42 U.S.C. § 429 — Benefits in case of members of uniformed

Page 2107 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 429 for months after August 1972, see section 201(i) of Pub. L. 92–336, set out as a note under section 415 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–5 applicable with respect to monthly benefits under subchapter II of this chapter for months after December 1970, see section 202(c) of Pub. L. 92–5, set out as a note under section 427 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–172 applicable for months after December 1969, see section 1003(c) of Pub. L. 91–172, set out as a note under section 427 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by section 102(b) of Pub. L. 90–248 appli- cable with respect to monthly benefits under this sub- chapter for months after January 1968, see section 102(c) of Pub. L. 90–248, set out as a note under section 427 of this title. REPEAL OF AMENDMENT OF SUBSECS. (b)(1), (2) AND (c)(3)(A), (B) PRIOR TO EFFECTIVE DATE Pub. L. 92–336, title II, § 202(a)(4), July 1, 1972, 86 Stat. 416, which, effective Jan. 1, 1975, substituted ‘‘the larger of $58.00 or the amount most recently established in lieu thereof under section 415(i) of this title’’ for ‘‘$58.00’’ and ‘‘the larger of $29.00 or the amount most recently established in lieu thereof under section 415(i) of this title’’ for ‘‘$29.00’’, was repealed prior to its ef- fective date by Pub. L. 93–233, § 2(b)(2), Dec. 31, 1973, 87 Stat. 952, applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under sec- tion 402(i) of this title. See section 2(c) of Pub. L. 93–233, set out as an Effective Date of 1973 Amendment note under section 415 of this title. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, set out as notes under section 1801 of Title 48, Terri- tories and Insular Possessions. INCREASES TO TAKE INTO ACCOUNT GENERAL BENEFIT INCREASES Pub. L. 98–21, title III, § 305(e), Apr. 20, 1983, 97 Stat. 113, provided that: ‘‘The Secretary shall increase the amounts specified in section 228 of the Social Security Act [this section], as amended by this section, to take into account any general benefit increases (as referred to in section 215(i)(3) of such Act [42 U.S.C. 415(i)(3)]), and any increases under section 215(i) of such Act, which have occurred after June 1974 or may hereafter occur.’’ SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975 Special payment of $50 as soon as practicable after Mar. 29, 1975, by Secretary of the Treasury to each indi- vidual who, for month of March 1975, was entitled to a monthly insurance benefit payable under this sub- chapter, see section 702 of Pub. L. 94–12, set out as a note under section 402 of this title. APPLICATIONS FOR TRANSITIONAL COVERAGE OF UNIN- SURED INDIVIDUALS FOR HOSPITAL INSURANCE BENE- FITS Pub. L. 89–368, title III, § 302(b), Mar. 15, 1966, 80 Stat. 70, provided that: ‘‘For purposes of paragraph (4) of sec- tion 228(a) of the Social Security Act [42 U.S.C. 428(a)(4)] (added by subsection (a) of this section), an application filed under section 103 of the Social Secu- rity Amendments of 1965 [set out as a note under sec- tion 426 of this title] before July 1966 shall be regarded as an application under such section 228 [42 U.S.C. 428] and shall, for purposes of such paragraph and of the last sentence of such section 228(a), be deemed to have been filed in July 1966, unless the person by whom or on whose behalf such application was filed notifies the Secretary that he does not want such application so re- garded.’’ § 429. Benefits in case of members of uniformed services For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this subchapter on the basis of the wages and self-employment income of any individual, and for purposes of section 416(i)(3) of this title, such individual, if he was paid wages for service as a member of a uniformed service (as defined in section 410(m) of this title) which was in- cluded in the term ‘‘employment’’ as defined in section 410(a) of this title as a result of the pro- visions of section 410(l)(1)(A) of this title, shall be deemed to have been paid— (1) in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and (2) in each calendar year occurring after 1977 and before 2002 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of addi- tional wages for any calendar year. (Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, Jan. 2, 1968, 81 Stat. 833; amended Pub. L. 92–603, title I, § 120(a), Oct. 30, 1972, 86 Stat. 1352; Pub. L. 95–216, title III, § 353(d), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 98–21, title I, § 151(b)(1), Apr. 20, 1983, 97 Stat. 104; Pub. L. 98–369, div. B, title VI, § 2661(n), July 18, 1984, 98 Stat. 1158; Pub. L. 100–203, title IX, § 9001(c), Dec. 22, 1987, 101 Stat. 1330–286; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(J), Aug. 15, 1994, 108 Stat. 1478, 1538; Pub. L. 108–203, title IV, § 420(b), Mar. 2, 2004, 118 Stat. 535.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–203, § 420(b)(1), struck out subsec. (a) designation before ‘‘For purposes of’’ and struck out subsec. (b), which authorized to be appropriated to each of the Trust Funds, for transfer on July 1 of each cal- endar year to such Fund, an amount equal to the total of the additional amounts which would be appropriated to such Fund for the fiscal year ending Sept. 30 of such calendar year under section 401 or 1395i of this title if the amounts of the additional wages deemed to have been paid for such calendar year constituted remunera- tion for employment for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 and set forth provisions relating to determina- tion of amounts authorized to be appropriated and ad- justments to such amounts. Par. (2). Pub. L. 108–203, § 420(b)(2), inserted ‘‘and be- fore 2002’’ after ‘‘1977’’. 1994—Subsec. (b). Pub. L. 103–296, § 321(c)(6)(J), sub- stituted ‘‘1986’’ for ‘‘1954’’ after ‘‘Code of’’ in two places. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in two places. 1987—Subsec. (a). Pub. L. 100–203 substituted ‘‘section 410(l)(1)(A)’’ for ‘‘section 410(l)’’. Page 2108 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 429 1984—Subsec. (b). Pub. L. 98–369 inserted at end ‘‘Ad- ditional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security Amend- ments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appro- priate data, determines should have been so trans- ferred.’’ 1983—Subsec. (b). Pub. L. 98–21 amended subsec. (b) generally, substituting provisions relating to author- ization of appropriations to each of the Trust Funds for transfer on July 1 of each calendar year for provision that had authorized appropriations to the Federal Old- Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hos- pital Insurance Trust Fund annually, as benefits under this subchapter and part A of subchapter XVIII of this chapter were paid after December 1967, such sums as the Secretary determined to be necessary to meet (1) the additional costs, resulting from subsec. (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting there- from, and (3) any loss in interest to such trust funds re- sulting from the payment of such amounts, and that such additional costs would be determined after any in- creases in such benefits arising from the application of section 417 of this title had been made. 1977—Subsec. (a). Pub. L. 95–216 substituted provi- sions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter oc- curring after 1956 and before 1978 and provisions relat- ing to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1977, for provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956. 1972—Subsec. (a). Pub. L. 92–603 substituted ‘‘Decem- ber 1972’’ for ‘‘December 1967’’ and ‘‘after 1956’’ for ‘‘after 1967’’ and struck out provisions limiting the wages deemed to have been paid an individual in addi- tion to the wages actually paid him for his service to $100 if the wages actually paid to him in a quarter were $100 or less or to $200 if the wages actually paid to him in a quarter were more than $100 but not more than $200. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 107(a)(4) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–203 applicable with re- spect to remuneration paid after Dec. 31, 1987, see sec- tion 9001(d) of Pub. L. 100–203, set out as a note under section 3121 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective as though in- cluded in the enactment of the Social Security Amend- ments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–21, title I, § 151(b)(2), Apr. 20, 1983, 97 Stat. 104, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall be effective with respect to wages deemed to have been paid for calendar years after 1983.’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–216 effective Jan. 1, 1978, see section 353(g) of Pub. L. 95–216, set out as a note under section 418 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title I, § 120(b), Oct. 30, 1972, 86 Stat. 1352, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after De- cember 1972 and with respect to lump-sum death pay- ments under such title in the case of deaths occurring after December 1972 except that, in the case of any indi- vidual who is entitled, on the basis of the wages and self-employment income of any individual to whom sec- tion 229 of such Act [42 U.S.C. 429] applies, to monthly benefits under title II of such Act for the month in which this Act is enacted [October 1972], such amend- ments shall apply (1) only if a written request for a re- calculation of such benefits (by reason of such amend- ments) under the provisions of section 215(b) and (d) of such Act [42 U.S.C. 415(b), (d)], as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment in- come, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out the provisions of this section shall be made notwithstanding the provi- sions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputa- tion for purposes of section 215(f) of such Act.’’ PAYMENT OF WAGES AFTER 2001 Pub. L. 107–117, div. A, title VIII, § 8134, Jan. 10, 2002, 115 Stat. 2278, provided that: ‘‘Notwithstanding section 229(a) of the Social Security Act [42 U.S.C. 429(a)], no wages shall be deemed to have been paid to any indi- vidual pursuant to that section in any calendar year after 2001.’’ COMPENSATORY PAYMENTS TO TRUST FUNDS Pub. L. 98–21, title I, § 151(b)(3), Apr. 20, 1983, 97 Stat. 104, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(A) Within thirty days after the date of the enact- ment of this Act [Apr. 20, 1983], the Secretary of Health and Human Services shall determine the additional amounts which would have been appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund under sections 201 and 1817 of the Social Security Act [42 U.S.C. 401, 1395i] if the additional wages deemed to have been paid under section 229(a) of the Social Security Act [42 U.S.C. 429(a)] prior to 1984 had constituted remunera- tion for employment (as defined in section 3121(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(b)]) for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [26 U.S.C. 3101, 3111], and the amount of interest which would have been earned on such amounts if they had been so appropriated. ‘‘(B)(i) Within thirty days after the date of the enact- ment of this Act [Apr. 20, 1983], the Secretary of the Treasury shall transfer to each such Trust Fund, from amounts in the general fund of the Treasury not other- wise appropriated, an amount equal to the amount de- termined with respect to such Trust Fund under sub- paragraph (A), less any amount appropriated to such Trust Fund pursuant to the provisions of section 229(b) of the Social Security Act [42 U.S.C. 429(b)] prior to the date of the determination made under subparagraph (A) with respect to wages deemed to have been paid for cal- endar years prior to 1984. ‘‘(ii) The Secretary of Health and Human Services shall revise the amount determined under clause (i) with respect to each such Trust Fund within one year after the date of the transfer made to such Trust Fund under clause (i), as determined appropriate by such Secretary from data which becomes available to him Page 2109 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 430 after the date of the transfer under clause (i). Within 30 days after any such revision, the Secretary of the Treasury shall transfer to such Trust Fund, from amounts in the general fund of the Treasury not other- wise appropriated, or from such Trust Fund to the gen- eral fund of the Treasury, such amounts as the Sec- retary of Health and Human Services certifies as nec- essary to take into account such revision.’’ § 430. Adjustment of contribution and benefit base (a) Determination and publication by Commis- sioner in Federal Register subsequent to cost-of-living benefit increase; effective date Whenever the Commissioner of Social Secu- rity pursuant to section 415(i) of this title in- creases benefits effective with the December fol- lowing a cost-of-living computation quarter, the Commissioner shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter oc- curs the contribution and benefit base deter- mined under subsection (b) or (c) which shall be effective with respect to remuneration paid after the calendar year in which such quarter occurs and taxable years beginning after such year. (b) Determination of amount The amount of such contribution and benefit base shall (subject to subsection (c)) be the amount of the contribution and benefit base in effect in the year in which the determination is made or, if larger, the product of— (1) $60,600, and (2) the ratio of (A) the national average wage index (as defined in section 409(k)(1) of this title) for the calendar year before the calendar year in which the determination under sub- section (a) is made to (B) the national average wage index (as so defined) for 1992, with such product, if not a multiple of $300, being rounded to the next higher multiple of $300 where such product is a multiple of $150 but not of $300 and to the nearest multiple of $300 in any other case. (c) Amount of base for period prior to initial cost-of-living benefit increase For purposes of this section, and for purposes of determining wages and self-employment in- come under sections 409, 411, 413, and 415 of this title and sections 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986, (1) the ‘‘contribution and benefit base’’ with respect to remuneration paid in (and taxable years begin- ning in) any calendar year after 1973 and prior to the calendar year with the June of which the first increase in benefits pursuant to section 415(i) of this title becomes effective shall be $13,200 or (if applicable) such other amount as may be specified in a law enacted subsequent to the law which added this section, and (2) the ‘‘contribution and benefit base’’ with respect to remuneration paid (and taxable years begin- ning)— (A) in 1978 shall be $17,700, (B) in 1979 shall be $22,900, (C) in 1980 shall be $25,900, and (D) in 1981 shall be $29,700. For purposes of determining under subsection (b) the ‘‘contribution and benefit base’’ with re- spect to remuneration paid (and taxable years beginning) in 1982 and subsequent years, the dol- lar amounts specified in clause (2) of the pre- ceding sentence shall be considered to have re- sulted from the application of such subsection (b) and to be the amount determined (with re- spect to the years involved) under that sub- section. (d) Determinations for calendar years after 1976 for purposes of retirement benefit plans Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 1976 for purposes of section 1322(b)(3)(B) of title 29, with respect to any plan, shall be the con- tribution and benefit base that would have been determined for such year if this section as in ef- fect immediately prior to the enactment of the Social Security Amendments of 1977 had re- mained in effect without change (except that, for purposes of subsection (b) of such section 430 of this title as so in effect, the reference to the contribution and benefit base in paragraph (1) of such subsection (b) shall be deemed a reference to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the aver- age of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the national average wage index (as defined in section 409(k)(1) of this title), the ref- erence to a preceding calendar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the cal- endar year in which the determination under subsection (a) of such section 430 of this title is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992). (Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), July 1, 1972, 86 Stat. 416; amended Pub. L. 92–603, title I, § 144(a)(4), Oct. 30, 1972, 86 Stat. 1370; Pub. L. 93–66, title II, § 203(c), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, §§ 3(j), 5(c), Dec. 31, 1973, 87 Stat. 952, 954; Pub. L. 94–202, § 8(h), Jan. 2, 1976, 89 Stat. 1139; Pub. L. 95–216, title I, § 103(a)–(c)(1), title III, § 353(e), Dec. 20, 1977, 91 Stat. 1513, 1514, 1554; Pub. L. 97–34, title VII, § 741(d)(1), Aug. 13, 1981, 95 Stat. 347; Pub. L. 98–21, title I, § 111(a)(5), Apr. 20, 1983, 97 Stat. 72; Pub. L. 98–76, title II, §§ 211(d), 225(a)(4), Aug. 12, 1983, 97 Stat. 419, 425; Pub. L. 98–369, div. B, title VI, § 2663(a)(18), July 18, 1984, 98 Stat. 1165; Pub. L. 101–239, title X, § 10208(b)(1)(A), (B), (5), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(b)(2), (c)(6)(K), (g)(1)(A), (B), Aug. 15, 1994, 108 Stat. 1478, 1537, 1538, 1542.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (c), is classified generally to Title 26, Internal Rev- enue Code. ‘‘Subsequent to the law which added this section’’, re- ferred to in subsec. (c), means subsequent to the enact- ment of Pub. L. 92–336, which was approved July 1, 1972. The enactment of the Social Security Amendments of 1977, referred to in subsec. (d), means the enactment of Pub. L. 95–216, which was approved Dec. 20, 1977.