42 U.S.C. § 415 — Computation of primary insurance amount

Page 1991 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 223(c)(1)(A), and 216(i)(3)(A) of the Social Security Act shall be deemed to read ‘63’.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–64, title I, § 103(b), June 30, 1961, 75 Stat. 137, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply— ‘‘(1) in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning on or after the effective date of this title [see note set out under section 402 of this title], based on applications filed in or after March 1961, ‘‘(2) in the case of lump-sum death payments under such title with respect to deaths on or after the effec- tive date of this title, and ‘‘(3) in the case of an application for a disability de- termination (with respect to a period of disability, as defined in section 216(i) of such Act [42 U.S.C. 416(i)]) filed in or after March 1961.’’ EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title II, § 204(d)(1), Sept. 13, 1960, 74 Stat. 948, provided that: ‘‘The amendments made by subsections (a) and (b) of this section [amending this section and provisions set out as a note under section 415 of this title] shall be applicable (A) in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], for months after the month in which this Act is enacted [September 1960], on the basis of applications filed in or after such month, (B) in the case of lump-sum death payments under such title with respect to deaths occurring after such month, and (C) in the case of an application for a disability deter- mination with respect to a period of disability (as de- fined in section 216(i) of the Social Security Act [42 U.S.C. 416(i)]) filed after such month.’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by section 205(l) of Pub. L. 85–840 applica- ble with respect to monthly benefits under this sub- chapter for months after August 1958, but only if an ap- plication for such benefits is filed on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by section 106(b) of act Sept. 1, 1954, ap- plicable with respect to monthly benefits under sub- chapter II of this chapter for months after June 1955, and with respect to lump-sum death payments under such subchapter in the case of deaths occurring after June 1955; but that no recomputation of benefits by reason of such amendments shall be regarded as a re- computation for purposes of section 415(f) of this title, see section 106(h) of act Sept. 1, 1954, set out as a note under section 413 of this title. EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT For effective and termination dates of amendment by act July 18, 1952, see section 3(f), (g) of act July 18, 1952, set out as a note under section 413 of this title. EMPLOYEES OF NONPROFIT ORGANIZATIONS AS FULLY INSURED INDIVIDUALS Pub. L. 98–21, title I, § 102(e), Apr. 20, 1983, 97 Stat. 71, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(1) If any individual— ‘‘(A) on January 1, 1984, is age 55 or over, and is an employee of an organization described in section 210(a)(8)(B) of the Social Security Act [42 U.S.C. 410(a)(8)(B)] (A) which does not have in effect (on that date) a waiver certificate under section 3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(k)] and (B) to the employees of which social security coverage is extended on January 1, 1984, solely by reason of the enactment of this section [amending section 410 of this title and section 3121 of Title 26, Internal Revenue Code, and enacting provi- sions set out as notes under section 3121 of Title 26], and ‘‘(B) after December 31, 1983, acquires the number of quarters of coverage (within the meaning of section 213 of the Social Security Act [42 U.S.C. 413]) which is required for purposes of this subparagraph under paragraph (2), then such individual shall be deemed to be a fully in- sured individual (as defined in section 214 of the Social Security Act [42 U.S.C. 414]) for all of the purposes of title II of such Act [42 U.S.C. 401 et seq.]. ‘‘(2) The number of quarters of coverage which is re- quired for purposes of subparagraph (B) of paragraph (1) shall be determined as follows: ‘‘In the case of an individual who on January 1, 1984, is— The number of quarters of coverage so required shall be— age 60 or over ..................................... 6 age 59 or over but less than age 60 ..... 8 age 58 or over but less than age 59 ..... 12 age 57 or over but less than age 58 ..... 16 age 55 or over but less than age 57 ..... 20.’’ DETERMINATION OF ENTITLEMENT TO MONTHLY BENE- FITS FOR SEPT. 1960 AND PRIOR MONTHS AND INDIVID- UAL’S CLOSING DATE PRIOR TO 1960 Pub. L. 86–778, title II, § 204(d)(2), Sept. 13, 1960, 74 Stat. 948, provided that the provisions of subsec. (a) of this section in effect prior to Sept. 13, 1960, and the pro- visions of section 109 of act Sept. 1, 1954, ch. 1206, 68 Stat. 1084, set out as a note under section 415 of this title, as in effect prior to such date were to apply for purposes of determining entitlement to monthly bene- fits under this subchapter for Sept. 1960 and prior months with respect to wages and self-employment in- come of an individual and for purposes of determining an individual’s closing date prior to 1960 under section 415(b)(3)(B) of this title. § 415. Computation of primary insurance amount For the purposes of this subchapter— (a) Primary insurance amount (1)(A) The primary insurance amount of an in- dividual shall (except as otherwise provided in this section) be equal to the sum of— (i) 90 percent of the individual’s average in- dexed monthly earnings (determined under subsection (b)) to the extent that such earn- ings do not exceed the amount established for purposes of this clause by subparagraph (B), (ii) 32 percent of the individual’s average in- dexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B), and (iii) 15 percent of the individual’s average in- dexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i). (B)(i) For individuals who initially become eli- gible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 1979, the amount established for purposes of clause (i) and (ii) of Page 1992 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 subparagraph (A) shall be $180 and $1,085, respec- tively. (ii) For individuals who initially become eligi- ble for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 1979, each of the amounts so established shall equal the prod- uct of the corresponding amount established with respect to the calendar year 1979 under clause (i) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as de- fined in section 409(k)(1) of this title) for the second calendar year preceding the calendar year for which the determination is made, by (II) the national average wage index (as so defined) for 1977. (iii) Each amount established under clause (ii) for any calendar year shall be rounded to the nearest $1, except that any amount so estab- lished which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. (C)(i) No primary insurance amount computed under subparagraph (A) may be less than an amount equal to $11.50 multiplied by the individ- ual’s years of coverage in excess of 10, or the in- creased amount determined for purposes of this clause under subsection (i). (ii) For purposes of clause (i), the term ‘‘years of coverage’’ with respect to any individual means the number (not exceeding 30) equal to the sum of (I) the number (not exceeding 14 and disregarding any fraction) determined by divid- ing (a) the total of the wages credited to such individual (including wages deemed to be paid prior to 1951 to such individual under section 417 of this title, compensation under the Railroad Retirement Act of 1937 [45 U.S.C. 228a et seq.] prior to 1951 which is creditable to such indi- vidual pursuant to this subchapter, and wages deemed to be paid prior to 1951 to such indi- vidual under section 431 of this title) for years after 1936 and before 1951 by (b) $900, plus (II) the number equal to the number of years after 1950 each of which is a computation base year (with- in the meaning of subsection (b)(2)(B)(ii)) and in each of which he is credited with wages (includ- ing wages deemed to be paid to such individual under section 417 of this title, compensation under the Railroad Retirement Act of 1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which is creditable to such individual pursuant to this subchapter, and wages deemed to be paid to such individual under section 429 of this title) and self-employment income of not less than 25 per- cent (in the case of a year after 1950 and before 1978) of the maximum amount which (pursuant to subsection (e)) may be counted for such year, or 25 percent (in the case of a year after 1977 and before 1991) or 15 percent (in the case of a year after 1990) of the maximum amount which (pur- suant to subsection (e)) could be counted for such year if section 430 of this title as in effect immediately prior to December 20, 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). (D) In each calendar year the Commissioner of Social Security shall publish in the Federal Reg- ister, on or before November 1, the formula for computing benefits under this paragraph and for adjusting wages and self-employment income under subsection (b)(3) in the case of an indi- vidual who becomes eligible for an old-age insur- ance benefit, or (if earlier) becomes eligible for a disability insurance benefit or dies, in the fol- lowing year, and the national average wage index (as defined in section 409(k)(1) of this title) on which that formula is based. (2)(A) A year shall not be counted as the year of an individual’s death or eligibility for pur- poses of this subsection or subsection (i) in any case where such individual was entitled to a dis- ability 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 eli- gibility for the disability insurance benefit or benefits to which he was entitled during such 12 months). (B) In the case of an individual who was enti- tled to a disability insurance benefit for any of the 12 months before the month in which he be- came entitled to an old-age insurance benefit, became reentitled to a disability insurance ben- efit, or died, the primary insurance amount for determining any benefit attributable to that en- titlement, reentitlement, or death is the greater of— (i) the primary insurance amount upon which such disability insurance benefit was based, increased by the amount of each gen- eral benefit increase (as defined in subsection (i)(3)), and each increase provided under sub- section (i)(2), that would have applied to such primary insurance amount had the individual remained entitled to such disability insurance benefit until the month in which he became so entitled or reentitled or died, or (ii) the amount computed under paragraph (1)(C). (C) In the case of an individual who was enti- tled to a disability insurance benefit for any month, and with respect to whom a primary in- surance amount is required to be computed at any time after the close of the period of the in- dividual’s disability (whether because of such in- dividual’s subsequent entitlement to old-age in- surance benefits or to a disability insurance benefit based upon a subsequent period of dis- ability, or because of such individual’s death), the primary insurance amount so computed may in no case be less than the primary insurance amount with respect to which such former dis- ability insurance benefit was most recently de- termined. Page 1993 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 (3)(A) Paragraph (1) applies only to an indi- vidual who was not eligible for an old-age insur- ance benefit prior to January 1979 and who in that or any succeeding month— (i) becomes eligible for such a benefit, (ii) becomes eligible for a disability insur- ance benefit, or (iii) dies, and (except for subparagraph (C)(i) thereof) it applies to every such individual except to the extent otherwise provided by paragraph (4). (B) For purposes of this subchapter, an indi- vidual is deemed to be eligible— (i) for old-age insurance benefits, for months beginning with the month in which he attains age 62, or (ii) for disability insurance benefits, for months beginning with the month in which his period of disability began as provided under section 416(i)(2)(C) of this title, except as provided in paragraph (2)(A) in cases where fewer than 12 months have elapsed since the termination of a prior period of disability. (4) Paragraph (1) (except for subparagraph (C)(i) thereof) does not apply to the computation or recomputation of a primary insurance amount for— (A) an individual who was eligible for a dis- ability insurance benefit for a month prior to January 1979 unless, prior to the month in which occurs the event described in clause (i), (ii), or (iii) of paragraph (3)(A), there occurs a period of at least 12 consecutive months for which he was not entitled to a disability insur- ance benefit, or (B) an individual who had wages or self-em- ployment income credited for one or more years prior to 1979, and who was not eligible for an old-age or disability insurance benefit, and did not die, prior to January 1979, if in the year for which the computation or recomputa- tion would be made the individual’s primary insurance amount would be greater if com- puted or recomputed— (i) under this subsection as in effect in De- cember 1978, for purposes of old-age insur- ance benefits in the case of an individual who becomes eligible for such benefits prior to 1984, or (ii) as provided by subsection (d), in the case of an individual to whom such section applies. In determining whether an individual’s primary insurance amount would be greater if computed or recomputed as provided in subparagraph (B), (I) the table of benefits in effect in December 1978, as modified by paragraph (6), shall be ap- plied without regard to any increases in that table which may become effective (in accord- ance with subsection (i)(4)) for years after 1978 (subject to clause (iii) of subsection (i)(2)(A)) and (II) such individual’s average monthly wage shall be computed as provided by subsection (b)(4). (5)(A) Subject to subparagraphs (B), (C), (D) and (E), for purposes of computing the primary insurance amount (after December 1978) of an in- dividual to whom paragraph (1) does not apply (other than an individual described in paragraph (4)(B)), this section as in effect in December 1978 shall remain in effect, except that, effective for January 1979, the dollar amount specified in paragraph (3) of this subsection shall be in- creased to $11.50. (B)(i) Subject to clauses (ii), (iii), and (iv), and notwithstanding any other provision of law, the primary insurance amount of any individual de- scribed in subparagraph (C) shall be, in lieu of the primary insurance amount as computed pur- suant to any of the provisions referred to in sub- paragraph (D), the primary insurance amount computed under subsection (a) of this section as in effect in December 1978, without regard to subsections (b)(4) and (c) of this section as so in effect. (ii) The computation of a primary insurance amount under this subparagraph shall be subject to section 104(j)(2) of the Social Security Amendments of 1972 (relating to the number of elapsed years under subsection (b)). (iii) In computing a primary insurance amount under this subparagraph, the dollar amount specified in paragraph (3) of subsection (a) (as in effect in December 1978) shall be increased to $11.50. (iv) In the case of an individual to whom sub- section (d) applies, the primary insurance amount of such individual shall be the greater of— (I) the primary insurance amount computed under the preceding clauses of this subpara- graph, or (II) the primary insurance amount computed under subsection (d). (C) An individual is described in this subpara- graph if— (i) paragraph (1) does not apply to such indi- vidual by reason of such individual’s eligi- bility for an old-age or disability insurance benefit, or the individual’s death, prior to 1979, and (ii) such individual’s primary insurance amount computed under this section as in ef- fect immediately before November 5, 1990, would have been computed under the provi- sions described in subparagraph (D). (D) The provisions described in this subpara- graph are— (i) the provisions of this subsection as in ef- fect prior to July 30, 1965, if such provisions would preclude the use of wages prior to 1951 in the computation of the primary insurance amount, (ii) the provisions of section 409 of this title as in effect prior to August 28, 1950, and (iii) the provisions of subsection (d) as in ef- fect prior to December 20, 1977. (E) For purposes of this paragraph, the table for determining primary insurance amounts and maximum family benefits contained in this sec- tion in December 1978 shall be revised as pro- vided by subsection (i) for each year after 1978. (6)(A) In applying the table of benefits in ef- fect in December 1978 under this section for pur- poses of the last sentence of paragraph (4), such table, revised as provided by subsection (i), as applicable, shall be extended for average month- ly wages of less than $76.00 and primary insur- ance benefits (as determined under subsection (d)) of less than $16.20. Page 1994 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 (B) The Commissioner of Social Security shall determine and promulgate in regulations the methodology for extending the table under sub- paragraph (A). (b) Average indexed monthly earnings; average monthly wage (1) An individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (A) the total (after adjustment under para- graph (3)) of his wages paid in and self-employ- ment income credited to his benefit computa- tion years (determined under paragraph (2)), by (B) the number of months in those years. (2)(A) The number of an individual’s benefit computation years equals the number of elapsed years reduced— (i) in the case of an individual who is enti- tled to old-age insurance benefits (except as provided in the second sentence of this sub- paragraph), or who has died, by 5 years, and (ii) in the case of an individual who is enti- tled to disability insurance benefits, by the number of years equal to one-fifth of such in- dividual’s elapsed years (disregarding any re- sulting fractional part of a year), but not by more than 5 years. Clause (ii), once applicable with respect to any individual, shall continue to apply for purposes of determining such individual’s primary insur- ance amount for purposes of any subsequent eli- gibility for disability or old-age insurance bene- fits unless prior to the month in which such eli- gibility begins there occurs a period of at least 12 consecutive months for which he was not en- titled to a disability or an old-age insurance benefit. If an individual described in clause (ii) is living with a child (of such individual or his or her spouse) under the age of 3 in any calendar year which is included in such individual’s com- putation base years, but which is not dis- regarded pursuant to clause (ii) or to subpara- graph (B) (in determining such individual’s ben- efit computation years) by reason of the reduc- tion in the number of such individual’s elapsed years under clause (ii), the number by which such elapsed years are reduced under this sub- paragraph pursuant to clause (ii) shall be in- creased by one (up to a combined total not ex- ceeding 3) for each such calendar year; except that (I) no calendar year shall be disregarded by reason of this sentence (in determining such in- dividual’s benefit computation years) unless the individual was living with such child substan- tially throughout the period in which the child was alive and under the age of 3 in such year and the individual had no earnings as described in section 403(f)(5) of this title in such year, (II) the particular calendar years to be disregarded under this sentence (in determining such benefit computation years) shall be those years (not otherwise disregarded under clause (ii)) which, before the application of subsection (f), meet the conditions of subclause (I), and (III) this sen- tence shall apply only to the extent that its ap- plication would not result in a lower primary in- surance amount. The number of an individual’s benefit computation years as determined under this subparagraph shall in no case be less than 2. (B) For purposes of this subsection with re- spect to any individual— (i) the term ‘‘benefit computation years’’ means those computation base years, equal in number to the number determined under sub- paragraph (A), for which the total of such indi- vidual’s wages and self-employment income, after adjustment under paragraph (3), is the largest; (ii) the term ‘‘computation base years’’ means the calendar years after 1950 and be- fore— (I) in the case of an individual entitled to old-age insurance benefits, the year in which occurred (whether by reason of section 402(j)(1) of this title or otherwise) the first month of that entitlement; or (II) in the case of an individual who has died (without having become entitled to old- age insurance benefits), the year succeeding the year of his death; except that such term excludes any calendar year entirely included in a period of disability; and (iii) the term ‘‘number of elapsed years’’ means (except as otherwise provided by sec- tion 104(j)(2) of the Social Security Amend- ments of 1972) the number of calendar years after 1950 (or, if later, the year in which the in- dividual attained age 21) and before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term ex- cludes any calendar year any part of which is included in a period of disability. (3)(A) Except as provided by subparagraph (B), the wages paid in and self-employment income credited to each of an individual’s computation base years for purposes of the selection there- from of benefit computation years under para- graph (2) shall be deemed to be equal to the product of— (i) the wages and self-employment income paid in or credited to such year (as determined without regard to this subparagraph), and (ii) the quotient obtained by dividing— (I) the national average wage index (as de- fined in section 409(k)(1) of this title) for the second calendar year preceding the earliest of the year of the individual’s death, eligi- bility for an old-age insurance benefit, or eligibility for a disability insurance benefit (except that the year in which the individual dies, or becomes eligible, shall not be consid- ered as such year if the individual was enti- tled to disability insurance benefits for any month in the 12-month period immediately preceding such death or eligibility, but there shall be counted instead the year of the indi- vidual’s eligibility for the disability insur- ance benefit to which he was entitled in such 12-month period), by (II) the national average wage index (as so defined) for the computation base year for which the determination is made. (B) Wages paid in or self-employment income credited to an individual’s computation base year which— Page 1995 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 (i) occurs after the second calendar year specified in subparagraph (A)(ii)(I), or (ii) is a year treated under subsection (f)(2)(C) as though it were the last year of the period specified in paragraph (2)(B)(ii), shall be available for use in determining an indi- vidual’s benefit computation years, but without applying subparagraph (A) of this paragraph. (4) For purposes of determining the average monthly wage of an individual whose primary insurance amount is computed (after 1978) under subsection (a) or (d) as in effect (except with re- spect to the table contained therein) in Decem- ber 1978, by reason of subsection (a)(4)(B), this subsection as in effect in December 1978 shall re- main in effect, except that paragraph (2)(C) (as then in effect) shall be deemed to provide that ‘‘computation base years’’ include only calendar years in the period after 1950 (or 1936, if applica- ble) and prior to the year in which occurred the first month for which the individual was eligible (as defined in subsection (a)(3)(B) as in effect in January 1979) for an old-age or disability insur- ance benefit, or, if earlier, the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year for such purposes. (c) Application of prior provisions in certain cases Subject to the amendments made by section 5117 of the Omnibus Budget Reconciliation Act of 1990, this subsection as in effect in December 1978 shall remain in effect with respect to an in- dividual to whom subsection (a)(1) does not apply by reason of the individual’s eligibility for an old-age or disability insurance benefit, or the individual’s death, prior to 1979. (d) Primary insurance amount under 1939 Act (1) For purposes of column I of the table ap- pearing in subsection (a), as that subsection was in effect in December 1977, an individual’s pri- mary insurance benefit shall be computed as fol- lows: (A) The individual’s average monthly wage shall be determined as provided in subsection (b), as in effect in December 1977 (but without regard to paragraph (4) thereof and subject to section 104(j)(2) of the Social Security Amend- ments of 1972), except that for purposes of paragraphs (2)(C) and (3) of that subsection (as so in effect) 1936 shall be used instead of 1950. (B) For purposes of subparagraphs (B) and (C) of subsection (b)(2) (as so in effect)— (i) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual— (I) shall, in the case of an individual who attained age 21 prior to 1950, be divided by the number of years (hereinafter in this subparagraph referred to as the ‘‘divisor’’) elapsing after the year in which the indi- vidual attained age 20, or 1936 if later, and prior to the earlier of the year of death or 1951, except that such divisor shall not in- clude any calendar year entirely included in a period of disability, and in no case shall the divisor be less than one, and (II) shall, in the case of an individual who died before 1950 and before attaining age 21, be divided by the number of years (hereinafter in this subparagraph referred to as the ‘‘divisor’’) elapsing after the sec- ond year prior to the year of death, or 1936 if later, and prior to the year of death, and in no case shall the divisor be less than one; and (ii) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual who either attained age 21 after 1949 or died after 1949 before attaining age 21, shall be divided by the number of years (hereinafter in this subparagraph referred to as the ‘‘divisor’’) elapsing after 1949 and prior to 1951. The quotient so obtained shall be deemed to be the individual’s wages credited to each of the years which were used in computing the amount of the divisor, except that— (iii) if the quotient exceeds $3,000, only $3,000 shall be deemed to be the individual’s wages for each of the years which were used in computing the amount of the divisor, and the remainder of the individual’s total wages prior to 1951 (I) if less than $3,000, shall be deemed credited to the computation base year (as defined in subsection (b)(2) as in ef- fect in December 1977) immediately pre- ceding the earliest year used in computing the amount of the divisor, or (II) if $3,000 or more, shall be deemed credited, in $3,000 in- crements, to the computation base year (as so defined) immediately preceding the ear- liest year used in computing the amount of the divisor and to each of the computation base years (as so defined) consecutively pre- ceding that year, with any remainder less than $3,000 being credited to the computa- tion base year (as so defined) immediately preceding the earliest year to which a full $3,000 increment was credited; and (iv) no more than $42,000 may be taken into account, for purposes of this subpara- graph, as total wages after 1936 and prior to 1951. (C) For the purposes of subparagraph (B), ‘‘total wages prior to 1951’’ with respect to an individual means the sum of (i) remuneration credited to such individual prior to 1951 on the records of the Commissioner of Social Secu- rity, (ii) wages deemed paid prior to 1951 to such individual under section 417 of this title, (iii) compensation under the Railroad Retire- ment Act of 1937 [45 U.S.C. 228a et seq.] prior to 1951 creditable to him pursuant to this sub- chapter, and (iv) wages deemed paid prior to 1951 to such individual under section 431 of this title. (D) The individual’s primary insurance ben- efit shall be 40 percent of the first $50 of his average monthly wage as computed under this subsection, plus 10 percent of the next $200 of his average monthly wage, increased by 1 per- cent for each increment year. The number of increment years is the number, not more than 14 nor less than 4, that is equal to the individ- ual’s total wages prior to 1951 divided by $1,650 (disregarding any fraction). (2) The provisions of this subsection shall be applicable only in the case of an individual— Page 1996 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 (A) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; (B) who attained age 22 after 1950 and with respect to whom less than six of the quarters elapsing after 1950 are quarters of coverage, or who attained such age before 1951; and (C)(i) who becomes entitled to benefits under section 402(a) or 423 of this title or who dies, or (ii) whose primary insurance amount is re- quired to be recomputed under paragraph (2), (6), or (7) of subsection (f) or under section 431 of this title. (e) Certain wages and self-employment income not to be counted For the purposes of subsections (b) and (d)— (1) in computing an individual’s average in- dexed monthly earnings or, in the case of an individual whose primary insurance amount is computed under subsection (a) as in effect prior to January 1979, average monthly wage, there shall not be counted the excess over $3,600 in the case of any calendar year after 1950 and before 1955, the excess over $4,200 in the case of any calendar year after 1954 and be- fore 1959, the excess over $4,800 in the case of any calendar year after 1958 and before 1966, the excess over $6,600 in the case of any cal- endar year after 1965 and before 1968, the ex- cess over $7,800 in the case of any calendar year after 1967 and before 1972, the excess over $9,000 in the case of any calendar year after 1971 and before 1973, the excess over $10,800 in the case of any calendar year after 1972 and be- fore 1974, the excess over $13,200 in the case of any calendar year after 1973 and before 1975, and the excess over an amount equal to the contribution and benefit base (as determined under section 430 of this title) in the case of any calendar year after 1974 with respect to which such contribution and benefit base is ef- fective, (before the application, in the case of average indexed monthly earnings, of sub- section (b)(3)(A)) of (A) the wages paid to him in such year, plus (B) the self-employment in- come credited to such year (as determined under section 412 of this title); and (2) if an individual’s average indexed month- ly earnings or, in the case of an individual whose primary insurance amount is computed under subsection (a) as in effect prior to Janu- ary 1979, average monthly wage, computed under subsection (b) or for the purposes of sub- section (d) is not a multiple of $1, it shall be reduced to the next lower multiple of $1. (f) Recomputation of benefits (1) After an individual’s primary insurance amount has been determined under this section, there shall be no recomputation of such individ- ual’s primary insurance amount except as pro- vided in this subsection or, in the case of a World War II veteran who died prior to July 27, 1954, as provided in section 417(b) of this title. (2)(A) If an individual has wages or self-em- ployment income for a year after 1978 for any part of which he is entitled to old-age or dis- ability insurance benefits, the Commissioner of Social Security shall, at such time or times and within such period as the Commissioner may by regulation prescribe, recompute the individual’s primary insurance amount for that year. (B) For the purpose of applying subparagraph (A) of subsection (a)(1) to the average indexed monthly earnings of an individual to whom that subsection applies and who receives a recompu- tation under this paragraph, there shall be used, in lieu of the amounts established by subsection (a)(1)(B) for purposes of clauses (i) and (ii) of subsection (a)(1)(A), the amounts so established that were (or, in the case of an individual de- scribed in subsection (a)(4)(B), would have been) used in the computation of such individual’s pri- mary insurance amount prior to the application of this subsection. (C) A recomputation of any individual’s pri- mary insurance amount under this paragraph shall be made as provided in subsection (a)(1) as though the year with respect to which it is made is the last year of the period specified in sub- section (b)(2)(B)(ii); and subsection (b)(3)(A) shall apply with respect to any such recomputa- tion as it applied in the computation of such in- dividual’s primary insurance amount prior to the application of this subsection. (D) A recomputation under this paragraph with respect to any year shall be effective— (i) in the case of an individual who did not die in that year, for monthly benefits begin- ning with benefits for January of the following year; or (ii) in the case of an individual who died in that year, for monthly benefits beginning with benefits for the month in which he died. (3) Repealed. Pub. L. 95–216, title II, § 201(f)(2), Dec. 20, 1977, 91 Stat. 1521. (4) A recomputation shall be effective under this subsection only if it increases the primary insurance amount by at least $1. (5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained retirement age (as defined in section 416(l) of this title), the Com- missioner of Social Security shall recompute his primary insurance amount as provided in sub- section (a) as though he became entitled to old- age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died. (6) Upon the death after 1967 of an individual entitled to benefits under section 402(a) or sec- tion 423 of this title, if any person is entitled to monthly benefits or a lump-sum death payment, on the wages and self-employment income of such individual, the Commissioner of Social Se- curity shall recompute the decedent’s primary insurance amount, but only if the decedent dur- ing his lifetime was paid compensation which was treated under section 405(o) of this title as remuneration for employment. (7) This subsection as in effect in December 1978 shall continue to apply to the recomputa- tion of a primary insurance amount computed under subsection (a) or (d) as in effect (without regard to the table in subsection (a)) in that month, and, where appropriate, under subsection (d) as in effect in December 1977, including a pri- Page 1997 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 mary insurance amount computed under any such subsection whose operation is modified as a result of the amendments made by section 5117 of the Omnibus Budget Reconciliation Act of 1990. For purposes of recomputing a primary in- surance amount determined under subsection (a) or (d) (as so in effect) in the case of an indi- vidual to whom those subsections apply by rea- son of subsection (a)(4)(B) as in effect after De- cember 1978, no remuneration shall be taken into account for the year in which the indi- vidual initially became eligible for an old-age or disability insurance benefit or died, or for any year thereafter, and (effective January 1982) the recomputation shall be modified by the applica- tion of subsection (a)(6) where applicable. (8) The Commissioner of Social Security shall recompute the primary insurance amounts ap- plicable to beneficiaries whose benefits are based on a primary insurance amount which was computed under subsection (a)(3) effective prior to January 1979, or would have been so computed if the dollar amount specified therein were $11.50. Such recomputation shall be effective January 1979, and shall include the effect of the increase in the dollar amount provided by sub- section (a)(1)(C)(i). Such primary insurance amount shall be deemed to be provided under such section for purposes of subsection (i). (g) Rounding of benefits The amount of any monthly benefit computed under section 402 or 423 of this title which (after any reduction under sections 403(a) and 424a of this title and any deduction under section 403(b) of this title, and after any deduction under sec- tion 1395s(a)(1) of this title) is not a multiple of $1 shall be rounded to the next lower multiple of $1. (h) Service of certain Public Health Service Offi- cers (1) Notwithstanding the provisions of sub- chapter III of chapter 83 of title 5, remuneration paid for service to which the provisions of sec- tion 410(l)(1) of this title are applicable and which is performed by an individual as a com- missioned officer of the Reserve Corps of the Public Health Service prior to July 1, 1960, shall not be included in computing entitlement to or the amount of any monthly benefit under this subchapter, on the basis of his wages and self- employment income, for any month after June 1960 and prior to the first month with respect to which the Director of the Office of Personnel Management certifies to the Commissioner of Social Security that, by reason of a waiver filed as provided in paragraph (2), no further annuity will be paid to him, his wife, and his children, or, if he has died, to his widow and children, under subchapter III of chapter 83 of title 5 on the basis of such service. (2) In the case of a monthly benefit for a month prior to that in which the individual, on whose wages and self-employment income such benefit is based, dies, the waiver must be filed by such individual; and such waiver shall be ir- revocable and shall constitute a waiver on be- half of himself, his wife, and his children. If such individual did not file such a waiver before he died, then in the case of a benefit for the month in which he died or any month thereafter, such waiver must be filed by his widow, if any, and by or on behalf of all his children, if any; and such waivers shall be irrevocable. Such a waiver by a child shall be filed by his legal guardian or guardians, or, in the absence thereof, by the per- son (or persons) who has the child in his care. (i) Cost-of-living increases in benefits (1) For purposes of this subsection— (A) the term ‘‘base quarter’’ means (i) the calendar quarter ending on September 30 in each year after 1982, or (ii) any other calendar quarter in which occurs the effective month of a general benefit increase under this sub- chapter; (B) the term ‘‘cost-of-living computation quarter’’ means a base quarter, as defined in subparagraph (A)(i), with respect to which the applicable increase percentage is greater than zero; except that there shall be no cost-of-liv- ing computation quarter in any calendar year if in the year prior to such year a law has been enacted providing a general benefit increase under this subchapter or if in such prior year such a general benefit increase becomes effec- tive; (C) the term ‘‘applicable increase percent- age’’ means— (i) with respect to a base quarter or cost- of-living computation quarter in any cal- endar year before 1984, or in any calendar year after 1983 and before 1989 for which the OASDI fund ratio is 15.0 percent or more, or in any calendar year after 1988 for which the OASDI fund ratio is 20.0 percent or more, the CPI increase percentage; and (ii) with respect to a base quarter or cost- of-living computation quarter in any cal- endar year after 1983 and before 1989 for which the OASDI fund ratio is less than 15.0 percent, or in any calendar year after 1988 for which the OASDI fund ratio is less than 20.0 percent, the CPI increase percentage or the wage increase percentage, whichever (with respect to that quarter) is the lower; (D) the term ‘‘CPI increase percentage’’, with respect to a base quarter or cost-of-living computation quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-liv- ing computation quarter under subparagraph (B); (E) the term ‘‘wage increase percentage’’, with respect to a base quarter or cost-of-living computation quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the national average wage index (as defined in section 409(k)(1) of this title) for the year immediately preceding such calendar year exceeds such index for the year immediately preceding the most recent prior calendar year which in- cluded a base quarter under subparagraph (A)(ii) or, if later, which included a cost-of-liv- ing computation quarter; Page 1998 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 1 So in original. Probably should be followed by ‘‘and’’. (F) the term ‘‘OASDI fund ratio’’, with re- spect to any calendar year, means the ratio of— (i) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the beginning of such year, in- cluding the taxes transferred under section 401(a) of this title on the first day of such year and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insurance Trust Fund under section 401(l) of this title, to (ii) the total amount which (as estimated by the Commissioner of Social Security) will be paid from the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund during such calendar year for all purposes authorized by section 401 of this title (other than payments of interest on, or repayments of, loans from the Federal Hospital Insurance Trust Fund under section 401(l) of this title), but exclud- ing any transfer payments between such trust funds and reducing the amount of any transfers to the Railroad Retirement Ac- count by the amount of any transfers into either such trust fund from that Account; 1 (G) the Consumer Price Index for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the ar- ithmetical mean of such index for the 3 months in such quarter. (2)(A)(i) The Commissioner of Social Security shall determine each year beginning with 1975 (subject to the limitation in paragraph (1)(B)) whether the base quarter (as defined in para- graph (1)(A)(i)) in such year is a cost-of-living computation quarter. (ii) If the Commissioner of Social Security de- termines that the base quarter in any year is a cost-of-living computation quarter, the Commis- sioner shall, effective with the month of Decem- ber of that year as provided in subparagraph (B), increase— (I) the benefit amount to which individuals are entitled for that month under section 427 or 428 of this title, (II) the primary insurance amount of each other individual on which benefit entitlement is based under this subchapter, and (III) the amount of total monthly benefits based on any primary insurance amount which is permitted under section 403 of this title (and such total shall be increased, unless otherwise so increased under another provision of this subchapter, at the same time as such primary insurance amount) or, in the case of a primary insurance amount computed under subsection (a) as in effect (without regard to the table contained therein) prior to January 1979, the amount to which the beneficiaries may be en- titled under section 403 of this title as in effect in December 1978, except as provided by sec- tion 403(a)(7) and (8) of this title as in effect after December 1978. The increase shall be derived by multiplying each of the amounts described in subdivisions (I), (II), and (III) (including each of those amounts as previously increased under this sub- paragraph) by the applicable increase percent- age; and any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. Any increase under this subsection in a primary insurance amount de- termined under subparagraph (C)(i) of sub- section (a)(1) shall be applied after the initial determination of such primary insurance amount under that subparagraph (with the amount of such increase, in the case of an indi- vidual who becomes eligible for old-age or dis- ability insurance benefits or dies in a calendar year after 1979, being determined from the range of possible primary insurance amounts pub- lished by the Commissioner of Social Security under the last sentence of subparagraph (D)). (iii) In the case of an individual who becomes eligible for an old-age or disability insurance benefit, or who dies prior to becoming so eligi- ble, in a year in which there occurs an increase provided under clause (ii), the individual’s pri- mary insurance amount (without regard to the time of entitlement to that benefit) shall be in- creased (unless otherwise so increased under an- other provision of this subchapter and, with re- spect to a primary insurance amount deter- mined under subsection (a)(1)(C)(i)(I) in the case of an individual to whom that subsection (as in effect in December 1981) applied, subject to the provisions of subsection (a)(1)(C)(i) and clauses (iv) and (v) of this subparagraph (as then in ef- fect)) by the amount of that increase and subse- quent applicable increases, but only with re- spect to benefits payable for months after No- vember of that year. (B) The increase provided by subparagraph (A) with respect to a particular cost-of-living com- putation quarter shall apply in the case of monthly benefits under this subchapter for months after November of the calendar year in which occurred such cost-of-living computation quarter, and in the case of lump-sum death pay- ments with respect to deaths occurring after No- vember of such calendar year. (C)(i) Whenever the Commissioner of Social Security determines that a base quarter in a calendar year is also a cost-of-living computa- tion quarter, the Commissioner shall notify the House Committee on Ways and Means and the Senate Committee on Finance of such deter- mination within 30 days after the close of such quarter, indicating the amount of the benefit in- crease to be provided, the Commissioner’s esti- mate of the extent to which the cost of such in- crease would be met by an increase in the con- tribution and benefit base under section 430 of this title and the estimated amount of the in- crease in such base, the actuarial estimates of the effect of such increase, and the actuarial as- sumptions and methodology used in preparing such estimates. (ii) The Commissioner of Social Security shall determine and promulgate the OASDI fund ratio for the current calendar year on or before No- vember 1 of the current calendar year, based upon the most recent data then available. The Commissioner of Social Security shall include a statement of the fund ratio and the national av- erage wage index (as defined in section 409(k)(1) Page 1999 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 of this title) and a statement of the effect such ratio and the level of such index may have upon benefit increases under this subsection in any notification made under clause (i) and any de- termination published under subparagraph (D). (D) If the Commissioner of Social Security de- termines that a base quarter in a calendar year is also a cost-of-living computation quarter, the Commissioner shall publish in the Federal Reg- ister within 45 days after the close of such quar- ter a determination that a benefit increase is re- sultantly required and the percentage thereof. The Commissioner shall also publish in the Fed- eral Register at that time (i) a revision of the range of the primary insurance amounts which are possible after the application of this sub- section based on the dollar amount specified in subparagraph (C)(i) of subsection (a)(1) (with such revised primary insurance amounts consti- tuting the increased amounts determined for purposes of such subparagraph (C)(i) under this subsection), or specified in subsection (a)(3) as in effect prior to 1979, and (ii) a revision of the range of maximum family benefits which cor- respond to such primary insurance amounts (with such maximum benefits being effective notwithstanding section 403(a) of this title ex- cept for paragraph (3)(B) thereof (or paragraph (2) thereof as in effect prior to 1979)). Notwith- standing the preceding sentence, such revision of maximum family benefits shall be subject to paragraph (6) of section 403(a) of this title (as added by section 101(a)(3) of the Social Security Disability Amendments of 1980). (3) As used in this subsection, the term ‘‘gen- eral benefit increase under this subchapter’’ means an increase (other than an increase under this subsection) in all primary insurance amounts on which monthly insurance benefits under this subchapter are based. (4) This subsection as in effect in December 1978, and as amended by sections 111(a)(6), 111(b)(2), and 112 of the Social Security Amend- ments of 1983 and by section 9001 of the Omnibus Budget Reconciliation Act of 1986, shall con- tinue to apply to subsections (a) and (d), as then in effect and as amended by section 5117 of the Omnibus Budget Reconciliation Act of 1990, for purposes of computing the primary insurance amount of an individual to whom subsection (a), as in effect after December 1978, does not apply (including an individual to whom subsection (a) does not apply in any year by reason of para- graph (4)(B) of that subsection (but the applica- tion of this subsection in such cases shall be modified by the application of subdivision (I) in the last sentence of paragraph (4) of that sub- section)), except that for this purpose, in apply- ing paragraphs (2)(A)(ii), (2)(D)(iv), and (2)(D)(v) of this subsection as in effect in December 1978, the phrase ‘‘increased to the next higher mul- tiple of $0.10’’ shall be deemed to read ‘‘de- creased to the next lower multiple of $0.10’’. For purposes of computing primary insurance amounts and maximum family benefits (other than primary insurance amounts and maximum family benefits for individuals to whom such paragraph (4)(B) applies), the Commissioner of Social Security shall revise the table of benefits contained in subsection (a), as in effect in De- cember 1978, in accordance with the require- ments of paragraph (2)(D) of this subsection as then in effect, except that the requirement in such paragraph (2)(D) that the Commissioner of Social Security publish such revision of the table of benefits in the Federal Register shall not apply. (5)(A) If— (i) with respect to any calendar year the ‘‘applicable increase percentage’’ was deter- mined under clause (ii) of paragraph (1)(C) rather than under clause (i) of such paragraph, and the increase becoming effective under paragraph (2) in such year was accordingly de- termined on the basis of the wage increase percentage rather than the CPI increase per- centage (or there was no such increase becom- ing effective under paragraph (2) in that year because there was no wage increase percentage greater than zero), and (ii) for any subsequent calendar year in which an increase under paragraph (2) becomes effective the OASDI fund ratio is greater than 32.0 percent, then each of the amounts described in subdivi- sions (I), (II), and (III) of paragraph (2)(A)(ii), as increased under paragraph (2) effective with the month of December in such subsequent calendar year, shall be further increased (effective with such month) by an additional percentage, which shall be determined under subparagraph (B) and shall apply as provided in subparagraph (C). Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower mul- tiple of $0.10. (B) The applicable additional percentage by which the amounts described in subdivisions (I), (II), and (III) of paragraph (2)(A)(ii) are to be fur- ther increased under subparagraph (A) in the subsequent calendar year involved shall be the amount derived by— (i) subtracting (I) the compounded percent- age benefit increases that were actually paid under paragraph (2) and this paragraph from (II) the compounded percentage benefit in- creases that would have been paid if all in- creases under paragraph (2) had been made on the basis of the CPI increase percentage, (ii) dividing the difference by the sum of the compounded percentage in clause (i)(I) and 100 percent, and (iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one- tenth of 1 percent), with the compounded increases referred to in clause (i) being measured— (iv) in the case of amounts described in sub- division (I) of paragraph (2)(A)(ii), over the pe- riod beginning with the calendar year in which monthly benefits described in such subdivision were first increased on the basis of the wage increase percentage and ending with the year before such subsequent calendar year, and (v) in the case of amounts described in sub- divisions (II) and (III) of paragraph (2)(A)(ii), over the period beginning with the calendar year in which the individual whose primary insurance amount is increased under such sub- division (II) became eligible (as defined in sub- section (a)(3)(B)) for the old-age or disability Page 2000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 insurance benefit that is being increased under this subsection, or died before becoming so eli- gible, and ending with the year before such subsequent calendar year; except that if the Commissioner of Social Secu- rity determines in any case that the application (in accordance with subparagraph (C)) of the ad- ditional percentage as computed under the pre- ceding provisions of this subparagraph would cause the OASDI fund ratio to fall below 32.0 percent in the calendar year immediately fol- lowing such subsequent year, the Commissioner shall reduce such applicable additional percent- age to the extent necessary to ensure that the OASDI fund ratio will remain at or above 32.0 percent through the end of such following year. (C) Any applicable additional percentage in- crease in an amount described in subdivision (I), (II), or (III) of paragraph (2)(A)(ii), made under this paragraph in any calendar year, shall there- after be treated for all the purposes of this chap- ter as a part of the increase made in such amount under paragraph (2) for that year. (Aug. 14, 1935, ch. 531, title II, § 215, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 506; amended July 18, 1952, ch. 945, §§ 2(a), (b)(1), 3(c), 6(a), (b), 66 Stat. 767, 768, 770, 771, 776; Sept. 1, 1954, ch. 1206, title I, §§ 102(a)–(d), (e)(1)–(4), 104(d), 106(c), 68 Stat. 1062–1068, 1078, 1079; Aug. 1, 1956, ch. 836, title I, §§ 103(c)(4), (5), 109(a), 115(a)–(c), 70 Stat. 818, 830, 832, 833; Pub. L. 85–840, title I, §§ 101(a)–(d), 102(d), title II, § 205(m), Aug. 28, 1958, 72 Stat. 1013–1016, 1020, 1025; Pub. L. 86–415, § 7, Apr. 8, 1960, 74 Stat. 35; Pub. L. 86–778, title I, § 103(j)(2)(C), title II, § 211(n), title III, §§ 303(a)–(e), 304(a), Sept. 13, 1960, 74 Stat. 937, 958, 960–962, 966; Pub. L. 87–64, title I, §§ 101(a), 102(d), June 30, 1961, 75 Stat. 131, 135; Pub. L. 89–97, title III, §§ 301(a), (b), 302(a)–(d), 303(e), 304(k), 320(a)(4), July 30, 1965, 79 Stat. 361, 363–365, 367, 370, 393; Pub. L. 90–248, title I, §§ 101(a), (c), (d), 108(a)(4), 155(a)(1)–(6), title IV, § 403(b), Jan. 2, 1968, 81 Stat. 824, 827, 834, 864, 865, 931; Pub. L. 91–172, title X, § 1002(a), (c), (d), Dec. 30, 1969, 83 Stat. 737, 740; Pub. L. 92–5, title II, §§ 201(a), (c), (d), 203(a)(4), Mar. 17, 1971, 85 Stat. 6, 9, 10; Pub. L. 92–336, title II, §§ 201(a), (c)–(f), 202(a)(1), (3), 203(a)(4), July 1, 1972, 86 Stat. 406, 410–412, 416, 418; Pub. L. 92–603, title I, §§ 101(a), (c)–(e), 104(b), 134, 142(b), (c), 144(a)(1), Oct. 30, 1972, 86 Stat. 1333, 1334, 1340, 1362, 1368, 1369; Pub. L. 93–66, title II, § 203(a)(4), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, §§ 1(h)(1), 2(a), 3(a)–(h), 5(a)(4), Dec. 31, 1973, 87 Stat. 948, 952, 953; Pub. L. 95–216, title I, § 103(d), title II, § 201, Dec. 20, 1977, 91 Stat. 1514, 1519; Pub. L. 96–265, title I, §§ 101(b)(3), (4), 102(a), June 9, 1980, 94 Stat. 442, 443; Pub. L. 96–473, § 6(d), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 97–35, title XXII, §§ 2201(a), (b)(1)–(9), (c)(1)–(5), 2206(a), (b)(5)–(7), Aug. 13, 1981, 95 Stat. 830, 831, 838; Pub. L. 97–123, § 2(a)–(d), Dec. 29, 1981, 95 Stat. 1660; Pub. L. 98–21, title I, §§ 111(a)(1)–(3), (6), (b)(1), (2), (c), 112(a)–(d), 113(a)–(c), title II, § 201(c)(1)(C), Apr. 20, 1983, 97 Stat. 72–78, 109; Pub. L. 98–369, div. B, title VI, §§ 2661(k), 2663(a)(10), July 18, 1984, 98 Stat. 1157, 1164; Pub. L. 99–272, title XII, § 12105, Apr. 7, 1986, 100 Stat. 286; Pub. L. 99–509, title IX, § 9001(a), (b), Oct. 21, 1986, 100 Stat. 1969, 1970; Pub. L. 99–514, title XVIII, § 1883(a)(7), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100–647, title VIII, §§ 8003(a), 8011(a), (b), Nov. 10, 1988, 102 Stat. 3780, 3789; Pub. L. 101–239, title X, § 10208(b)(1), (2)(A), (B), (3), (4), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L. 101–508, title V, §§ 5117(a)(1)–(3)(A), (C)–(E), 5122, Nov. 5, 1990, 104 Stat. 1388–274 to 1388–277, 1388–283; Pub. L. 103–296, title I, § 107(a)(4), title III, §§ 307(a), (b), 308(b), 321(a)(16), (17), (e)(2)(B)–(G), (g)(1)(C), Aug. 15, 1994, 108 Stat. 1478, 1522, 1536, 1539, 1540, 1543; Pub. L. 118–273, § 3(a), Jan. 5, 2025, 138 Stat. 3232.) Editorial Notes REFERENCES IN TEXT The Railroad Retirement Act of 1937, referred to in subsecs. (a)(1)(C)(ii) and (d)(1)(C), 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. (a)(1)(C)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93–445 completely amended and re- vised 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 Retire- ment 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 (§ 215 et seq.) and subchapter III (§ 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 pre- ceding section 231 of Title 45, section 231t of Title 45, and Tables. Section 104(j)(2) of the Social Security Amendments of 1972, referred to in subsecs. (a)(5)(B)(ii), (b)(2)(B)(iii), and (d)(1)(A), is section 104(j)(2) of Pub. L. 92–603, which is set out as a note under section 414 of this title. Section 5117 of the Omnibus Budget Reconciliation Act of 1990, referred to in subsecs. (c), (f)(7), and (i)(4), is section 5117 of Pub. L. 101–508, title V, Nov. 5, 1990, 104 Stat. 1388–274, which amended this section and sections 403, 413, and 417 of this title, amended provisions set out as a note under section 413 of this title, and enacted provisions set out as notes under sections 403 and 413 of this title. The 1939 Act, referred to in subsec. (d), probably means act Aug. 10, 1939, ch. 666, 53 Stat. 1360, known as the Social Security Act Amendments of 1939, which en- acted sections 901a, 1306 and 1307 of this title, amended sections 302, 303, 306, 401, 402 to 409, 502, 503, 602, 603, 606, 701, 702, 703, 711, 712, 713, 714, 721, 801, 1011, 1202, 1203, 1206, 1301, of this title, section 642 of Title 7, Agri- culture, section 1464 of Title 12, Banks and Banking, section 1601 of former Title 26, Internal Revenue Code of 1939, section 45b of Title 29, Labor, and enacted pro- visions set out as notes under section 363 of Title 45, Railroads. For complete classification of this Act to the Code, see Tables. Section 101(a)(3) of the Social Security Disability Amendments of 1980, referred to in subsec. (i)(2)(D), is section 101(a)(3) of Pub. L. 96–265, title I, June 9, 1980, 94 Stat. 442, which enacted section 403(a)(6) of this title. Sections 111(a)(6), 111(b)(2), and 112 of the Social Se- curity Amendments of 1983, referred to in subsec. (i)(4), are sections 111(a)(6), 111(b)(2), and 112 of Pub. L. 98–21, title I, Apr. 20, 1983, 97 Stat. 72, 73, which amended sub- sec. (i) of this section and enacted provisions set out as notes below. See 1983 Amendment notes below. Page 2001 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 Section 9001 of the Omnibus Budget Reconciliation Act of 1986, referred to in subsec. (i)(4), is section 9001 of Pub. L. 99–509, title IX, Oct. 21, 1986, 100 Stat. 1969, which amended sections 415 and 1395r of this title and enacted provisions set out as a note below. AMENDMENTS 2025—Subsec. (a)(7). Pub. L. 118–273, § 3(a)(1), struck out par. (7) which reduced Social Security benefits pur- suant to the Windfall Elimination Provision. Subsec. (d)(3). Pub. L. 118–273, § 3(a)(2), struck out par. (3) which related to computation of payment amounts for certain individuals who first became eligible after 1985 for monthly periodic payments and whose primary insurance amount was not computed under subsec. (a)(1) of this section by reason of subsec. (a)(4)(B)(ii). Subsec. (f)(9). Pub. L. 118–273, § 3(a)(3), struck out par. (9) which related to computation of payment amount based on application of former subsec. (a)(7) or (d)(3) of this section. 1994—Subsec. (a)(1)(B)(ii). Pub. L. 103–296, § 321(e)(2)(B), in subcl. (I) substituted ‘‘national average wage index’’ for ‘‘deemed average total wages’’ and in subcl. (II) substituted ‘‘the national average wage index (as so defined) for 1977.’’ for ‘‘the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate for the calendar year 1977.’’ Subsec. (a)(1)(C)(ii). Pub. L. 103–296, § 321(g)(1)(C), sub- stituted ‘‘(except that, for purposes of subsection (b) of such section 430 of this title as so in effect, the ref- erence to the contribution and benefit base in para- graph (1) of such subsection (b) shall be deemed a ref- erence to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the average of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the na- tional average wage index (as defined in section 409(k)(1) of this title), the reference to a preceding cal- endar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the calendar year in which the determination under subsection (a) of such section 430 of this title is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992).’’ for ‘‘(except that, for purposes of subsection (b)(2)(A) of such section 430 of this title as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the national average wage index (within the meaning of section 409(k)(1) of this title) for such calendar year).’’ Pub. L. 103–296, § 321(e)(2)(C), substituted ‘‘national average wage index’’ for ‘‘deemed average total wages’’ before ‘‘(within the meaning’’. Subsec. (a)(1)(D). Pub. L. 103–296, § 321(e)(2)(D), sub- stituted ‘‘In each calendar year’’ for ‘‘In each calendar year after 1978’’ and ‘‘the national average wage index (as defined in section 409(k)(1) of this title’’ for ‘‘the av- erage of the total wages (as described in subparagraph (B)(ii)(I)’’ and struck out at end ‘‘With the initial publi- cation required by this subparagraph, the Secretary shall also publish in the Federal Register the average of the total wages (as so described) for each calendar year after 1950.’’ Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (a)(5)(B)(i). Pub. L. 103–296, § 321(a)(16), sub- stituted ‘‘subsections’’ for ‘‘subsection’’ before ‘‘(b)(4) and (c)’’. Subsec. (a)(6)(B). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (a)(7)(A). Pub. L. 103–296, § 308(b), in closing provisions struck out ‘‘and’’ before ‘‘(II)’’ and inserted ‘‘, and (III) a payment based wholly on service as a member of a uniformed service (as defined in section 410(m) of this title)’’ after ‘‘section 433 of this title’’. Pub. L. 103–296, § 307(a)(1), in closing provisions sub- stituted ‘‘but excluding (I) a payment under the Rail- road Retirement Act of 1974 or 1937, and (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 433 of this title’’ for ‘‘but excluding a payment under the Railroad Retirement Act of 1974 or 1937’’. Subsec. (a)(7)(C)(i). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (a)(7)(E). Pub. L. 103–296, § 307(a)(2), in intro- ductory provisions inserted ‘‘whose eligibility for old- age or disability insurance benefits is based on an agreement concluded pursuant to section 433 of this title or an individual’’ before ‘‘who on January’’. Subsec. (b)(3)(A)(ii)(I), (II). Pub. L. 103–296, § 321(e)(2)(E), substituted ‘‘national average wage index’’ for ‘‘deemed average total wages’’. Subsec. (d)(1)(C). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (d)(3). Pub. L. 103–296, § 308(b), in closing pro- visions struck out ‘‘and’’ before ‘‘(II)’’ and inserted ‘‘, and (III) a payment based wholly on service as a member of a uniformed service (as defined in section 410(m) of this title)’’ after ‘‘section 433 of this title’’. Pub. L. 103–296, § 307(b), in closing provisions sub- stituted ‘‘but excluding (I) a payment under the Rail- road Retirement Act of 1974 or 1937, and (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 433 of this title’’ for ‘‘but excluding a payment under the Railroad Retirement Act of 1974 or 1937’’. Subsec. (f)(2)(A). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ and ‘‘the Commissioner may’’ for ‘‘he may’’. Subsec. (f)(5), (6). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (f)(7). Pub. L. 103–296, § 321(a)(17), inserted a period after ‘‘1990’’. Subsecs. (f)(8), (h)(1). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (i)(1)(E). Pub. L. 103–296, § 321(e)(2)(F)(i), sub- stituted ‘‘national average wage index (as defined in section 409(k)(1) of this title)’’ for ‘‘SSA average wage index’’. Subsec. (i)(1)(F)(ii). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (i)(1)(G), (H). Pub. L. 103–296, § 321(e)(2)(F)(ii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: ‘‘the term ‘SSA aver- age wage index’, with respect to any calendar year, means the amount determined for such calendar year under subsection (b)(3)(A)(ii)(I) of this section; and’’. Subsec. (i)(2)(A)(i), (ii), (C)(i). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Secu- rity’’ for ‘‘Secretary’’ wherever appearing, ‘‘the Com- missioner shall’’ for ‘‘he shall’’ in introductory provi- sions of par. (2)(A)(ii) and in par. (2)(C)(i), and ‘‘the Commissioner’s estimate’’ for ‘‘his estimate’’ in par. (2)(C)(i). Subsec. (i)(2)(C)(ii). Pub. L. 103–296, § 321(e)(2)(G), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘The Secretary shall determine and promulgate the OASDI fund ratio for the current cal- endar year and the SSA wage index for the preceding calendar year before November 1 of the current cal- endar year, based upon the most recent data then avail- able, and shall include a statement of such fund ratio and wage index (and of the effect such ratio and the level of such index may have upon benefit increases under this subsection) in any notification made under clause (i) and any determination published under sub- paragraph (D).’’ Pub. L. 103–296, § 107(a)(4), in cl. (ii) as amended by Pub. L. 103–296, § 321(e)(2)(G), substituted ‘‘Commis- Page 2002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 sioner of Social Security’’ for ‘‘Secretary’’ in two places. Subsec. (i)(2)(D). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ and ‘‘the Commissioner shall publish’’ for ‘‘he shall publish’’. Pub. L. 103–296, § 107(a)(4), which directed that this subchapter be amended by substituting ‘‘the Commis- sioner’’ for ‘‘he’’ wherever referring to the Secretary of Health and Human Services, was executed by sub- stituting ‘‘The Commissioner’’ for ‘‘He’’ before ‘‘shall also publish’’, to reflect the probable intent of Con- gress. Subsec. (i)(4), (5)(B). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ wherever appearing and ‘‘the Commissioner shall’’ for ‘‘he shall’’ in closing provisions of par. (5)(B). 1990—Subsec. (a)(1)(C)(ii). Pub. L. 101–508, § 5122(a), substituted ‘‘of not less than 25 percent (in the case of a year after 1950 and before 1978) of the maximum amount which (pursuant to subsection (e)) may be counted for such year, or 25 percent (in the case of a year after 1977 and before 1991) or 15 percent (in the case of a year after 1990) of the maximum amount which (pursuant to subsection (e)) could be counted for such year if’’ for ‘‘of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year, or of not less than 25 per- cent of the maximum amount which could be so count- ed for such year (in the case of a year after 1977) if’’. Subsec. (a)(5). Pub. L. 101–508, § 5117(a)(1), designated existing provision as subpar. (A), substituted ‘‘Subject to subparagraphs (B), (C), (D), and (E), for purposes of’’ for ‘‘For purposes of’’, struck out at end ‘‘The table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be revised as provided by subsection (i) of this section for each year after 1978.’’, and added subpars. (B) to (E). Subsec. (a)(7)(A), (C)(ii). Pub. L. 101–508, § 5117(a)(3)(E)(ii), substituted ‘‘subsection (d)(3)’’ for ‘‘subsection (d)(5)’’. Subsec. (a)(7)(D). Pub. L. 101–508, § 5122(b), struck out ‘‘(as defined in paragraph (1)(C)(ii))’’ before period at end of first sentence and inserted at end ‘‘For purposes of this subparagraph, the term ‘year of coverage’ shall have the meaning provided in paragraph (1)(C)(ii), ex- cept that the reference to ‘15 percent’ therein shall be deemed to be a reference to ‘25 percent’.’’ Subsec. (c). Pub. L. 101–508, § 5117(a)(3)(C), substituted ‘‘Subject to the amendments made by section 5117 of the Omnibus Budget Reconciliation Act of 1990, this’’ for ‘‘This’’. Subsec. (d)(1)(A). Pub. L. 101–508, § 5117(a)(2)(A)(i), in- serted ‘‘and subject to section 104(j)(2) of the Social Se- curity Amendments of 1972’’ after ‘‘thereof’’. Subsec. (d)(1)(B)(i), (ii). Pub. L. 101–508, § 5117(a)(2)(A)(ii), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) the total wages prior to 1951 (as defined in sub- paragraph (C) of this paragraph) of an individual who attained age 21 after 1936 and prior to 1950 shall be di- vided by the number of years (hereinafter in this sub- paragraph referred to as the ‘divisor’) elapsing after the year in which the individual attained age 20 and prior to 1951; and ‘‘(ii) the total wages prior to 1951 (as defined in sub- paragraph (C) of this paragraph) of an individual who attained age 21 after 1949 shall be divided by the num- ber of years (hereinafter in this subparagraph referred to as the ‘divisor’) elapsing after 1949 and prior to 1951.’’ Subsec. (d)(1)(B)(iii). Pub. L. 101–508, § 5117(a)(2)(B), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ‘‘if the quotient exceeds $3,000, only $3,000 shall be deemed to be the individual’s wages for each of the years which were used in computing the amount of the divisor, and the remainder of the indi- vidual’s total wages prior to 1951 (I) if less than $3,000, shall be deemed credited to the year immediately pre- ceding the earliest year used in computing the amount of the divisor, or (II) if $3,000 or more, shall be deemed credited, in $3,000 increments, to the year immediately preceding the earliest year used in computing the amount of the divisor and to each year consecutively preceding that year, with any remainder less than $3,000 being credited to the year immediately preceding the earliest year to which a full $3,000 increment was credited; and’’. Subsec. (d)(2)(B). Pub. L. 101–508, § 5117(a)(2)(C)(i), struck out ‘‘except as provided in paragraph (3),’’ after ‘‘(B)’’. Subsec. (d)(2)(C). Pub. L. 101–508, § 5117(a)(2)(C)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘(C)(i) who becomes entitled to benefits under section 402(a) or 423 of this title after January 2, 1968, or ‘‘(ii) who dies after such date without being entitled to benefits under section 402(a) or 423 of this title, or ‘‘(iii) whose primary insurance amount is required to be recomputed under subsection (f)(2) or (6) of this sec- tion or section 431 of this title.’’ Subsec. (d)(3) to (5). Pub. L. 101–508, § 5117(a)(2)(C)(iii), (3)(E)(i), redesignated par. (5) as (3) and struck out former pars. (3) and (4) which read as follows: ‘‘(3) The provisions of this subsection as in effect prior to January 2, 1968, shall be applicable in the case of an individual who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 420 of this title. ‘‘(4) The provisions of this subsection as in effect in December 1977 shall be applicable to individuals who become eligible for old-age or disability insurance ben- efits or die prior to 1978.’’ Subsec. (f)(7). Pub. L. 101–508, § 5117(a)(3)(D), sub- stituted ‘‘, including a primary insurance amount com- puted under any such subsection whose operation is modified as a result of the amendments made by sec- tion 5117 of the Omnibus Budget Reconciliation Act of 1990’’ for period at end of first sentence. Subsec. (f)(9)(A). Pub. L. 101–508, § 5117(a)(3)(E)(ii), substituted ‘‘subsection (d)(3)’’ for ‘‘subsection (d)(5)’’ in two places. Subsec. (f)(9)(B). Pub. L. 101–508, § 5117(a)(3)(E)(iii), substituted ‘‘or (d)(3)’’ for ‘‘or (d)(5)’’ wherever appear- ing. Subsec. (i)(4). Pub. L. 101–508, § 5117(a)(3)(A), inserted ‘‘and as amended by section 5117 of the Omnibus Budget Reconciliation Act of 1990’’ after ‘‘as then in effect’’ in first sentence. 1989—Subsec. (a)(1)(B)(ii)(I). Pub. L. 101–239, § 10208(b)(2)(A), substituted ‘‘the deemed average total wages (as defined in section 409(k)(1) of this title)’’ for ‘‘the average of the total wages (as defined in regula- tions of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate’’. Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted ‘‘409(a)(1)’’ for ‘‘409(a)’’. Subsec. (a)(1)(B)(ii)(II). Pub. L. 101–239, § 10208(b)(2)(B), substituted ‘‘(as defined in regulations of the Secretary and computed without regard to the limitations speci- fied in section 409(a)(1) of this title)’’ for ‘‘(as so defined and computed)’’. Subsec. (a)(1)(C)(ii). Pub. L. 101–239, § 10208(b)(4), sub- stituted ‘‘change (except that, for purposes of sub- section (b)(2)(A) of such section 430 of this title as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a ref- erence to the deemed average total wages (within the meaning of section 409(k)(1) of this title) for such cal- endar year)’’ for ‘‘change’’. Subsec. (b)(3)(A)(ii)(I). Pub. L. 101–239, § 10208(b)(1)(C), struck out ‘‘(after 1976)’’ after ‘‘calendar year’’. Pub. L. 101–239, § 10208(b)(1)(A), substituted ‘‘the deemed average total wages (as defined in section Page 2003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 409(k)(1) of this title)’’ for ‘‘the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate’’. Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted ‘‘409(a)(1)’’ for ‘‘409(a)’’. Subsec. (b)(3)(A)(ii)(II). Pub. L. 101–239, § 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 Sec- retary of the Treasury or his delegate’’. Subsec. (i)(1)(G). Pub. L. 101–239, § 10208(b)(3), sub- stituted ‘‘the amount determined for such calendar year under subsection (b)(3)(A)(ii)(I)’’ for ‘‘the average of the total wages reported to the Secretary of the Treasury or his delegate as determined for purposes of subsection (b)(3)(A)(ii)’’. 1988—Subsec. (a)(7)(A). Pub. L. 100–647, § 8011(a)(1), struck out ‘‘with respect to the initial month in which the individual becomes eligible for such benefits’’ be- fore period at end. Subsec. (a)(7)(B)(i). Pub. L. 100–647, § 8011(a)(2), sub- stituted ‘‘concurrent entitlement to such monthly peri- odic payment and old-age or disability insurance bene- fits’’ for ‘‘eligibility for old-age or disability insurance benefits’’. Subsec. (a)(7)(C)(iii), (iv). Pub. L. 100–647, § 8011(a)(3), redesignated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: ‘‘If an individual to whom subparagraph (A) applies is eligible for a periodic pay- ment beginning with a month that is subsequent to the month in which he or she becomes eligible for old-age or disability insurance benefits, the amount of that payment (for purposes of subparagraph (B)) shall be deemed to be the amount to which he or she is, or is deemed to be, entitled (subject to clauses (i), (ii), and (iv) of this subparagraph) in such subsequent month.’’ Subsec. (a)(7)(D). Pub. L. 100–647, § 8003(a), in intro- ductory provisions, substituted ‘‘20 years’’ for ‘‘25 years’’ and ‘‘shall (if such percent is smaller than the applicable percent specified in the following table) be deemed to be the applicable percent specified in the fol- lowing table:’’ for ‘‘shall (if such percent is smaller than the percent specified in whichever of the following clauses applies) be deemed to be—’’, and substituted table for former cls. (i) to (iv) which read as follows: ‘‘(i) 80 percent, in the case of an individual who has 29 of such years of coverage; ‘‘(ii) 70 percent, in the case of an individual who has 28 of such years; ‘‘(iii) 60 percent, in the case of an individual who has 27 of such years; and ‘‘(iv) 50 percent, in the case of an individual who has 26 of such years.’’ Subsec. (d)(5)(ii). Pub. L. 100–647, § 8011(b), substituted ‘‘such concurrent entitlement’’ for ‘‘his or her eligi- bility for old-age or disability insurance benefits’’. 1986—Subsec. (i)(1)(B). Pub. L. 99–509, § 9001(a), sub- stituted ‘‘percentage is greater than zero’’ for ‘‘percent- age is 3 percent or more’’. Pub. L. 99–509, § 9001(b)(2)(A), amended subpar. (B), as in effect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after December 1978, by striking out ‘‘, by not less than 3 per centum,’’ after ‘‘Department of Labor exceeds’’. Subsec. (i)(2)(C)(i). Pub. L. 99–509, § 9001(b)(1)(A)(i), re- designated cl. (ii) as (i) and struck out former cl. (i) which read as follows: ‘‘Whenever the level of the Con- sumer Price Index as published for any month exceeds by 2.5 percent or more the level of such index for the most recent base quarter (as defined in paragraph (1)(A)(ii)) or, if later, the most recent cost-of-living computation quarter, the Secretary shall (within 5 days after such publication) report the amount of such excess to the House Committee on Ways and Means and the Senate Committee on Finance.’’ Pub. L. 99–509, § 9001(b)(2)(B), amended subpar. (C), as in effect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after December 1978, by striking out cl. (i) which read as follows: ‘‘Whenever the level of the Consumer Price Index as published for any month exceeds by 2.5 percent or more the level of such index for the most recent base quarter (as defined in paragraph (1)(A)(ii)) or, if later, the most recent cost-of-living computation quarter, the Secretary shall (within 5 days after such publication) report the amount of such excess to the House Com- mittee on Ways and Means and the Senate Committee on Finance.’’ Subsec. (i)(2)(C)(ii). Pub. L. 99–509, § 9001(b)(1)(A), re- designated cl. (iii) as (ii) and substituted ‘‘under clause (i)’’ for ‘‘under clause (ii)’’. Former cl. (ii) redesignated (i). Pub. L. 99–509, § 9001(b)(2)(B), amended subpar. (C), as in effect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after December 1978, by striking out cl. (ii) designation. Subsec. (i)(2)(C)(iii). Pub. L. 99–509, § 9001(b)(1)(A)(i), redesignated cl. (iii) as (ii). Subsec. (i)(4). Pub. L. 99–509, § 9001(b)(1)(B), inserted ‘‘and by section 9001 of the Omnibus Budget Reconcili- ation Act of 1986’’. Pub. L. 99–272 substituted ‘‘the Secretary shall revise the table of benefits contained in subsection (a), as in effect in December 1978, in accordance with the require- ments of paragraph (2)(D) of this subsection as then in effect, except that the requirement in such paragraph (2)(D) that the Secretary publish such revision of the table of benefits in the Federal Register shall not apply’’ for ‘‘the Secretary shall publish in the Federal Register revisions of the table of benefits contained in subsection (a), as in effect in December 1978, as re- quired by paragraph (2)(D) of this subsection as then in effect’’. Subsec. (i)(5)(A)(i). Pub. L. 99–509, § 9001(b)(1)(C), sub- stituted ‘‘because there was no wage increase percent- age greater than zero’’ for ‘‘because the wage increase percentage was less than 3 percent’’. Subsec. (i)(5)(B). Pub. L. 99–514, § 1883(a)(7), sub- stituted ‘‘clause (i)(I)’’ for ‘‘subdivision (I)’’ in cl. (ii) and ‘‘clause (i)’’ for ‘‘subdivisions (I) and (II)’’ in provi- sions between cls. (iii) and (iv). 1984—Subsec. (a)(1)(B)(i). Pub. L. 98–369, § 2663(a)(10)(A)(i), substituted ‘‘for such benefits’’ for ‘‘of such benefits’’. Subsec. (a)(1)(B)(iii). Pub. L. 98–369, § 2663(a)(10)(A)(ii), substituted ‘‘amount’’ for ‘‘amounts’’ after ‘‘except that any’’. Subsec. (a)(1)(C)(ii). Pub. L. 98–369, § 2663(a)(10)(A)(iii), substituted ‘‘section 417 of this title’’ for ‘‘scetion 417 of this title’’ after ‘‘deemed to be paid to such individual under’’. Subsec. (a)(4)(B). Pub. L. 98–369, § 2663(a)(10)(B), re- aligned margins of subpar. (B). Subsec. (a)(7)(B)(ii)(I). Pub. L. 98–369, § 2661(k)(1), sub- stituted ‘‘who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligi- ble as so defined for disability insurance benefits before attaining age 62)’’ for ‘‘who initially become eligible for old-age or disability insurance benefits’’. Subsec. (a)(7)(C)(ii). Pub. L. 98–369, § 2661(k)(2), sub- stituted ‘‘survivor’s’’ for ‘‘survivors’’. Subsec. (f)(2)(A). Pub. L. 98–369, § 2663(a)(10)(C), sub- stituted ‘‘primary insurance amount’’ for ‘‘primary in- surance account’’. Subsec. (f)(9)(B)(i). Pub. L. 98–369, § 2661(k)(3), sub- stituted ‘‘as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)’’ for ‘‘as though such primary insurance amount had initially been computed without regard to sub- section (a)(7) or (d)(5)’’. Subsec. (h)(1). Pub. L. 98–369, § 2663(a)(10)(D)(ii), sub- stituted ‘‘Director of the Office of Personnel Manage- ment’’ for ‘‘Civil Service Commission’’. Subsec. (i)(5)(A). Pub. L. 98–369, § 2661(k)(4), inserted provision that any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. Subsec. (i)(5)(B)(iii). Pub. L. 98–369, § 2661(k)(5)(A), substituted ‘‘so as to yield such applicable additional Page 2004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 percentage (which shall be rounded to the nearest one- tenth of 1 percent)’’ for ‘‘and rounding to the nearest one-tenth of 1 percent’’. Subsec. (i)(5)(B)(iv), (v). Pub. L. 98–369, § 2661(k)(5)(B), (C), substituted ‘‘ending with the year before such sub- sequent calendar year’’ for ‘‘ending with such subse- quent calendar year’’ in cls. (iv) and (v) and ‘‘became eligible (as defined in subsection (a)(3)(B)) for the old- age or disability insurance benefit that is being in- creased under this subsection’’ for ‘‘initially became el- igible for an old-age or disability insurance benefit’’ in cl. (v). 1983—Subsec. (a)(7). Pub. L. 98–21, § 113(a), added par. (7). Subsec. (d)(5). Pub. L. 98–21, § 113(b), added par. (5). Subsec. (f)(5). Pub. L. 98–21, § 201(c)(1)(C), substituted ‘‘retirement age (as defined in section 416(l) of this title)’’ for ‘‘age 65’’. Subsec. (f)(9). Pub. L. 98–21, § 113(c), added par. (9). Subsec. (i)(1)(A). Pub. L. 98–21, § 111(b)(1), substituted ‘‘September 30’’ for ‘‘March 31’’ and ‘‘1982’’ for ‘‘1974’’. Pub. L. 98–21, § 111(b)(2), amended subpar. (A), as in ef- fect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after December 1978, by substituting ‘‘September 30’’ for ‘‘March 31’’ and ‘‘1982’’ for ‘‘1974’’. Subsec. (i)(1)(B). Pub. L. 98–21, § 112(a)(1), substituted ‘‘with respect to which the applicable increase percent- age is 3 percent or more’’ for ‘‘in which the Consumer Price Index prepared by the Department of Labor ex- ceeds, by not less than 3 per centum, such Index in the later of (i) the last prior cost-of-living computation quarter which was established under this subparagraph, or (ii) the most recent calendar quarter in which oc- curred the effective month of a general benefit increase under this subchapter’’. Subsec. (i)(1)(C) to (H). Pub. L. 98–21, § 112(a)(3), (4), added subpars. (C) to (G) and redesignated former sub- par. (C) as (H). Subsec. (i)(2)(A)(ii). Pub. L. 98–21, § 112(b), in provi- sions immediately following subcl. (III), substituted ‘‘by the applicable increase percentage’’ for ‘‘by the same percentage (rounded to the nearest one-tenth of 1 percent) as the percentage by which the Consumer Price Index for that cost-of-living computation quarter exceeds such index for the most recent prior calendar quarter which was a base quarter under paragraph (1)(A)(ii) or, if later, the most recent cost-of-living computation quarter under paragraph (1)(B)’’. Pub. L. 98–21, § 111(a)(1), substituted ‘‘December’’ for ‘‘June’’ in provisions preceding subcl. (I). Pub. L. 98–21, § 111(a)(6), amended par. (2), as in effect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after Decem- ber 1978, by substituting in the provisions preceding subpar. (A)(ii)(I) ‘‘December’’ for ‘‘June’’. Subsec. (i)(2)(A)(iii). Pub. L. 98–21, § 111(a)(2), sub- stituted ‘‘November’’ for ‘‘May’’. Subsec. (i)(2)(B). Pub. L. 98–21, § 111(a)(3), substituted ‘‘November’’ for ‘‘May’’ in two places. Pub. L. 98–21, § 111(a)(6), amended par. (2), as in effect in December 1978, and as applied in certain cases under the provisions of this chapter as in effect after Decem- ber 1978, by substituting in subpar. (B) ‘‘November’’ for ‘‘May’’ in two places. Subsec. (i)(2)(C)(iii). Pub. L. 98–21, § 112(d)(1), added cl. (iii). Subsec. (i)(4). Pub. L. 98–21, § 112(d)(2), inserted ref- erence to amendments made by section 112 of the So- cial Security Amendments of 1983. Pub. L. 98–21, § 111(c), inserted reference to amend- ments made by section 111(a)(6) and 111(b)(2) of the So- cial Security Amendments of 1983. Subsec. (i)(5). Pub. L. 98–21, § 112(c), added par. (5). 1981—Subsec. (a)(1)(A). Pub. L. 97–35, § 2206(b)(5), sub- stituted in provision following cl. (iii) ‘‘rounded, if not a multiple of $0.10, to the next lower multiple of $0.10,’’ for ‘‘rounded in accordance with subsection (g) of this section’’. Subsec. (a)(1)(C)(i). Pub. L. 97–35, § 2201(a), struck out provisions that primary insurance amount computed under subpar. (A) not be less than the dollar amount set forth on first line of column IV in table of benefits contained, or deemed to be contained in, this sub- section as in effect in December 1978, rounded, if not a multiple of $1, to next higher multiple of $1 and that no increase under subsec. (i) of this section, except as pro- vided in subsec. (i)(2)(A) of this section, apply to dollar amount so specified. Subsec. (a)(1)(C)(ii). Pub. L. 97–35, § 2201(b)(1), sub- stituted ‘‘For the purposes of clause (i)’’ for ‘‘For the purposes of clause (i)(II)’’. Subsec. (a)(3)(A). Pub. L. 97–35, § 2201(b)(2), sub- stituted ‘‘subparagraph (C)(i)’’ for ‘‘subparagraph (C)(i)(II)’’. Subsec. (a)(4). Pub. L. 97–35, § 2201(b)(3), (c)(2), sub- stituted in provision preceding subpar. (A) ‘‘subpara- graph (C)(i)’’ for ‘‘subparagraph (C)(i)(II)’’ and in provi- sion following subpar. (B) inserted ‘‘, as modified by paragraph (6)’’ after ‘‘table of benefits in effect in De- cember 1978’’ and struck out ‘‘but without regard to clauses (iv) and (v) thereof’’ after ‘‘subsection (i)(2)(A)’’. Subsec. (a)(5). Pub. L. 97–123, § 2(a)(1), struck out ‘‘, and the table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be modified as spec- ified in paragraph (6)’’, and substituted ‘‘December 1978 shall be revised’’ for ‘‘December 1978, modified by the application of paragraph (6), shall be revised’’. Pub. L. 97–35, § 2201(c)(3), inserted ‘‘, and the table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be modified as specified in paragraph (6)’’ and substituted ‘‘December 1978, modified by the applica- tion of paragraph (6), shall be revised’’ for ‘‘December 1978 shall be revised’’. Subsec. (a)(6). Pub. L. 97–123, § 2(a)(2), substituted in subpar. (A) ‘‘In applying the table of benefits in effect in December 1978 under this section for purposes of the last sentence of paragraph (4), such table, revised as provided by subsection (i), as applicable, shall be ex- tended’’ for ‘‘The table of benefits in effect in December 1978 under this section, referred to in paragraph (4) in the matter following subparagraph (B) and in para- graph (5), revised as provided by subsection (i), as appli- cable, shall be extended’’. Pub. L. 97–35, § 2201(c)(1), added par. (6). Subsec. (f)(7). Pub. L. 97–123, § 2(b), inserted provisions that effective January 1982, the recomputation shall be modified by the application of subsec. (a)(6) of this sec- tion where applicable, and struck out provision that the recomputation shall be modified by the application of subsec. (a)(6) of this section, where applicable. Pub. L. 97–35, § 2201(c)(4), inserted provision that the recomputation be modified by the application of sub- sec. (a)(6) of this section, where applicable. Subsec. (f)(8). Pub. L. 97–35, § 2201(b)(4), substituted ‘‘subsection (a)(1)(C)(i)’’ for ‘‘subsection (a)(1)(C)(i)(II)’’. Subsec. (g). Pub. L. 97–35, § 2206(a), struck out ‘‘any primary insurance amount and the amount of’’ after ‘‘The amount of’’ and substituted ‘‘(after any reduction under sections 403(a) and 424 of this title and any de- duction under section 403(b) of this title, and after any deduction under section 1395s(a)(1) of this title) is not a multiple of $1 shall be rounded to the next lower mul- tiple of $1’’ for ‘‘(after reduction under section 403(a) of this title and deductions under section 403(b) of this title) is not a multiple of $0.10 shall be raised to the next higher multiple of $0.10’’. Subsec. (i)(2)(A)(ii). Pub. L. 97–35, § 2201(b)(5), (6), in subcl. (II) struck out ‘‘(including a primary insurance amount determined under subsection (a)(1)(C)(i)(I) of this section, but subject to the provisions of such sub- section (a)(1)(C)(i) of this section and clauses (iv) and (v) of this subparagraph)’’ after ‘‘under this sub- chapter’’ and in provision following subcl. (III) sub- stituted ‘‘subparagraph (C)(i)’’ for ‘‘subparagraph (C)(i)(II)’’. Pub. L. 97–35, § 2206(b)(6), substituted in provision fol- lowing subcl. (III) ‘‘decreased to the next lower’’ for ‘‘increased to the next higher’’. Page 2005 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 Subsec. (i)(2)(A)(iii). Pub. L. 97–123, § 2(c), inserted ‘‘and, with respect to a primary insurance amount de- termined under subsection (a)(1)(C)(i)(I) in the case of an individual to whom that subsection (as in effect in December 1981) applied, subject to the provisions of subsection (a)(1)(C)(i) and clauses (iv) and (v) of this subparagraph (as then in effect)’’ after ‘‘provision of this subchapter’’. Pub. L. 97–35, § 2201(b)(7), struck out ‘‘and, with re- spect to a primary insurance amount determined under subsection (a)(1)(C)(i)(I) of this section, subject to the provisions of subsection (a)(1)(C)(i) of this section and clauses (iv) and (v) of this subparagraph’’ after ‘‘provi- sion of this subchapter’’. Subsec. (i)(2)(A)(iv). Pub. L. 97–35, § 2201(b)(8), struck out cl. (iv) which related to increases in the primary in- surance amount for individuals entitled to old-age in- surance benefits, individuals entitled to insurance ben- efits under section 402(e) and (f) of this title, increases that would otherwise apply except for provisions of this clause, and increases occurring in a later year not ap- plicable to the primary insurance amount on account of provisions of this clause. Subsec. (i)(2)(A)(v). Pub. L. 97–35, § 2201(b)(8), struck out cl. (v) which provided, that notwithstanding cl. (iv), no primary insurance amount be less than that pro- vided under subsec. (a)(1) of this section without regard to subpar. (C)(i)(I) thereof, as subsequently increased by applicable increases under this section. Subsec. (i)(2)(D). Pub. L. 97–35, § 2201(b)(9), substituted ‘‘subparagraph (C)(i)’’ for ‘‘subparagraph (C)(i)(II)’’ in two places. Subsec. (i)(4). Pub. L. 97–123, § 2(d), struck out ‘‘, modified by the application of subsec. (a)(6) of this section,’’. Pub. L. 97–35, § 2201(c)(5), inserted ‘‘, modified by the application of subsec. (a)(6) of this section,’’. Pub. L. 97–35, § 2206(b)(7), inserted ‘‘except that for this purpose, in applying paragraphs (2)(A)(ii), (2)(D)(iv), and (2)(D)(v) of this subsection as in effect in December 1978, the phrase ‘increased to the next higher multiple of $0.10’ shall be deemed to read ‘decreased to the next lower multiple of $0.10’ ’’. 1980—Subsec. (a)(4)(B). Pub. L. 96–473 substituted ‘‘re- computation’’ for ‘‘recommendation’’. Subsec. (b)(2)(A). Pub. L. 96–265, § 102(a), designated existing provisions as cl. (i), inserted provision limiting its applicability to individuals who are entitled to old- age insurance benefits (except as provided in the second sentence of this subparagraph) or who have died, and added cl. (ii) and provisions following cl. (ii). Subsec. (i)(2)(A)(ii)(III). Pub. L. 96–265, § 101(b)(3), sub- stituted ‘‘section 403(a)(7) and (8)’’ for ‘‘section 403(a)(6) and (7)’’. Subsec. (i)(2)(D). Pub. L. 96–265, § 101(b)(4), inserted sentence providing that revision of maximum family benefits shall be subject to paragraph (6) of section 403(a) of this title (as added by section 101(a)(3) of the Social Security Disability Amendments of 1980). 1977—Subsec. (a). Pub. L. 95–216, § 201(a), amended pro- visions under which primary insurance amount of an individual is determined by substituting provisions which employ a formula using percentages of different portions of the individual’s average indexed monthly earnings for provisions under which the primary insur- ance amount of an insured individual was determined through references to a five-column table covering pri- mary insurance amounts and maximum family bene- fits. Subsec. (b). Pub. L. 95–216, § 201(b), substituted provi- sions setting up a formula for determining an individ- ual’s average indexed monthly earnings using benefit computation years, computation base years, and elapsed years as factors in the determination, for provi- sions that had set a formula for determining an individ- ual’s average monthly wage. Subsec. (c). Pub. L. 95–216, § 201(c), substituted provi- sions that this subsection as in effect in Dec. 1978, will remain in effect with respect to an individual to whom subsec. (a)(1) of this section does not apply by reason of the individual’s eligibility for an old-age or disability insurance benefit, or the individual’s death, prior to 1979, for provisions under which, for the purposes of col- umn II of the latest table that had appeared in (or was deemed to have appeared in) subsec. (a) of this section, an individual’s primary insurance amount was to be computed on the basis of the law in effect prior to the month in which the latest such table had become effec- tive, but with a limitation that this subsection was to be applicable only in the case of an individual who had become entitled to benefits under section 402(a) or sec- tion 423 of this title, or who had died, before such effec- tive month. Subsec. (d)(1)(A). Pub. L. 95–216, § 201(d)(1), inserted provisions in subsec. (d)(1)(A) and preceding introduc- tory provision directing that existing references to sub- secs. (a) and (b) of this section be deemed reference to such subsecs. (a) and (b) as they were in effect in Dec. 1977. Subsec. (d)(1)(B). Pub. L. 95–216, § 201(d)(1), made a parenthetical insertion which limited the existing ref- erences to subpars. (B) and (C) of subsec. (b)(2) of this section to those provisions as they had been in effect in Dec. 1977, and introduced a simplified method, using the concept of a divisor and a quotient, for computing the primary insurance amounts of workers age 21 after 1936 and before 1951 when wages before 1951 are included in the computations. Subsec. (d)(1)(D). Pub. L. 95–216, § 201(d)(2), sub- stituted ‘‘40 percent’’ for ‘‘45.6 per centum’’ and ‘‘plus 10 percent of the next $200 of his average monthly wage, increased by 1 percent for each increment year’’ for ‘‘plus 11.4 per centum of the next $200 of such average monthly wage’’ in existing provisions and inserted pro- visions that the number of increment years in the num- ber, not more than 14 nor less than 4, that is equal to the individual’s total wages prior to 1951 divided by $1,650 (disregarding any fraction). Subsec. (d)(3). Pub. L. 95–216, § 201(d)(3), struck out re- quirement that when wages prior to 1951 are included in computing the average monthly wages of an individual who attains age 21 after 1936 and prior to 1951, the present law computation provisions in effect before the Social Security Amendments of 1967 must be used. Subsec. (d)(4). Pub. L. 95–216, § 201(d)(4), added par. (4). Subsec. (e)(1). Pub. L. 95–216, § 201(e), substituted ‘‘av- erage indexed monthly earnings or, in the case of an in- dividual whose primary insurance amount is computed under subsection (a) as in effect prior to January 1979, average monthly wage’’ for ‘‘average monthly wage’’ and ‘‘(before the application, in the case of average in- dexed monthly earnings, of subsection (b)(3)(A)) of (A) the wages paid to him in such year’’ for ‘‘of (A) the wages paid to him in such year’’. Subsec. (e)(2). Pub. L. 95–216, § 201(e), substituted ‘‘av- erage indexed monthly earnings or, in the case of an in- dividual whose primary insurance amount is computed under subsection (a) as in effect prior to January 1979, average monthly wage’’ for ‘‘average monthly wage’’. Subsec. (f)(2). Pub. L. 95–216, § 201(f)(1), generally ex- panded provisions for recomputing primary insurance amounts for individuals with wages or self-employment income for years after 1978 for any part of which the in- dividuals are entitled to old-age or disability insurance benefits. Subsec. (f)(3). Pub. L. 95–216, § 201(f)(2), struck out par. (3) which had provided for the recomputation of pri- mary insurance amounts for workers who had self-em- ployment income in 1952 and who had applied for bene- fits or died prior to 1961. Subsec. (f)(4). Pub. L. 95–216, § 201(f)(3), substituted ‘‘A recomputation shall be effective under this subsection only if it increases the primary insurance amount by at least $1’’ for ‘‘Any recomputation under this subsection shall be effective only if such recomputation results in a higher primary insurance amount’’. Subsec. (f)(7), (8). Pub. L. 95–216, § 201(f)(4), added pars. (7) and (8). Subsec. (i)(2)(A)(ii). Pub. L. 95–216, § 201(g)(1), specified that an automatic benefit increase effective for June of Page 2006 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 a year in which the Secretary determines that a cost- of-living computation quarter, which triggers such an increase, has occurred will apply to benefits of those entitled to special payments under sections 427 and 428 of this title, to the primary insurance amounts on which beneficiaries are entitled including the frozen minimum primary insurance amounts and special min- imum primary insurance amounts, and to the max- imum family benefits at the same time as the primary insurance amounts on which they are based, where a primary insurance amount was computed under the law in effect in December 1978 will be increased at the same time as the primary insurance amounts, except as pro- vided in section 403(a)(6) and (7) of this title. Subsec. (i)(2)(A)(iii) to (v). Pub. L. 95–216, § 201(g)(2), added cls. (iii) to (v). Subsec. (i)(2)(D). Pub. L. 95–216, § 201(g)(3), substituted provisions directing publication in the Federal Register of revisions of the range of primary insurance amounts and of the range of maximum family benefits for provi- sions that had directed publication of the revision of the table of benefits formerly set out in subsec. (a) and had set out the method of determining the revision of the table. Subsec. (i)(2)(D)(v). Pub. L. 95–216, § 103(d), substituted in cl. (v) ‘‘is equal to, or exceeds by less than $5, one- twelfth of the new contribution and benefit base’’ for ‘‘is equal to one-twelfth of the new contribution and benefit base’’ in second sentence and ‘‘plus 20 percent of the excess of the second figure in the last line of col- umn III as extended under the preceding sentence over such second figure for the calendar year in which the table of benefits is revised’’ for ‘‘plus 20 percent of one- twelfth of the excess of the new contribution and ben- efit base for the calendar year following the calendar year in which such table of benefits is revised (as deter- mined under section 430 of this title) over such base for the calendar year in which the table of benefits is re- vised’’ in third sentence. Subsec. (i)(4). Pub. L. 95–216, § 201(g)(4), added par. (4). 1973—Subsec. (a). Pub. L. 93–233, § 2(a), in revising benefits table: in column II, substituted ‘‘Primary in- surance amount effective for September 1972’’ for ‘‘Pri- mary insurance amount under 1971 Act’’ and increased benefit amounts to $84.50–$404.50 from $70.40–$295.40; in column III, increased benefit amounts to $76 to $1,096–$1,100 from $76 to $996–$1,000; in column IV, in- creased benefit amounts to $93.80–$469.00 from $84.50–$404.50; and in column V, increased benefit amounts to $140.80–$820.80 from $126.80–$707.90. Subsec. (a)(3). Pub. L. 93–233, § 1(h)(1), substituted ‘‘$9.00’’ for ‘‘$8.50’’. Subsec. (e)(1). Pub. L. 93–233, § 5(a)(4), substituted ‘‘$13,200’’ for ‘‘$12,600’’. Pub. L. 93–66 substituted ‘‘$12,600’’ for ‘‘$12,000’’. Subsec. (i)(1)(A)(i). Pub. L. 93–233, § 3(a), substituted ‘‘calendar quarter ending on March 31 in each year after 1974’’ for ‘‘calendar quarter ending on June 30 in each year after 1972’’. Subsec. (i)(1)(B)(ii). Pub. L. 93–233, § 3(b), substituted in exception provision ‘‘if in the year prior to such year a law has been enacted providing a general benefit in- crease under this subchapter or if in such prior year such a general benefit increase becomes effective’’ for ‘‘in which a law has been enacted providing a general benefit increase under this subchapter or in which such a benefit increase becomes effective’’. Subsec. (i)(2)(A)(i). Pub. L. 93–233, § 3(c), substituted ‘‘1975’’ for ‘‘1974’’ and struck out ‘‘and to subparagraph (E) of this paragraph’’ after ‘‘paragraph (1)(B)’’. Subsec. (i)(2)(A)(ii). Pub. L. 93–233, § 3(d)(1)–(3), sub- stituted ‘‘the base quarter in any year’’ and ‘‘June of such year’’ for ‘‘such base quarter’’ and ‘‘January of the next calendar year’’ and struck out ‘‘(subject to sub- paragraph (E))’’ before ‘‘as provided in subparagraph (B)’’, respectively. Subsec. (i)(2)(B). Pub. L. 93–233, § 3(e), substituted ‘‘May’’ for ‘‘December’’ in two places and struck out ‘‘(subject to subparagraph (E))’’ after ‘‘shall apply’’. Subsec. (i)(2)(C)(ii). Pub. L. 93–233, § 3(f), substituted ‘‘within 30 days after the close of such quarter’’ for ‘‘on or before August 15 of such calendar year’’. Subsec. (i)(2)(D). Pub. L. 93–233, § 3(g), substituted ‘‘within 45 days after the close of such quarter’’ for ‘‘on or before November 1 of such calendar year’’. Subsec. (i)(2)(E). Pub. L. 93–233, § 3(h), struck out sub- par. (E) providing that ‘‘Notwithstanding a determina- tion by the Secretary under subparagraph (A) that a base quarter in any calendar year is a cost-of-living computation quarter (and notwithstanding any notifi- cation or publication thereof under subparagraph (C) or (D)), no increase in benefits shall take effect pursuant thereto, and such quarter shall be deemed not to be a cost-of-living computation quarter, if during the cal- endar year in which such determination is made a law providing a general benefit increase under this sub- chapter is enacted or becomes effective.’’ 1972—Subsec. (a). Pub. L. 92–336, § 202(a)(3)(A), in- serted ‘‘(or, if larger, the amount in column IV of the latest table deemed to be such table under subsection (i)(2)(D))’’ after ‘‘the following table’’ in par. (1)(A), and ‘‘(whether enacted by another law or deemed to be such table under subsection (i)(2)(D))’’ after ‘‘effective month of a new table’’ in par. (2). Pub. L. 92–336, § 201(a), revised benefits table by sub- stituting ‘‘Primary insurance amount under 1971 Act’’ for ‘‘Primary insurance amount under 1969 Act’’ and $70.40–$295.40 for $64.00 or less—$250.70 in column II, add- ing $751–$996 under minimum average monthly wage subcolumn of column III, adding $755–$1000 under max- imum average monthly wage subcolumn of column III, substituting $84.50–$404.50 for $70.40–$295.40 in column IV, and $126.80–$707.90 for $105.60–$517.00 in column V. Pub. L. 92–336, § 201(c), inserted ‘‘The primary insur- ance amount of an insured individual shall be deter- mined as follows:’’ after ‘‘(a)’’, redesignated introduc- tory material and pars. (1) to (3) as par. (1) and subpars. (A) to (C) respectively, and as so redesignated, in par. (1) inserted provision relating to exception in par. (2) and in subpars. (A) to (C) made changes in phraseology, and redesignated par. (4) as par. (2) and as so redesig- nated, inserted provisions relating to determination of primary insurance amount where individual was enti- tled to disability insurance benefits under section 423 of this title. Subsec. (a)(1). Pub. L. 92–603, § 101(a)(1), inserted ref- erence to paragraph (3) in provisions preceding subpar. (A). Subsec. (a)(2). Pub. L. 92–603, § 101(c), designated exist- ing provisions as subpar. (A), inserted ‘‘(whether en- acted by another law or deemed to be such table under subsection (i)(2)(D) of this section)’’, and added subpar. (B). Subsec. (a)(3). Pub. L. 92–603, § 101(a)(2), added par. (3) and provisions following such par. (3) covering the indi- vidual’s ‘‘years of coverage’’ for purposes of par. (3). Pub. L. 92–603, § 144(a)(1), substituted in column II ‘‘254.40’’ for ‘‘251.40’’ and in column III ‘‘696’’ for ‘‘699’’. Subsec. (b)(3). Pub. L. 92–603, § 104(b), struck out pro- visions setting a separate age computation point for women and reduced from age 65 to age 62 the age com- putation point for men. Subsec. (b)(4). Pub. L. 92–336, § 202(a)(3)(B), substituted provisions relating to an individual who becomes enti- tled to benefits in or after the month in which a new table that appears in (or is deemed by subsec. (i)(2)(D) to appear in) subsec. (a) becomes effective for provi- sions relating to an individual who becomes entitled to benefits after August 1972 in subpar. (A), substituted provisions relating to an individual who dies in or after the month in which such table becomes effective for provisions relating to an individual who dies after Au- gust 1972 in subpar. (B), and added subpar. (C). Pub. L. 92–336, § 201(d), substituted ‘‘August 1972’’ for ‘‘December 1970’’ in two places. Subsec. (c). Pub. L. 92–336, § 202(a)(3)(C), substituted provisions relating to the computation of an individ- ual’s primary insurance amount based on the law in ef- fect prior to the month in which the latest table ap- pearing in (or is deemed to be appearing in) subsec. (a) of this section becomes effective, for provisions relat- ing to the computation of an individual’s primary in- Page 2007 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 surance amount based on the law in effect prior to Sep- tember 1972 in subpar. (1), and substituted ‘‘, or who died, before such effective month’’ for ‘‘before Sep- tember 1972, or who died before such month’’ in subpar. (2). Pub. L. 92–336, § 201(e), substituted ‘‘September 1972’’ for ‘‘March 17, 1971’’ in two places, and ‘‘month’’ for ‘‘date’’. Subsec. (d)(1)(C)(iv). Pub. L. 92–603, § 142(b), added cl. (iv). Subsec. (d)(2). Pub. L. 92–603, §§ 134(b), 142(c), inserted references to subsec. (f)(6) of this section and section 431 of this title. Subsec. (e)(1). Pub. L. 92–336, § 203(a)(4), inserted pro- visions eliminating from the computation of an indi- vidual’s average monthly wage excess amounts in cal- endar years after 1971 and before 1975, and excess over amounts equal to the contribution and benefit base in the case of any calendar year after 1974 with respect to which such contribution and benefit base is effective. Subsec. (f)(2). Pub. L. 92–603, §§ 101(d), 134(a)(1), in- serted reference to subsec. (a)(3) of this section in pro- visions preceding subpar. (A) and in subpar. (B) struck out provision relating to any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as re- muneration for employment under section 405(o) of this title. Pub. L. 92–336, § 201(f), substituted ‘‘subsection (a)(1) (A) and (C) of this section’’ for ‘‘subsection (a) (1) and (3) of this section.’’ Subsec. (f)(6). Pub. L. 92–603, § 134(a)(2), added par. (6). Subsec. (i). Pub. L. 92–336, § 202(a)(1), added subsec. (i). Subsec. (i)(2)(A)(ii). Pub. L. 92–603, § 101(e), inserted ‘‘(but not including a primary insurance amount deter- mined under subsection (a)(3) of this section)’’ after ‘‘under this subchapter’’. 1971—Subsec. (a). Pub. L. 92–5, § 201(a), revised bene- fits table by: substituting ‘‘Primary insurance amount under 1969 Act’’ for ‘‘Primary insurance amount under 1967 Act’’ and $64.00 or less—$250.70 for $55.40 or less— $218.00 in column II, adding $653–$746 under minimum average monthly wage subcolumn of column III, strik- ing out $650 and adding $652–$750 under maximum aver- age monthly wage subcolumn of column III, sub- stituting $70.40–$295.40 for $64.00–$250.70 in column IV, and $105.60–$517.00 for $96.00–$434.40 in column V. Subsec. (b)(4). Pub. L. 92–5, § 201(c), substituted ‘‘De- cember 1970’’ for ‘‘December 1969’’ in two places. Subsec. (c). Pub. L. 92–5, § 201(d), substituted ‘‘prior to March 17, 1971’’ for ‘‘prior to December 30, 1969’’ in sub- par. 1, and substituted ‘‘before March 17, 1971, or who died before such date’’ for ‘‘before January 1970, or who died before such month’’ in subpar. 2. Subsec. (e)(1). Pub. L. 92–5, § 203(a)(4), substituted ‘‘the excess over $7,800 in the case of any calendar year after 1967 and before 1972, and the excess over $9,000 in the case of any calendar year after 1971’’ for ‘‘and the excess over $7,800 in the case of any calendar year after 1967’’. 1969—Subsec. (a). Pub. L. 91–172, § 1002(a), revised ben- efits table to increase: the primary insurance amount limits to $64.00–$250.70 for people whose average month- ly wage is $76.00 or less for the minimum, and $650.00 for the maximum, the primary insurance amounts of re- tired workers on the benefit rolls from $48.00 or less to $55.40 at the minimum, and from $168.00 to $218.00 at the maximum, and the family benefits limits to $96.00–$434.40 from $82.50–$434.40. Subsec. (b)(4). Pub. L. 91–172, § 1002(c), substituted ref- erences to December 1969 for references to January 1968. Subsec. (c). Pub. L. 91–172, § 1002(d), substituted ‘‘De- cember 30, 1969’’ for ‘‘January 2, 1968’’ in subpar. (1), and ‘‘January 1970’’ for ‘‘February 1968’’ in subpar. (2). 1968—Subsec. (a). Pub. L. 90–248, § 101(a), revised bene- fits table to increase: the primary insurance amount limits to $55.00—$218.00 for people whose average monthly wage is $74.00 or less for the minimum and $650.00 for the maximum, the primary insurance amounts of retired workers on the benefit rolls from $48.00 or less to $55.00 at the minimum and from $168.00 to $189.90 at the maximum, and the family benefit lim- its to $82.50–$434.40 from $66.00–$368.00. Subsec. (b)(4). Pub. L. 90–248, § 101(c)(1), amended par. (4) generally, substituting ‘‘January 1968’’ for ‘‘Decem- ber 1965’’ in subpars. (A) and (B), striking out ‘‘, as amended by the Social Security Amendments of 1965;’’ at end of subpar. (C), and striking out provision that the subsection would not apply to any individual de- scribed therein for purposes of monthly benefits for months before January 1966. Subsec. (b)(5). Pub. L. 90–248, § 101(c)(2), struck out par. (5) which preserved the method in effect before the enactment of the 1965 amendments of computing aver- age monthly earnings for people who become entitled to benefits or a recomputation of benefits before 1966. Subsec. (c). Pub. L. 90–248, § 101(d), substituted ‘‘1965 Act’’ for ‘‘1958 Act, as modified’’ in heading and ‘‘on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967’’ for ‘‘as provided in, and subject to the limitations specified in, (A) this section as in effect prior to July 30, 1965 and (B) the ap- plicable provisions of the Social Security Amendments of 1960’’ in par. (1) and ‘‘the month of February 1968, or who died before such month’’ for ‘‘July 30, 1965 or who died before such date’’ in par. (2). Subsec. (d)(1). Pub. L. 90–248, § 155(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘For the purposes of column I of the table appear- ing in subsection (a) of this section, an individual’s pri- mary insurance benefit shall be computed as provided in this subchapter as in effect prior to August 28, 1950, except that— ‘‘(A) In the computation of such benefit, such indi- vidual’s average monthly wage shall (in lieu of being determined under section 409(f) of this title as in ef- fect prior to August 28, 1950) be determined as pro- vided in subsection (b) of this section (but without re- gard to paragraphs (4) and (5) thereof), except that for the purposes of paragraphs (2)(C) and (3) of subsection (b) of this section, 1936, shall be used instead of 1950. ‘‘(B) For purposes of such computation, the date he became entitled to old-age insurance benefits shall be deemed to be the date he became entitled to primary insurance benefits. ‘‘(C) The 1 per centum addition provided for in sec- tion 409(e)(2) of this title as in effect prior to August 28, 1950 shall be applicable only with respect to cal- endar years prior to 1951, except that any wages paid in any year prior to such year all of which was in- cluded in a period of disability shall not be counted. ‘‘(D) The provisions of subsection (e) of this section shall be applicable to such computation.’’ Subsec. (d)(2)(B), (C). Pub. L. 90–248, § 155(a)(2), struck out subpar. (B), redesignated subpar. (C) as (B), inserted exception phrase at beginning of subpar. (B), and added subpar. (C). Subsec. (d)(3). Pub. L. 90–248, § 155(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The provisions of this subsection as in effect prior to September 13, 1960 shall be applicable in the case of an individual who meets the requirements of subsection (b)(5) of this section (as in effect after Sep- tember 13, 1965).’’ Subsec. (e)(1). Pub. L. 90–248, § 108(a)(4), substituted ‘‘the excess over $6,600 in the case of any calendar year after 1965 and before 1968, and the excess over $7,800 in the case of any calendar year after 1967’’ for ‘‘and the excess over $6,600 in the case of any calendar year after 1965’’. Subsec. (f)(2). Pub. L. 90–248, § 155(a)(4), (5), struck out subpars. (A) to (D) and text preceding (A) by sub- stituting provisions that if an individual has wages or self-employment income for a year after 1965 for any part of which he is entitled to old-age insurance bene- fits, the Secretary is to recompute his primary insur- ance amount with respect to each such year, and that such recomputation shall be made as provided in sub- sec. (a)(1) and (3) as though the year with respect to Page 2008 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 which such recomputation is made is the last year of the period specified in subsec. (b)(2)(C) for former provi- sions for a recomputation with respect to each year after Dec. 31, 1964, and for any part of which an indi- vidual was entitled to old-age insurance benefits, that such recomputation was to be made as provided in sub- sec. (a)(1) and (3) if such year was either the year in which he became entitled to such old-age insurance benefits or the preceding year or as provided in subsec. (a)(1) in any other case, and that in all cases such re- computation was to be made as though the year with respect to which it was to be made was the last year of the period specified in subsec. (b)(2)(C); and redesig- nated subpars. (E) and (F) as (A) and (B). Subsec. (f)(5). Pub. L. 90–248, § 155(a)(6), added par. (5). Subsec. (h)(1). Pub. L. 90–248, § 403(b), substituted ‘‘subchapter III of chapter 83 of title 5’’ for ‘‘the Civil Service Retirement Act’’ in two places. 1965—Subsec. (a). Pub. L. 89–97, § 301(a), revised the benefits table to increase: the primary insurance amount limits to $44–$168 for people whose average monthly wage is $67 or less for the minimum and $550 for the maximum from $40–$127 for people whose aver- age monthly wage is $67 or less for the minimum and $400 for the maximum (representing an increase of 7- percent for average monthly wages of $400 or less with minimum increase of $4); the primary insurance amounts of retired workers on the benefit rolls from $40 to $44 at the minimum and from $127 to $135.90 at the maximum; and the family benefit limits to $66–$368 from $60–$254 (determined on basis of new formula and representing minimum increase of $6). Subsec. (a)(4). Pub. L. 89–97, § 304(k), substituted ‘‘the primary insurance amount upon which such disability insurance benefit is based’’ for ‘‘such disability insur- ance benefit’’. Pub. L. 89–97, § 303(e), amended introductory provi- sions generally. Prior to amendment, introductory pro- visions read as follows: ‘‘In the case of— ‘‘(A) a woman who was entitled to a disability in- surance benefit for the month before the month in which she died or became entitled to old-age insur- ance benefits, or ‘‘(B) a man who was entitled to a disability insur- ance benefit for the month before the month in which he died or attained age 65,’’. Subsec. (b)(2)(C). Pub. L. 89–97, § 302(a)(1), excluded from an insured individual’s computation base years the year in which he became entitled to benefits and in- cluded in his computation base years (for purposes of survivors’ benefits) the year in which he died to make an individual’s computation base years the calendar years occurring after 1950 and up to the year in which his first month of entitlement to a benefit occurred or the year after the year in which he died. Subsec. (b)(3)(A) to (C). Pub. L. 89–97, § 302(a)(2), sub- stituted in: cl. (A) ‘‘, if it occurred earlier but after 1960, the year in which she attained age 62,’’ for ‘‘(if earlier) the first year after 1960 in which she both was fully insured and had attained age 62.’’; cl. (B) ‘‘, if it occurred earlier but after 1960, the year in which he at- tained age 65’’ for ‘‘(if earlier) the first year after 1960 in which he both was fully insured and had attained age 65’’; and cl. (C) ‘‘the year occurring after 1960 in which he attained (or would attain) age 65’’ for ‘‘the first year after 1960 in which he attained (or would attain) age 65 or (if later) the first year in which he was fully in- sured’’. Subsec. (b)(4), (5). Pub. L. 89–97, § 302(a)(3), amended pars. (4) and (5) generally. Prior to amendment, pars. (4) and (5) read as follows: ‘‘(4) The provisions of this subsection shall be appli- cable only in the case of an individual with respect to whom not less than six of the quarters elapsing after 1950 are quarters of coverage, and— ‘‘(A) who becomes entitled to benefits after Decem- ber 1960 under section [section 402(a) or section 423 of this title]; or ‘‘(B) who dies after December 1960 without being en- titled to benefits under section [section 402(a) or sec- tion 423 of this title]; or ‘‘(C) who files an application for a recomputation under subsection (f)(2)(A) of this section after Decem- ber 1960 and is (or would, but for the provisions of subsection (f)(6) of this section, be) entitled to have his primary insurance amount recomputed under sub- section (f)(2)(A) of this section; or ‘‘(D) who dies after December 1960 and whose sur- vivors are (or would, but for the provisions of sub- section (f)(6) of this section, be) entitled to a re- computation of his primary insurance amount under subsection (f)(4) of this section. ‘‘(5) In the case of any individual— ‘‘(A) to whom the provisions of this subsection are not made applicable by paragraph (4), but ‘‘(B)(i) prior to 1961, met the requirements of this paragraph (including subparagraph (E) thereof) as in effect prior to the enactment of the Social Security Amendments of 1960, or (ii) after 1960, meets the con- ditions of subparagraph (E) of this paragraph as in ef- fect prior to such enactment, then the provisions of this subsection as in effect prior to such enactment shall apply to such individual for the purposes of column III of the table appearing in subsection (a) of this section.’’ Subsec. (c). Pub. L. 89–97, § 301(b), substituted in par. (1)(A) ‘‘prior to the enactment of the Social Security Amendments of 1965’’ and executed in the Code ‘‘prior to July 30, 1965’’ for ‘‘prior to the enactment of the So- cial Security Amendments of 1958’’ and executed in the Code ‘‘prior to August 28, 1958’’; in par. (1)(B) ‘‘Social Security Amendments of 1960’’ for ‘‘Social Security Amendments of 1954’’; in par. (2), formerly designated (2)(A), ‘‘before July 30, 1965 or who died before such date’’ for ‘‘or died prior to January 1959’’; and deleted par. (2)(B) making the provisions of the subsection ap- plicable only in the case of an individual ‘‘to whom the provisions of neither paragraph (4) nor paragraph (5) of subsection (b) of this section are applicable.’’ Subsec. (d)(1)(A). Pub. L. 89–97, § 302(b)(1), substituted ‘‘(2)(C) and (3)’’ for ‘‘(2)(C)(i) and (3)(A)(i)’’, ‘‘1936’’ for ‘‘December 31, 1936,’’ and ‘‘1950’’ for ‘‘December 31, 1950’’. Subsec. (d)(3). Pub. L. 89–97, § 302(b)(2), substituted ‘‘1965’’ for ‘‘1960’’ and struck out before period at end ‘‘but without regard to whether such individual has six quarters of coverage after 1950’’. Subsec. (e)(1). Pub. L. 89–97, § 320(a)(4), substituted ‘‘the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965’’ for ‘‘and the excess over $4,800 in the case of any calendar year after 1958’’. Subsec. (e)(3). Pub. L. 89–97, § 302(c), struck out par. (3) which provided that for the purposes of subsecs. (b) and (d) of this section, if an individual had self-employ- ment income in a taxable year which began prior to the calendar year in which he became entitled to old-age insurance benefits and ended after the last day of the month preceding the month in which he became so en- titled, his self-employment income in such taxable year should not be counted in determining his benefit com- putation years, except as provided in subsection (f)(3)(C) of this section. Subsec. (f)(2). Pub. L. 89–97, § 302(d)(1), substituted provisions for annual automatic recomputation of ben- efits, taking into account any earnings the person had in or after the year in which he became entitled to ben- efits, and effective in the case of a living beneficiary with January of the year following the year in which the earnings were received and in death cases for sur- vivors’ benefits beginning with the month of death for former provisions which required an application for the recomputation to include earnings in a year after enti- tlement and that the person have six quarters of cov- erage after 1950 to qualify for the recomputation and was not available unless the person had earnings of more than $1,200 for the year. Subsec. (f)(3). Pub. L. 89–97, § 302(d)(2), redesignated par. (5) as (3) and repealed former par. (3) which pro- vided for a recomputation of benefits to include earn- Page 2009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 ings in the year of entitlement to benefits or in the year in which an individual’s benefits were recomputed on account of additional earnings and is now covered by the annual automatic recomputation of benefits pro- vision of subsec. (f)(2) of this section. Subsec. (f)(4). Pub. L. 89–97, § 302(d)(2), redesignated par. (6) as (4) and repealed former par. (4) which pro- vided for a recomputation of benefits for the purpose of paying benefits to survivors of an individual who died after 1960 and who had been entitled to old-age insur- ance benefits and is now covered by the annual auto- matic recomputation of benefits provision of subsec. (f)(2) of this section. Subsec. (f)(5), (6). Pub. L. 89–97, § 302(d)(2), redesig- nated pars. (5) and (6) as (3) and (4), respectively. Subsec. (f)(7). Pub. L. 89–97, § 302(d)(2), repealed par. (7) which provided for recomputation at age 65 of the benefits of an individual who became entitled to bene- fits before that age and is now covered by the annual automatic recomputation of benefits provision of sub- sec. (f)(2) of this section. 1961—Subsec. (a). Pub. L. 87–64, §§ 101(a), 102(d)(1), in- creased minimum primary insurance amount from $33 to $40, and minimum family benefit from $53 to $60, and in the case of a man, limited provisions which permit the primary insurance amount to be equal to the dis- ability insurance benefit for the month before the month in which the man became entitled to old-age in- surance benefits only if the man first became entitled to old-age insurance benefits at age 65. Subsec. (b)(3). Pub. L. 87–64, § 102(d)(2), substituted ‘‘For purposes of paragraph (2), the number of an indi- vidual’s elapsed years is the number of calendar years after 1950 (or, if later, the year in which he attained age 21) and before— ‘‘(A) in the case of a woman, the year in which she died or (if earlier) the first year after 1960 in which she both was fully insured and had attained age 62, ‘‘(B) in the case of a man who has died, the year in which he died or (if earlier) the first year after 1960 in which he both was fully insured and had attained age 65, or ‘‘(C) in the case of a man who has not died, the first year after 1960 in which he attained (or would attain) age 65 or (if later) the first year in which he was fully insured’’ for the following provisions: ‘‘For the purposes of para- graph (2), an individual’s ‘elapsed years’ shall be the number of calendar years— ‘‘(A) after (i) December 31, 1950, or (ii) if later, De- cember 31 of the year in which he attained the age of twenty-one, and ‘‘(B) prior to (i) the year in which he died, or (ii) if earlier, the first year after December 31, 1960, in which he both was fully insured and had attained re- tirement age.’’ Subsec. (f)(7). Pub. L. 87–64, § 102(d)(3), added par. (7). 1960—Subsec. (b)(1). Pub. L. 86–778, § 303(a), sub- stituted provisions defining ‘‘average monthly wage’’ as the quotient obtained by dividing (A) the total of an individual’s wages paid in and self-employment income credited to his benefit computation years, by (B) the number of months in such years, for provisions which defined the term as the quotient obtained by dividing the total of his wages and self-employment income after his starting date and prior to his closing date by the number of months elapsing after such starting date and prior to such closing date, excluding the months in any year prior to the year in which the individual at- tained the age of 22 if less than two quarters of such prior years were quarters of coverage and the months in any year any part of which was included in a period of disability except the months in the year in which such period of disability began if their inclusion will result in a higher primary insurance amount. Subsec. (b)(2). Pub. L. 86–778, § 303(a), substituted pro- visions relating to benefit computation years and to computation base years for provisions which defined an individual’s starting date as December 31, 1950, or if later, the last day of the year in which he attains the age of 21, whichever results in the higher primary in- surance amount. Subsec. (b)(3). Pub. L. 86–778, § 303(a), substituted pro- visions defining an individual’s elapsed years for provi- sions which defined an individual’s closing date as the first day of the year in which he died or became enti- tled to old-age insurance benefits, whichever first oc- curred, or the first day of the first year in which he both was fully insured and had attained retirement age, whichever results in the higher primary insurance amount. Subsec. (b)(4). Pub. L. 86–778, § 303(a), substituted pro- visions prescribing the applicability of subsec. (f) for provisions which required the Secretary to determine the five or fewer calendar years after an individual’s starting date and prior to his closing date which, if the months of such years and his wages and self-employ- ment income for such years were excluded in com- puting his average monthly wage, would produce the highest primary insurance amount, and which required exclusion of such months and such wages and self-em- ployment income for purposes of computing an individ- ual’s average monthly wage. Subsec. (b)(5). Pub. L. 86–778, § 303(a), substituted pro- visions making subsec. (f) applicable in the case of an individual to whom the provisions of subsec. (f) are not made applicable by par. (4) but prior to 1961, met the re- quirements of this paragraph as in effect prior to Sept. 13, 1960, or, after 1960, meets the conditions of subpar. (E) of this paragraph as in effect prior to Sept. 13, 1960, for provisions which prescribed the applicability of sub- sec. (f) of this section. Former provisions of par. (5) were covered by par. (4) of this section. Subsec. (c)(2)(B). Pub. L. 86–778, § 303(b), substituted ‘‘to whom the provisions of neither paragraph (4) nor paragraph (5) of subsection (b) of this section are appli- cable’’ for ‘‘to whom the provisions of paragraph (5) of subsection (b) of this section are not applicable’’. Subsec. (d)(1)(A). Pub. L. 86–778, § 303(c)(1), substituted ‘‘be determined as provided in subsection (b) of this section (but without regard to paragraphs (4) and (5) thereof), except that for the purposes of paragraphs (2)(C)(i) and (3)(A)(i) of subsection (b) of this section, December 31, 1936, shall be used instead of December 31, 1950’’ for ‘‘be determined as provided in subsection (b) of this section (but without regard to paragraph (5) thereof), except that his starting date shall be Decem- ber 31, 1936’’. Subsec. (d)(1)(C). Pub. L. 86–778, § 303(c)(2), substituted ‘‘all of which was included’’ for ‘‘any part of which was included’’, and struck out provisions which required the wages paid in the year in which the period of dis- ability began to be counted if the counting of such wages would result in a higher primary insurance amount. Subsec. (d)(2)(B). Pub. L. 86–778, § 303(c)(3), substituted ‘‘paragraph (4) of subsection (b) of this section’’ for ‘‘paragraph (5) of subsection (b) of this section’’. Subsec. (d)(3). Pub. L. 86–778, § 303(c)(4), added par. (3). Subsec. (e)(3). Pub. L. 86–778, § 303(d)(1), substituted ‘‘if an individual has self-employment income in a tax- able year which begins prior to the calendar year in which he becomes entitled to old-age insurance benefits and ends after the last day of the month preceding the month in which he becomes so entitled, his self-em- ployment income in such taxable year shall not be counted in determining his benefit computation years’’ for ‘‘if an individual’s closing date is determined under paragraph (3)(A) of subsection (b) of this section and he has self-employment income in a taxable year which begins prior to such closing date and ends after the last day of the month preceding the month in which he be- comes entitled to old-age insurance benefits, there shall not be counted, in determining his average monthly wage, his self-employment income in such taxable year’’. Subsec. (e)(4). Pub. L. 86–778, § 303(d)(2), struck out par. (4) which prohibited, in computing an individual’s average monthly wage, the counting of any wages paid such individual in any year any part of which was in- Page 2010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 cluded in a period of disability, or any self-employment income of such individual credited pursuant to section 412 of this title to any year any part of which was in- cluded in a period of disability, unless the months of such year are included as elapsed months pursuant to subsec. (b)(1)(B) of this section. Subsec. (f)(2)(A). Pub. L. 86–778, § 303(e)(1), substituted ‘‘1960’’ for ‘‘1954’’ in opening provisions, and ‘‘filed such application after such calendar year’’ for ‘‘filed such application no earlier than six months after such cal- endar year’’ in cl. (iii). Subsec. (f)(2)(B). Pub. L. 86–778, § 303(e)(2), substituted provisions requiring a recomputation pursuant to sub- par. (A) to be made only as provided in subsec. (a)(1) of this section, if the provisions of subsec. (b) of this sec- tion, as amended by Pub. L. 86–778, were applicable to the last previous computation of the individual’s pri- mary insurance amount, or as provided in subsec. (a)(1) and (3) of this section in all other cases for provisions which required a recomputation to be made only as provided in subsec. (a) of this section, inserted provi- sions requiring the computation base years, if cl. (i) of this subparagraph is applicable to such recomputation, to include only calendar years occurring prior to the year in which he filed his application for such recompu- tation, and struck out provisions which prescribed the method of making the recomputation if subsec. (b)(4) of this section were applicable to the previous computa- tion. Subsec. (f)(3)(A). Pub. L. 86–778, § 303(e)(3), substituted ‘‘December 1960’’ for ‘‘August 1954’’ in two places, struck out provisions which related to applications by individuals whose primary insurance amount was re- computed under section 102(e)(5) or 102(f)(2)(B) of the Social Security Amendments of 1954, and substituted ‘‘except that such individual’s computation base years referred to in subsection (b)(2) of this section shall in- clude the calendar year referred to in the preceding sentence’’ for ‘‘except that his closing date for purposes of subsection (b) of this section shall be the first day of the year following the year in which he became enti- tled to old-age insurance benefits or in which he filed his application for the last recomputation (to which he was entitled) of his primary insurance amount under any provision of law referred to in clause (ii) or (iii) of the preceding sentence, whichever is later’’. Subsec. (f)(3)(B). Pub. L. 86–778, § 303(e)(3), substituted ‘‘December 1960’’ for ‘‘August 1954’’ in three places, struck out provisions which related to individuals whose primary insurance amount was recomputed under section 102(e)(5) or section 102(f)(2) of the Social Security Amendments of 1954, and individuals with re- spect to whom the last previous computation or re- computation of their primary insurance amount was based upon a closing date determined under subpar. (A) or (B) of subsec. (b)(3) of this section, and substituted ‘‘except that such individual’s computation base years referred to in subsection (b)(2) of this section shall in- clude the calendar year in which he died in the case of an individual who was not entitled to old-age insurance benefits at the time of death or whose primary insur- ance amount was recomputed under paragraph (4) of this subsection, or in all other cases, the calendar year in which he filed his application for the last previous computation of his primary insurance amount’’ for ‘‘ex- cept that his closing date for purposes of subsection (b) of this section shall be the day following the year of death in case he died without becoming entitled to old- age insurance benefits, or in case he was entitled to old-age insurance benefits, the day following the year in which was filed the application for the last previous computation of his primary insurance amount or in which the individual died, whichever first occurred’’. Subsec. (f)(3)(C). Pub. L. 86–778, § 303(e)(3), substituted ‘‘In the case of an individual who becomes entitled to old-age insurance benefits in a calendar year after 1960, if such individual has self-employment income in a tax- able year which begins prior to such calendar year and ends after the last day of the month preceding the month in which he became so entitled, the Secretary shall recompute such individual’s primary insurance amount after the close of such taxable year and shall take into account in determining the individual’s ben- efit computation years only such self-employment in- come in such taxable year as is credited, pursuant to section 412 of this title, to the year preceding the year in which he became so entitled’’ for ‘‘If an individual’s closing date is determined under paragraph (3)(A) of subsection (b) of this section and he has self-employ- ment income in a taxable year which begins prior to such closing date and ends after the last day of the month preceding the month in which he became enti- tled to old-age insurance benefits, the Secretary shall recompute his primary insurance amount after the close of such taxable year, taking into account only such self-employment income in such taxable year as is, pursuant to section 412 of this title, allocated to cal- endar quarters prior to such closing date.’’ Subsec. (f)(4). Pub. L. 86–778, § 303(e)(4), struck out ‘‘(without the application of clause (iii) thereof)’’ after ‘‘paragraph (2)(A)’’ in cl. (A), struck out provisions from the second sentence which required, if the re- computation is permitted by subpar. (A), to include in such recomputation any compensation (described in section 405(o) of this title) paid to him prior to the clos- ing date which would have been applicable under such paragraph, and substituted ‘‘which were considered in the last previous computation of his primary insurance amount and the compensation (described in section 405(o) of this title) paid to him in the years in which such wages were paid or to which such self-employment income was credited’’ for ‘‘which were taken into ac- count in the last previous computation of his primary insurance amount and the compensation (described in section 405(o) of this title) paid to him prior to the clos- ing date applicable to such computation’’ in third sen- tence. Subsec. (f)(5). Pub. L. 86–778, § 304(a), substituted ‘‘then upon application filed by such individual after the close of such taxable year and prior to January 1961 or (if he died without filing such application and such death occurred prior to January 1961)’’ for ‘‘then upon application filed after the close of such taxable year by such individual (or if he died without filing such appli- cation)’’. Subsec. (g). Pub. L. 86–778, § 211(n), inserted ‘‘and de- ductions under section 403(b) of this title’’. Subsec. (h). Pub. L. 86–778, § 103(j)(2)(C), substituted ‘‘section 410(l)(1) of this title’’ for ‘‘section 410(m)(1) of this title’’, in par. (1). Pub. L. 86–415 added subsec. (h). 1958—Subsec. (a). Pub. L. 85–840, § 101(a), amended sub- sec. (a) generally, and, among other changes, sub- stituted a new method for computing the primary in- surance amount of an individual for provisions which established the primary insurance amount as either 55% of the first $110 of an individual’s average monthly wage, plus 20% of the next $240, or the amount deter- mined by use of the conversion table under former sub- sec. (c) of this section, whichever was larger. Subsec. (b)(1). Pub. L. 85–840, § 101(b)(1), substituted ‘‘For the purposes of column III of the table appearing in subsection (a) of this section, an’’ for ‘‘An’’. Subsec. (b)(5). Public L. 85–840, § 101(b)(2), added par. (5). Subsec. (c). Pub. L. 85–840, § 101(c), amended subsec. (c) generally, and, among other changes, substituted provisions for computation of the primary insurance amount of an individual under the 1954 Act for provi- sions which related to determinations made by use of the conversion table. Subsec. (d). Pub. L. 85–840, § 101(d), substituted provi- sions for computation of the primary insurance benefit under the 1939 Act for provisions which related to de- termination of the primary insurance benefit and pri- mary insurance amount for purposes of the conversion table in former subsec. (c) of this section. Subsec. (e). Pub. L. 85–840, § 102(d)(2), substituted ‘‘subsections (b) and (d)’’ for ‘‘subsections (b) and (d)(4)’’ in opening provisions. Page 2011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 Subsec. (e)(1). Pub. L. 85–840, § 102(d)(1), inserted ‘‘and before 1959, and the excess over $4,800 in the case of any calendar year after 1958’’ after ‘‘after 1954’’. Subsec. (e)(2). Pub. L. 85–840, § 102(d), substituted ‘‘subsection (d)’’ for ‘‘subsection (d)(4)’’. Subsec. (g). Pub. L. 85–840, § 205(m), struck out provi- sions which related to reduction under section 424 of this title. 1956—Subsec. (a)(3). Act Aug. 1, 1956, § 103(c)(4), added par. (3). Subsec. (b)(1). Act Aug. 1, 1956, § 115(a), excluded from computation of an individual’s average wage the months in any year any part of which was included in a period of disability, except the months in any year in which a period of disability began if their inclusion would result in a higher primary insurance amount. Subsec. (b)(4). Act Aug. 1, 1956, § 109(a), substituted ‘‘five’’ for ‘‘four’’, and struck out provisions which re- quired the maximum number of calendar years deter- mined under this clause to be five in the case of any in- dividual who has not less than 20 quarters of coverage. Subsec. (d)(5). Act Aug. 1, 1956, § 115(b), excluded from the computation all quarters in any year prior to 1951 any part of which was included in a period of disability, except the quarters in the year in which a period of dis- ability began if the inclusion of such quarters would re- sult in a higher primary insurance amount. Subsec. (e)(4). Act Aug. 1, 1956, § 115(c), excluded any wages paid to an individual in any year any part of which was included in a period of disability, and any self-employment income credited to such year unless the months of such year are included as elapsed months. Subsec. (g). Act Aug. 1, 1956, § 103(c)(5), inserted ref- erences to sections 423 and 424 of this title. 1954—Subsec. (a). Act Sept. 1, 1954, § 102(a), provided a new benefit formula, for computing primary insurance amount for certain individuals, of 55 percent of the first $110 of average monthly wage plus 20 percent of the next $240 and provided that other individuals have their primary insurance amount computed under subsection (c) of this section. Subsec. (b). Act Sept. 1, 1954, § 102(b), provided stand- ard end-of-the-year starting and beginning-of-the-year closing dates, applicable to both wage earners and self- employed individuals, for computation of the average monthly wage, and provided for the exclusion of up to 5 years in which earnings were lowest (or non-existent) from the average monthly wage computation. Subsec. (b)(1). Act Sept. 1, 1954, § 106(c)(1), inserted ‘‘and any month in any quarter any part of which was included in a period of disability (as defined in section 416(i) of this title) unless such quarter was a quarter of coverage’’ after ‘‘quarters of coverage’’. Subsec. (c). Act Sept. 1, 1954, § 102(c), provided a new conversion table with increased benefits for individuals already on the rolls and computed the primary insur- ance amount of certain individuals who come on the rolls after the enactment of the act. Subsec. (d). Act. Sept. 1, 1954, § 102(d), inserted provi- sions for computation of a primary insurance amount for purposes of the conversion table. Subsec. (d)(5). Act Sept. 1, 1954, § 106(c)(2), added sub- sec. (d)(5). Former subsec. (d)(5), which was added by act July 18, 1952, § 3(c)(3), ceased to be in effect at the close of June 30, 1953. See Termination Date of 1952 Amendment note set out under section 413 of this title. Subsec. (d)(6). Act Sept. 1, 1954, § 102(d)(4), added par. (6). Subsec. (e). Act Sept. 1, 1954, § 104(d), provided that earnings up to $4,200, in any calendar year after 1954, shall be used in the computation of an individual’s av- erage monthly wage. Subsec. (e)(3). Act Sept. 1, 1954, § 102(e)(1), added par. (3). Subsec. (e)(4). Act Sept. 1, 1954, § 106(c)(3), added par. (4). Subsec. (f)(2). Act Sept. 1, 1954, § 102(e)(2), substituted a new test for determining eligibility for a recomputa- tion to take into account additional earnings after en- titlement. Subsec. (f)(3)(A), (B). Act Sept. 1, 1954, § 102(e)(3)(A), amended provisions generally. Subsec. (f)(3)(C). Act Sept. 1, 1954, § 102(e)(3)(B), added subpar. (C). Subsec. (f)(4). Act Sept. 1, 1954, § 102(e)(4), provided for recomputation of the primary insurance on the death after 1954 of an old-age insurance beneficiary, if any person is entitled to monthly survivors benefits or to a lump-sum death payment on the basis of his wages and self-employment income. 1952—Subsec. (a)(1). Act July 18, 1952, § 2(b)(1), pro- vided a new benefit formula for the computation of benefits based entirely on wages paid and self-employ- ment income derived after 1950 of 55 percent of the first $100 of average monthly wage and 15 percent of next $200 and increased the primary insurance amount. Subsec. (b)(1). Act July 18, 1952, § 3(c)(1), inserted ‘‘and any month in any quarter any part of which was in- cluded in a period of disability (as defined in section 416(i) of this title) unless such quarter was quarter of coverage’’ after ‘‘not a quarter of coverage.’’ Subsec. (b)(4). Act July 18, 1952, § 3(c)(2), inserted pro- visions of subpars. (B) and (C). Subsec. (c)(1). Act July 18, 1952, § 2(a)(1), inserted a new conversion table and increased amounts. Subsec. (c)(2). Act July 18, 1952, § 2(a)(2), provided that individuals, whose primary insurance amounts are gov- erned by regulations, shall have the same increase as is provided for individuals governed by the new conver- sion table. Subsec. (c)(4). Act July 18, 1952, § 2(a)(3), added par. (4). Subsec. (d)(5). Act July 18, 1952, § 3(c)(3), added par. (5). Subsec. (f)(2). Act July 18, 1952, § 6(a), provided that upon application an individual will have his benefit re- computed by the new formula prescribed in subsec. (a)(1) of this section under certain conditions. Subsec. (f)(5), (6). Act July 18, 1952, § 6(b), added par. (5) and redesignated former par. (5) as (6). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ and ‘‘De- partment of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ and ‘‘Department of Health, Education, and Welfare’’, re- spectively, pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 2025 AMENDMENT Amendment by Pub. L. 118–273 applicable with re- spect to monthly insurance benefits payable under this subchapter for months after Dec. 2023, with require- ment, notwithstanding subsec. (f) of this section, for the Commissioner of Social Security to adjust primary insurance amounts to the extent necessary to take into account such amendment, see section 4 of Pub. L. 118–273, set out as a note under section 402 of this title. 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. Pub. L. 103–296, title III, § 307(c), Aug. 15, 1994, 108 Stat. 1522, provided that: ‘‘The amendments made by this section [amending this section] shall apply (not- withstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1))) with respect to benefits pay- able for months after December 1994.’’ Amendment by section 308(b) of Pub. L. 103–296 appli- cable (notwithstanding subsec. (f) of this section) with respect to benefits payable for months after Dec. 1994, see section 308(c) of Pub. L. 103–296, set out as a note under section 402 of this title. Pub. L. 103–296, title III, § 321(g)(3)(A), Aug. 15, 1994, 108 Stat. 1543, provided that: ‘‘The amendments made Page 2012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 by paragraph (1) [amending this section and section 430 of this title] shall be effective with respect to the de- termination of the contribution and benefit base for years after 1994.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 5117(a) of Pub. L. 101–508 ap- plicable with respect to computation of primary insur- ance amount of any insured individual in any case in which a person becomes entitled to benefits under sec- tion 402 or 423 of this title on basis of such insured indi- vidual’s wages and self-employment income for months after 18-month period following November 1990, but in- applicable if any person is entitled to benefits based on wages and self-employment income of such insured in- dividual for month preceding initial month of such per- son’s entitlement to such benefits under section 402 or 423, and amendment also applicable with respect to any primary insurance amount upon recomputation of such amount if recomputation is first effective for monthly benefits for months after 18-month period following No- vember 1990, see section 5117(a)(4) of Pub. L. 101–508, set out as a note under section 403 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 10208(b)(1), (2)(A), (B), (3), (4) of Pub. L. 101–239 applicable with respect to computa- tion 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 sec- tion 430 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title VIII, § 8003(b), Nov. 10, 1988, 102 Stat. 3780, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to benefits payable for months after December 1988.’’ Pub. L. 100–647, title VIII, § 8011(c), Nov. 10, 1988, 102 Stat. 3789, provided that: ‘‘The amendments made by this section [amending this section] shall apply to ben- efits based on applications filed after the month in which this Act is enacted [November 1988].’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1883(a)(7) of Pub. L. 99–514 ef- fective Oct. 22, 1986, see section 1883(f) of Pub. L. 99–514, set out as a note under section 402 of this title. Pub. L. 99–509, title IX, § 9001(d), Oct. 21, 1986, 100 Stat. 1970, provided that: ‘‘(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this sec- tion and section 1395r of this title] shall apply with re- spect to cost-of-living increases determined under sec- tion 215(i) of the Social Security Act [42 U.S.C. 415(i)] (as currently in effect, and as in effect in December 1978 and applied in certain cases under the provisions of such Act [42 U.S.C. 301 et seq.] in effect after December 1978) in 1986 and subsequent years. ‘‘(2) The amendments made by paragraphs (1)(A) and (2)(B) of subsection (b) [amending this section] shall apply with respect to months after September 1986. ‘‘(3) The amendment made by subsection (c) [amend- ing section 1395r of this title] shall apply with respect to monthly premiums (under section 1839 of the Social Security Act [42 U.S.C. 1395r]) for months after Decem- ber 1986.’’ Pub. L. 99–272, title XII, § 12115, Apr. 7, 1986, 100 Stat. 289, provided that: ‘‘Except as otherwise specifically provided, the preceding provisions of this subtitle [sub- title A (§§ 12101–12115) of title XII of Pub. L. 99–272, amending this section and sections 402 to 404, 409, 418, 423, 424a, 907, 909, 910, 1310, and 1383 of this title and sec- tions 86, 871, 932, and 3121 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sec- tions 402 to 404, 409, 418, 424a, 907, and 909 of this title and section 932 of Title 26, amending provisions set out as notes under section 1310 of this title, and repealing provisions set out as a note under section 907 of this title], including the amendments made thereby, shall take effect on the first day of the month following the month in which this Act is enacted [April 1986].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2661(k) of Pub. L. 98–369 effec- tive as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title. Amendment by section 2663(a)(10) of Pub. L. 98–369 ef- fective July 18, 1984, but not to be construed as chang- ing or affecting any right, liability, status, or interpre- tation which existed (under the provisions of law in- volved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 111(a)(1)–(3), (6), (b)(1), (2), (c) of Pub. L. 98–21 applicable with respect to cost-of-living increases determined under subsec. (i) of this section for years after 1982, see section 111(a)(8) of Pub. L. 98–21, set out as a note under section 402 of this title. Pub. L. 98–21, title I, § 111(b)(3), Apr. 20, 1983, 97 Stat. 72, provided that: ‘‘The amendments made by this sub- section [amending this section] shall apply with re- spect to cost-of-living increases determined under sec- tion 215(i) of the Social Security Act [42 U.S.C. 415(i)] for years after 1983.’’ Pub. L. 98–21, title I, § 112(e), Apr. 20, 1983, 97 Stat. 76, provided that: ‘‘The amendments made by the pre- ceding provisions of this section [amending this sec- tion] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1983.’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–123, § 2(j)(2)–(4), Dec. 29, 1981, 95 Stat. 1661, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided: ‘‘(2) Except as provided in paragraphs (3) and (4), the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981 [enacting section 1382k of this title, amending this section and sections 402, 403, 417, and 433 of this title] (other than subsection (f) thereof [amending section 402 of this title]), together with the amendments made by the preceding sub- sections of this section [amending this section and sec- tions 402, 403, and 417 of this title and repealing section 1382k of this title and a provision set out as a note under section 1382k of this title], shall apply with re- spect to benefits for months after December 1981; and the amendment made by subsection (f) of such section 2201 shall apply with respect to deaths occurring after December 1981. ‘‘(3) Such amendments shall not apply— ‘‘(A) in the case of an old-age insurance benefit, if the individual who is entitled to such benefit first be- came eligible (as defined in section 215(a)(3)(B) of the Social Security Act [42 U.S.C. 415(a)(3)(B)]) for such benefit before January 1982, ‘‘(B) in the case of a disability insurance benefit, if the individual who is entitled to such benefit first be- came eligible (as so defined) for such benefit before January 1982, or attained age sixty-two before Janu- ary 1982, ‘‘(C) in the case of a wife’s or husband’s insurance benefit, or a child’s insurance benefit based on the wages and self-employment income of a living indi- vidual, if the individual on whose wages and self-em- ployment income such benefit is based is entitled to an old-age or disability insurance benefit with re- spect to which such amendments do not apply, or ‘‘(D) in the case of a survivors insurance benefit, if the individual on whose wages and self-employment income such benefit is based died before January 1982, or dies in or after January 1982 and at the time of his death is eligible (as so defined) for an old-age or dis- ability insurance benefit with respect to which such amendments do not apply. Page 2013 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 ‘‘(4) In the case of an individual who is a member of a religious order (within the meaning of section 3121(r)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(r)(2)]), or an autonomous sub- division of such order, whose members are required to take a vow of poverty, and which order or subdivision elected coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] before the date of the enact- ment of this Act [Dec. 29, 1981], or who would be such a member except that such individual is considered re- tired because of old age or total disability, paragraphs (2) and (3) shall apply, except that each reference there- in to ‘December 1981’ or ‘January 1982’ shall be consid- ered a reference to ‘December 1991’ or ‘January 1992’, respectively.’’ Amendment by section 2206(a), (b)(5)–(7) of Pub. L. 97–35 applicable only with respect to initial calcula- tions and adjustments of primary insurance amounts and benefit amounts which are attributable to periods after August 1981, see section 2206(c) of Pub. L. 97–35, set out as a note under section 402 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–265, title I, § 102(c), June 9, 1980, 94 Stat. 443, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 423 of this title] shall apply only with respect to monthly benefits pay- able on the basis of the wages and self-employment in- come of an individual who first becomes entitled to dis- ability insurance benefits on or after July 1, 1980; ex- cept that the third sentence of section 215(b)(2)(A) of the Social Security Act [42 U.S.C. 415(b)(2)(A)] (as added by such amendments) shall apply only with re- spect to monthly benefits payable for months begin- ning on or after July 1, 1981.’’ For effective date of amendment by section 101(b)(3), (4) of Pub. L. 96–265, see section 101(c) of Pub. L. 96–265, set out as a note under section 403 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by section 103(d) of Pub. L. 95–216 appli- cable with respect to remuneration paid or received, and taxable years beginning after 1977, see section 104 of Pub. L. 95–216, set out as a note under section 1401 of Title 26, Internal Revenue Code. Amendment by section 201 of Pub. L. 95–216 effective only with respect to monthly benefits under this sub- chapter payable for months after December 1978 and with respect to lump-sum death payments with respect to deaths occurring after December 1978, except that amendment by section 201(d) of Pub. L. 95–216 effective with respect to monthly benefits of an individual who becomes eligible for an old-age or disability insurance benefit, or dies after December 1977, see section 206 of Pub. L. 95–216, set out as a note under section 402 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–233, § 1(h)(2), Dec. 31, 1973, 87 Stat. 948, pro- vided that: ‘‘The amendment made by paragraph (1) [amending this section] shall be effective with respect to benefits payable for months after February 1974.’’ Pub. L. 93–233, § 2(c), Dec. 31, 1973, 87 Stat. 952, pro- vided that: ‘‘The amendment made by subsections (a) and (b) [amending this section and sections 427 and 428 of this title and repealing section 202(a)(4) of Pub. L. 92–336, title II, July 1, 1972, 86 Stat. 416] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after May 1974, and with respect to lump-sum death pay- ments under section 202(i) of such Act [42 U.S.C. 402(i)] in the case of deaths occurring after such month.’’ Amendment by section 5(a)(4) of Pub. L. 93–233 appli- cable with respect to calendar years after 1973, see sec- tion 5(e) of Pub. L. 93–233, set out as a note under sec- tion 409 of this title. Amendment by Pub. L. 93–66 applicable with respect to calendar years after 1973, see section 203(e) of Pub. L. 93–66, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title I, § 101(g), Oct. 30, 1972, 86 Stat. 1335, provided that: ‘‘The amendments made by this section [amending this section and section 403 of this title] shall apply with respect to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972 (without regard to when the insured individual became entitled to such benefits or when he died) and with re- spect to lump-sum death payments under such title in the case of deaths occurring after such month.’’ Amendment by section 104(b) of Pub. L. 92–603 appli- cable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with provision for the de- termination of the number of elapsed years for pur- poses of subsec. (b)(3) of this section in the case of a man who attains age 62 prior to 1975, see section 104(j) of Pub. L. 92–603, set out as a note under section 414 of this title. Amendment by section 144(a)(1) of Pub. L. 92–603 ef- fective in like manner as if such amendment had been included in title II of Pub. L. 92–336, see section 144(b) of Pub. L. 92–603, set out as a note under section 403 of this title. Pub. L. 92–336, title II, § 201(i), July 1, 1972, 86 Stat. 412, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 403 of this title] (other than the amendments made by subsections (g) and (h)) shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after August 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after such month. The amend- ments made by subsection (g) [amending sections 427 and 428 of this title] shall apply with respect to month- ly benefits under title II of such Act for months after August 1972. The amendments made by subsection (h)(1) [amending section 403 of this title] shall apply with re- spect to monthly benefits under title II of such Act for months after December 1971.’’ Pub. L. 92–336, title II, § 202(a)(3), July 1, 1972, 86 Stat. 416, as amended by Pub. L. 93–233, § 2(d), Dec. 31, 1973, 87 Stat. 952, provided that the amendment made by that section is effective June 1, 1974. Amendment by section 203(a)(4) of Pub. L. 92–336 ap- plicable only with respect to calendar years after 1972, see section 203(c) of Pub. L. 92–336, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–5, title II, § 201(e), Mar. 17, 1971, 85 Stat. 9, provided that: ‘‘The amendments made by this section [amending this section and section 403 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1970 and with respect to lump- sum death payments under such title in the case of deaths occurring in and after the month in which this Act is enacted [March 1971].’’ Amendment by section 203(a)(4) of Pub. L. 92–5 appli- cable only with respect to calendar years after 1971, see section 203(c) of Pub. L. 92–5, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–172, title X, § 1002(e), Dec. 30, 1969, 83 Stat. 740, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 403 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1969 and with respect to lump- sum death payments under such title in the case of deaths occurring after December 1969.’’ EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–248, title I, § 101(e), Jan. 2, 1968, 81 Stat. 827, provided that: ‘‘The amendments made by this section [amending this section and section 403 of this title] shall apply with respect to monthly benefits under title Page 2014 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968 and with respect to lump- sum death payments under such title in the case of deaths occurring after January 1968.’’ Amendment by section 108(a)(4) of Pub. L. 90–248 ap- plicable only with respect to calendar years after 1967, see section 108(c) of Pub. L. 90–248, set out as a note under section 409 of this title. Pub. L. 90–248, title I, § 155(a)(7), (9), Jan. 2, 1968, 81 Stat. 865, provided that: ‘‘(7)(A) The amendments made by paragraphs (4) and (5) [amending this section] shall apply with respect to recomputations made under section 215(f)(2) of the So- cial Security Act [42 U.S.C. 415(f)(2)] after the date of the enactment of this Act [Jan. 2, 1968]. ‘‘(B) The amendments made by paragraph (6) [amend- ing this section] shall apply with respect to individuals who die after the date of enactment of this Act [Jan. 2, 1968]. ‘‘(9) The amendment made by paragraphs (1) and (2) [amending this section] shall not apply with respect to monthly benefits for any month prior to January 1967.’’ EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–97, title III, § 301(d), July 30, 1965, 79 Stat. 364, provided that: ‘‘The amendments made by sub- sections (a), (b), and (c) of this section [amending this section and section 403 of this title] 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 1964 and with respect to lump-sum death pay- ments under such title in the case of deaths occurring in or after the month in which this Act is enacted [July 1965].’’ Pub. L. 89–97, title III, § 302(d)(2), July 30, 1965, 79 Stat. 365, provided that the amendment made by that section is effective Jan. 2, 1966. Pub. L. 89–97, title III, § 302(f)(1)–(5), July 30, 1965, 79 Stat. 366, provided as follows: ‘‘(1) The amendments made by subsection (c) [amend- ing this section] shall apply only to individuals who be- come entitled to old-age insurance benefits under sec- tion 202(a) of the Social Security Act [42 U.S.C. 402(a)] after 1965. ‘‘(2) Any individual who would, upon filing an appli- cation prior to January 2, 1966, be entitled to a re- computation of his monthly benefit amount for pur- poses of title II of the Social Security Act [42 U.S.C. 401 et seq.] shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is en- acted [July 30, 1965], whichever is the later. ‘‘(3) In the case of an individual who died after 1960 and prior to 1966 and who was entitled to old-age insur- ance benefits under section 202(a) of the Social Secu- rity Act [42 U.S.C. 402(a)] at the time of his death, the provisions of sections 215(f)(3)(B) and 215(f)(4) of such Act [42 U.S.C. 415(f)(3)(B), (4)] as in effect before the en- actment of this Act [July 30, 1965] shall apply. ‘‘(4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act [July 30, 1965] shall apply. ‘‘(5) The amendments made by subsection (e) of this section [amending section 423 of this title] shall apply in the case of individuals who become entitled to dis- ability insurance benefits under section 223 of the So- cial Security Act [42 U.S.C. 423] after December 1965.’’ Pub. L. 89–97, title III, § 303(f)(2), July 30, 1965, 79 Stat. 368, provided that: ‘‘The amendment made by sub- section (e) [amending this section] shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act [July 30, 1965].’’ Amendment by section 304(k) of Pub. L. 89–97 applica- ble with respect to monthly insurance benefits under this subchapter for and after the second month fol- lowing July 1965 but only on the basis of applications filed in or after July 1965, see section 304(o) of Pub. L. 89–97, set out as a note under section 402 of this title. Amendment by section 320(a)(4) of Pub. L. 89–97 appli- cable with respect to calendar years after 1965, see sec- tion 320(c) of Pub. L. 89–97, set out as a note under sec- tion 3121 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–64, title I, § 101(b), June 30, 1961, 75 Stat. 131, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply only in the case of monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning on or after the effective date of this title [see note set out under section 402 of this title], and in the case of lump-sum death payments under such title with respect to deaths on or after such effec- tive date.’’ Amendment by section 102(d)(1), (2) of Pub. L. 87–64 applicable with respect to monthly benefits for months beginning on or after Aug. 1, 1961, based on applications filed in or after March 1961, and with respect to lump- sum death payments under this subchapter in the case of deaths on or after Aug. 1, 1961, and amendment by section 102(d)(3) of Pub. L. 87–64 effective Aug. 1, 1961, see sections 102(f)(6), (7) and 109 of Pub. L. 87–64, set out as notes under section 402 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by section 103(j)(2)(C) of Pub. L. 86–778 ef- fective on Sept. 13, 1960, see section 103(v)(1) of Pub. L. 86–778, set out as a note under section 402 of this title. Amendment by section 211(n) of Pub. L. 86–778 effec- tive in the manner provided in section 211(p) and (q) of Pub. L. 86–778, see section 211(s) of Pub. L. 86–778, set out as a note under section 403 of this title. Pub. L. 86–778, title III, § 303(d)(1), Sept. 13, 1960, 74 Stat. 962, provided that the amendment made by that section is effective with respect to individuals who be- come entitled to benefits under section 402(a) of this title after 1960. Pub. L. 86–778, title III, § 303(d)(2), Sept. 13, 1960, 74 Stat. 962, provided that the amendment made by that section is effective with respect to individuals who meet any of the subparagraphs of paragraph (4) of sub- sec. (b) of this section, as amended by Pub. L. 86–778. Pub. L. 86–778, title III, § 303(e)(1), Sept. 13, 1960, 74 Stat. 962, provided that the amendment made by that section is effective with respect to applications for re- computation under subsec. (f)(2) of this section filed after 1960. Pub. L. 86–778, title III, § 303(e)(4)(B), Sept. 13, 1960, 74 Stat. 964, provided that the amendment made by that section is effective in the case of deaths occurring on or after Sept. 13, 1960. EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–840, title I, § 101(g), Aug. 28, 1958, 72 Stat. 1018, provided that: ‘‘The amendments made by this section [amending this section and sections 402 and 403 of this title] shall be applicable in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], for months after December 1958, and in the case of the lump-sum death payments under such title, with respect to deaths occurring after such month.’’ Amendment by section 205(m) of Pub. L. 85–840 appli- cable with respect to monthly benefits under this sub- chapter for August 1958 and succeeding months, see sec- tion 207(a) of Pub. L. 85–840, set out as a note under sec- tion 416 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Act Aug. 1, 1956, ch. 836, title I, § 109(b), 70 Stat. 830, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply in the case of monthly benefits under section 202 of the Social Secu- rity Act [42 U.S.C. 402], and the lump-sum death pay- ment under such section, based on the wages and self- employment income of an individual— ‘‘(1) who becomes entitled to benefits under sub- section (a) of such section on the basis of an applica- Page 2015 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 tion filed on or after the date of enactment of this Act [Aug. 1, 1956]; or ‘‘(2) who is (but for the provisions of subsection (f)(6) of section 215 of the Social Security Act [42 U.S.C. 415(f)(6)]) entitled to a recomputation of his primary insurance amount under subsection (f)(2)(A) of such section 215 based on an application filed on or after the date of enactment of this Act [Aug. 1, 1956]; or ‘‘(3) who dies without becoming entitled to benefits under subsection (a) of such section 202 [42 U.S.C. 402(a)] and no individual was entitled to survivor’s benefits and no lump-sum death payment was payable under such section 202 on the basis of an application filed prior to such date of enactment [Aug. 1, 1956]; or ‘‘(4) who dies on or after such date of enactment [Aug. 1, 1956] and whose survivors are (but for the pro- visions of subsection (f)(6) of such section 215 [42 U.S.C. 415(f)(6)]) entitled to a recomputation of his primary insurance amount under subsection (f)(4)(A) of such section 215; or ‘‘(5) who dies prior to such date of enactment [Aug. 1, 1956] and (A) whose survivors are (but for the provi- sions of subsection (f)(6) of such section 215 [42 U.S.C. 415(f)(6)]) entitled to a recomputation of his primary insurance amount under subsection (f)(4)(A) of such section 215, and (B) on the basis of whose wages and self-employment income no individual was entitled to survivor’s benefits under such section 202 [42 U.S.C. 402], and no lump-sum death payment was payable under such section, on the basis of an application filed prior to such date of enactment and no indi- vidual was entitled to such a benefit, without the fil- ing of an application for the month in which this Act is enacted [August 1956] or any month prior thereto.’’ Act Aug. 1, 1956, ch. 836, title I, § 115(d), 70 Stat. 833, provided that: ‘‘The amendments made by this section [amending this section] shall apply in the case of an in- dividual (1) who becomes entitled (without the applica- tion of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to benefits under section 202(a) of such Act [42 U.S.C. 402(a)] after the date of enactment of this Act [Aug. 1, 1956], or (2) who dies without becoming en- titled to benefits under such section 202(a) and on the basis of whose wages and self-employment income an application for benefits or a lump-sum death payment under section 202 of such Act is filed after the date of enactment of this Act, or (3) who becomes entitled to benefits under section 223 of such Act [42 U.S.C. 423], or (4) who files, after the date of enactment of this Act, an application for a disability determination which is ac- cepted as an application for purposes of section 216(i) of such Act [42 U.S.C. 416(i)].’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1206, title I, § 102(f), 68 Stat. 1070, as amended by Pub. L. 86–778, title II, § 303(k), Sept. 13, 1960, 74 Stat. 966; Pub. L. 89–97, title III § 302(f)(7), July 30, 1965, 79 Stat. 366, provided that: ‘‘(1) The amendments made by the preceding sub- sections [amending this section and section 403 of this title], other than subsection (b) and paragraphs (1), (2), (3), and (4) of subsection (e), shall (subject to the provi- sions of paragraph (2) and notwithstanding the provi- sions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)]) apply in the case of lump-sum death payments under section 202 of such Act [42 U.S.C. 402] with respect to deaths occurring after, and in the case of monthly benefits under such section for months after, August 1954. ‘‘(2)(A) The amendment made by subsection (b)(2) [amending this section] shall be applicable only in the case of monthly benefits for months after August 1954, and the lump-sum death payment in the case of death after August 1954, based on the wages and self-employ- ment income of an individual (i) who does not become eligible for benefits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] until after August 1954, or (ii) who dies after August 1954, and without becom- ing eligible for benefits under such section 202(a), or (iii) who is or has been entitled to have his primary in- surance amount recomputed under section 215(f)(2) of the Social Security Act, as amended by subsection (e)(2) of this section, or under subsection (e)(5)(B) of this section [set out as a note under this section], or (iv) with respect to whom not less than six of the quar- ters elapsing after June 1953 are quarters of coverage (as defined in such Act), or (v) who files an application for a disability determination which is accepted as an application for purposes of section 216(i) of such Act [42 U.S.C. 416(i)], or (vi) who dies after August 1954, and whose survivors are (or would, but for the provisions of section 215(f)(6) of such Act, be) entitled to a recompu- tation of his primary insurance amount under section 215(f)(4)(A) of such Act, as amended by this Act. For purposes of the preceding sentence an individual shall be deemed eligible for benefits under section 202(a) of the Social Security Act for any month if he was, or would upon filing application therefor in such month have been, entitled to such benefits for such month. ‘‘(B) [Repealed. Pub. L. 89–97, title III, § 302(f)(7), July 30, 1965, 79 Stat. 366, eff. Jan. 2, 1966.] ‘‘(3) The amendments made by subsections (b)(1), (e)(1), and (e)(3)(B) [amending this section] shall be ap- plicable only in the case of monthly benefits based on the wages and self-employment income of an individual who does not become entitled to old-age insurance ben- efits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] until after August 1954, or who dies after August 1954 without becoming entitled to such benefits, or who files an application after August 1954 and is en- titled to a recomputation under paragraph (2) or (4) of section 215(f) of the Social Security Act, as amended by this Act [42 U.S.C. 415(f)(2), (4)], or who is entitled to a recomputation under paragraph (2)(B) of this sub- section, or who is entitled to a recomputation under paragraph (5) of subsection (e) [set out as a note under this section]. ‘‘(4) The amendments made by subsection (e)(2) [amending this section] shall be applicable only in the case of applications for recomputation filed after 1954. The amendment to subsec. (f)(4) made by subsection (e)(4) shall be applicable only in the case of deaths after 1954. ‘‘(5) The amendments made by subparagraph (A) of subsection (e)(3) [amending this section] shall be appli- cable only in the case of applications for recomputa- tion filed, or deaths occurring, after August 1954. ‘‘(6) No increase in any benefit by reason of the amendments made by this section (other than sub- section (e)) or by reason of subparagraph (B) of para- graph (2) of this subsection shall be regarded as a re- computation for purposes of section 215(f) of the Social Security Act [42 U.S.C. 415(f)].’’ Amendment by section 106(c) of act Sept. 1, 1954, ap- plicable with respect to monthly benefits under this subchapter for months after June 1955, and with respect to lump-sum death payments under such subchapter in the case of deaths occurring after June 1955; but that no recomputation of benefits by reason of such amend- ments should be regarded as a recomputation for pur- poses of subsec. (f) of this section, see section 106(h) of act Sept. 1, 1954, set out as a note under section 413 of this title. EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT For effective and termination dates of amendment by act July 18, 1952, see section 3(f), (g) of act July 18, 1952, set out as a note under section 413 of this title. Act July 18, 1952, ch. 945, § 2(c)(1), (3), 66 Stat. 768, 769, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section] shall, subject to the provisions of paragraph (2) of this subsection and notwithstanding the provisions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)], apply in the case of lump-sum death payments under section 202 of such Act [42 U.S.C. 402] with respect to deaths occurring after, and in the case of monthly benefits under such section for any month after, August 1952. Page 2016 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 ‘‘(3) The amendments made by subsection (b) [amend- ing this section and section 403 of this title] shall (not- withstanding the provisions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)]) apply in the case of lump-sum death payments under section 202 of such Act [42 U.S.C. 402] with respect to deaths occur- ring after August 1952, and in the case of monthly bene- fits under such section for months after August 1952.’’ SAVINGS PROVISION 1960—Pub. L. 86–778, title III, § 303(i), Sept. 13, 1960, 74 Stat. 965, provided that in the case of an application for recomputation under subsec. (f)(2) of this section, the provisions of subsec. (f)(2) as in effect prior to Sept. 13, 1960, were to apply where the application was filed after 1954 and before 1961, and that in the case of an indi- vidual who died after 1954 and before 1961 and who was entitled to an old-age insurance benefit under section 402(a) of this title, the provisions of subsec. (f)(4) as in effect prior to Sept. 13, 1960 were to apply. 1958—Pub. L. 85–840, title I, § 101(i), Aug. 28, 1958, 72 Stat. 1018, provided that: ‘‘In the case of any individual to whom the provisions of subsection (b)(5) of section 215 of the Social Security Act [42 U.S.C. 415(b)(5)], as amended by this Act, are applicable and on the basis of whose wages and self-employment income benefits are payable for months prior to January 1959, his primary insurance amount for purposes of benefits for such prior months shall, if based on an application for such benefits or for a recomputation of such amount, as the case may be, filed after December 1958, be determined under such section 215 [42 U.S.C. 415], as in effect prior to the enactment of this Act [Aug. 28, 1958], and, if such individual’s primary insurance amount as so deter- mined is larger than the primary insurance amount de- termined for him under section 215 as amended by this Act, such larger primary insurance amount (increased to the next higher dollar if it is not a multiple of a dol- lar) shall, for months after December 1958, be his pri- mary insurance amount for purposes of such section 215 (and of the other provisions) of the Social Security Act as amended by this Act in lieu of the amount deter- mined without regard to this subsection.’’ 1952—Act July 18, 1952, ch. 945, § 2(d), 66 Stat. 769, pro- vided that: ‘‘(1) Where— ‘‘(A) an individual was entitled (without the appli- cation of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to an old-age insurance benefit under title II of such Act [42 U.S.C. 401 et seq.] for Au- gust 1952; ‘‘(B) two or more other persons were entitled (with- out the application of such section 202(j)(1) [42 U.S.C. 402(j)(1)]) to monthly benefits under such title for such month on the basis of the wages and self-em- ployment income of such individual; and ‘‘(C) the total of the benefits to which all persons are entitled under such title [this subchapter] on the basis of such individual’s wages and self-employment income for any subsequent month for which he is en- titled to an old-age insurance benefit under such title, would (but for the provisions of this paragraph) be reduced by reason of the application of section 203(a) of the Social Security Act, as amended by this Act [42 U.S.C. 403(a)], then the total of benefits, referred to in clause (C), for such subsequent month shall be reduced to whichever of the following is the larger: ‘‘(D) the amount determined pursuant to section 203(a) of the Social Security Act, as amended by this Act [42 U.S.C. 403(a)]; or ‘‘(E) the amount determined pursuant to such sec- tion, as in effect prior to the enactment of this Act [July 18, 1952], for August 1952 plus the excess of (i) the amount of his old-age insurance benefit for Au- gust 1952 computed as if the amendments made by the preceding subsections of this section had been appli- cable in the case of such benefit for August 1952, over (ii) the amount of his old-age insurance benefit for August 1952. ‘‘(2) No increase in any benefit by reason of the amendments made by this section or by reason of para- graph (2) of subsection (c) of this section shall be re- garded as a recomputation for purposes of section 215(f) of the Social Security Act [42 U.S.C. 415(f)].’’ COMMISSION ON THE SOCIAL SECURITY ‘‘NOTCH’’ ISSUE Pub. L. 102–393, title VI, § 635, Oct. 6, 1992, 106 Stat. 1777, as amended by Pub. L. 103–123, title VI, § 627, Oct. 28, 1993, 107 Stat. 1266, established a Commission on the Social Security ‘‘Notch’’ Issue, provided for its com- position, directed Commission to conduct a comprehen- sive study of what had become known as the ‘‘notch’’ issue and transmit to Congress, not later than Dec. 31, 1994, a report with a detailed statement of its findings and conclusions, together with any recommendations, and provided the Commission terminate 30 days after transmittal of report. COST-OF-LIVING INCREASES; COST-OF-LIVING COMPUTATION QUARTER DETERMINATIONS Pub. L. 98–604, § 1, Oct. 30, 1984, 98 Stat. 3161, provided: ‘‘That (a) in determining whether the base quarter ending on September 30, 1984, is a cost-of-living com- putation quarter for the purposes of the cost-of-living increases under sections 215(i) and 1617 of the Social Se- curity Act [42 U.S.C. 415(i), 1382f], the phrase ‘is 3 per- cent or more’ appearing in section 215(i)(1)(B) of such Act shall be deemed to read ‘is greater than zero’ (and the phrase ‘exceeds, by not less than 3 per centum, such Index’ appearing in section 215(i)(1)(B) of such Act as in effect in December 1978 shall be deemed to read ‘ex- ceeds such Index’). ‘‘(b) For purposes of section 215(i) of such Act, the provisions of subsection (a) shall not constitute a ‘gen- eral benefit increase’.’’ ‘‘BASE QUARTER’’ IN CALENDAR YEAR 1983 Pub. L. 98–21, title I, § 111(d), Apr. 20, 1983, 97 Stat. 72, provided that: ‘‘Notwithstanding any provision to the contrary in section 215(i) of the Social Security Act [42 U.S.C. 415(i)], the ‘base quarter’ (as defined in para- graph (1)(A)(i) of such section) in the calendar year 1983 shall be a ‘cost-of-living computation quarter’ within the meaning of paragraph (1)(B) of such section (and shall be deemed to have been determined by the Sec- retary of Health and Human Services to be a ‘cost-of- living computation quarter’ under paragraph (2)(A) of such section) for all of the purposes of such Act [42 U.S.C. 301 et seq.] as amended by this section and by other provisions of this Act, without regard to the ex- tent by which the Consumer Price Index has increased since the last prior cost-of-living computation quarter which was established under such paragraph (1)(B).’’ COMBINED BALANCE IN TRUST FUNDS USED IN DETER- MINING OASDI FUND RATIO WITH RESPECT TO CAL- ENDAR YEAR 1984 Pub. L. 98–21, title I, § 112(f), Apr. 20, 1983, 97 Stat. 76, as amended by Pub. L. 98–369, div. B, title VI, § 2662(b), July 18, 1984, 98 Stat. 1159, provided that: ‘‘Notwith- standing anything to the contrary in section 215(i)(1)(F) of the Social Security Act [42 U.S.C. 415(i)(1)(F)] (as added by subsection (a)(4) of this section), the com- bined balance in the Trust Funds which is to be used in determining the ‘OASDI fund ratio’ with respect to the calendar year 1984 under such section shall be the esti- mated combined balance in such Funds as of the close of that year (rather than as of its beginning), including the taxes transferred under section 201(a) of such Act [42 U.S.C. 401(a)] on the first day of the year following that year.’’ RECALCULATION OF PRIMARY INSURANCE AMOUNTS APPLICABLE TO CERTAIN BENEFICIARIES Pub. L. 97–35, title XXII, § 2201(e), Aug. 13, 1981, 95 Stat. 832, which provided for recalculation of primary insurance amounts for certain beneficiaries, was re- pealed by Pub. L. 97–123, § 2(i), Dec. 29, 1981, 95 Stat. 1661. Page 2017 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 COST-OF-LIVING INCREASE IN BENEFITS Pub. L. 93–233, § 3(i), Dec. 31, 1973, 87 Stat. 952, pro- vided that: ‘‘For purposes of section 203(f)(8) [42 U.S.C. 403(f)(8)], so much of section 215(i)(1)(B) [42 U.S.C. 415(i)(1)(B)] as follows the semicolon, and section 230(a) of the Social Security Act [42 U.S.C. 430(a)], the in- crease in benefits provided by section 2 of this Act [amending this section and sections 427 and 428 of this title] shall be considered an increase under section 215(i) of the Social Security Act.’’ INCREASE OF OLD-AGE OR DISABILITY INSURANCE BENE- FITS FOLLOWING INCREASE IN PRIMARY INSURANCE AMOUNT OR ENTITLEMENT TO BENEFITS ON A HIGHER AMOUNT Pub. L. 92–603, title I, § 101(f), Oct. 30, 1972, 86 Stat. 1334, provided that: ‘‘Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or para- graph (3) of section 215(a) of the Social Security Act [42 U.S.C. 415(a)(1), (3)] and for the following month such primary insurance amount is increased or such indi- vidual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215(a), such individual’s old-age or disability in- surance benefit (beginning with the effective month of the increased primary insurance amount) shall be in- creased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the ap- plication of section 202(q) of such Act [42 U.S.C. 402(q)] where applicable, to such difference.’’ TABLE MODIFICATION AND EXTENSION; EFFECTIVE DATE; PUBLICATION IN FEDERAL REGISTER Pub. L. 93–66, title II, § 203(f), July 9, 1973, 87 Stat. 153, provided that effective June 1, 1974, the Secretary of Health, Education, and Welfare [now Health and Human Services] would prescribe and publish in the Federal Register all necessary modifications and exten- sions in the table formerly contained in subsec. (a) of this section. CONVERSION OF DISABILITY INSURANCE BENEFITS TO OLD-AGE INSURANCE BENEFITS Pub. L. 92–5, title II, § 201(f), Mar. 17, 1971, 85 Stat. 9, provided that: ‘‘If an individual was entitled to a dis- ability insurance benefit under section 223 of the Social Security Act [42 U.S.C. 423] for December 1970 on the basis of an application filed in or after the month in which this Act is enacted [March 1971], and became en- titled to old-age insurance benefits under section 202(a) of such Act [42 U.S.C. 402(a)] for January 1971, then, for purposes of section 215(a)(4) of the Social Security Act [42 U.S.C. 415(a)(4)] (if applicable), the amount in col- umn IV of the table appearing in such section 215(c) [probably means section 215(a) which is subsec. (a) of this section] for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act [42 U.S.C. 415(c)]) instead of the amount in column IV equal to the primary insur- ance amount on which his disability insurance benefit is based.’’ Pub. L. 91–172, title X, § 1002(f), Dec. 30, 1969, 83 Stat. 740, provided that: ‘‘If an individual was entitled to a disability insurance benefit under section 223 of the So- cial Security Act [42 U.S.C. 423] for December 1969 and became entitled to old-age insurance benefits under section 202(a) of such Act [42 U.S.C. 402(a)] for January 1970, or he died in such month, then, for purposes of sec- tion 215(a)(4) of the Social Security Act [42 U.S.C. 415(a)(4)] (if applicable), the amount in column IV of the table appearing in such section 215(a) for such indi- vidual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in column IV equal to the pri- mary insurance amount on which his disability insur- ance benefit is based.’’ Pub. L. 90–248, title I, § 101(f), Jan. 2, 1968, 81 Stat. 827, provided that: ‘‘If an individual was entitled to a dis- ability insurance benefit under section 223 of the Social Security Act [42 U.S.C. 423] for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act [42 U.S.C. 402(a)] for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Se- curity Act [42 U.S.C. 415(a)(4)] (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in col- umn IV equal to the primary insurance amount on which his disability insurance benefit is based.’’ Pub. L. 89–97, title III, § 301(e), July 30, 1965, 79 Stat. 364, provided that: ‘‘If an individual is entitled to a dis- ability insurance benefit under section 223 of the Social Security Act [42 U.S.C. 423] for December 1964 on the basis of an application filed after enactment of this Act [July 30, 1965] and is entitled to old-age insurance bene- fits under section 202(a) of such Act [42 U.S.C. 402(a)] for January 1965, then, for purposes of section 215(a)(4) of the Social Security Act [42 U.S.C. 415(a)(4)] (if appli- cable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as deter- mined under section 215(c) of such Act) instead of the amount in column IV equal to his disability insurance benefit.’’ Pub. L. 85–840, title I, § 101(h), Aug. 28, 1958, 72 Stat. 1018, provided that: ‘‘If an individual was entitled to a disability insurance benefit under section 223 of the So- cial Security Act [42 U.S.C. 423] for December 1958, and became entitled to old-age insurance benefits under section 202(a) of such Act [42 U.S.C. 402(a)], or died, in January 1959, then, for purposes of paragraph (4) of sec- tion 215(a) of the Social Security Act [42 U.S.C. 415(a)(4)], as amended by this Act, the amount in col- umn IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the line on which in column II appears his primary in- surance amount (as determined under subsection (c) of such section 215) instead of the amount in column IV equal to his disability insurance benefit.’’ COMPUTATION OF PRIMARY INSURANCE AMOUNT FOR PERSONS ENTITLED TO BENEFITS AFTER JANUARY 2 AND BEFORE FEBRUARY 1968 Pub. L. 90–248, title I, § 155(a)(8), Jan. 2, 1968, 81 Stat. 865, provided that: ‘‘In any case in which— ‘‘(A) any person became entitled to a monthly ben- efit under section 202 or 223 of the Social Security Act [42 U.S.C. 402, 423] after the date of enactment of this Act [Jan. 2, 1968] and before February 1968, and ‘‘(B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215(d) of the Social Security Act [42 U.S.C. 415(d)] as amended by this Act, such primary insurance amount shall, for purposes of section 215(c) of the Social Security Act [42 U.S.C. 415(c)], as amended by this Act, be deemed to have been computed on the basis of the Social Security Act [42 U.S.C. 301 et seq.] in effect prior to the enactment of this Act [Jan. 2, 1968].’’ COMPUTATION OF PRIMARY INSURANCE AMOUNT FOR CERTAIN INDIVIDUALS WHO WERE FULLY INSURED AND HAD ATTAINED RETIREMENT AGE PRIOR TO 1961 Pub. L. 86–778, title III, § 303(g)(1), Sept. 13, 1960, 74 Stat. 964, as amended by Pub. L. 87–64, title I, § 103(d), June 30, 1961, 75 Stat. 138; Pub. L. 89–97, title III, § 302(f)(6), July 30, 1965, 79 Stat. 366; Pub. L. 90–248, title I, § 155(c), Jan. 2, 1968, 81 Stat. 866; Pub. L. 92–603, title I, § 104(h), Oct. 30, 1972, 86 Stat. 1341, provided that: ‘‘In Page 2018 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 the case of any individual who both was fully insured and had attained retirement age prior to 1961 and (A) who becomes entitled to old-age insurance benefits after 1960, or (B) who dies after 1960 without being enti- tled to such benefits, then, notwithstanding the amend- ments made by the preceding subsections of this sec- tion [amending this section and section 423 of this title], or the amendments made by the Social Security Amendments of 1965, 1967, 1969, and 1972 (and by Public Law 92–5) [see Tables for classification of Pub. L. 89–97, July 30, 1965, 79 Stat. 286, Pub. L. 90–248, Jan. 2, 1968, 81 Stat. 821, Pub. L. 91–172, title X, Dec. 30, 1969, 83 Stat. 737, Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1329, Pub. L. 92–5, Mar. 17, 1971, 85 Stat. 5] the Secretary shall also compute such individual’s primary insurance amount on the basis of such individual’s average monthly wage determined under the provisions of section 215 of the Social Security Act [this section] in effect prior to the enactment of this Act with a closing date determined under section 215(b)(3)(B) of such Act as then in effect, but only if such closing date would have been applica- ble to such computation had this section not been en- acted. If the primary insurance amount resulting from the use of such an average monthly wage is higher than the primary insurance amount resulting from the use of an average monthly wage determined pursuant to the provisions of section 215 of the Social Security Act, as amended by the Social Security Amendments of 1960 [Pub. L. 86–778], or (if such individual becomes entitled to old-age insurance benefits after the date of enact- ment of the Social Security Amendments of 1972 [Oct. 30, 1972], or dies after such date without becoming so entitled) as amended by the Social Security Amend- ments of 1972 [Pub. L. 92–603], such higher primary in- surance amount shall be the individual’s primary insur- ance amount for purposes of such section 215. The terms used in this subsection shall have the meaning assigned to them by title II of the Social Security Act [42 U.S.C. 401 et seq.]; except that the terms ‘fully in- sured’ and ‘retirement age’ shall have the meaning as- signed to them by such title II as in effect on Sep- tember 13, 1960.’’ DISREGARDING OF INCOME OF OASDI RECIPIENTS AND RAILROAD RETIREMENT RECIPIENTS IN DETERMINING NEED FOR PUBLIC ASSISTANCE Pub. L. 91–172, title X, § 1007, Dec. 30, 1969, 83 Stat. 742, as amended by Pub. L. 91–306, § 2(b)(1), July 6, 1970, 84 Stat. 408; Pub. L. 91–669, Jan. 11, 1971, 84 Stat. 2038; Pub. L. 92–223, § 5, Dec. 28, 1971, 85 Stat. 810; Pub. L. 92–603, title III, § 304, Oct. 30, 1972, 86 Stat. 1484, eff. Oct. 30, 1972, provided a minimum aid requirement in addition to the requirements imposed by law as conditions of ap- proval of State plans for aid to individuals under sub- chapters I, X, XIV, or XVI of this chapter, in the case of any individual found eligible for aid for any month after Mar. 1970 and before Jan. 1974 who also received a monthly insurance benefit under this subchapter, and in the case of such an individual who also received a monthly annuity or pension under the Railroad Retire- ment Acts of 1935 or 1937, set out in sections 215 et seq. and 228a et seq., respectively, of Title 45, Railroads. DISREGARDING OF RETROACTIVE PAYMENT OF OASDI BENEFIT INCREASE AND OF RAILROAD RETIREMENT BENEFIT INCREASE Pub. L. 92–5, title II, § 201(g), Mar. 17, 1971, 85 Stat. 9, provided that: ‘‘Notwithstanding the provisions of sec- tions 2(a)(10), 402(a)(7), 1002(a)(8), 1402(a)(8), and 1602(a)(13) and (14) of the Social Security Act [42 U.S.C. 302(a)(10), 602(a)(7), 1202(a)(8), 1352(a)(8), 1382(a)(13), (14)] each State, in determining need for aid or assistance under a State plan approved under title I, X, XIV, or XVI, or part A of title IV, of such Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq., 601 et seq.], may disregard (and the plan may be deemed to require the State to disregard), in addition to any other amounts which the State is required or permitted to disregard in determining such need, any amount paid to an individual under title II of such Act [42 U.S.C. 401 et seq.] (or under the Railroad Retirement Act of 1937 [45 U.S.C. 228a et seq.] by reason of the first proviso in section 3(e) thereof [45 U.S.C. 228c(e)]), in any month after the month in which this Act is enacted [March 1971], to the extent that (1) such payment is attrib- utable to the increase in monthly benefits under the old-age, survivors, and disability insurance system for January, February, March, or April 1971 resulting from the enactment of this title, and (2) the amount of such increase is paid separately from the rest of the monthly benefit of such individual for January, February, March, or April 1971.’’ Pub. L. 91–172, title X, § 1006, Dec. 30, 1969, 83 Stat. 741, as amended by Pub. L. 91–306, § 2(a)(1), July 6, 1970, 84 Stat. 407, provided that: ‘‘Notwithstanding the provi- sions of sections 2(a)(10), 402(a)(7), 1002(a)(8), 1402(a)(8), and 1602(a)(13) and (14) of the Social Security Act [42 U.S.C. 302(a)(10), 602(a)(7), 1202(a)(8), 1352(a)(8), 1382(a)(13), (14)], each State, in determining need for aid or assistance under a State plan approved under title I, X, XIV, or XVI [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], or part A of title IV, of such Act [42 U.S.C. 601 et seq.], shall disregard (and the plan shall be deemed to require the State to disregard), in addition to any other amounts which the State is re- quired or permitted to disregard in determining such need, any amount paid to any individual (1) under title II of such Act [42 U.S.C. 401 et seq.] (or under the Rail- road Retirement Act of 1937 [45 U.S.C. 228a et seq.] by reason of the first proviso in section 3(e) thereof [45 U.S.C. 228c(e)]), in any month after December 1969, to the extent that (a) such payment is attributable to the increase in monthly benefits under the old-age, sur- vivors, and disability insurance system for January or February 1970 resulting from the enactment of this title, and (b) the amount of such increase is paid sepa- rately from the rest of the monthly benefit of such in- dividual for January or February 1970; or (2) as annuity or pension under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935, if such amount is paid in a lump-sum to carry out any retroactive in- crease in annuities or pensions payable under the Rail- road Retirement Act of 1937 or the Railroad Retirement Act of 1935 [45 U.S.C. 215 et seq.] brought about by rea- son of the enactment (after May 30, 1970 and prior to December 31, 1970) of any Act which increases, retro- actively, the amount of such annuities or pensions.’’ DISREGARDING OASDI BENEFIT INCREASES AND CHILD’S INSURANCE BENEFIT PAYMENTS BEYOND AGE 18 TO THE EXTENT ATTRIBUTABLE TO RETROACTIVE EFFEC- TIVE DATE OF 1965 AMENDMENTS Pub. L. 89–97, title IV, § 406, July 30, 1965, 79 Stat. 421, authorized a State to disregard, in determining the need for aid or assistance under State plans approved under subchapter I, IV, X, XIV, or XVI of this chapter, any amount paid to an individual under subchapter II of this chapter or the Railroad Retirement Act of 1937, section 228a et seq. of Title 45, Railroads, by reason of the amendments made by Pub. L. 89–97, title III, § 326(a), July 30, 1965, 79 Stat. 400, to sections 228a(q) and 228e(1)(9) of Title 45, for months occurring after Decem- ber 1964 and before the third month following July 1965, in certain instances. COMPUTATION OF AVERAGE MONTHLY WAGE FOR CER- TAIN INDIVIDUALS ENTITLED TO DISABILITY INSUR- ANCE BENEFITS PRIOR TO 1961 Pub. L. 86–778, title III, § 303(g)(2), Sept. 13, 1960, 74 Stat. 964, provided that: ‘‘Notwithstanding the amend- ments made by the preceding subsections of this sec- tion [amending this section and section 423 of this title], in the case of any individual who was entitled (without regard to the provisions of section 223(b) of the Social Security Act [42 U.S.C. 423(b)]) to a dis- ability insurance benefit under such section 223 for the month before the month in which he became entitled to an old-age insurance benefit under section 202(a) of Page 2019 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 such Act [42 U.S.C. 402(a)], or in which he died, and such disability insurance benefit was based upon a primary insurance amount determined under the provisions of section 215 of the Social Security Act [42 U.S.C. 415] in effect prior to the enactment of this Act, the Secretary shall, in applying the provisions of such section 215(a) (except paragraph (4) thereof), for purposes of deter- mining benefits payable under section 202 of such Act on the basis of such individual’s wages and self-employ- ment income, determine such individual’s average monthly wage under the provisions of section 215 of the Social Security Act in effect prior to the enactment of this Act [Sept. 13, 1960]. The provisions of this para- graph shall not apply with respect to any such indi- vidual, entitled to such old-age insurance benefits, (i) who applies, after 1960, for a recomputation (to which he is entitled) of his primary insurance amount under section 215(f)(2) of such Act [42 U.S.C. 415(f)(2)], or (ii) who dies after 1960 and meets the conditions for a re- computation of his primary insurance amount under section 215(f)(4) of such Act.’’ AVERAGE MONTHLY WAGE FOR CERTAIN INDIVIDUALS ENTITLED TO MONTHLY BENEFITS OR TO RECOMPUTA- TION OF PRIMARY INSURANCE AMOUNT FOR MONTHS PRIOR TO JANUARY 1961 Pub. L. 86–778, title III, § 303(j), Sept. 13, 1960, 74 Stat. 966, provided that: ‘‘In the case of an individual whose average monthly wage is computed under the provi- sions of section 215(b) of the Social Security Act [42 U.S.C. 415(b)], as amended by this Act, and— ‘‘(1) who is entitled, by reason of the provisions of section 202(j)(1) or section 223(b) of the Social Secu- rity Act [42 U.S.C. 402(j)(1), 423(b)], to a monthly ben- efit for any month prior to January 1961, or ‘‘(2) who is (or would, but for the fact that such re- computation would not result in a higher primary in- surance amount for such individual, be) entitled, by reason of section 215(f) of the Social Security Act [42 U.S.C. 415(f)], to have his primary insurance amount recomputed effective for a month prior to January 1961, his average monthly wage as determined under the pro- visions of such section 215(b) [42 U.S.C. 415(b)] shall be his average monthly wage for the purposes of deter- mining his primary insurance amount for such prior month.’’ LAG RECOMPUTATION PRESERVED FOR CERTAIN INDIVID- UALS ELIGIBLE OR DEAD PRIOR TO SEPTEMBER 1954 Act Sept. 1, 1954, ch. 1206, title I, § 102(e)(8), 68 Stat. 1070, as amended by Pub. L. 86–778, title III, § 304(c), Sept. 13, 1960, 74 Stat. 966, provided that: ‘‘In the case of an individual who became (without the application of section 202(j)(1) [42 U.S.C. 402(j)(1)]) entitled to old- age insurance benefits or died prior to September 1954, the provisions of section 215(f)(3) [42 U.S.C. 415(f)(3)] as in effect prior to the enactment of this Act [Sept. 1, 1954] shall be applicable as though this Act had not been enacted but only if such individual files the appli- cation referred to in subparagraph (A) of such section prior to January 1961 or (if he dies without filing such application) his death occurred prior to January 1961.’’ RIGHT TO RECOMPUTATION UNDER LAW PRIOR TO ENACTMENT OF ACT SEPTEMBER 1, 1954 Act Sept. 1, 1954, ch. 1206, title I, § 102(e)(5), 68 Stat. 1068, as amended by Pub. L. 86–778, title III, § 304(b), Sept. 13, 1960, 74 Stat. 966, provided that: ‘‘(A) In the case of any individual who, upon filing ap- plication therefor before September 1954, would (but for the provisions of section 215(f)(6) of the Social Security Act [42 U.S.C. 415(f)(6)]) have been entitled to a re- computation under subparagraph (A) or (B) of section 215(f)(2) of such Act as in effect prior to the enactment of this Act [Sept. 1, 1954], the Secretary shall recom- pute such individual’s primary insurance amount, but only if he files an application therefor or, in case he died before filing such application, an application for monthly benefits or a lump-sum death payment on the basis of his wages and self-employment income is filed. Such recomputation shall be made only as provided in subsection (a)(2) of section 215 of the Social Security Act, as amended by this Act, through the use of a pri- mary insurance amount determined under subsection (d)(6) of such section in the same manner as for an indi- vidual to whom subsection (a)(1) of such section, as in effect prior to the enactment of this Act [Sept. 1, 1954], is applicable; and such recomputation shall take into account only such wages and self-employment income as would be taken into account under section 215(b) of the Social Security Act if the month in which the ap- plication for recomputation is filed, or if the individual died without filing the application for recomputation, the month in which he died, were deemed to be the month in which he became entitled to old-age insur- ance benefits. In the case of monthly benefits, such re- computation shall be effective for and after the month in which such application for recomputation is filed or, if the individual has died without filing the applica- tion, for and after the month in which the person filing the application for monthly survivor benefits becomes entitled to such benefits. ‘‘(B) In the case of— ‘‘(i) any individual who is entitled to a recomputa- tion under subparagraph (A) of section 215(f)(2) of the Social Security Act [42 U.S.C. 415(f)(2)(A)] as in effect prior to the enactment of this Act [Sept. 1, 1954] on the basis of an application filed after August 1954, or who died after such month leaving any survivors en- titled to a recomputation under section 215(f)(4) of the Social Security Act as in effect prior to the en- actment of this Act on the basis of his wages and self- employment income, and whose sixth quarter of cov- erage after 1950 was acquired after August 1954 or with respect to whom the twelfth month referred to in such subparagraph (A) occurred after such month, and ‘‘(ii) any individual who is entitled to a recomputa- tion under section 215(f)(2)(B) of the Social Security Act [42 U.S.C. 415(f)(2)(B)] as is in effect prior to the enactment of this Act [Sept. 1, 1954] on the basis of an application filed after August 1954, or who died after August 1954 leaving any survivors entitled to a re- computation under section 215(f)(4) of the Social Se- curity Act as in effect prior to the enactment of this Act on the basis of his wages and self-employment in- come, and whose sixth quarter of coverage after 1950 was acquired after August 1954 or who did not attain the age of seventy-five prior to September 1954, the recomputation of his primary insurance amount shall be made in the manner provided in section 215 of the Social Security Act [42 U.S.C. 415], as amended by this Act, for computation of such amount, except that his closing date, for purposes of subsection (b) of such section 215, shall be determined as though he be- came entitled to old-age insurance benefits in the month in which he filed such application for or, if he has died, in the month in which he died. In the case of monthly benefits, such recomputation shall be ef- fective for and after the month in which such applica- tion for recomputation is filed or, if the individual has died without filing the application, for and after the month in which the person filing the application for monthly survivors benefits becomes entitled to such benefits. ‘‘(C) An individual or, in case of his death, his sur- vivors entitled to a lump-sum death payment or to monthly benefits under section 202 of the Social Secu- rity Act on the basis of his wages and self-employment income shall be entitled to a recomputation of his pri- mary insurance amount under section 215(f)(2) or sec- tion 215(f)(4) of the Social Security Act [42 U.S.C. 415(f)(2), (4)] as in effect prior to the date of enactment of this Act [Sept. 1, 1954] only if (i) he had not less than six quarters of coverage in the period after 1950 and prior to January 1, 1955, and (ii) either the twelfth month referred to in subparagraph (A) of such section 215(f)(2) occurred prior to January 1, 1955, or he at- Page 2020 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 tained the age of 75 prior to 1955, and (iii) he meets the other conditions of entitlement to such a recomputa- tion. No individual shall be entitled to a computation under subparagraph (A) or (B) of this paragraph if his primary insurance amount has previously been recom- puted under either of such subparagraphs. ‘‘(D) Notwithstanding the provisions of subpara- graphs (A), (B), and (C), the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in subparagraph (A) or (B) prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961.’’ RECOMPUTATION OF PRIMARY INSURANCE AMOUNT IN CERTAIN CASES WHERE APPLICATION FOR RECOMPUTA- TION IS FILED ON OR AFTER SEPTEMBER 13, 1960 Pub. L. 86–778, title III, § 303(h), Sept. 13, 1960, 74 Stat. 965, provided that: ‘‘In any case where application for recomputation under section 215(f)(3) of the Social Se- curity Act [42 U.S.C. 415(f)(3)] is filed on or after the date of the enactment of this Act [Sept. 13, 1960] with respect to an individual for whom the last previous computation of the primary insurance amount was based on an application filed prior to 1961, or who died before 1961, the provisions of section 215 of such Act [42 U.S.C. 415] as in effect prior to the enactment of this Act shall apply except that— ‘‘(1) such recomputation shall be made as provided in section 215(a) of the Social Security Act [42 U.S.C. 415(a)] (as in effect prior to the enactment of this Act) and as though such individual first became enti- tled to old-age insurance benefits in the month in which he filed his application for such recomputation or died without filing such an application, and his closing date for such purposes shall be as specified in such section 215(f)(3); and ‘‘(2) the provisions of section 215(b)(4) of the Social Security Act [42 U.S.C. 415(b)(4)] (as in effect prior to the enactment of this Act) shall apply only if they were applicable to the last previous computation of such individual’s primary insurance amount, or would have been applicable to such computation if there had been taken into account— ‘‘(A) his wages and self-employment income in the year in which he became entitled to old-age in- surance benefits or filed application for the last previous recomputation of his primary insurance amount, where he is living at the time of the appli- cation for recomputation under this subsection, or ‘‘(B) his wages and self-employment income in the year in which he died without becoming enti- tled to old-age insurance benefits, or (if he was en- titled to such benefits) the year in which applica- tion was filed for the last previous computation of his primary insurance amount or in which he died, whichever first occurred, where he has died at the time of the application for such recomputation. If the primary insurance amount of an individual was recomputed under section 215(f)(3) of the Social Secu- rity Act [42 U.S.C. 415(f)(3)] as in effect prior to the en- actment of this Act, and such amount would have been larger if the recomputation had been made under such section as modified by this subsection, then the Sec- retary shall recompute such primary insurance amount under such section as so modified, but only if an appli- cation for such recomputation is filed on or after the date of the enactment of this Act [Sept. 13, 1960]. A re- computation under the preceding sentence shall be ef- fective for and after the first month for which the last previous recomputation of such individual’s primary insurance amount under such section 215 [42 U.S.C. 415] was effective, but in no event for any month prior to the twenty-fourth month before the month in which the application for a recomputation is filed under the preceding sentence.’’ SPECIAL STARTING AND CLOSING DATES FOR CERTAIN INDIVIDUALS FOR COMPUTATION OF 1957 BENEFIT AMOUNTS Act Aug. 1, 1956, ch. 836, title I, § 110, 70 Stat. 830, pro- vided that: ‘‘In the case of an individual who died or be- came (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) entitled to old- age insurance benefits in 1957 and with respect to whom not less than six of the quarters elapsing after 1955 and prior to the quarter following the quarter in which he died or became entitled to old-age insurance benefits, whichever first occurred, are quarters of coverage, his primary insurance amount shall be computed under section 215(a)(1)(A) of such Act [42 U.S.C. 415(a)(1)(A)], with a starting date of December 31, 1955, and a closing date of July 1, 1957, but only if it would result in a higher primary insurance amount. For the purposes of section 215(f)(3)(C) of such Act, the determination of an individual’s closing date under the preceding sentence shall be considered as a determination of the individ- ual’s closing date under section 215(b)(3)(A) of such Act and the recomputation provided for by such section 215(f)(3)(C) shall be made using July 1, 1957, as the clos- ing date, but only if it would result in a higher primary insurance amount. In any such computation on the basis of a July 1, 1957, closing date, the total of his wages and self-employment income after December 31, 1956, shall, if it is in excess of $2,100, be reduced to such amount.’’ SPECIAL STARTING AND CLOSING DATES FOR CERTAIN INDIVIDUALS FOR COMPUTATION OF 1966 BENEFIT AMOUNTS Act Sept. 1, 1954, ch. 1206, title I, § 102(e)(6), 68 Stat. 1069, provided that: ‘‘In the case of an individual who died or became (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) entitled to old-age insurance benefits in 1956 and with respect to whom not less than six of the quarters elaps- ing after 1954 and prior to the quarter following the quarter in which he died or became entitled to old-age insurance benefits, whichever first occurred, are quar- ters of coverage, his primary insurance amount shall be computed under section 215(a)(1)(A) of such Act, as amended by this Act [42 U.S.C. 415(a)(1)(A)], with a starting date of December 31, 1954, and a closing date of July 1, 1956, but only if it would result in a higher pri- mary insurance amount. For the purposes of section 215(f)(3)(C) of such Act, the determination of an individ- ual’s closing date under the preceding sentence shall be considered as a determination of the individual’s clos- ing date under section 215(b)(3)(A) of such Act, and the recomputation provided for by such section 215(f)(3)(C) shall be made using July 1, 1956, as the closing date, but only if it would result in a higher primary insurance amount. In any such computation on the basis of a July 1, 1956 closing date, the total of his wages and self-em- ployment income after December 31, 1955, shall, if it is in excess of $2,100, be reduced to such amount.’’ STUDY OF FEASIBILITY OF INCREASING BENEFITS Act Sept. 1, 1954, ch. 1206, title IV, § 404, 68 Stat. 1099, authorized the Secretary of Health, Education, and Welfare [now Health and Human Services] to conduct a feasibility study with a view toward increasing the minimum old-age insurance benefit under this sub- chapter to $55, $60, or $75 per month and required him to report the results of his study to the Congress at the earliest practicable date. CHANGE OF WAGE CLOSING DATE OF CERTAIN INDIVID- UALS DEAD OR ELIGIBLE IN 1952 TO THE FIRST WAY OF THE QUARTER OF DEATH OR ENTITLEMENT Act July 18, 1952, ch. 945, § 6(c), 66 Stat. 777, provided that: ‘‘In the case of an individual who died or became (without the application of section 202(j)(1) of the So- Page 2021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 416 cial Security Act [42 U.S.C. 402(j)(1)]) entitled to old- age insurance benefits in 1952 and with respect to whom not less than six of the quarters elapsing after 1950 and prior to the quarter following the quarter in which he died or became entitled to old-age insurance benefits, whichever first occurred, are quarters of coverage, his wage closing date shall be the first day of such quarter of death or entitlement instead of the day specified in section 215(b)(3) of such Act [42 U.S.C. 415(b)(3)], but only if it would result in a higher primary insurance amount for such individual. The terms used in this paragraph shall have the same meaning as when used in title II of the Social Security Act [42 U.S.C. 401 et seq.].’’ COMPUTATION OF INCREASED BENEFITS TO INDIVIDUALS ENTITLED THERETO FOR AUGUST 1952 Act July 18, 1952, ch. 945, § 6(e), 66 Stat. 777, provided that: ‘‘In case the benefit of any individual for any month after August 1952 is computed under section 2(c)(2)(A) of this Act [set out as a note under this sec- tion] through use of a benefit (after the application of sections 203 and 215(g) of the Social Security Act [42 U.S.C. 403, 415(g)] as in effect prior to the enactment of this Act [July 18, 1952]) for August 1952 which could have been derived from either of two (and not more than two) primary insurance amounts, and such pri- mary insurance amounts differ from each other by not more than $0.10, then the benefit of such individual for such month of August 1952 shall, for the purposes of the last sentence of such section 2(c)(2)(A) [set out as a note under this section], be deemed to have been de- rived from the larger of such two primary insurance amounts.’’ COMPUTATION OF INCREASED BENEFITS FOR DEPEND- ENTS AND SURVIVORS ON BENEFIT ROLLS FOR AUGUST 1952 Act July 18, 1952, ch. 945, § 2(c)(2), 66 Stat. 768, as amended by act Sept. 1, 1954, § 102(g), eff. Sept. 1, 1954, provided that: ‘‘(A) In the case of any individual who is (without the application of section 202(j)(1) of the Social Security Act) [42 U.S.C. 402(j)(1)] entitled to a monthly benefit under subsection (b), (c), (d), (e), (f), (g), or (h) of such section 202 for August 1952, whose benefit for such month is computed through use of a primary insurance amount determined under paragraph (1) or (2) of section 215(c) of such Act [42 U.S.C. 415(c)], and who is entitled to such benefit for any succeeding month on the basis of the same wages and self-employment income, the amendments made by this section shall not (subject to the provisions of subparagraph (B) of this paragraph) apply for purposes of computing the amount of such benefit for such succeeding month. The amount of such benefit for such succeeding month shall instead be equal to the larger of (i) 1121⁄2 per centum of the amount of such benefit (after the application of sec- tions 203(a) and 215(g) of the Social Security Act [42 U.S.C. 403(a), 415(g)] as in effect prior to the enactment of this Act [July 18, 1952]) for August 1952, increased, if it is not a multiple of $0.10, to the next higher multiple of $0.10, or (ii) the amount of such benefit (after the ap- plication of sections 203(a) and 215(g) of the Social Se- curity Act as in effect prior to the enactment of this Act [July 18, 1952]) for August 1952, increased by an amount equal to the product obtained by multiplying $5 by the fraction applied to the primary insurance amount which was used in determining such benefit, and further increased, if such product is not a multiple of $0.10, to the next higher multiple of $0.10. The provi- sions of section 203(a) of the Social Security Act, as amended by this section (and, for purposes of such sec- tion 203(a), the provisions of section 215(c)(4) of the So- cial Security Act, as amended by this section), shall apply to such benefit as computed under the preceding sentence of this subparagraph, and the resulting amount, if not a multiple of $0.10, shall be increased to the next higher multiple of $0.10. ‘‘(B) The provisions of subparagraph (A) shall cease to apply to the benefit of any individual under title II of the Social Security Act [42 U.S.C. 401 et seq.] for any month after August 1954.’’ DETERMINATION OF PRIMARY INSURANCE AMOUNT OF INDIVIDUALS WHO DIED AFTER 1939 AND PRIOR TO 1951 Pub. L. 86–778, title II, § 204(b), Sept. 13, 1960, 74 Stat. 948, provided that: ‘‘The primary insurance amount (for purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.]) of any individual who died after 1939 and prior to 1951 shall be determined as provided in section 215(a)(2) of such Act [42 U.S.C. 415(a)(2)].’’ BENEFITS IN CERTAIN CASES OF DEATHS BEFORE SEPTEMBER 1950 Act Sept. 1, 1954, ch. 1206, title I, § 109, 68 Stat. 1084, as amended by Pub. L. 86–778, title II, § 204(c), Sept. 13, 1960, 74 Stat. 948, provided that in the case of an indi- vidual who died prior to Sept. 1, 1950, and was not a fully insured individual when he died and who had at least six quarters of coverage under this subchapter, such individual was generally to be deemed to have died fully insured, his primary insurance amount was to be deemed to be computed under subsec. (a)(2) of this section, the proof of support requirement in section 402(h) of this title was not to be applicable where such proof was filed before Sept. 1956, and that the provi- sions of this section were to apply to monthly benefits under section 402 of this title for months after Aug. 1954 and in or prior to Sept. 1960. COMPUTATION OF PRIMARY INSURANCE AMOUNT OF INDIVIDUALS WHO DIED PRIOR TO 1940 Pub. L. 86–778, title II, § 205(c), Sept. 13, 1960, 74 Stat. 949, provided that: ‘‘The primary insurance amount (for purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.]) of any individual who died prior to 1940, and who had not less than six quarters of coverage (as defined in section 213 of such Act [42 U.S.C. 413]), shall be computed under section 215(a)(2) of such Act [42 U.S.C. 415(a)(2)].’’ [Section 205(c) of Pub. L. 86–778 as applicable only in the case of monthly benefits under this subchapter for months after September 1960, on the basis of applica- tions filed in or after such month, see section 205(d) of Pub. L. 86–778, set out as an Effective Date of 1960 Amendment note under section 402 of this title.] Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Gov- ernment Organization and Employees. § 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-