§ 4056. Creditable service
(a) Applicability of civil service provisions
(1) 1 Except as otherwise specified by law, all
periods of civilian and military and naval serv-
ice, and all other periods through the date of
final separation of a participant from the Serv-
ice that the Secretary of State determines
would be creditable toward retirement under the
Civil Service Retirement and Disability System
(as determined in accordance with section 8332
of title 5), shall be creditable for purposes of this
part. Conversely, any such service performed
after December 31, 1976, that would not be cred-
itable under specified conditions under section
8332 of title 5, shall be excluded under this part
under the same conditions.
(2) The service of an individual who first be-
comes a participant on or after October 17, 1983,
without any credit under this section for civil-
ian service performed prior to October 1, 1982,
shall include credit for:
(A) each period of military or naval service
performed before January 1, 1957, and
(B) each period of military or naval service
performed after December 31, 1956, and before
the separation on which the entitlement to
annuity under this part is based, only if a de-
posit (with interest if any is required) is made
with respect to that period, as provided in sec-
tion 4045(e) of this title.
(3) The service of an individual who first be-
came a participant on or after October 17, 1983,
with credit under this section for civilian serv-
ice performed prior to October 1982, shall include
credit for each period of military or naval serv-
ice performed before the date of the separation
on which the entitlement to an annuity under
this part is based, subject, in the case of mili-
tary or naval service performed after December
File SHA-256: 1b8bce9cc18c4b578c51df52f1e2c47e3a8c2029dfb0f6dbde44441c65e94663. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_ca08828deb344fb7d290a70e Source file: Laws/federal/codes/united-states-code-2024/title-22/section-4056-creditable-service--2fb7733487.md Pages: Not recorded – Not recorded Passage SHA-256: 1e2e86ecbd97d872c3ffb24a03ac96655a93ac521bb7f02db85849bb4dd42335 Retained source evidence SHA-256: 1b8bce9cc18c4b578c51df52f1e2c47e3a8c2029dfb0f6dbde44441c65e94663
Page 1498
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4056
1 See Amendment of Section note below.
payable to the former spouse. For the purposes
of this subsection, the term ‘‘creditable service’’
means service which is creditable under part I or
II.
(Pub. L. 96–465, title I, § 815, Oct. 17, 1980, 94 Stat.
2116; Pub. L. 99–335, title IV, §§ 402(a)(2), 404(c),
413, June 6, 1986, 100 Stat. 609, 610, 614; Pub. L.
100–238, title II, § 218, Jan. 8, 1988, 101 Stat. 1775.)
AMENDMENT OF SECTION
Ex. Ord. No. 12446, § 1(a), (c), Oct. 17, 1983, 48
F.R. 48443, set out as a note under section 4067
of this title, provided that the first sentence of
subsection (h) of this section, applicable (i) to
contributions for civilian service performed on
or after the first day of Nov. 1983, (ii) to con-
tributions for prior refunds to participants for
which application is received by the employing
agency on and after such first day of Nov. 1983,
and (iii) to excess contributions under section
4055(h) of this title and voluntary contributions
under section 4065(a) of this title from the first
day of Nov. 1983, is deemed to be amended to
provide that interest shall be compounded at the
annual rate of 3 percent per annum through
December 31, 1984, and thereafter at a rate
equal to the overall average yield to the Fund
during the preceding fiscal year from all obliga-
tions purchased by the Secretary of the Treas-
ury during such fiscal year under section 4059
of this title, as determined by the Secretary of
the Treasury.
Editorial Notes
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–238 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as fol-
lows: ‘‘Whenever a participant becomes separated from
the Service without becoming eligible for an annuity or
a deferred annuity under this subchapter, a lump-sum
credit shall be paid to the participant (and to any
former spouse of the participant, in accordance with
subsection (i) of this section). A participant who be-
comes subject to part II of this subchapter shall be en-
titled to payment of the lump-sum credit if, and to the
extent that, such lump-sum credit relates to service of
a type described in clauses (i) through (iii) of section
302(a)(1)(C) of the Federal Employees’ Retirement Sys-
tem Act of 1986.’’
1986—Subsec. (a). Pub. L. 99–335, § 413, inserted provi-
sion relating to payment of a lump-sum credit for a
participant who becomes subject to part II of this sub-
chapter.
Subsecs. (c), (d). Pub. L. 99–335, § 402(a)(2), substituted
‘‘part’’ for ‘‘subchapter’’.
Subsec. (i). Pub. L. 99–335, § 404(c), inserted provision
defining ‘‘creditable service’’ as service creditable
under part I or II of this subchapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–238 effective 90 days after
Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out
as a note under section 4054 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–335 effective Jan. 1, 1987,
see section 702(a) of Pub. L. 99–335, set out as an Effec-
tive Date note under section 8401 of Title 5, Govern-
ment Organization and Employees.
§ 4056. Creditable service
(a) Applicability of civil service provisions
(1) 1 Except as otherwise specified by law, all
periods of civilian and military and naval serv-
ice, and all other periods through the date of
final separation of a participant from the Serv-
ice that the Secretary of State determines
would be creditable toward retirement under the
Civil Service Retirement and Disability System
(as determined in accordance with section 8332
of title 5), shall be creditable for purposes of this
part. Conversely, any such service performed
after December 31, 1976, that would not be cred-
itable under specified conditions under section
8332 of title 5, shall be excluded under this part
under the same conditions.
(2) The service of an individual who first be-
comes a participant on or after October 17, 1983,
without any credit under this section for civil-
ian service performed prior to October 1, 1982,
shall include credit for:
(A) each period of military or naval service
performed before January 1, 1957, and
(B) each period of military or naval service
performed after December 31, 1956, and before
the separation on which the entitlement to
annuity under this part is based, only if a de-
posit (with interest if any is required) is made
with respect to that period, as provided in sec-
tion 4045(e) of this title.
(3) The service of an individual who first be-
came a participant on or after October 17, 1983,
with credit under this section for civilian serv-
ice performed prior to October 1982, shall include
credit for each period of military or naval serv-
ice performed before the date of the separation
on which the entitlement to an annuity under
this part is based, subject, in the case of mili-
tary or naval service performed after December
1956, to subsection (j).
(4) The service of an individual who first be-
came a participant before October 17, 1983, shall
include credit for each period of military or
naval service performed before the date of the
separation on which the entitlement to an annu-
ity under this part is based, subject, in the case
of military or naval service performed after De-
cember 1976, to subsection (j).
(b) Unused sick leave credit
In computing any annuity under this part, the
total service of a participant who retires on an
immediate annuity or who dies leaving a sur-
vivor or survivors entitled to annuity includes
(without regard to the 35-year limitation im-
posed by section 4046(a) of this title) the days of
unused sick leave to the credit of the partici-
pant, except that these days shall not be count-
ed in determining average basic salary or annu-
ity eligibility under this part. A contribution to
the Fund shall not be required from a partici-
pant for this service credit.
(c) Service with other Government agency when
on approved leave without pay; arrangement
for payment of retirement deductions and
agency contributions; special contribution
(1) A participant who enters on approved leave
without pay to serve as a full-time officer or em-
Page 1499
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4056
ployee of an organization composed primarily of
Government employees may, within 60 days
after entering on that leave without pay, file
with the employing agency an election to re-
ceive full retirement credit for such periods of
leave without pay and arrange to pay concur-
rently into the Fund through the employing
agency, amounts equal to the retirement deduc-
tions and agency contributions on the Foreign
Service salary rate that would be applicable if
the participant were in a pay status. If the elec-
tion and all payments provided by this sub-
section are not made for the periods of such
leave without pay occurring after November 7,
1976, the participant may not receive any credit
for such periods of leave without pay occurring
after such date.
(2) A participant may make a special contribu-
tion for any period or periods of approved leave
without pay while serving before November 7,
1976, as a full-time officer or employee of an or-
ganization composed primarily of Government
employees. Any such contribution shall be based
upon the suspended Foreign Service salary rate
and shall be computed in accordance with sec-
tion 4045 of this title. A participant who makes
such contributions shall be allowed full retire-
ment credit for the period or periods of leave
without pay. If this contribution is not made, up
to 6 months’ retirement credit shall be allowed
for such periods of leave without pay each cal-
endar year.
(d) Special contribution in repayment of refund
of retirement contributions
1 A participant who has received a refund of re-
tirement contributions (which has not been re-
paid) under this or any other retirement system
for Government employees covering service
which may be creditable may make a special
contribution for such service under section 4045
of this title. Credit may not be allowed for serv-
ice covered by the refund unless the special con-
tribution is made.
(e) Civilian service under other Government re-
tirement system
No credit in annuity computation shall be al-
lowed for any period of civilian service for which
a participant made retirement contributions to
another retirement system for Government em-
ployees unless—
(1) the right to any annuity under the other
system which is based on such service is
waived, and
(2) a special contribution is made under sec-
tion 4045 of this title covering such service.
(f) Service in military during period of war or
national emergency
A participant who during a period of war, or
national emergency proclaimed by the President
or declared by the Congress, leaves the Service
to enter the military service is deemed, for the
purpose of this part, as not separated from the
Service unless the participant applies for and re-
ceives a lump-sum payment under section 4055 of
this title. However, the participant is deemed to
be separated from the Service after the expira-
tion of 5 years of such military service.
(g) Recomputation of annuity for participants of
Japanese ancestry interned during World
War II
(1) An annuity or survivor annuity based on
the service of a participant of Japanese ancestry
who would be eligible under section 8332(l) of
title 5, for credit for civilian service for periods
of internment during World War II shall, upon
application to the Secretary of State, be recom-
puted to give credit for that service. Any such
recomputation of an annuity shall apply with
respect to months beginning more than 30 days
after the date on which application for such re-
computation is received by the Secretary of
State.
(2) The Secretary of State shall take such ac-
tion as may be necessary and appropriate to in-
form individuals entitled to have any service
credited or annuity recomputed under this sub-
section of their entitlement to such credit or re-
computation.
(3) The Secretary of State shall, on request,
assist any individual referred to in paragraph (1)
in obtaining from any agency or other Govern-
ment establishment information necessary to
verify the entitlement of the individual to have
any service credited or any annuity recomputed
under this subsection.
(4) Any agency or other Government establish-
ment shall, upon request, furnish to the Sec-
retary of State any information it possesses
with respect to the internment or other deten-
tion, as described in section 8332(l) of title 5, of
any participant.
(h) Service as employees of Member or office of
Congress while on approved leave without
pay
A participant who, while on approved leave
without pay, serves as a full-time paid employee
of a Member or office of the Congress shall con-
tinue to make contributions to the Fund based
upon the Foreign Service salary rate that would
be in effect if the participant were in a pay sta-
tus. The participant’s employing office in the
Congress shall make a matching contribution
(from the appropriation or fund which is used
for payment of the salary of the participant) to
the Treasury of the United States to the credit
of the Fund. All periods of service for which full
contributions to the Fund are made under this
subsection shall be counted as creditable service
for purposes of this part and shall not, unless all
retirement credit is transferred, be counted as
creditable service under any other Government
retirement system.
(i) Former spouses
(1) Service of a participant shall be considered
creditable service for purposes of applying provi-
sions of this part relating to former spouses if
such service would be creditable—
(A) under subsection (c)(1) or (2) but for the
fact an election was not made under sub-
section (c)(1) or a special contribution was not
made under subsection (c)(2), and
(B) under subsection (d) but for the fact that
a refund of contributions has not been repaid
unless the former spouse received under this
part a portion of the lump sum (or a spousal
agreement or court order provided otherwise).
Page 1500
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4056
(2) A former spouse shall not be considered as
married to a participant for periods assumed to
be creditable service under section 4048(a) of this
title or section 4049(e) of this title.
(j) Redetermination of credit for military and
naval service
(1) Except as otherwise provided by statute or
Executive Order, section 8332(j) of title 5, relat-
ing to redetermination of credit for military and
naval service, shall be applied to annuities pay-
able under this part. The Secretary of State
shall redetermine service, and may request and
obtain information from the Secretary of Health
and Human Services, as the Office of Personnel
Management is directed or authorized to do in
section 8332(j).
(2) Section 8332(j) of title 5 shall not apply
with respect to:
(A) the service of any individual who first
became a participant on or after October 17,
1983, without any credit under this section for
civilian service performed prior to October
1982; or
(B) any military or naval service performed
prior to 1957 by an individual who first became
a participant on or after October 17, 1983, with
credit under this section for civilian service
performed prior to October 1982, or any period
of military or naval service performed after
1956 with respect to which the participant has
made a contribution (with interest if any is re-
quired) under section 4045(e) of this title; or
(C) any military or naval service performed
prior to 1977 by any individual who first be-
came a participant before October 17, 1983, or
any period of military or naval service per-
formed after 1976 with respect to which the
participant has made a contribution (with in-
terest if any is required) under section 4045(e)
of this title.
(Pub. L. 96–465, title I, § 816, Oct. 17, 1980, 94 Stat.
2118; Ex. Ord. No. 12446, § 4(b), (c), Oct. 17, 1983, 48
F.R. 48444, 48445; Pub. L. 99–335, title IV,
§ 402(a)(2), June 6, 1986, 100 Stat. 609; Pub. L.
101–246, title I, § 145(a), Feb. 16, 1990, 104 Stat. 36.)
AMENDMENT OF SECTION
Ex. Ord. No. 12446, § 5, Oct. 17, 1983, 48 F.R.
48445, set out as a note under section 4067 of
this title, provided that:
‘‘(a) Section 816(a) of the Act (22 U.S.C. 4056(a))
is deemed to be further amended so that the provi-
sions of section 8332(j) of Title 5 of the United States
Code, relating to credit for military service, shall
not apply with respect to any individual who is en-
titled to an annuity under such Act [this chapter]
on or before the date of approval of this Order [Oct.
17, 1983], or who is entitled to an annuity based on
a separation from service occurring on or before
such date.
‘‘(b) Subject to subsection (c), in any case in
which an individual described in subsection (a) is
also entitled to old-age or survivors insurance bene-
fits under section 202 of the Social Security Act [42
U.S.C. 402] (or would be entitled to such benefits
upon filing application therefor), the amount of the
annuity to which such individual is entitled under
chapter 8 of the Act [this subchapter] (after taking
into account subsection (a)) which is payable for
any month shall be reduced by an amount deter-
mined by multiplying the amount of such old-age or
survivors insurance benefit for the determination
month by a fraction—
‘‘(1) the numerator of which is the total of the
wages (within the meaning of section 209 of the
Social Security Act [42 U.S.C. 409]) for service re-
ferred to in section 210(1) of such Act [42 U.S.C.
410] (relating to service in the uniformed services)
and deemed additional wages (within the meaning
of section 229 of such Act [42 U.S.C. 429]) of such
individual credited for years after 1956 and before
the calendar year in which the determination
month occurs, up to the contribution and benefit
base determined under section 230 of the Social
Security Act [42 U.S.C. 430] (or other applicable
maximum annual amount referred to in section
215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each
such year, and
‘‘(2) the denominator of which is the total of all
wages deemed additional wages described in para-
graph (1) of this subsection plus all other wages
(within the meaning of section 209 of the Social
Security Act [42 U.S.C. 409]) and all self-employ-
ment income (within the meaning of section 211(b)
of such Act [42 U.S.C. 411(b)]) of such individual
credited for years after 1936 and before the cal-
endar year in which the determination month oc-
curs, up to the contribution and benefit base (or
such other amount referred to in such section
215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each
such year.
‘‘(c) Subsection (b) shall not reduce the annuity
of any individual below the amount of the annuity
which would be payable under chapter 8 of the Act
[this subchapter] to the individual for the deter-
mination month if section 8332(j) of Title 5 of the
United States Code applied to the individual for
such month.
‘‘(d) For purposes of this section, the term ‘deter-
mination month’ means—
‘‘(1) the first month the individual described in
subsection (a) is entitled to old-age or survivors
insurance benefits under section 202 of the Social
Security Act [42 U.S.C. 402] (or would be entitled
to such benefits upon filing application therefor);
or
‘‘(2) the first day of the month following the
month in which this Order is issued [Oct. 1983] in
the case of any individual so entitled to such ben-
efits for such month.
‘‘(e) The preceding provisions of this section shall
take effect with respect to any annuity payment
payable under chapter 8 of the Act [this subchapter]
for calendar months beginning after the date of this
Order [Oct. 17, 1983].
‘‘(f) The Secretary of Health and Human Services
shall furnish such information to the Secretary of
State as may be necessary to carry out the pre-
ceding provisions of this section.’’
Ex. Ord. No. 12446, § 1(b), (c), provided that
subsection (d) of this section, applicable (i) to
contributions for civilian service performed on
or after the first day of Nov. 1983, (ii) to con-
tributions for prior refunds to participants for
which application is received by the employing
agency on and after such first day of Nov. 1983,
and (iii) to excess contributions under section
4055(h) of this title and voluntary contributions
under section 4065(a) of this title from the first
day of Nov. 1983, is deemed to be amended to ex-
Page 1501
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4060
clude from the computation of creditable civil-
ian service under subsec. (a) of this section any
period of civilian service for which retirement
deductions or contributions have not been made
under section 4045(d) of this title unless—
(1) the participant makes a contribution for
such period as provided in such section 4045(d)
of this title; or
(2) no contribution is required for such service
as provided under section 4045(f) of this title as
deemed to be amended by this Order, or under
any other statute.
Editorial Notes
AMENDMENTS
1990—Subsec. (i)(2). Pub. L. 101–246 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘A former spouse shall not be considered as married to
a participant—
‘‘(A) for periods assumed to be creditable service
under section 4048(a) of this title or section 4049(e) of
this title, or
‘‘(B) for any extra period of creditable service pro-
vided under section 4057 of this title for service of a
participant at an unhealthful post unless the former
spouse resided with the participant at that post dur-
ing that period.’’
1986—Subsecs. (a), (b), (f), (h), (i)(1), (j)(1). Pub. L.
99–335 substituted ‘‘part’’ for ‘‘subchapter’’ wherever
appearing.
1983—Subsec. (a). Ex. Ord. No. 12446, § 4(b), designated
existing provisions as par. (1) and added pars. (2) to (4).
Subsec. (j). Ex. Ord. No. 12446, § 4(c), added subsec. (j).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–335 effective Jan. 1, 1987,
see section 702(a) of Pub. L. 99–335, set out as an Effec-
tive Date note under section 8401 of Title 5, Govern-
ment Organization and Employees.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 4 of Ex. Ord. No. 12446 effec-
tive Oct. 17, 1983, see section 4(e) of Ex. Ord. No. 12446,
set out under section 4067 of this title.
§ 4057. Extra credit for service at unhealthful
posts
The Secretary of State may from time to time
establish a list of places which by reason of cli-
matic or other extreme conditions are to be
classed as unhealthful posts. Each year of duty
at such posts, inclusive of regular leaves of ab-
sence, shall be counted as one and a half years
in computing the length of the service of a par-
ticipant for the purpose of retirement, frac-
tional months being considered as full months
in computing such service. No such extra credit
for service at such unhealthful posts shall be
credited to any participant who is paid a dif-
ferential under section 5925 or 5928 of title 5 for
such service. Such extra credit may not be used
to determine the eligibility of a person to qual-
ify as a former spouse under this part, or to
compute the pro rata share under section
4044(10) of this title. No extra credit for service
at unhealthful posts may be given under this
section for any service as part of a tour of duty,
or extension thereof, beginning on or after Feb-
ruary 16, 1990.
(Pub. L. 96–465, title I, § 817, Oct. 17, 1980, 94 Stat.
2120; Pub. L. 101–246, title I, § 145(b), Feb. 16, 1990,
104 Stat. 37.)
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–246 inserted provisions at end that
extra credit not be used to determine eligibility to
qualify as former spouse under this part or to compute
the pro rata share under section 4044(10) of this title
and that no extra credit for service at unhealthful
posts be given under this section for any service as part
of a tour of duty, or extension thereof, beginning on or
after Feb. 16, 1990.
§ 4058. Estimate of appropriations needed
The Secretary of the Treasury shall prepare
the estimates of the annual appropriations re-
quired to be made to the Fund, and shall make
actuarial valuations of the System at intervals
of not more than five years. The Secretary of
State may expend from money to the credit of
the Fund an amount not exceeding $5,000 per
year for the incidental expenses necessary in ad-
ministering the provisions of this part, includ-
ing actuarial advice.
(Pub. L. 96–465, title I, § 818, Oct. 17, 1980, 94 Stat.
2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6,
1986, 100 Stat. 609.)
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–335 substituted ‘‘part’’ for ‘‘sub-
chapter’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–335 effective Jan. 1, 1987,
see section 702(a) of Pub. L. 99–335, set out as an Effec-
tive Date note under section 8401 of Title 5, Govern-
ment Organization and Employees.
§ 4059. Investment of Fund
The Secretary of the Treasury shall invest
from time to time in interest-bearing securities
of the United States such portions of the Fund
as in the judgment of the Secretary of the
Treasury may not be immediately required for
the payment of annuities, cash benefits, refunds,
and allowances. The income derived from such
investments shall constitute a part of the Fund.
(Pub. L. 96–465, title I, § 819, Oct. 17, 1980, 94 Stat.
2120.)
§ 4060. Assignment and attachment of moneys
(a) Annuities and severance pay benefits
(1) An individual entitled to an annuity from
the Fund may make allotments or assignments
of amounts from such annuity for such purposes
as the Secretary of State in his or her sole dis-
cretion considers appropriate.
(2) Notwithstanding section 3727 of title 31 or
any other law, a member of the Service who is
entitled
to
receive
benefits
under
section
4009(b)(1) of this title may assign to any person
the whole or any part of those benefits. Any
such assignment shall be on a form approved by
the Secretary of the Treasury and a copy of such
assignment form shall be deposited with the
Secretary of the Treasury by the member exe-
cuting the assignment.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of civil service provisions**
(1) 11 See Amendment of Section note below. Except as otherwise specified by law, all periods of civilian and military and naval service, and all other periods through the date of final separation of a participant from the Service that the Secretary of State determines would be creditable toward retirement under the Civil Service Retirement and Disability System (as determined in accordance with [section 8332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8332&num=0&edition=prelim)), shall be creditable for purposes of this part. Conversely, any such service performed after December 31, 1976, that would not be creditable under specified conditions under [section 8332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8332&num=0&edition=prelim), shall be excluded under this part under the same conditions.
(2) The service of an individual who first becomes a participant on or after October 17, 1983, without any credit under this section for civilian service performed prior to October 1, 1982, shall include credit for:
(A) each period of military or naval service performed before January 1, 1957, and
(B) each period of military or naval service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this part is based, only if a deposit (with interest if any is required) is made with respect to that period, as provided in [section 4045(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/e&num=0&edition=prelim).
(3) The service of an individual who first became a participant on or after October 17, 1983, with credit under this section for civilian s
**(a) Old-age insurance benefits** Every individual who—
(1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month.
**(b) Wife’s insurance benefits**
(1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 402. Old-age and survivors insurance benefit
payments
(a) Old-age insurance benefits
Every individual who—
(1) is a fully insured individual (as defined in
section 414(a) of this title),
(2) has attained age 62, and
(3) has filed application for old-age insurance
benefits or was entitled to disability insurance
benefits for the month preceding the month in
which he attained retirement age (as defined
in section 416(l) of this title),
shall be entitled to an old-age insurance benefit
for each month, beginning with—
(A) in the case of an individual who has at-
tained retirement age (as defined in section
416(l) of this title), the first month in which
such individual meets the criteria specified in
paragraphs (1), (2), and (3), or
(B) in the case of an individual who has at-
tained age 62, but has not attained retirement
age (as defined in section 416(l) of this title),
the first month throughout which such indi-
vidual meets the criteria specified in para-
graphs (1) and (2) (if in that month he meets
the criterion specified in paragraph (3)),
and ending with the month preceding the month
in which he dies. Except as provided in sub-
section (q) and subsection (w), such individual’s
old-age insurance benefit for any month shall be
equal to his primary insurance amount (as de-
fined in section 415(a) of this title) for such
month.
(b) Wife’s insurance benefits
(1) The wife (as defined in section 416(b) of this
title) and every divorced wife (as defined in sec-
tion 416(d) of this title) of an individual entitled
to old-age or disability insurance benefits, if
such wife or such divorced wife—
(A) has filed application for wife’s insurance
benefits,
(B)(i) has attained age 62, or
(ii) in the case of a wife, has in her care (in-
dividually or
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes of this subchapter, the term “wages” means remuneration paid prior to 1951 which was wages for the purposes of this subchapter under the law applicable to the payment of such remuneration, and remuneration paid after 1950 for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that, in the case of remuneration paid after 1950, such term shall not include—
(1)
(A) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $3,600 with respect to employment has been paid to an individual during any calendar year prior to 1955, is paid to such individual during such calendar year;
(B) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $4,200 with respect to employment has been paid to an individual during any calendar year after 1954 and prior to 1959, is paid to such individual during such calendar year;
(C) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $4,800 with respect to employment has been paid to an individual during any calendar year after 1958 and prior to 1966, is paid to such individual during such calendar year;
(D) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965 and prior to 1968, is paid to such individual during such calendar year;
(E) That part of remuneration which, aft
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 409. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 409. ‘‘Wages’’ defined
(a) In general
For the purposes of this subchapter, the term
‘‘wages’’ means remuneration paid prior to 1951
which was wages for the purposes of this sub-
chapter under the law applicable to the payment
of such remuneration, and remuneration paid
after 1950 for employment, including the cash
value of all remuneration (including benefits)
paid in any medium other than cash; except
that, in the case of remuneration paid after 1950,
such term shall not include—
(1)(A) That part of remuneration which,
after remuneration (other than remuneration
referred to in the succeeding subsections of
this section) equal to $3,600 with respect to
employment has been paid to an individual
during any calendar year prior to 1955, is paid
to such individual during such calendar year;
(B) That part of remuneration which, after
remuneration (other than remuneration re-
ferred to in the succeeding subsections of this
section) equal to $4,200 with respect to em-
ployment has been paid to an individual dur-
ing any calendar year after 1954 and prior to
1959, is paid to such individual during such cal-
endar year;
(C) That part of remuneration which, after
remuneration (other than remuneration re-
ferred to in the succeeding subsections of this
section) equal to $4,800 with respect to em-
ployment has been paid to an individual dur-
ing any calendar year after 1958 and prior to
1966, is paid to such individual during such cal-
endar year;
(D) That part of remuneration which, after
remuneration (other than remuneration re-
ferred to in the succeeding subsections of this
section) equal to $6,600 with respect to em-
ployment has been paid to an individual dur-
ing any calendar year after 1965 and prior to
1968, is paid to such individual during s
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 409. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include—
(1) Service performed by foreign agricultural workers lawfully admitted to the United States fro
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 410. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 410. Definitions relating to employment
For the purposes of this subchapter—
(a) Employment
The term ‘‘employment’’ means any service
performed after 1936 and prior to 1951 which was
employment for the purposes of this subchapter
under the law applicable to the period in which
such service was performed, and any service, of
whatever nature, performed after 1950 (A) by an
employee for the person employing him, irre-
spective of the citizenship or residence of either,
(i) within the United States, or (ii) on or in con-
nection with an American vessel or American
aircraft under a contract of service which is en-
tered into within the United States or during
the performance of which and while the em-
ployee is employed on the vessel or aircraft it
touches at a port in the United States, if the
employee is employed on and in connection with
such vessel or aircraft when outside the United
States, or (B) outside the United States by a cit-
izen or resident of the United States as an em-
ployee (i) of an American employer (as defined
in subsection (e) of this section), or (ii) of a for-
eign affiliate (as defined in section 3121(l)(6) of
the Internal Revenue Code of 1986) of an Amer-
ican employer during any period for which there
is in effect an agreement, entered into pursuant
to section 3121(l) of such Code, with respect to
such affiliate, or (C) if it is service, regardless of
where or by whom performed, which is des-
ignated as employment or recognized as equiva-
Page 1958
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 410
lent to employment under an agreement entered
into under section 433 of this title; except that,
in the case of service performed after 1950, such
term shall not include—
(1) Service performed by foreign agricultural
workers lawful
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 410. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Primary insurance amount**
(1)
(A) The primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of—
(i) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B),
(ii) 32 percent of the individual’s average indexed 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 indexed 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 eligible 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 subparagraph (A) shall be $180 and $1,085, respectively.
(ii) For individuals who initially become eligible 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 product 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 defined in [section 409(k)(1) of this title]
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 415. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
obtaine
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 415. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this subchapter on the basis of the wages and self-employment income of any individual, and for purposes of [section 416(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i/3&num=0&edition=prelim), such individual, if he was paid wages for service as a member of a uniformed service (as defined in [section 410(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/m&num=0&edition=prelim)) which was included in the term “employment” as defined in [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim) as a result of the provisions of section 410(l)(1)(A) of this title, shall be deemed to have been paid—
(1) in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and
(2) in each calendar year occurring after 1977 and before 2002 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of additional wages for any calendar year.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 429. This identifies an authority to review, not proof of applicability.