(1) Except as provided in subdivision (2), the term “employment” as defined in section 216 of the Social Security Act [[42 U.S.C. 416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim)] shall not include service performed by an individual as an employee as defined in [section 231(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/b&num=0&edition=prelim).
(2) For the purpose of determining (i) monthly insurance benefits under the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.] to an employee who will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lump-sum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) or (B) will have completed ten or more years of service (or five or more years of service, all of which accrues after December 31, 1995) but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 and section 216(i) of that Act [[42 U.S.C. 403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403&num=0&edition=prelim), 416(i)], section 210(a)(9) of the Social Security Act [[42 U.S.C. 410(a)(9)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a/9&num=0&edition=prelim)] and subdivision (1) of this section sh
File SHA-256: 3a4128889f559860935c192b22d73da3b374000b3e8a5b39ef1bbe6fd87a4ee1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_ab2e0695b3ae13c033612951 Source file: Laws/federal/codes/united-states-code/title-45/section-231q-crediting-service-under-social-security-act--86b6a64d16.md Pages: Not recorded – Not recorded Passage SHA-256: 1a07757b67db2018d9f6ccb80d4bf090be772a29eae69221e551c2a1be950dab Retained source evidence SHA-256: 3a4128889f559860935c192b22d73da3b374000b3e8a5b39ef1bbe6fd87a4ee1
Source location: Title 45, Chapter 9, § 231q; chapter-009-retirement-of-railroad-employees.md
Stored source content
(1) Except as provided in subdivision (2), the term “employment” as defined in section 216 of the Social Security Act [[42 U.S.C. 416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim)] shall not include service performed by an individual as an employee as defined in [section 231(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/b&num=0&edition=prelim).
(2) For the purpose of determining (i) monthly insurance benefits under the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.] to an employee who will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lump-sum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) or (B) will have completed ten or more years of service (or five or more years of service, all of which accrues after December 31, 1995) but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 and section 216(i) of that Act [[42 U.S.C. 403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403&num=0&edition=prelim), 416(i)], section 210(a)(9) of the Social Security Act [[42 U.S.C. 410(a)(9)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a/9&num=0&edition=prelim)] and subdivision (1) of this section shall not operate to exclude from “employment” under the Social Security Act service which would otherwise be included in such “employment” but for such sections. For such purpose, compensation paid in a calendar year 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 will have been in service as an employee. In the application of the Social Security Act pursuant to this subdivision to service as an employee, all service as defined in [section 231(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/d&num=0&edition=prelim) shall be deemed to have been performed within the United States.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 301. Authorization of appropriations
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 suffi-
cient to carry out the purposes of this sub-
chapter. 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.
(Aug. 14, 1935, ch. 531, title I, § 1, 49 Stat. 620;
Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(a), 64
Stat. 558; Aug. 1, 1956, ch. 836, title III, § 311(a), 70
Stat. 848; Pub. L. 86–778, title VI, § 601(b), Sept.
13, 1960, 74 Stat. 987; Pub. L. 87–543, title I,
§ 104(c)(1), July 25, 1962, 76 Stat. 185; Pub. L.
96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695;
Pub. L. 97–35, title XXI, § 2184(a)(2), Aug. 13, 1981,
95 Stat. 816.)
REPEAL OF SECTION
Pub. L. 92–603, title III, § 303(a), (b), Oct. 30,
1972, 86 Stat. 1484, provided that this section is
repealed effective Jan. 1, 1974, except with re-
spect to Puerto Rico, Guam, and the Virgin Is-
lands.
Editorial Notes
AMENDMENTS
1981—Pub. L. 97–35 substituted ‘‘purpose of enabling’’
for ‘‘purpose (a) of enabling’’, struck out provisions des-
Page 1790
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 302
ignated as cls. (b) and (c) which authorized appropria-
tions for the purpose of enabling each State to furnish
medical assistance to aged individuals who are not re-
cipients of old-age assistance but whose income and re-
sources are insufficient to meet the cost of necessary
medical care and of encouraging each State
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), 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) F
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 403. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 403. Reduction of insurance benefits
(a) Maximum benefits
(1) In the case of an individual whose primary
insurance amount has been computed or recom-
puted 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 sec-
tion 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 re-
duced 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 re-
spect to this subparagraph by paragraph (2),
(B) 272 percent of such individual’s primary
insurance amount to the extent that it ex-
ceeds the amount established with respect to
subparagraph (A) but does not exceed the
amount established with respect to this sub-
paragraph by paragraph (2),
(C) 134 percent of such individual’s primary
insurance amount to the extent that it ex-
ceeds the amount established with respect to
subparagraph (B) but does not exceed the
amount established with respect to this sub-
paragraph by paragraph (2), and
(D) 175 percent of such individual’s primary
insurance amount to the extent that it ex-
ceeds 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 el-
igible for old-age or disability insurance bene-
fits, or who die (before becoming so eligible for
such benefi
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 403. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include—
(1) Service performed by foreign agricultural workers lawfully admitted to the United States fro
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 410. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 410. Definitions relating to employment
For the purposes of this subchapter—
(a) Employment
The term ‘‘employment’’ means any service
performed after 1936 and prior to 1951 which was
employment for the purposes of this subchapter
under the law applicable to the period in which
such service was performed, and any service, of
whatever nature, performed after 1950 (A) by an
employee for the person employing him, irre-
spective of the citizenship or residence of either,
(i) within the United States, or (ii) on or in con-
nection with an American vessel or American
aircraft under a contract of service which is en-
tered into within the United States or during
the performance of which and while the em-
ployee is employed on the vessel or aircraft it
touches at a port in the United States, if the
employee is employed on and in connection with
such vessel or aircraft when outside the United
States, or (B) outside the United States by a cit-
izen or resident of the United States as an em-
ployee (i) of an American employer (as defined
in subsection (e) of this section), or (ii) of a for-
eign affiliate (as defined in section 3121(l)(6) of
the Internal Revenue Code of 1986) of an Amer-
ican employer during any period for which there
is in effect an agreement, entered into pursuant
to section 3121(l) of such Code, with respect to
such affiliate, or (C) if it is service, regardless of
where or by whom performed, which is des-
ignated as employment or recognized as equiva-
Page 1958
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 410
lent to employment under an agreement entered
into under section 433 of this title; except that,
in the case of service performed after 1950, such
term shall not include—
(1) Service performed by foreign agricultural
workers lawful
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 410. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Spouse; surviving spouse**
(1) The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).
(2) The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g).
**(b) Wife** The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to [section 402(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/s&num=0&edition=prelim)), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under [section 231a of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a&num=0&edition=prelim). For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 416. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 416. Additional definitions
For the purposes of this subchapter—
(a) Spouse; surviving spouse
(1) The term ‘‘spouse’’ means a wife as defined
in subsection (b) or a husband as defined in sub-
section (f).
(2) The term ‘‘surviving spouse’’ means a
widow as defined in subsection (c) or a widower
as defined in subsection (g).
(b) Wife
The term ‘‘wife’’ means the wife of an indi-
vidual, but only if she (1) is the mother of his
son or daughter, (2) was married to him for a pe-
riod of not less than one year immediately pre-
Page 2022
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 416
ceding the day on which her application is filed,
or (3) in the month prior to the month of her
marriage to him (A) was entitled to, or on appli-
cation therefor and attainment of age 62 in such
prior month would have been entitled to, bene-
fits under subsection (b), (e), or (h) of section 402
of this title, (B) had attained age eighteen and
was entitled to, or on application therefor would
have been entitled to, benefits under subsection
(d) of such section (subject, however, to section
402(s) of this title), or (C) was entitled to, or
upon application therefor and attainment of the
required age (if any) would have been entitled
to, a widow’s, child’s (after attainment of age
18), or parent’s insurance annuity under section
231a of title 45. For purposes of clause (2), a wife
shall be deemed to have been married to an indi-
vidual for a period of one year throughout the
month in which occurs the first anniversary of
her marriage to such individual. For purposes of
subparagraph (C) of section 402(b)(1) of this title,
a divorced wife shall be deemed not to be mar-
ried throughout the month in which she be-
comes divorced.
(c) Widow
(1) The term ‘‘widow’’ (except when
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 416. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 231q. Crediting service under Social Security
Act
(1) Except as provided in subdivision (2), the
term ‘‘employment’’ as defined in section 216 of
the Social Security Act [42 U.S.C. 416] shall not
include service performed by an individual as an
employee as defined in section 231(b) of this
title.
(2) For the purpose of determining (i) monthly
insurance benefits under the Social Security Act
[42 U.S.C. 301 et seq.] to an employee who will
have completed less than ten years of service (or
less than five years of service, all of which ac-
crues after December 31, 1995) and to others de-
riving from him or her during his or her life and
(ii) monthly insurance benefits and lump-sum
death benefits under such Act with respect to
the death of an employee who (A) will have com-
pleted less than ten years of service (or less than
five years of service, all of which accrues after
December 31, 1995) or (B) will have completed
ten or more years of service (or five or more
years of service, all of which accrues after De-
cember 31, 1995) but will not have had a current
connection with the railroad industry at the
time of his death, and for the purposes of section
203 and section 216(i) of that Act [42 U.S.C. 403,
416(i)], section 210(a)(9) of the Social Security
Act [42 U.S.C. 410(a)(9)] and subdivision (1) of
this section shall not operate to exclude from
‘‘employment’’ under the Social Security Act
service which would otherwise be included in
such ‘‘employment’’ but for such sections. For
such purpose, compensation paid in a calendar
year shall, in the absence of evidence to the con-
trary, be presumed to have been paid in equal
proportions with respect to all months in the
year in which the employee will have been in
service as an employee. In t