LESS THAN SEVENTY-TWO
Section 2204 of Pub. L. 97-35 provided that:
"(a) Notwithstanding subsection (e) of section 302 of the Social
Security Amendments of 1977 (91 Stat. 1531; Public Law 95-216) [set
out as an Effective Date of 1977 Amendment note above], the
amendments made to section 203 of the Social Security Act [this
section] by subsections (a) through (d) of such section 302 shall,
except as provided in subsection (b) of this section, apply only
with respect to monthly insurance benefits payable under title II
of the Social Security Act [this subchapter] for months after
December 1982.
"(b) In the case of any individual whose first taxable year (as
in effect on the date of the enactment of this Act [Aug. 13, 1981])
ending after December 31, 1981, begins before January 1, 1982, the
amendments made by section 302 of the Social Security Amendments of
1977 [amending this section] shall apply with respect to taxable
years beginning with such taxable year."

INCREASED EXEMPT AMOUNTS FOR INDIVIDUALS DESCRIBED IN SUBSEC.
(F)(8)(D); NOTIFICATION IN 1977 TO 1981; INDIVIDUALS OTHER THAN
THOSE DESCRIBED IN SUBSEC. (F)(8)(D)
Section 301(c)(2) of Pub. L. 95-216 provided that: "No
notification with respect to an increased exempt amount for
individuals described in section 203(f)(8)(D) of the Social
Security Act [subsec. (f)(8)(D) of this section] (as added by
paragraph (1) of this subsection) shall be required under the last
sentence of section 203(f)(8)(B) of such Act in 1977, 1978, 1979,
1980, or 1981; and section 203(f)(8)(C) of such Act shall not
prevent the new exempt amount determined and published under
section 203(f)(8)(A) in 1977 from becoming effective to the extent
that such new exempt amount applies to individuals other than those
described in section 203(f)(8)(D) of such Act (as so added)."

RETIREMENT TEST EXEMPT AMOUNT FOR 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 subsec. (f)(8) of this section,
the monthly exempt amount under the retirement test would be $230
with respect to taxable years ending in calendar year 1976.

COST-OF-LIVING INCREASE IN BENEFITS
For purposes of subsec. (f)(8) 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.

PENALTIES FOR FAILURE TO FILE TIMELY REPORTS OF EARNINGS AND OTHER
EVENTS
Section 161(c) of Pub. L. 90-248 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to any deductions imposed on or after the date of the
enactment of this Act [Jan. 2, 1968] under subsections (g) and (h)
of section 203 of the Social Security Act [this section] on account
of failure to make a report required thereby."

COMPUTATION OF BENEFITS FOR CERTAIN CHILDREN
Section 163(b) of Pub. L. 90-248 provided that: "Where -
"(1) one or more persons were entitled (without the application
of section 202(j)(1) of the Social Security Act [section
402(j)(1) of this title]) to monthly benefits under section 202
or 223 of such Act [section 402 or 423 of this title] for January
1968 on the basis of the wages and self-employment income of an
individual, and
"(2) one or more persons became entitled to monthly benefits
before January 1968 under section 202(d) of such Act [section
402(d) of this title] by reason of section 216(h)(3) of such Act
[section 416(h)(3) of this section] (but without regard to
section 202(j)(1)), on the basis of such wages and self-
employment income and are so entitled for January 1968, and
"(3) the total of benefits to which all persons are entitled
under such section 202 or 223 of such Act [section 402 or 423 of
this title] on the basis of such wages and self-employment for
January 1968 are reduced by reason of section 203(a) of such Act
[subsec. (a) of this section], as amended by this Act (or would,
but for the penultimate sentence of such section 203(a), be so
reduced),
then the amount of the benefit to which each such person referred
to in paragraph (1) above (but not including persons referred to in
paragraph (2) above) is entitled for months after January 1968
shall be increased, after the application of such section 203(a),
to the amount it would have been if the person or persons referred
to in paragraph (2) were not entitled to a benefit referred to in
such paragraph (2)."

PROHIBITION ON IMPOSITION OF DEDUCTION FOR FAILURE TO FILE CERTAIN
REPORTS OF EVENTS
Section 209(b) of Pub. L. 86-778 provided that: "No deduction
shall be imposed on or after the date of the enactment of this Act
[Sept. 13, 1960] under section 203(f) of the Social Security Act
[subsec. (f) of this section], as in effect prior to such date, on
account of failure to file a report of an event described in
section 203(c) of such Act, as in effect prior to such date; and no
such deduction imposed prior to such date shall be collected after
such date."

PROHIBITION ON PAYMENT OF BENEFITS TO CERTAIN SPOUSES OR CHILDREN
Section 211(t) of Pub. L. 86-778 provided that: "In any case
where -
"(1) an individual has earnings (as defined in section
203(e)(4) of the Social Security Act [subsec. (e)(4) of this
section] as in effect prior to the enactment of this Act [Sept.
13, 1960]) in a taxable year which begins before 1961 and ends in
1961 (but not on December 31, 1961), and
"(2) such individual's spouse or child entitled to monthly
benefits on the basis of such individual's self-employment income
has excess earnings (as defined in section 203(f)(3) of the
Social Security Act as amended by this Act) in a taxable year
which begins after 1960, and
"(3) one or more months in the taxable year specified in
paragraph (2) are included in the taxable year specified in
paragraph (1),
then, if a deduction is imposed against the benefits payable to
such individual with respect to a month described in paragraph (3),
such spouse or child, as the case may be, shall not, for purposes
of subsections (b) and (f) of section 203 of the Social Security
Act as amended by this Act, be entitled to a payment for such
month."

-FOOTNOTE-
(!1) See References in Text note below.

(!2) So in original. Probably should be followed by a comma.


-End-



-CITE-
42 USC Sec. 404 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 404. Overpayments and underpayments

-STATUTE-
(a) Procedure for adjustment or recovery
(1) Whenever the Commissioner of Social Security finds that more
or less than the correct amount of payment has been made to any
person under this subchapter, proper adjustment or recovery shall
be made, under regulations prescribed by the Commissioner of Social
Security, as follows:
(A) With respect to payment to a person of more than the
correct amount, the Commissioner of Social Security shall
decrease any payment under this subchapter to which such overpaid
person is entitled, or shall require such overpaid person or his
estate to refund the amount in excess of the correct amount, or
shall decrease any payment under this subchapter payable to his
estate or to any other person on the basis of the wages and self-
employment income which were the basis of the payments to such
overpaid person, or shall obtain recovery by means of reduction
in tax refunds based on notice to the Secretary of the Treasury
as permitted under section 3720A of title 31, or shall apply any
combination of the foregoing. A payment made under this
subchapter on the basis of an erroneous report of death by the
Department of Defense of an individual in the line of duty while
he is a member of the uniformed services (as defined in section
410(m) of this title) on active duty (as defined in section
410(l) of this title) shall not be considered an incorrect
payment for any month prior to the month such Department notifies
the Commissioner of Social Security that such individual is
alive.
(B) With respect to payment to a person of less than the
correct amount, the Commissioner of Social Security shall make
payment of the balance of the amount due such underpaid person,
or, if such person dies before payments are completed or before
negotiating one or more checks representing correct payments,
disposition of the amount due shall be made in accordance with
subsection (d) of this section.

(2) Notwithstanding any other provision of this section, when any
payment of more than the correct amount is made to or on behalf of
an individual who has died, and such payment -
(A) is made by direct deposit to a financial institution;
(B) is credited by the financial institution to a joint account
of the deceased individual and another person; and
(C) such other person was entitled to a monthly benefit on the
basis of the same wages and self-employment income as the
deceased individual for the month preceding the month in which
the deceased individual died,

the amount of such payment in excess of the correct amount shall be
treated as a payment of more than the correct amount to such other
person. If any payment of more than the correct amount is made to a
representative payee on behalf of an individual after the
individual's death, the representative payee shall be liable for
the repayment of the overpayment, and the Commissioner of Social
Security shall establish an overpayment control record under the
social security account number of the representative payee.
(b) No recovery from persons without fault
In any case in which more than the correct amount of payment has
been made, there shall be no adjustment of payments to, or recovery
by the United States from, any person who is without fault if such
adjustment or recovery would defeat the purpose of this subchapter
or would be against equity and good conscience. In making for
purposes of this subsection any determination of whether any
individual is without fault, 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).
(c) Nonliability of certifying and disbursing officers
No certifying or disbursing officer shall be held liable for any
amount certified or paid by him to any person where the adjustment
or recovery of such amount is waived under subsection (b) of this
section, or where adjustment under subsection (a) of this section
is not completed prior to the death of all persons against whose
benefits deductions are authorized.
(d) Payment to survivors or heirs when eligible person is deceased
If an individual dies before any payment due him under this
subchapter is completed, payment of the amount due (including the
amount of any unnegotiated checks) shall be made -
(1) to the person, if any, who is determined by the
Commissioner of Social Security to be the surviving spouse of the
deceased individual and who either (i) was living in the same
household with the deceased at the time of his death or (ii) was,
for the month in which the deceased individual died, entitled to
a monthly benefit on the basis of the same wages and self-
employment income as was the deceased individual;
(2) if there is no person who meets the requirements of
paragraph (1), or if the person who meets such requirements dies
before the payment due him under this subchapter is completed, to
the child or children, if any, of the deceased individual who
were, for the month in which the deceased individual died,
entitled to monthly benefits on the basis of the same wages and
self-employment income as was the deceased individual (and, in
case there is more than one such child, in equal parts to each
such child);
(3) if there is no person who meets the requirements of
paragraph (1) or (2), or if each person who meets such
requirements dies before the payment due him under this
subchapter is completed, to the parent or parents, if any, of the
deceased individual who were, for the month in which the deceased
individual died, entitled to monthly benefits on the basis of the
same wages and self-employment income as was the deceased
individual (and, in case there is more than one such parent, in
equal parts to each such parent);
(4) if there is no person who meets the requirements of
paragraph (1), (2), or (3), or if each person who meets such
requirements dies before the payment due him under this
subchapter is completed, to the person, if any, determined by the
Commissioner of Social Security to be the surviving spouse of the
deceased individual;
(5) if there is no person who meets the requirements of
paragraph (1), (2), (3), or (4), or if each person who meets such
requirements dies before the payment due him under this
subchapter is completed, to the person or persons, if any,
determined by the Commissioner of Social Security to be the child
or children of the deceased individual (and, in case there is
more than one such child, in equal parts to each such child);
(6) if there is no person who meets the requirements of
paragraph (1), (2), (3), (4), or (5), or if each person who meets
such requirements dies before the payment due him under this
subchapter is completed, to the parent or parents, if any, of the
deceased individual (and, in case there is more than one such
parent, in equal parts to each such parent); or
(7) if there is no person who meets the requirements of
paragraph (1), (2), (3), (4), (5), or (6), or if each person who
meets such requirements dies before the payment due him under
this subchapter is completed, to the legal representative of the
estate of the deceased individual, if any.
(e) Adjustments due to supplemental security income payments
For payments which are adjusted by reason of payment of benefits
under the supplemental security income program established by
subchapter XVI of this chapter, see section 1320a-6 of this title.
(f) Collection of delinquent amounts
(1) With respect to any deliquent (!1) amount, the Commissioner
of Social Security may use the collection practices described in
sections 3711(f), 3716, 3717, and 3718 of title 31 and in section
5514 of title 5, all as in effect immediately after April 26, 1996.

(2) For purposes of paragraph (1), the term "delinquent amount"
means an amount -
(A) in excess of the correct amount of payment under this
subchapter;
(B) paid to a person after such person has attained 18 years of
age; and
(C) determined by the Commissioner of Social Security, under
regulations, to be otherwise unrecoverable under this section
after such person ceases to be a beneficiary under this
subchapter.
(g) Cross-program recovery of overpayments
For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner
of Social Security, see section 1320b-17 of this title.

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 204, 49 Stat. 624; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; Aug. 28,
1950, ch. 809, title I, Sec. 109(b)(1), 64 Stat. 523; Sept. 1,
1954, ch. 1206, title I, Sec. 111(a), 68 Stat. 1085; Pub. L. 89-97,
title III, Sec. 329, July 30, 1965, 79 Stat. 401; Pub. L. 90-248,
title I, Secs. 152, 153(a), 154(a), Jan. 2, 1968, 81 Stat. 860,
861; Pub. L. 96-265, title V, Sec. 501(b), June 9, 1980, 94 Stat.
470; Pub. L. 99-272, title XII, Sec. 12113(a), Apr. 7, 1986, 100
Stat. 288; Pub. L. 101-239, title X, Sec. 10305(b), Dec. 19, 1989,
103 Stat. 2483; Pub. L. 101-508, title V, Sec. 5129(a), Nov. 5,
1990, 104 Stat. 1388-287; Pub. L. 103-296, title I, Sec. 107(a)(4),
Aug. 15, 1994, 108 Stat. 1478; Pub. L. 103-387, Sec. 5(a), Oct. 22,
1994, 108 Stat. 4077; Pub. L. 104-134, title III, Sec.
31001(z)(2)(A), Apr. 26, 1996, 110 Stat. 1321-379; Pub. L. 104-316,
title I, Sec. 115(g)(2)(E), Oct. 19, 1996, 110 Stat. 3835; Pub. L.
105-306, Sec. 8(b)(1), Oct. 28, 1998, 112 Stat. 2929; Pub. L. 106-
169, title II, Secs. 201(a), 203(c), Dec. 14, 1999, 113 Stat.
1831, 1832; Pub. L. 108-203, title II, Sec. 210(b)(1), Mar. 2,
2004, 118 Stat. 517.)


-MISC1-
AMENDMENTS
2004 - Subsec. (g). Pub. L. 108-203 amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: "For
payments which are adjusted or withheld to recover an overpayment
of supplemental security income benefits paid under subchapter XVI
of this chapter (including State supplementary payments paid under
an agreement pursuant to section 1382e(a) of this title or section
212(b) of Public Law 93-66), see section 1320b-17 of this title."
1999 - Subsec. (a)(2). Pub. L. 106-169, Sec. 201(a), inserted at
end "If any payment of more than the correct amount is made to a
representative payee on behalf of an individual after the
individual's death, the representative payee shall be liable for
the repayment of the overpayment, and the Commissioner of Social
Security shall establish an overpayment control record under the
social security account number of the representative payee."
Subsec. (f)(1). Pub. L. 106-169, Sec. 203(c), substituted
"3711(f)" for "3711(e)" and inserted "all" before "as in effect".
1998 - Subsec. (g). Pub. L. 105-306 added subsec. (g).
1996 - Subsec. (f). Pub. L. 104-134, which directed that subsec.
(f) be amended to read as follows: "(f)(1) With respect to any
deliquent amount, the Commissioner of Social Security may use the
collection practices described in sections 3711(f), 3716, 3717, and
3718 of title 31 and in section 5514 of title 5, as in effect
immediately after April 26, 1996.", was executed by substituting
the new language for par. (1) only to reflect the probable intent
of Congress. Prior to amendment, par. (1) read as follows: "With
respect to any delinquent amount, the Commissioner of Social
Security may use the collection practices described in sections
3711(f), 3716, and 3718 of title 31 as in effect on October 1,
1994."
Subsec. (f)(1). Pub. L. 104-316 substituted "sections 3711(e)"
for "sections 3711(f)".
1994 - Subsecs. (a)(1), (b), (d)(1), (4), (5). Pub. L. 103-296,
Sec. 107(a)(4), substituted "Commissioner of Social Security" for
"Secretary" wherever appearing.
Subsec. (f). Pub. L. 103-387 added subsec. (f).
1990 - Subsec. (a)(1)(A). Pub. L. 101-508 inserted "or shall
obtain recovery by means of reduction in tax refunds based on
notice to the Secretary of the Treasury as permitted under section
3720A of title 31," after "payments to such overpaid person,".
1989 - Subsec. (b). Pub. L. 101-239 inserted at end "In making
for purposes of this subsection any determination of whether any
individual is without fault, 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)."
1986 - Subsec. (a). Pub. L. 99-272 redesignated existing subsec.
(a) as (a)(1) and pars. (1) and (2) thereof as subpars. (A) and
(B), respectively, and added par. (2).
1980 - Subsec. (e). Pub. L. 96-265 added subsec. (e).
1968 - Subsec. (a). Pub. L. 90-248, Sec. 152(a), incorporated in
text preceding par. (1) part of existing provisions and broadened
the Secretary's authority to include recovery of overpayments.
Subsec. (a)(1). Pub. L. 90-248, Sec. 153(a), inserted last
sentence which provided that payments made on an erroneous report
by the Defense Department of the death, in the line of duty, of a
member of the uniformed services on active duty are not to be
deemed incorrect payments until the Department notifies the
Secretary that he is alive.
Subsec. (a)(2). Pub. L. 90-248, Sec. 152(a), incorporated in par.
(2) part of existing provisions and broadened Secretary's authority
to provide that in the case of underpayments, the Secretary is to
pay the balance due the underpaid person but if he dies before
receiving the full amount due him or before negotiating checks
representing the correct payments, the balance due or the amount
for which the checks were issued but not negotiated are to be paid
under subsec. (d) of this section.
Subsec. (b). Pub. L. 90-248, Sec. 152(b), authorized the
Secretary to waive adjustment or recovery of overpayments from any
person who is without fault, even where he is not the overpaid
person and the latter is at fault, whereas heretofore a condition
for waiver was that the overpaid person be without fault.
Subsec. (d). Pub. L. 90-248, Sec. 154(a), struck out, in text
preceding par. (1), provision excepting subsec. (d) from subsec.
(a) and provision that the total amount due at the time of death
may not exceed the amount of the monthly insurance benefit to which
an individual was entitled for the month preceding the month in
which he died, added cl. (ii) in par. (1), added pars. (2) to (6),
designated existing provisions as par. (7) and inserted therein
references to pars. (1) to (6).
1965 - Subsec. (d). Pub. L. 89-97 added subsec. (d).
1954 - Subsec. (a). Act Sept. 1, 1954, inserted "and self-
employment income" after "wages" in second sentence.
1950 - Act Aug. 28, 1950, substituted "Administrator" for
"board".
1939 - Act Aug. 10, 1939, omitted former provisions relating to
payments to aged individuals not qualified for benefits and
substituted the present section relating to overpayments and
underpayments.

EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-203, title II, Sec. 210(c), Mar. 2, 2004, 118 Stat.
517, provided that: "The amendments and repeal made by this section
[amending this section and sections 1008, 1320b-17, and 1383 of
this title and repealing section 1320b-18 of this title] shall take
effect on the date of enactment of this Act [Mar. 2, 2004], and
shall be effective with respect to overpayments under titles II,
VIII, and XVI of the Social Security Act [subchapters II, VIII, and
XVI of this chapter] that are outstanding on or after such date."

EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-169, title II, Sec. 201(c), Dec. 14, 1999, 113 Stat.
1831, provided that: "The amendments made by this section [amending
this section and section 1383 of this title] shall apply to
overpayments made 12 months or more after the date of the enactment
of this Act [Dec. 14, 1999]."
Amendment by section 203(c) of Pub. L. 106-169 applicable to debt
outstanding on or after Dec. 14, 1999, see section 203(d) of Pub.
L. 106-169, set out as a note under section 3701 of Title 31, Money
and Finance.

EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-306, Sec. 8(c), Oct. 28, 1998, 112 Stat. 2930,
provided that: "The amendments made by this section [enacting
section 1320b-17 of this title and amending this section and
section 1383 of this title] shall take effect on the date of the
enactment of this Act [Oct. 28, 1998] and shall apply to amounts
incorrectly paid which remain outstanding on or after such date."

EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-387 applicable to collection activities
begun on or after Oct. 22, 1994, see section 5(c) of Pub. L. 103-
387, as amended, set out as a note under section 3701 of Title 31,
Money and Finance.
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
Amendment by Pub. L. 101-508 effective Jan. 1, 1991, and
inapplicable to refunds to which the amendments made by section
2653 of the Deficit Reduction Act of 1984, Pub. L. 98-369, do not
apply, see section 5129(d) of Pub. L. 101-508, set out as a note
under section 6402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by 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 1986 AMENDMENT
Section 12113(c) of Pub. L. 99-272 provided that: "The amendments
made by this section [amending this section and section 1383 of
this title] shall apply only in the case of deaths of which the
Secretary is first notified on or after the date of the enactment
of this Act [Apr. 7, 1986]."

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-265 applicable in the case of payments of
monthly insurance benefits under this subchapter, entitlement for
which is determined on or after July 1, 1981, see section 501(d) of
Pub. L. 96-265, set out as an Effective Date note under section
1320a-6 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Section 153(b) of Pub. L. 90-248 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to benefits under title II of the Social Security Act [this
subchapter] if the individual to whom such benefits were paid would
have been entitled to such benefits in or after the month in which
this Act was enacted [January 1968] if the report mentioned in the
amendment made by subsection (a) of this section had been correct
(but without regard to the provisions of section 202(j)(1) of such
Act [section 402(j)(1) of this title])."

EFFECTIVE DATE OF 1939 AMENDMENT
Section 201 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.

-FOOTNOTE-
(!1) So in original. Probably should be "delinquent".


-End-



-CITE-
42 USC Sec. 405 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 405. Evidence, procedure, and certification for payments

-STATUTE-
(a) Rules and regulations; procedures
The Commissioner of Social Security shall have full power and
authority to make rules and regulations and to establish
procedures, not inconsistent with the provisions of this
subchapter, which are necessary or appropriate to carry out such
provisions, and shall adopt reasonable and proper rules and
regulations to regulate and provide for the nature and extent of
the proofs and evidence and the method of taking and furnishing the
same in order to establish the right to benefits hereunder.
(b) Administrative determination of entitlement to benefits;
findings of fact; hearings; investigations; evidentiary hearings
in reconsiderations of disability benefit terminations;
subsequent applications
(1) The Commissioner of Social Security is directed to make
findings of fact, and decisions as to the rights of any individual
applying for a payment under this subchapter. Any such decision by
the Commissioner of Social Security which involves a determination
of disability and which is in whole or in part unfavorable to such
individual shall contain a statement of the case, in understandable
language, setting forth a discussion of the evidence, and stating
the Commissioner's determination and the reason or reasons upon
which it is based. Upon request by any such individual or upon
request by a wife, divorced wife, widow, surviving divorced wife,
surviving divorced mother, surviving divorced father, husband,
divorced husband, widower, surviving divorced husband, child, or
parent who makes a showing in writing that his or her rights may be
prejudiced by any decision the Commissioner of Social Security has
rendered, the Commissioner shall give such applicant and such other
individual reasonable notice and opportunity for a hearing with
respect to such decision, and, if a hearing is held, shall, on the
basis of evidence adduced at the hearing, affirm, modify, or
reverse the Commissioner's findings of fact and such decision. Any
such request with respect to such a decision must be filed within
sixty days after notice of such decision is received by the
individual making such request. The Commissioner of Social Security
is further authorized, on the Commissioner's own motion, to hold
such hearings and to conduct such investigations and other
proceedings as the Commissioner may deem necessary or proper for
the administration of this subchapter. In the course of any
hearing, investigation, or other proceeding, the Commissioner may
administer oaths and affirmations, examine witnesses, and receive
evidence. Evidence may be received at any hearing before the
Commissioner of Social Security even though inadmissible under
rules of evidence applicable to court procedure.
(2) 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
(C) as a consequence of the finding described in subparagraph
(B), such individual is determined by the Commissioner of Social
Security not to be entitled to such benefits,

any reconsideration of the finding described in subparagraph (B),
in connection with a reconsideration by the Commissioner of Social
Security (before any hearing under paragraph (1) on the issue of
such entitlement) of the Commissioner's determination described in
subparagraph (C), shall be made only after opportunity for an
evidentiary hearing, with regard to the finding described in
subparagraph (B), which is reasonably accessible to such
individual. Any reconsideration of a finding described in
subparagraph (B) may be made either by the State agency or the
Commissioner of Social Security where the finding was originally
made by the State agency, and shall be made by the Commissioner of
Social Security where the finding was originally made by the
Commissioner of Social Security. In the case of a reconsideration
by a State agency of a finding described in subparagraph (B) which
was originally made by such State agency, the evidentiary hearing
shall be held by an adjudicatory unit of the State agency other
than the unit that made the finding described in subparagraph (B).
In the case of a reconsideration by the Commissioner of Social
Security of a finding described in subparagraph (B) which was
originally made by the Commissioner of Social Security, the
evidentiary hearing shall be held by a person other than the person
or persons who made the finding described in subparagraph (B).
(3)(A) A failure to timely request review of an initial adverse
determination with respect to an application for any benefit under
this subchapter or an adverse determination on reconsideration of
such an initial determination shall not serve as a basis for denial
of a subsequent application for any benefit under this subchapter
if the applicant demonstrates that the applicant, or any other
individual referred to in paragraph (1), failed to so request such
a review acting in good faith reliance upon incorrect, incomplete,
or misleading information, relating to the consequences of
reapplying for benefits in lieu of seeking review of an adverse
determination, provided by any officer or employee of the Social
Security Administration or any State agency acting under section
421 of this title.
(B) In any notice of an adverse determination with respect to
which a review may be requested under paragraph (1), the
Commissioner of Social Security shall describe in clear and
specific language the effect on possible entitlement to benefits
under this subchapter of choosing to reapply in lieu of requesting
review of the determination.
(c) Wage records
(1) For the purposes of this subsection -
(A) The term "year" means a calendar year when used with
respect to wages and a taxable year when used with respect to
self-employment income.
(B) The term "time limitation" means a period of three years,
three months, and fifteen days.
(C) The term "survivor" means an individual's spouse, surviving
divorced wife, surviving divorced husband, surviving divorced
mother, surviving divorced father, child, or parent, who survives
such individual.
(D) The term "period" when used with respect to self-employment
income means a taxable year and when used with respect to wages
means -
(i) a quarter if wages were reported or should have been
reported on a quarterly basis on tax returns filed with the
Secretary of the Treasury or his delegate under section 6011 of
the Internal Revenue Code of 1986 or regulations thereunder (or
on reports filed by a State under section 418(e) (!1) of this
title (as in effect prior to December 31, 1986) or regulations
thereunder),

(ii) a year if wages were reported or should have been
reported on a yearly basis on such tax returns or reports, or
(iii) the half year beginning January 1 or July 1 in the case
of wages which were reported or should have been reported for
calendar year 1937.

(2)(A) On the basis of information obtained by or submitted to
the Commissioner of Social Security, and after such verification
thereof as the Commissioner deems necessary, the Commissioner of
Social Security shall establish and maintain records of the amounts
of wages paid to, and the amounts of self-employment income derived
by, each individual and of the periods in which such wages were
paid and such income was derived and, upon request, shall inform
any individual or his survivor, or the legal representative of such
individual or his estate, of the amounts of wages and self-
employment income of such individual and the periods during which
such wages were paid and such income was derived, as shown by such
records at the time of such request.
(B)(i) In carrying out the Commissioner's duties under
subparagraph (A) and subparagraph (F), the Commissioner of Social
Security shall take affirmative measures to assure that social
security account numbers will, to the maximum extent practicable,
be assigned to all members of appropriate groups or categories of
individuals by assigning such numbers (or ascertaining that such
numbers have already been assigned):
(I) to aliens at the time of their lawful admission to the
United States either for permanent residence or under other
authority of law permitting them to engage in employment in the
United States and to other aliens at such time as their status is
so changed as to make it lawful for them to engage in such
employment;
(II) to any individual who is an applicant for or recipient of
benefits under any program financed in whole or in part from
Federal funds including any child on whose behalf such benefits
are claimed by another person; and
(III) to any other individual when it appears that he could
have been but was not assigned an account number under the
provisions of subclauses (I) or (II) but only after such
investigation as is necessary to establish to the satisfaction of
the Commissioner of Social Security, the identity of such
individual, the fact that an account number has not already been
assigned to such individual, and the fact that such individual is
a citizen or a noncitizen who is not, because of his alien
status, prohibited from engaging in employment;

and, in carrying out such duties, the Commissioner of Social
Security is authorized to take affirmative measures to assure the
issuance of social security numbers:
(IV) to or on behalf of children who are below school age at
the request of their parents or guardians; and
(V) to children of school age at the time of their first
enrollment in school.

(ii) The Commissioner of Social Security shall require of
applicants for social security account numbers such evidence as may
be necessary to establish the age, citizenship, or alien status,
and true identity of such applicants, and to determine which (if
any) social security account number has previously been assigned to
such individual. With respect to an application for a social
security account number for an individual who has not attained the
age of 18 before such application, such evidence shall include the
information described in subparagraph (C)(ii).
(iii) In carrying out the requirements of this subparagraph, the
Commissioner of Social Security shall enter into such agreements as
may be necessary with the Attorney General and other officials and
with State and local welfare agencies and school authorities
(including nonpublic school authorities).
(C)(i) It is the policy of the United States that any State (or
political subdivision thereof) may, in the administration of any
tax, general public assistance, driver's license, or motor vehicle
registration law within its jurisdiction, utilize the social
security account numbers issued by the Commissioner of Social
Security for the purpose of establishing the identification of
individuals affected by such law, and may require any individual
who is or appears to be so affected to furnish to such State (or
political subdivision thereof) or any agency thereof having
administrative responsibility for the law involved, the social
security account number (or numbers, if he has more than one such
number) issued to him by the Commissioner of Social Security.
(ii) In the administration of any law involving the issuance of a
birth certificate, each State shall require each parent to furnish
to such State (or political subdivision thereof) or any agency
thereof having administrative responsibility for the law involved,
the social security account number (or numbers, if the parent has
more than one such number) issued to the parent unless the State
(in accordance with regulations prescribed by the Commissioner of
Social Security) finds good cause for not requiring the furnishing
of such number. The State shall make numbers furnished under this
subclause available to the Commissioner of Social Security and the
agency administering the State's plan under part D of subchapter IV
of this chapter in accordance with Federal or State law and
regulation. Such numbers shall not be recorded on the birth
certificate. A State shall not use any social security account
number, obtained with respect to the issuance by the State of a
birth certificate, for any purpose other than for the enforcement
of child support orders in effect in the State, unless section 7(a)
of the Privacy Act of 1974 does not prohibit the State from
requiring the disclosure of such number, by reason of the State
having adopted, before January 1, 1975, a statute or regulation
requiring such disclosure.
(iii)(I) In the administration of section 9 of the Food Stamp Act
of 1977 (7 U.S.C. 2018) involving the determination of the
qualifications of applicants under such Act [7 U.S.C. 2011 et
seq.], the Secretary of Agriculture may require each applicant
retail store or wholesale food concern to furnish to the Secretary
of Agriculture the social security account number of each
individual who is an officer of the store or concern and, in the
case of a privately owned applicant, furnish the social security
account numbers of the owners of such applicant. No officer or
employee of the Department of Agriculture shall have access to any
such number for any purpose other than the establishment and
maintenance of a list of the names and social security account
numbers of such individuals for use in determining those applicants
who have been previously sanctioned or convicted under section 12
or 15 of such Act (7 U.S.C. 2021 or 2024).
(II) The Secretary of Agriculture may share any information
contained in any list referred to in subclause (I) with any other
agency or instrumentality of the United States which otherwise has
access to social security account numbers in accordance with this
subsection or other applicable Federal law, except that the
Secretary of Agriculture may share such information only to the
extent that such Secretary determines such sharing would assist in
verifying and matching such information against information
maintained by such other agency or instrumentality. Any such
information shared pursuant to this subclause may be used by such
other agency or instrumentality only for the purpose of effective
administration and enforcement of the Food Stamp Act of 1977 [7
U.S.C. 2011 et seq.] or for the purpose of investigation of
violations of other Federal laws or enforcement of such laws.
(III) The Secretary of Agriculture, and the head of any other
agency or instrumentality referred to in this subclause, shall
restrict, to the satisfaction of the Commissioner of Social
Security, access to social security account numbers obtained
pursuant to this clause only to officers and employees of the
United States whose duties or responsibilities require access for
the purposes described in subclause (II).
(IV) The Secretary of Agriculture, and the head of any agency or
instrumentality with which information is shared pursuant to clause
(!2) (II), shall provide such other safeguards as the Commissioner
of Social Security determines to be necessary or appropriate to
protect the confidentiality of the social security account numbers.

(iv) In the administration of section 506 of the Federal Crop
Insurance Act [7 U.S.C. 1506], the Federal Crop Insurance
Corporation may require each policyholder and each reinsured
company to furnish to the insurer or to the Corporation the social
security account number of such policyholder, subject to the
requirements of this clause. No officer or employee of the Federal
Crop Insurance Corporation shall have access to any such number for
any purpose other than the establishment of a system of records
necessary for the effective administration of such Act [7 U.S.C.
1501 et seq.]. The Manager of the Corporation may require each
policyholder to provide to the Manager, at such times and in such
manner as prescribed by the Manager, the social security account
number of each individual that holds or acquires a substantial
beneficial interest in the policyholder. For purposes of this
clause, the term "substantial beneficial interest" means not less
than 5 percent of all beneficial interest in the policyholder. The
Secretary of Agriculture shall restrict, to the satisfaction of the
Commissioner of Social Security, access to social security account
numbers obtained pursuant to this clause only to officers and
employees of the United States or authorized persons whose duties
or responsibilities require access for the administration of the
Federal Crop Insurance Act. The Secretary of Agriculture shall
provide such other safeguards as the Commissioner of Social
Security determines to be necessary or appropriate to protect the
confidentiality of such social security account numbers. For
purposes of this clause the term "authorized person" means an
officer or employee of an insurer whom the Manager of the
Corporation designates by rule, subject to appropriate safeguards
including a prohibition against the release of such social security
account number (other than to the Corporation) by such person.
(v) If and to the extent that any provision of Federal law
heretofore enacted is inconsistent with the policy set forth in
clause (i), such provision shall, on and after October 4, 1976, be
null, void, and of no effect. If and to the extent that any such
provision is inconsistent with the requirement set forth in clause
(ii), such provision shall, on and after October 13, 1988, be null,
void, and of no effect.
(vi)(I) For purposes of clause (i) of this subparagraph, an
agency of a State (or political subdivision thereof) charged with
the administration of any general public assistance, driver's
license, or motor vehicle registration law which did not use the
social security account number for identification under a law or
regulation adopted before January 1, 1975, may require an
individual to disclose his or her social security number to such
agency solely for the purpose of administering the laws referred to
in clause (i) above and for the purpose of responding to requests
for information from an agency administering a program funded under
part A of subchapter IV of this chapter or an agency operating
pursuant to the provisions of part D of such subchapter.
(II) Any State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle
registration law within its jurisdiction, may not display a social
security account number issued by the Commissioner of Social
Security (or any derivative of such number) on any driver's
license, motor vehicle registration, or personal identification
card (as defined in section 7212(a)(2) of the 9/11 Commission
Implementation Act of 2004), or include, on any such license,
registration, or personal identification card, a magnetic strip,
bar code, or other means of communication which conveys such number
(or derivative thereof).
(vii) For purposes of this subparagraph, the term "State"
includes the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, the Commonwealth of the Northern
Marianas, and the Trust Territory of the Pacific Islands.
(viii)(I) Social security account numbers and related records
that are obtained or maintained by authorized persons pursuant to
any provision of law enacted on or after October 1, 1990, shall be
confidential, and no authorized person shall disclose any such
social security account number or related record.
(II) Paragraphs (1), (2), and (3) of section 7213(a) of the
Internal Revenue Code of 1986 shall apply with respect to the
unauthorized willful disclosure to any person of social security
account numbers and related records obtained or maintained by an
authorized person pursuant to a provision of law enacted on or
after October 1, 1990, in the same manner and to the same extent as
such paragraphs apply with respect to unauthorized disclosures of
return and return information described in such paragraphs.
Paragraph (4) of section 7213(a) of such Code shall apply with
respect to the willful offer of any item of material value in
exchange for any such social security account number or related
record in the same manner and to the same extent as such paragraph
applies with respect to offers (in exchange for any return or
return information) described in such paragraph.
(III) For purposes of this clause, the term "authorized person"
means an officer or employee of the United States, an officer or
employee of any State, political subdivision of a State, or agency
of a State or political subdivision of a State, and any other
person (or officer or employee thereof), who has or had access to
social security account numbers or related records pursuant to any
provision of law enacted on or after October 1, 1990. For purposes
of this subclause, the term "officer or employee" includes a former
officer or employee.
(IV) For purposes of this clause, the term "related record" means
any record, list, or compilation that indicates, directly or
indirectly, the identity of any individual with respect to whom a
social security account number or a request for a social security
account number is maintained pursuant to this clause.
(ix) In the administration of the provisions of chapter 81 of
title 5 and the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.), the Secretary of Labor may require by
regulation that any person filing a notice of injury or a claim for
benefits under such provisions provide as part of such notice or
claim such person's social security account number, subject to the
requirements of this clause. No officer or employee of the
Department of Labor shall have access to any such number for any
purpose other than the establishment of a system of records
necessary for the effective administration of such provisions. The
Secretary of Labor shall restrict, to the satisfaction of the
Commissioner of Social Security, access to social security account
numbers obtained pursuant to this clause to officers and employees
of the United States whose duties or responsibilities require
access for the administration or enforcement of such provisions.
The Secretary of Labor shall provide such other safeguards as the
Commissioner of Social Security determines to be necessary or
appropriate to protect the confidentiality of the social security
account numbers.
(D)(i) It is the policy of the United States that -
(I) any State (or any political subdivision of a State) and any
authorized blood donation facility may utilize the social
security account numbers issued by the Commissioner of Social
Security for the purpose of identifying blood donors, and
(II) any State (or political subdivision of a State) may
require any individual who donates blood within such State (or
political subdivision) to furnish to such State (or political
subdivision), to any agency thereof having related administrative
responsibility, or to any authorized blood donation facility the
social security account number (or numbers, if the donor has more
than one such number) issued to the donor by the Commissioner of
Social Security.

(ii) If and to the extent that any provision of Federal law
enacted before November 10, 1988, is inconsistent with the policy
set forth in clause (i), such provision shall, on and after
November 10, 1988, be null, void, and of no effect.
(iii) For purposes of this subparagraph -
(I) the term "authorized blood donation facility" means an
entity described in section 1320b-11(h)(1)(B) of this title, and
(II) the term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Marianas, and the Trust Territory of
the Pacific Islands.

(E)(i) It is the policy of the United States that -
(I) any State (or any political subdivision of a State) may
utilize the social security account numbers issued by the
Commissioner of Social Security for the additional purposes
described in clause (ii) if such numbers have been collected and
are otherwise utilized by such State (or political subdivision)
in accordance with applicable law, and
(II) any district court of the United States may use, for such
additional purposes, any such social security account numbers
which have been so collected and are so utilized by any State.

(ii) The additional purposes described in this clause are the
following:
(I) Identifying duplicate names of individuals on master lists
used for jury selection purposes.
(II) Identifying on such master lists those individuals who are
ineligible to serve on a jury by reason of their conviction of a
felony.

(iii) To the extent that any provision of Federal law enacted
before August 15, 1994, is inconsistent with the policy set forth
in clause (i), such provision shall, on and after August 15, 1994,
be null, void, and of no effect.
(iv) For purposes of this subparagraph, the term "State" has the
meaning such term has in subparagraph (D).
(F) The Commissioner of Social Security shall require, as a
condition for receipt of benefits under this subchapter, that an
individual furnish satisfactory proof of a social security account
number assigned to such individual by the Commissioner of Social
Security or, in the case of an individual to whom no such number
has been assigned, that such individual make proper application for
assignment of such a number.
(G) The Commissioner of Social Security shall issue a social
security card to each individual at the time of the issuance of a
social security account number to such individual. The social
security card shall be made of banknote paper, and (to the maximum
extent practicable) shall be a card which cannot be counterfeited.
(H) The Commissioner of Social Security shall share with the
Secretary of the Treasury the information obtained by the
Commissioner pursuant to the second sentence of subparagraph
(B)(ii) and to subparagraph (C)(ii) for the purpose of
administering those sections of the Internal Revenue Code of 1986
which grant tax benefits based on support or residence of children.
(3) The Commissioner's records shall be evidence for the purpose
of proceedings before the Commissioner of Social Security or any
court of the amounts of wages paid to, and self-employment income
derived by, an individual and of the periods in which such wages
were paid and such income was derived. The absence of an entry in
such records as to wages alleged to have been paid to, or as to
self-employment income alleged to have been derived by, an
individual in any period shall be evidence that no such alleged
wages were paid to, or that no such alleged income was derived by,
such individual during such period.
(4) Prior to the expiration of the time limitation following any
year the Commissioner of Social Security may, if it is brought to
the Commissioner's attention that any entry of wages or self-
employment income in the Commissioner's records for such year is
erroneous or that any item of wages or self-employment income for
such year has been omitted from such records, correct such entry or
include such omitted item in the Commissioner's records, as the
case may be. After the expiration of the time limitation following
any year -
(A) the Commissioner's records (with changes, if any, made
pursuant to paragraph (5) of this subsection) of the amounts of
wages paid to, and self-employment income derived by, an
individual during any period in such year shall be conclusive for
the purposes of this subchapter;
(B) the absence of an entry in the Commissioner's records as to
the wages alleged to have been paid by an employer to an
individual during any period in such year shall be presumptive
evidence for the purposes of this subchapter that no such alleged
wages were paid to such individual in such period; and
(C) the absence of an entry in the Commissioner's records as to
the self-employment income alleged to have been derived by an
individual in such year shall be conclusive for the purposes of
this subchapter that no such alleged self-employment income was
derived by such individual in such year unless it is shown that
he filed a tax return of his self-employment income for such year
before the expiration of the time limitation following such year,
in which case the Commissioner of Social Security shall include
in the Commissioner's records the self-employment income of such
individual for such year.

(5) After the expiration of the time limitation following any
year in which wages were paid or alleged to have been paid to, or
self-employment income was derived or alleged to have been derived
by, an individual, the Commissioner of Social Security may change
or delete any entry with respect to wages or self-employment income
in the Commissioner's records of such year for such individual or
include in the Commissioner's records of such year for such
individual any omitted item of wages or self-employment income but
only -
(A) if an application for monthly benefits or for a lump-sum
death payment was filed within the time limitation following such
year; except that no such change, deletion, or inclusion may be
made pursuant to this subparagraph after a final decision upon
the application for monthly benefits or lump-sum death payment;
(B) if within the time limitation following such year an
individual or his survivor makes a request for a change or
deletion, or for an inclusion of an omitted item, and alleges in
writing that the Commissioner's records of the wages paid to, or
the self-employment income derived by, such individual in such
year are in one or more respects erroneous; except that no such
change, deletion, or inclusion may be made pursuant to this
subparagraph after a final decision upon such request. Written
notice of the Commissioner's decision on any such request shall
be given to the individual who made the request;
(C) to correct errors apparent on the face of such records;
(D) to transfer items to records of the Railroad Retirement
Board if such items were credited under this subchapter when they
should have been credited under the Railroad Retirement Act of
1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.], or to enter
items transferred by the Railroad Retirement Board which have
been credited under the Railroad Retirement Act of 1937 or 1974
when they should have been credited under this subchapter;
(E) to delete or reduce the amount of any entry which is
erroneous as a result of fraud;
(F) to conform the Commissioner's records to -
(i) tax returns or portions thereof (including information
returns and other written statements) filed with the
Commissioner of Internal Revenue under title VIII of the Social
Security Act, under subchapter E of chapter 1 or subchapter A
of chapter 9 of the Internal Revenue Code of 1939, under
chapter 2 or 21 of the Internal Revenue Code of 1954 or the
Internal Revenue Code of 1986, or under regulations made under
authority of such title, subchapter, or chapter;
(ii) wage reports filed by a State pursuant to an agreement
under section 418 of this title or regulations of the
Commissioner of Social Security thereunder; or
(iii) assessments of amounts due under an agreement pursuant
to section 418 of this title (as in effect prior to December
31, 1986), if such assessments are made within the period
specified in subsection (q) (!3) of such section (as so in
effect), or allowances of credits or refunds of overpayments by
a State under an agreement pursuant to such section;


except that no amount of self-employment income of an individual
for any taxable year (if such return or statement was filed after
the expiration of the time limitation following the taxable year)
shall be included in the Commissioner's records pursuant to this
subparagraph;
(G) to correct errors made in the allocation, to individuals or
periods, of wages or self-employment income entered in the
records of the Commissioner of Social Security;
(H) to include wages paid during any period in such year to an
individual by an employer;
(I) to enter items which constitute remuneration for employment
under subsection (o) of this section, such entries to be in
accordance with certified reports of records made by the Railroad
Retirement Board pursuant to section 5(k)(3) of the Railroad
Retirement Act of 1937 [45 U.S.C. 228e(k)(3)] or section 7(b)(7)
of the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)(7)]; or
(J) to include self-employment income for any taxable year, up
to, but not in excess of, the amount of wages deleted by the
Commissioner of Social Security as payments erroneously included
in such records as wages paid to such individual, if such income
(or net earnings from self-employment), not already included in
such records as self-employment income, is included in a return
or statement (referred to in subparagraph (F) of this subsection)
filed before the expiration of the time limitation following the
taxable year in which such deletion of wages is made.

(6) Written notice of any deletion or reduction under paragraph
(4) or (5) of this subsection shall be given to the individual
whose record is involved or to his survivor, except that (A) in the
case of a deletion or reduction with respect to any entry of wages
such notice shall be given to such individual only if he has
previously been notified by the Commissioner of Social Security of
the amount of his wages for the period involved, and (B) such
notice shall be given to such survivor only if he or the individual
whose record is involved has previously been notified by the
Commissioner of Social Security of the amount of such individual's
wages and self-employment income for the period involved.
(7) Upon request in writing (within such period, after any change
or refusal of a request for a change of the Commissioner's records
pursuant to this subsection, as the Commissioner of Social Security
may prescribe), opportunity for hearing with respect to such change
or refusal shall be afforded to any individual or his survivor. If
a hearing is held pursuant to this paragraph the Commissioner of
Social Security shall make findings of fact and a decision based
upon the evidence adduced at such hearing and shall include any
omitted items, or change or delete any entry, in the Commissioner's
records as may be required by such findings and decision.
(8) A translation into English by a third party of a statement
made in a foreign language by an applicant for or beneficiary of
monthly insurance benefits under this subchapter shall not be
regarded as reliable for any purpose under this subchapter unless
the third party, under penalty of perjury -
(A) certifies that the translation is accurate; and
(B) discloses the nature and scope of the relationship between
the third party and the applicant or recipient, as the case may
be.

(9) Decisions of the Commissioner of Social Security under this
subsection shall be reviewable by commencing a civil action in the
United States district court as provided in subsection (g) of this
section.
(d) Issuance of subpenas in administrative proceedings
For the purpose of any hearing, investigation, or other
proceeding authorized or directed under this subchapter, or
relative to any other matter within the Commissioner's jurisdiction
hereunder, the Commissioner of Social Security shall have power to
issue subpenas requiring the attendance and testimony of witnesses
and the production of any evidence that relates to any matter under
investigation or in question before the Commissioner of Social
Security. Such attendance of witnesses and production of evidence
at the designated place of such hearing, investigation, or other
proceeding may be required from any place in the United States or
in any Territory or possession thereof. Subpenas of the
Commissioner of Social Security shall be served by anyone
authorized by the Commissioner (1) by delivering a copy thereof to
the individual named therein, or (2) by registered mail or by
certified mail addressed to such individual at his last dwelling
place or principal place of business. A verified return by the
individual so serving the subpena setting forth the manner of
service, or, in the case of service by registered mail or by
certified mail, the return post-office receipt therefor signed by
the individual so served, shall be proof of service. Witnesses so
subpenaed shall be paid the same fees and mileage as are paid
witnesses in the district courts of the United States.
(e) Judicial enforcement of subpenas; contempt
In case of contumacy by, or refusal to obey a subpena duly served
upon, any person, any district court of the United States for the
judicial district in which said person charged with contumacy or
refusal to obey is found or resides or transacts business, upon
application by the Commissioner of Social Security, shall have
jurisdiction to issue an order requiring such person to appear and
give testimony, or to appear and produce evidence, or both; any
failure to obey such order of the court may be punished by said
court as contempt thereof.
(f) Repealed. Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84
Stat. 930
(g) Judicial review
Any individual, after any final decision of the Commissioner of
Social Security made after a hearing to which he was a party,
irrespective of the amount in controversy, may obtain a review of
such decision by a civil action commenced within sixty days after
the mailing to him of notice of such decision or within such
further time as the Commissioner of Social Security may allow. Such
action shall be brought in the district court of the United States
for the judicial district in which the plaintiff resides, or has
his principal place of business, or, if he does not reside or have
his principal place of business within any such judicial district,
in the United States District Court for the District of Columbia.
As part of the Commissioner's answer the Commissioner of Social
Security shall file a certified copy of the transcript of the
record including the evidence upon which the findings and decision
complained of are based. The court shall have power to enter, upon
the pleadings and transcript of the record, a judgment affirming,
modifying, or reversing the decision of the Commissioner of Social
Security, with or without remanding the cause for a rehearing. The
findings of the Commissioner of Social Security as to any fact, if
supported by substantial evidence, shall be conclusive, and where a
claim has been denied by the Commissioner of Social Security or a
decision is rendered under subsection (b) of this section which is
adverse to an individual who was a party to the hearing before the
Commissioner of Social Security, because of failure of the claimant
or such individual to submit proof in conformity with any
regulation prescribed under subsection (a) of this section, the
court shall review only the question of conformity with such
regulations and the validity of such regulations. The court may, on
motion of the Commissioner of Social Security made for good cause
shown before the Commissioner files the Commissioner's answer,
remand the case to the Commissioner of Social Security for further
action by the Commissioner of Social Security, and it may at any
time order additional evidence to be taken before the Commissioner
of Social Security, but only upon a showing that there is new
evidence which is material and that there is good cause for the
failure to incorporate such evidence into the record in a prior
proceeding; and the Commissioner of Social Security shall, after
the case is remanded, and after hearing such additional evidence if
so ordered, modify or affirm the Commissioner's findings of fact or
the Commissioner's decision, or both, and shall file with the court
any such additional and modified findings of fact and decision,
and, in any case in which the Commissioner has not made a decision
fully favorable to the individual, a transcript of the additional
record and testimony upon which the Commissioner's action in
modifying or affirming was based. Such additional or modified
findings of fact and decision shall be reviewable only to the
extent provided for review of the original findings of fact and
decision. The judgment of the court shall be final except that it
shall be subject to review in the same manner as a judgment in
other civil actions. Any action instituted in accordance with this
subsection shall survive notwithstanding any change in the person
occupying the office of Commissioner of Social Security or any
vacancy in such office.
(h) Finality of Commissioner's decision
The findings and decision of the Commissioner of Social Security
after a hearing shall be binding upon all individuals who were
parties to such hearing. No findings of fact or decision of the
Commissioner of Social Security shall be reviewed by any person,
tribunal, or governmental agency except as herein provided. No
action against the United States, the Commissioner of Social
Security, or any officer or employee thereof shall be brought under
section 1331 or 1346 of title 28 to recover on any claim arising
under this subchapter.
(i) Certification for payment
Upon final decision of the Commissioner of Social Security, or
upon final judgment of any court of competent jurisdiction, that
any person is entitled to any payment or payments under this
subchapter, the Commissioner of Social Security shall certify to
the Managing Trustee the name and address of the person so entitled
to receive such payment or payments, the amount of such payment or
payments, and the time at which such payment or payments should be
made, and the Managing Trustee, through the Fiscal Service of the
Department of the Treasury, and prior to any action thereon by the
Government Accountability Office, shall make payment in accordance
with the certification of the Commissioner of Social Security
(except that in the case of (A) an individual who will have
completed ten years of service (or five or more years of service,
all of which accrues after December 31, 1995) creditable under the
Railroad Retirement Act of 1937 [45 U.S.C. 228a et seq.] or the
Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], (B) the
wife or husband of such an individual, (C) any survivor of such an
individual if such survivor is entitled, or could upon application
become entitled, to an annuity under section 2 of the Railroad
Retirement Act of 1974 [45 U.S.C. 231a], and (D) any other person
entitled to benefits under section 402 of this title on the basis
of the wages and self-employment income of such an individual
(except a survivor of such an individual where such individual did
not have a current connection with the railroad industry, as
defined in the Railroad Retirement Act of 1974, at the time of his
death), such certification shall be made to the Railroad Retirement
Board which shall provide for such payment or payments to such
person on behalf of the Managing Trustee in accordance with the
provisions of the Railroad Retirement Act of 1974): Provided, That
where a review of the Commissioner's decision is or may be sought
under subsection (g) of this section the Commissioner of Social
Security may withhold certification of payment pending such review.
The Managing Trustee shall not be held personally liable for any
payment or payments made in accordance with a certification by the
Commissioner of Social Security.
(j) Representative payees
(1)(A) If the Commissioner of Social Security determines that the
interest of any individual under this subchapter would be served
thereby, certification of payment of such individual's benefit
under this subchapter may be made, regardless of the legal
competency or incompetency of the individual, either for direct
payment to the individual, or for his or her use and benefit, to
another individual, or an organization, with respect to whom the
requirements of paragraph (2) have been met (hereinafter in this
subsection referred to as the individual's "representative payee").
If the Commissioner of Social Security or a court of competent
jurisdiction determines that a representative payee has misused any
individual's benefit paid to such representative payee pursuant to
this subsection or section 1007 or 1383(a)(2) of this title, the
Commissioner of Social Security shall promptly revoke certification
for payment of benefits to such representative payee pursuant to
this subsection and certify payment to an alternative
representative payee or, if the interest of the individual under
this subchapter would be served thereby, to the individual.
(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security
determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) and the
individual is incapable of managing such benefits.
(2)(A) Any certification made under paragraph (1) for payment of
benefits to an individual's representative payee shall be made on
the basis of -
(i) an investigation by the Commissioner of Social Security of
the person to serve as representative payee, which shall be
conducted in advance of such certification and shall, to the
extent practicable, include a face-to-face interview with such
person, and
(ii) adequate evidence that such certification is in the
interest of such individual (as determined by the Commissioner of
Social Security in regulations).

(B)(i) As part of the investigation referred to in subparagraph
(A)(i), the Commissioner of Social Security shall -
(I) require the person being investigated to submit documented
proof of the identity of such person, unless information
establishing such identity has been submitted with an application
for benefits under this subchapter, subchapter VIII of this
chapter, or subchapter XVI of this chapter,
(II) verify such person's social security account number (or
employer identification number),
(III) determine whether such person has been convicted of a
violation of section 408, 1011, or 1383a of this title,
(IV) obtain information concerning whether such person has been
convicted of any other offense under Federal or State law which
resulted in imprisonment for more than 1 year,
(V) obtain information concerning whether such person is a
person described in section 402(x)(1)(A)(iv) of this title, and
(VI) determine whether certification of payment of benefits to
such person has been revoked pursuant to this subsection, the
designation of such person as a representative payee has been
revoked pursuant to section 1007(a) of this title, or payment of
benefits to such person has been terminated pursuant to section
1383(a)(2)(A)(iii) of this title by reason of misuse of funds
paid as benefits under this subchapter, subchapter VIII of this
chapter, or subchapter XVI of this chapter.

(ii) The Commissioner of Social Security shall establish and
maintain a centralized file, which shall be updated periodically
and which shall be in a form which renders it readily retrievable
by each servicing office of the Social Security Administration.
Such file shall consist of -
(I) a list of the names and social security account numbers (or
employer identification numbers) of all persons with respect to
whom certification of payment of benefits has been revoked on or
after January 1, 1991, pursuant to this subsection, whose
designation as a representative payee has been revoked pursuant
to section 1007(a) of this title, or with respect to whom payment
of benefits has been terminated on or after such date pursuant to
section 1383(a)(2)(A)(iii) of this title, by reason of misuse of
funds paid as benefits under this subchapter, subchapter VIII of
this chapter, or subchapter XVI of this chapter, and
(II) a list of the names and social security account numbers
(or employer identification numbers) of all persons who have been
convicted of a violation of section 408, 1011, or 1383a of this
title.

(iii) Notwithstanding the provisions of section 552a of title 5
or any other provision of Federal or State law (other than section
6103 of the Internal Revenue Code of 1986 and section 1306(c) of
this title), the Commissioner shall furnish any Federal, State, or
local law enforcement officer, upon the written request of the
officer, with the current address, social security account number,
and photograph (if applicable) of any person investigated under
this paragraph, if the officer furnishes the Commissioner with the
name of such person and such other identifying information as may
reasonably be required by the Commissioner to establish the unique
identity of such person, and notifies the Commissioner that -
(I) such person is described in section 402(x)(1)(A)(iv) of
this title,
(II) such person has information that is necessary for the
officer to conduct the officer's official duties, and
(III) the location or apprehension of such person is within the
officer's official duties.

(C)(i) Benefits of an individual may not be certified for payment
to any other person pursuant to this subsection if -
(I) such person has previously been convicted as described in
subparagraph (B)(i)(III),
(II) except as provided in clause (ii), certification of
payment of benefits to such person under this subsection has
previously been revoked as described in subparagraph (B)(i)(VI)
(!4) the designation of such person as a representative payee has
been revoked pursuant to section 1007(a) of this title, or
payment of benefits to such person pursuant to section
1383(a)(2)(A)(ii) of this title has previously been terminated as
described in section 1383(a)(2)(B)(ii)(VI) of this title,

(III) except as provided in clause (iii), such person is a
creditor of such individual who provides such individual with
goods or services for consideration,
(IV) such person has previously been convicted as described in
subparagraph (B)(i)(IV), unless the Commissioner determines that
such certification would be appropriate notwithstanding such
conviction, or
(V) such person is a person described in section
402(x)(1)(A)(iv) of this title.

(ii) The Commissioner of Social Security shall prescribe
regulations under which the Commissioner of Social Security may
grant exemptions to any person from the provisions of clause
(i)(II) on a case-by-case basis if such exemption is in the best
interest of the individual whose benefits would be paid to such
person pursuant to this subsection.
(iii) Clause (i)(III) shall not apply with respect to any person
who is a creditor referred to therein if such creditor is -
(I) a relative of such individual if such relative resides in
the same household as such individual,
(II) a legal guardian or legal representative of such
individual,
(III) a facility that is licensed or certified as a care
facility under the law of a State or a political subdivision of a
State,
(IV) a person who is an administrator, owner, or employee of a
facility referred to in subclause (III) if such individual
resides in such facility, and the certification of payment to
such facility or such person is made only after good faith
efforts have been made by the local servicing office of the
Social Security Administration to locate an alternative
representative payee to whom such certification of payment would
serve the best interests of such individual, or
(V) an individual who is determined by the Commissioner of
Social Security, on the basis of written findings and under
procedures which the Commissioner of Social Security shall
prescribe by regulation, to be acceptable to serve as a
representative payee.

(iv) The procedures referred to in clause (iii)(V) shall require
the individual who will serve as representative payee to establish,
to the satisfaction of the Commissioner of Social Security, that -
(I) such individual poses no risk to the beneficiary,
(II) the financial relationship of such individual to the
beneficiary poses no substantial conflict of interest, and
(III) no other more suitable representative payee can be found.

(v) In the case of an individual described in paragraph (1)(B),
when selecting such individual's representative payee, preference
shall be given to -
(I) a certified community-based nonprofit social service agency
(as defined in paragraph (10)),
(II) a Federal, State, or local government agency whose mission
is to carry out income maintenance, social service, or health
care-related activities,
(III) a State or local government agency with fiduciary
responsibilities, or
(IV) a designee of an agency (other than of a Federal agency)
referred to in the preceding subclauses of this clause, if the
Commissioner of Social Security deems it appropriate,

unless the Commissioner of Social Security determines that
selection of a family member would be appropriate.
(D)(i) Subject to clause (ii), if the Commissioner of Social
Security makes a determination described in the first sentence of
paragraph (1) with respect to any individual's benefit and
determines that direct payment of the benefit to the individual
would cause substantial harm to the individual, the Commissioner of
Social Security may defer (in the case of initial entitlement) or
suspend (in the case of existing entitlement) direct payment of
such benefit to the individual, until such time as the selection of
a representative payee is made pursuant to this subsection.
(ii)(I) Except as provided in subclause (II), any deferral or
suspension of direct payment of a benefit pursuant to clause (i)
shall be for a period of not more than 1 month.
(II) Subclause (I) shall not apply in any case in which the
individual is, as of the date of the Commissioner's determination,
legally incompetent, under the age of 15 years, or described in
paragraph (1)(B).
(iii) Payment pursuant to this subsection of any benefits which
are deferred or suspended pending the selection of a representative
payee shall be made to the individual or the representative payee
as a single sum or over such period of time as the Commissioner of
Social Security determines is in the best interest of the
individual entitled to such benefits.
(E)(i) Any individual who is dissatisfied with a determination by
the Commissioner of Social Security to certify payment of such
individual's benefit to a representative payee under paragraph (1)
or with the designation of a particular person to serve as
representative payee shall be entitled to a hearing by the
Commissioner of Social Security to the same extent as is provided
in subsection (b) of this section, and to judicial review of the
Commissioner's final decision as is provided in subsection (g) of
this section.
(ii) In advance of the certification of payment of an
individual's benefit to a representative payee under paragraph (1),
the Commissioner of Social Security shall provide written notice of
the Commissioner's initial determination to certify such payment.
Such notice shall be provided to such individual, except that, if
such individual -
(I) is under the age of 15,
(II) is an unemancipated minor under the age of 18, or
(III) is legally incompetent,

then such notice shall be provided solely to the legal guardian or
legal representative of such individual.
(iii) Any notice described in clause (ii) shall be clearly
written in language that is easily understandable to the reader,
shall identify the person to be designated as such individual's
representative payee, and shall explain to the reader the right
under clause (i) of such individual or of such individual's legal
guardian or legal representative -
(I) to appeal a determination that a representative payee is
necessary for such individual,
(II) to appeal the designation of a particular person to serve
as the representative payee of such individual, and
(III) to review the evidence upon which such designation is
based and submit additional evidence.

(3)(A) In any case where payment under this subchapter is made to
a person other than the individual entitled to such payment, the
Commissioner of Social Security shall establish a system of
accountability monitoring whereby such person shall report not less
often than annually with respect to the use of such payments. The
Commissioner of Social Security shall establish and implement
statistically valid procedures for reviewing such reports in order
to identify instances in which such persons are not properly using
such payments.
(B) Subparagraph (A) shall not apply in any case where the other
person to whom such payment is made is a State institution. In such
cases, the Commissioner of Social Security shall establish a system
of accountability monitoring for institutions in each State.
(C) Subparagraph (A) shall not apply in any case where the
individual entitled to such payment is a resident of a Federal
institution and the other person to whom such payment is made is
the institution.
(D) Notwithstanding subparagraphs (A), (B), and (C), the
Commissioner of Social Security may require a report at any time
from any person receiving payments on behalf of another, if the
Commissioner of Social Security has reason to believe that the
person receiving such payments is misusing such payments.
(E) In any case in which the person described in subparagraph (A)
or (D) receiving payments on behalf of another fails to submit a
report required by the Commissioner of Social Security under
subparagraph (A) or (D), the Commissioner may, after furnishing
notice to such person and the individual entitled to such payment,
require that such person appear in person at a field office of the
Social Security Administration serving the area in which the
individual resides in order to receive such payments.
(F) The Commissioner of Social Security shall maintain a
centralized file, which shall be updated periodically and which
shall be in a form which will be readily retrievable by each
servicing office of the Social Security Administration, of -
(i) the address and the social security account number (or
employer identification number) of each representative payee who
is receiving benefit payments pursuant to this subsection,
section 1007 of this title, or section 1383(a)(2) of this title,
and
(ii) the address and social security account number of each
individual for whom each representative payee is reported to be
providing services as representative payee pursuant to this
subsection, section 1007 of this title, or section 1383(a)(2) of
this title.

(G) Each servicing office of the Administration shall maintain a
list, which shall be updated periodically, of public agencies and
certified community-based nonprofit social service agencies (as
defined in paragraph (10)) which are qualified to serve as
representative payees pursuant to this subsection or section 1007
or 1383(a)(2) of this title and which are located in the area
served by such servicing office.
(4)(A)(i) Except as provided in the next sentence, a qualified
organization may collect from an individual a monthly fee for
expenses (including overhead) incurred by such organization in
providing services performed as such individual's representative
payee pursuant to this subsection if such fee does not exceed the
lesser of -
(I) 10 percent of the monthly benefit involved, or
(II) $25.00 per month ($50.00 per month in any case in which
the individual is described in paragraph (1)(B)).

A qualified organization may not collect a fee from an individual
for any month with respect to which the Commissioner of Social
Security or a court of competent jurisdiction has determined that
the organization misused all or part of the individual's benefit,
and any amount so collected by the qualified organization for such
month shall be treated as a misused part of the individual's
benefit for purposes of paragraphs (5) and (6). The Commissioner
shall adjust annually (after 1995) each dollar amount set forth in
subclause (II) under procedures providing for adjustments in the
same manner and to the same extent as adjustments are provided for
under the procedures used to adjust benefit amounts under section
415(i)(2)(A) of this title, except that any amount so adjusted that
is not a multiple of $1.00 shall be rounded to the nearest multiple
of $1.00. Any agreement providing for a fee in excess of the amount
permitted under this subparagraph shall be void and shall be
treated as misuse by such organization of such individual's
benefits.
(ii) In the case of an individual who is no longer currently
entitled to monthly insurance benefits under this subchapter but to
whom all past-due benefits have not been paid, for purposes of
clause (i), any amount of such past-due benefits payable in any
month shall be treated as a monthly benefit referred to in clause
(i)(I).
(B) For purposes of this paragraph, the term "qualified
organization" means any State or local government agency whose
mission is to carry out income maintenance, social service, or
health care-related activities, any State or local government
agency with fiduciary responsibilities, or any certified community-
based nonprofit social service agency (as defined in paragraph
(10)), if such agency, in accordance with any applicable
regulations of the Commissioner of Social Security -
(i) regularly provides services as the representative payee,
pursuant to this subsection or section 1007 or 1383(a)(2) of this
title, concurrently to 5 or more individuals,(!5)

(ii) demonstrates to the satisfaction of the Commissioner of
Social Security that such agency is not otherwise a creditor of
any such individual.

The Commissioner of Social Security shall prescribe regulations
under which the Commissioner of Social Security may grant an
exception from clause (ii) for any individual on a case-by-case
basis if such exception is in the best interests of such
individual.
(C) Any qualified organization which knowingly charges or
collects, directly or indirectly, any fee in excess of the maximum
fee prescribed under subparagraph (A) or makes any agreement,
directly or indirectly, to charge or collect any fee in excess of
such maximum fee, shall be fined in accordance with title 18, or
imprisoned not more than 6 months, or both.
(5) In cases where the negligent failure of the Commissioner of
Social Security to investigate or monitor a representative payee
results in misuse of benefits by the representative payee, the
Commissioner of Social Security shall certify for payment to the
beneficiary or the beneficiary's alternative representative payee
an amount equal to such misused benefits. In any case in which a
representative payee that -
(A) is not an individual (regardless of whether it is a
"qualified organization" within the meaning of paragraph (4)(B));
or
(B) is an individual who, for any month during a period when
misuse occurs, serves 15 or more individuals who are
beneficiaries under this subchapter, subchapter VIII of this
chapter, subchapter XVI of this chapter, or any combination of
such subchapters;

misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall
certify for payment to the beneficiary or the beneficiary's
alternative representative payee an amount equal to the amount of
such benefit so misused. The provisions of this paragraph are
subject to the limitations of paragraph (7)(B). The Commissioner of
Social Security shall make a good faith effort to obtain
restitution from the terminated representative payee.
(6)(A) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any
person or agency located in the United States that receives the
benefits payable under this subchapter (alone or in combination
with benefits payable under subchapter VIII of this chapter or
subchapter XVI of this chapter) to another individual pursuant to
the appointment of such person or agency as a representative payee
under this subsection, section 1007 of this title, or section
1383(a)(2) of this title in any case in which -
(i) the representative payee is a person who serves in that
capacity with respect to 15 or more such individuals;
(ii) the representative payee is a certified community-based
nonprofit social service agency (as defined in paragraph (10) of
this subsection or section 1383(a)(2)(I) of this title); or
(iii) the representative payee is an agency (other than an
agency described in clause (ii)) that serves in that capacity
with respect to 50 or more such individuals.

(B) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
a report on the results of periodic onsite reviews conducted during
the fiscal year pursuant to subparagraph (A) and of any other
reviews of representative payees conducted during such fiscal year
in connection with benefits under this subchapter. Each such report
shall describe in detail all problems identified in such reviews
and any corrective action taken or planned to be taken to correct
such problems, and shall include -
(i) the number of such reviews;
(ii) the results of such reviews;
(iii) the number of cases in which the representative payee was
changed and why;
(iv) the number of cases involving the exercise of expedited,
targeted oversight of the representative payee by the
Commissioner conducted upon receipt of an allegation of misuse of
funds, failure to pay a vendor, or a similar irregularity;
(v) the number of cases discovered in which there was a misuse
of funds;
(vi) how any such cases of misuse of funds were dealt with by
the Commissioner;
(vii) the final disposition of such cases of misuse of funds,
including any criminal penalties imposed; and
(viii) such other information as the Commissioner deems
appropriate.

(7)(A) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that
is not a Federal, State, or local government agency has misused all
or part of an individual's benefit that was paid to such
representative payee under this subsection, the representative
payee shall be liable for the amount misused, and such amount (to
the extent not repaid by the representative payee) shall be treated
as an overpayment of benefits under this subchapter to the
representative payee for all purposes of this chapter and related
laws pertaining to the recovery of such overpayments. Subject to
subparagraph (B), upon recovering all or any part of such amount,
the Commissioner shall certify an amount equal to the recovered
amount for payment to such individual or such individual's
alternative representative payee.
(B) The total of the amount certified for payment to such
individual or such individual's alternative representative payee
under subparagraph (A) and the amount certified for payment under
paragraph (5) may not exceed the total benefit amount misused by
the representative payee with respect to such individual.
(8) For purposes of this subsection, the term "benefit based on
disability" of an individual means a disability insurance benefit
of such individual under section 423 of this title or a child's,
widow's, or widower's insurance benefit of such individual under
section 402 of this title based on such individual's disability.
(9) For purposes of this subsection, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this subchapter for the use and
benefit of another person and converts such payment, or any part
thereof, to a use other than for the use and benefit of such other
person. The Commissioner of Social Security may prescribe by
regulation the meaning of the term "use and benefit" for purposes
of this paragraph.
(10) For purposes of this subsection, the term "certified
community-based nonprofit social service agency" means a community-
based nonprofit social service agency which is in compliance with
requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it
is bonded in accordance with requirements specified by the
Commissioner and that it is licensed in each State in which it
serves as a representative payee (if licensing is available in the
State) in accordance with requirements specified by the
Commissioner. Any such annual certification shall include a copy of
any independent audit on the agency which may have been performed
since the previous certification.
(k) Payments to incompetents
Any payment made after December 31, 1939, under conditions set
forth in subsection (j) of this section, any payment made before
January 1, 1940, to, or on behalf of, a legally incompetent
individual, and any payment made after December 31, 1939, to a
legally incompetent individual without knowledge by the
Commissioner of Social Security of incompetency prior to
certification of payment, if otherwise valid under this subchapter,
shall be a complete settlement and satisfaction of any claim,
right, or interest in and to such payment.
(l) Delegation of powers and duties by Commissioner
The Commissioner of Social Security is authorized to delegate to
any member, officer, or employee of the Social Security
Administration designated by the Commissioner any of the powers
conferred upon the Commissioner by this section, and is authorized
to be represented by the Commissioner's own attorneys in any court
in any case or proceeding arising under the provisions of
subsection (e) of this section.
(m) Repealed. Aug. 28, 1950, ch. 809, title I, Sec. 101(b)(2), 64
Stat. 488
(n) Joint payments
The Commissioner of Social Security may, in the Commissioner's
discretion, certify to the Managing Trustee any two or more
individuals of the same family for joint payment of the total
benefits payable to such individuals for any month, and if one of
such individuals dies before a check representing such joint
payment is negotiated, payment of the amount of such unnegotiated
check to the surviving individual or individuals may be authorized
in accordance with regulations of the Secretary of the Treasury;
except that appropriate adjustment or recovery shall be made under
section 404(a) of this title with respect to so much of the amount
of such check as exceeds the amount to which such surviving
individual or individuals are entitled under this subchapter for
such month.
(o) Crediting of compensation under Railroad Retirement Act
If there is no person who would be entitled, upon application
therefor, to an annuity under section 2 of the Railroad Retirement
Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under
section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the
death of an employee (as defined in such Act), then,
notwithstanding section 410(a)(9) of this title, compensation (as
defined in such Railroad Retirement Act, but excluding compensation
attributable as having been paid during any month on account of
military service creditable under section 3(i) of such Act [45
U.S.C. 231b(i)] if wages are deemed to have been paid to such
employee during such month under subsection (a) or (e) of section
417 of this title) of such employee shall constitute remuneration
for employment for purposes of determining (A) entitlement to and
the amount of any lump-sum death payment under this subchapter on
the basis of such employee's wages and self-employment income and
(B) entitlement to and the amount of any monthly benefit under this
subchapter, for the month in which such employee died or for any
month thereafter, on the basis of such wages and self-employment
income. For such purposes, compensation (as so defined) paid in a
calendar year before 1978 shall, in the absence of evidence to the
contrary, be presumed to have been paid in equal proportions with
respect to all months in the year in which the employee rendered
services for such compensation.
(p) Special rules in case of Federal service
(1) With respect to service included as employment under section
410 of this title which is performed in the employ of the United
States or in the employ of any instrumentality which is wholly
owned by the United States, including service, performed as a
member of a uniformed service, to which the provisions of
subsection (l)(1) of such section are applicable, and including
service, performed as a volunteer or volunteer leader within the
meaning of the Peace Corps Act [22 U.S.C. 2501 et seq.], to which
the provisions of section 410(o) of this title are applicable, the
Commissioner of Social Security shall not make determinations as to
the amounts of remuneration for such service, or the periods in
which or for which such remuneration was paid, but shall accept the
determinations with respect thereto of the head of the appropriate
Federal agency or instrumentality, and of such agents as such head
may designate, as evidenced by returns filed in accordance with the
provisions of section 3122 of the Internal Revenue Code of 1954 and
certifications made pursuant to this subsection. Such
determinations shall be final and conclusive. Nothing in this
paragraph shall be construed to affect the Commissioner's authority
to determine under sections 409 and 410 of this title whether any
such service constitutes employment, the periods of such
employment, and whether remuneration paid for any such service
constitutes wages.
(2) The head of any such agency or instrumentality is authorized
and directed, upon written request of the Commissioner of Social
Security, to make certification to the Commissioner with respect to
any matter determinable for the Commissioner of Social Security by
such head or his agents under this subsection, which the
Commissioner of Social Security finds necessary in administering
this subchapter.
(3) The provisions of paragraphs (1) and (2) of this subsection
shall be applicable in the case of service performed by a civilian
employee, not compensated from funds appropriated by the Congress,
in the Army and Air Force Exchange Service, Army and Air Force
Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or
other activities, conducted by an instrumentality of the United
States subject to the jurisdiction of the Secretary of Defense, at
installations of the Department of Defense for the comfort,
pleasure, contentment, and mental and physical improvement of
personnel of such Department; and for purposes of paragraphs (1)
and (2) of this subsection the Secretary of Defense shall be deemed
to be the head of such instrumentality. The provisions of
paragraphs (1) and (2) shall be applicable also in the case of
service performed by a civilian employee, not compensated from
funds appropriated by the Congress, in the Coast Guard Exchanges or
other activities, conducted by an instrumentality of the United
States subject to the jurisdiction of the Secretary of Homeland
Security, at installations of the Coast Guard for the comfort,
pleasure, contentment, and mental and physical improvement of
personnel of the Coast Guard; and for purposes of paragraphs (1)
and (2) the Secretary of Homeland Security shall be deemed to be
the head of such instrumentality.
(q) Expedited benefit payments
(1) The Commissioner of Social Security shall establish and put
into effect procedures under which expedited payment of monthly
insurance benefits under this subchapter will, subject to paragraph
(4) of this subsection, be made as set forth in paragraphs (2) and
(3) of this subsection.
(2) In any case in which -
(A) an individual makes an allegation that a monthly benefit
under this subchapter was due him in a particular month but was
not paid to him, and
(B) such individual submits a written request for the payment
of such benefit -
(i) in the case of an individual who received a regular
monthly benefit in the month preceding the month with respect
to which such allegation is made, not less than 30 days after
the 15th day of the month with respect to which such allegation
is made (and in the event that such request is submitted prior
to the expiration of such 30-day period, it shall be deemed to
have been submitted upon the expiration of such period), and
(ii) in any other case, not less than 90 days after the later
of (I) the date on which such benefit is alleged to have been
due, or (II) the date on which such individual furnished the
last information requested by the Commissioner of Social
Security (and such written request will be deemed to be filed
on the day on which it was filed, or the ninetieth day after
the first day on which the Commissioner of Social Security has
evidence that such allegation is true, whichever is later),

the Commissioner of Social Security shall, if the Commissioner
finds that benefits are due, certify such benefits for payment, and
payment shall be made within 15 days immediately following the date
on which the written request is deemed to have been filed.
(3) In any case in which the Commissioner of Social Security
determines that there is evidence, although additional evidence
might be required for a final decision, that an allegation
described in paragraph (2)(A) is true, the Commissioner may make a
preliminary certification of such benefit for payment even though
the 30-day or 90-day periods described in paragraph (2)(B)(i) and
(B)(ii) have not elapsed.
(4) Any payment made pursuant to a certification under paragraph
(3) of this subsection shall not be considered an incorrect payment
for purposes of determining the liability of the certifying or
disbursing officer.
(5) For purposes of this subsection, benefits payable under
section 428 of this title shall be treated as monthly insurance
benefits payable under this subchapter. However, this subsection
shall not apply with respect to any benefit for which a check has
been negotiated, or with respect to any benefit alleged to be due
under either section 423 of this title, or section 402 of this
title to a wife, husband, or child of an individual entitled to or
applying for benefits under section 423 of this title, or to a
child who has attained age 18 and is under a disability, or to a
widow or widower on the basis of being under a disability.
(r) Use of death certificates to correct program information
(1) The Commissioner of Social Security shall undertake to
establish a program under which -
(A) States (or political subdivisions thereof) voluntarily
contract with the Commissioner of Social Security to furnish the
Commissioner of Social Security periodically with information (in
a form established by the Commissioner of Social Security in
consultation with the States) concerning individuals with respect
to whom death certificates (or equivalent documents maintained by
the States or subdivisions) have been officially filed with them;
and
(B) there will be (i) a comparison of such information on such
individuals with information on such individuals in the records
being used in the administration of this chapter, (ii) validation
of the results of such comparisons, and (iii) corrections in such
records to accurately reflect the status of such individuals.

(2) Each State (or political subdivision thereof) which furnishes
the Commissioner of Social Security with information on records of
deaths in the State or subdivision under this subsection may be
paid by the Commissioner of Social Security from amounts available
for administration of this chapter the reasonable costs
(established by the Commissioner of Social Security in
consultations with the States) for transcribing and transmitting
such information to the Commissioner of Social Security.
(3) In the case of individuals with respect to whom federally
funded benefits are provided by (or through) a Federal or State
agency other than under this chapter, the Commissioner of Social
Security shall to the extent feasible provide such information
through a cooperative arrangement with such agency, for ensuring
proper payment of those benefits with respect to such individuals
if -
(A) under such arrangement the agency provides reimbursement to
the Commissioner of Social Security for the reasonable cost of
carrying out such arrangement, and
(B) such arrangement does not conflict with the duties of the
Commissioner of Social Security under paragraph (1).

(4) The Commissioner of Social Security may enter into similar
agreements with States to provide information for their use in
programs wholly funded by the States if the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
(5) The Commissioner of Social Security may use or provide for
the use of such records as may be corrected under this section,
subject to such safeguards as the Commissioner of Social Security
determines are necessary or appropriate to protect the information
from unauthorized use or disclosure, for statistical and research
activities conducted by Federal and State agencies.
(6) Information furnished to the Commissioner of Social Security
under this subsection may not be used for any purpose other than
the purpose described in this subsection and is exempt from
disclosure under section 552 of title 5 and from the requirements
of section 552a of such title.
(7) The Commissioner of Social Security shall include information
on the status of the program established under this section and
impediments to the effective implementation of the program in the
1984 report required under section 904 of this title.
(8)(A) The Commissioner of Social Security shall, upon the
request of the official responsible for a State driver's license
agency pursuant to the Help America Vote Act of 2002 -
(i) enter into an agreement with such official for the purpose
of verifying applicable information, so long as the requirements
of subparagraphs (A) and (B) of paragraph (3) are met; and
(ii) include in such agreement safeguards to assure the
maintenance of the confidentiality of any applicable information
disclosed and procedures to permit such agency to use the
applicable information for the purpose of maintaining its
records.

(B) Information provided pursuant to an agreement under this
paragraph shall be provided at such time, in such place, and in
such manner as the Commissioner determines appropriate.
(C) The Commissioner shall develop methods to verify the accuracy
of information provided by the agency with respect to applications
for voter registration, for whom the last 4 digits of a social
security number are provided instead of a driver's license number.
(D) For purposes of this paragraph -
(i) the term "applicable information" means information
regarding whether -
(I) the name (including the first name and any family
forename or surname), the date of birth (including the month,
day, and year), and social security number of an individual
provided to the Commissioner match the information contained in
the Commissioner's records, and
(II) such individual is shown on the records of the
Commissioner as being deceased; and

(ii) the term "State driver's license agency" means the State
agency which issues driver's licenses to individuals within the
State and maintains records relating to such licensure.

(E) Nothing in this paragraph may be construed to require the
provision of applicable information with regard to a request for a
record of an individual if the Commissioner determines there are
exceptional circumstances warranting an exception (such as safety
of the individual or interference with an investigation).
(F) Applicable information provided by the Commission pursuant to
an agreement under this paragraph or by an individual to any agency
that has entered into an agreement under this paragraph shall be
considered as strictly confidential and shall be used only for the
purposes described in this paragraph and for carrying out an
agreement under this paragraph. Any officer or employee or former
officer or employee of a State, or any officer or employee or
former officer or employee of a contractor of a State who, without
the written authority of the Commissioner, publishes or
communicates any applicable information in such individual's
possession by reason of such employment or position as such an
officer, shall be guilty of a felony and upon conviction thereof
shall be fined or imprisoned, or both, as described in section 408
of this title.
(s) Notice requirements
The Commissioner of Social Security shall take such actions as
are necessary to ensure that any notice to one or more individuals
issued pursuant to this subchapter by the Commissioner of Social
Security or by a State agency -
(1) is written in simple and clear language, and
(2) includes the address and telephone number of the local
office of the Social Security Administration which serves the
recipient.

In the case of any such notice which is not generated by a local
servicing office, the requirements of paragraph (2) shall be
treated as satisfied if such notice includes the address of the
local office of the Social Security Administration which services
the recipient of the notice and a telephone number through which
such office can be reached.
(t) Same-day personal interviews at field offices in cases where
time is of essence
In any case in which an individual visits a field office of the
Social Security Administration and represents during the visit to
an officer or employee of the Social Security Administration in the
office that the individual's visit is occasioned by -
(1) the receipt of a notice from the Social Security
Administration indicating a time limit for response by the
individual, or
(2) the theft, loss, or nonreceipt of a benefit payment under
this subchapter,

the Commissioner of Social Security shall ensure that the
individual is granted a face-to-face interview at the office with
an officer or employee of the Social Security Administration before
the close of business on the day of the visit.
(u) Redetermination of entitlement
(1)(A) The Commissioner of Social Security shall immediately
redetermine the entitlement of individuals to monthly insurance
benefits under this subchapter if there is reason to believe that
fraud or similar fault was involved in the application of the
individual for such benefits, unless a United States attorney, or
equivalent State prosecutor, with jurisdiction over potential or
actual related criminal cases, certifies, in writing, that there is
a substantial risk that such action by the Commissioner of Social
Security with regard to beneficiaries in a particular investigation
would jeopardize the criminal prosecution of a person involved in a
suspected fraud.
(B) When redetermining the entitlement, or making an initial
determination of entitlement, of an individual under this
subchapter, the Commissioner of Social Security shall disregard any
evidence if there is reason to believe that fraud or similar fault
was involved in the providing of such evidence.
(2) For purposes of paragraph (1), similar fault is involved with
respect to a determination if -
(A) an incorrect or incomplete statement that is material to
the determination is knowingly made; or
(B) information that is material to the determination is
knowingly concealed.

(3) If, after redetermining pursuant to this subsection the
entitlement of an individual to monthly insurance benefits, the
Commissioner of Social Security determines that there is
insufficient evidence to support such entitlement, the Commissioner
of Social Security may terminate such entitlement and may treat
benefits paid on the basis of such insufficient evidence as
overpayments.

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 205, 49 Stat. 624; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; June 25,
1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107; Aug. 28, 1950, ch. 809, title I, Secs.
101(b)(2), 108(a)-(c), 109(b), 64 Stat. 488, 518, 523; July 18,
1952, ch. 945, Sec. 5(b), 66 Stat. 775; Sept. 1, 1954, ch. 1206,
title I, Sec. 101(a)(5), (c)(3), 68 Stat. 1052, 1054; Aug. 1, 1956,
ch. 836, title I, Secs. 107(b), 111(a), 117, 70 Stat. 829, 831,
834; Aug. 1, 1956, ch. 837, title IV, Sec. 402(b), 70 Stat. 871;
Pub. L. 86-507, Sec. 1(35), June 11, 1960, 74 Stat. 202; Pub. L. 86-
778, title I, Secs. 102(f)(2), 103(j)(2)(E), title VII, Sec.
702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87-293,
title II, Sec. 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L. 89-
97, title III, Secs. 308(d)(9), (10), 330, July 30, 1965, 79 Stat.
379, 401; Pub. L. 90-248, title I, Sec. 171(a), Jan. 2, 1968, 81
Stat. 876; Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84
Stat. 930; Pub. L. 92-603, title I, Sec. 137, Oct. 30, 1972, 86
Stat. 1364; Pub. L. 93-445, title III, Secs. 302(a), 303, Oct. 16,
1974, 88 Stat. 1358; Pub. L. 94-202, Sec. 4, Jan. 2, 1976, 89 Stat.
1136; Pub. L. 94-455, title XII, Sec. 1211(b), Oct. 4, 1976, 90
Stat. 1711; Pub. L. 95-216, title III, Sec. 353(f)(2), Dec. 20,
1977, 91 Stat. 1554; Pub. L. 95-600, title VII, Sec. 703(j)(14)(B),
Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96-265, title III, Secs.
305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97-455, Sec.
4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98-21, title III, Secs.
301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117, 130,
137; Pub. L. 98-369, div. B, title VI, Secs. 2661(h), 2663(a)(4),
(j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98-460,
Sec. 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99-509, title IX,
Sec. 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L. 100-
485, title I, Sec. 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L.
100-647, title VIII, Secs. 8008(a), 8009(a), 8015(a)(1),
8016(a)(1), Nov. 10, 1988, 102 Stat. 3783, 3787, 3790, 3792; Pub.
L. 101-239, title X, Secs. 10303(a), 10304, Dec. 19, 1989, 103
Stat. 2482, 2483; Pub. L. 101-508, title V, Secs. 5105(a)(1)(A),
(2)(A)(i), (3)(A)(i), (b)(1)(A), (c)(1), (d)(1)(A), 5107(a)(1),
5109(a)(1), Nov. 5, 1990, 104 Stat. 1388-254, 1388-255, 1388-260,
1388-263, 1388-265, 1388-269, 1388-271; Pub. L. 101-624, title
XVII, Sec. 1735(a), (b), title XXII, Sec. 2201(b), (c), Nov. 28,
1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103-296, title I,
Sec. 107(a)(1), (2), (4), title II, Secs. 201(a)(1)(A), (B), (2)(A)-
(C), 206(a)(1), (d)(1), title III, Secs. 304(a), 316(a), 318,
321(a)(7)-(11), (c)(3), (6)(B), (f)(2)(A), Aug. 15, 1994, 108 Stat.
1477, 1478, 1490-1493, 1509, 1514, 1520, 1531, 1533, 1536, 1538,
1541; Pub. L. 104-121, title I, Sec. 105(a)(2), Mar. 29, 1996, 110
Stat. 852; Pub. L. 104-193, title I, Sec. 108(a)(1), Aug. 22, 1996,
110 Stat. 2164; Pub. L. 105-34, title X, Sec. 1090(b)(1), Aug. 5,
1997, 111 Stat. 962; Pub. L. 106-169, title II, Sec. 251(b)(2),
Dec. 14, 1999, 113 Stat. 1854; Pub. L. 107-90, title I, Sec.
103(i)(3), Dec. 21, 2001, 115 Stat. 882; Pub. L. 107-252, title
III, Sec. 303(a)(5)(C), Oct. 29, 2002, 116 Stat. 1711; Pub. L. 108-
203, title I, Secs. 101(a), 102(a)(1), (b)(1), 103(a), 104(a),
105(a), 106(a), title IV, Sec. 411(a), Mar. 2, 2004, 118 Stat. 495,
497, 498, 500, 503-505, 527; Pub. L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814; Pub. L. 108-458, title VII, Sec. 7214(a), Dec.
17, 2004, 118 Stat. 3832; Pub. L. 109-241, title IX, Sec. 902(n),
July 11, 2006, 120 Stat. 568.)

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REFERENCES IN TEXT
Subsecs. (e) and (q) of section 418 of this title, referred to in
subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and
reports by States, and to time limitation on assessments,
respectively, were repealed, and subsec. (f) of section 418 of this
title was redesignated as subsec. (e), by Pub