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Title 42 — The Public Health and Welfare

Part A · Chapter 7 — Social Security

§ 1382f. Cost-of-living adjustments in benefits

Statutory text

(a)

Increase of dollar amounts

Whenever benefit amounts under subchapter II are increased by any percentage effective with any month as a result of a determination made under section 415(i) of this title—

(1)

each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section 1382 of this title, and subsection (a)(1)(A) of section 211 of Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the amount (if any) by which—

(A)

the amount which would have been in effect for such month under such subsection but for the rounding of such amount pursuant to paragraph (2), exceeds

(B)

the amount in effect for such month under such subsection; and

(2)

the amount obtained under paragraph (1) with respect to each subsection shall be further increased by the same percentage by which benefit amounts under subchapter II are increased for such month, or, if greater (in any case where the increase under subchapter II was determined on the basis of the wage increase percentage rather than the CPI increase percentage), the percentage by which benefit amounts under subchapter II would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, (and rounded, when not a multiple of $12, to the next lower multiple of $12), effective with respect to benefits for months after such month.

(b)

Publication in Federal Register of new dollar amounts

The new dollar amounts to be in effect under section 1382 of this title and under section 211 of Public Law 93–66 by reason of subsection (a) of this section shall be published in the Federal Register together with, and at the same time as, the material required by section 415(i)(2)(D) of this title to be published therein by reason of the determination involved.

(c)

Additional increases

Effective —

(1)

each of the dollar amounts in effect under subsections (a)(1)(A) and (b)(1) of section 1382 of this title, as previously increased under this section, shall be increased by $240 (and the dollar amount in effect under subsection (a)(1)(A) of section 211 of Public Law 93-66, as previously so increased, shall be increased by $120); and

(2)

each of the dollar amounts in effect under subsections (a)(2)(A) and (b)(2) of section 1382 of this title, as previously increased under this section, shall be increased by $360.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–368 § 6(b) · 88 Stat. 420

    Enacted · 42 U.S.C. § 1382f

    Aug. 14, 1935, ch. 531, title XVI, § 1617, as added Pub. L. 93–368, § 6(b), Aug. 7, 1974, 88 Stat. 421

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XVI, § 1617, as added Pub. L. 93–368, § 6(b), Aug. 7, 1974, 88 Stat. 421

    Enacted provision · exact public law section
    (b) Part A of title XVI of such Act is further amended by adding at the end thereof the following new section: “cost-of-living adjustments in benefits “Sec. 1617. Whenever benefit amounts under title II are increased 42 USC 1382f. 42 USC 401. by any percentage effective with any month as a result of determination made under section 215 (i), each of the dollar amounts in effect 42 USC 415. for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), (b) (2) of section 1611, and subsection (a) (1) (A) of section 211 of Ante, p. 421. 87 Stat. 154, 953. Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the same percentage (and rounded, when not a multiple of $1.20, to the next higher multiple of $1.20), effective with respect to benefits for months after such month; and such dollar amounts as so increased shall be published in Publication in Federal Register. the Federal Register together with, and at the same time as, the material required by section 215 (i) (2) (D) to be published therein by 42 USC 415. reason of such determination.”

  2. Pub. L. 97–248 title I § 182(a) · 96 Stat. 324

    1. Redesignated · 42 U.S.C. § 1382f

      Pub. L. 97–248 redesignated existing provisions as subsec. (a), revised method of computation into pars. (1) and (2) and among other changes increased base for rounding-off from a multiple of $1.20 to a multiple of $12.00

    2. Struck · 42 U.S.C. § 1382f

      Pub. L. 97–248 struck out provisions relating to publication of increased dollar amounts in the Federal Register

    3. Added · 42 U.S.C. § 1382f

      Pub. L. 97–248 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 97–248 redesignated existing provisions as subsec. (a), revised method of computation into pars. (1) and (2) and among other changes increased base for rounding-off from a multiple of $1.20 to a multiple of $12.00, and struck out provisions relating to publication of increased dollar amounts in the Federal Register, and added subsec. (b).

    Enacted provision · exact public law section
    (a) Section 1617 of the Social Security Act is amended to 42 USC 1382f. read as follows: “cost-of-living adjustments in benefits “Sec. 1617. (a) Whenever benefit amounts under title II are 42 USC 401. increased by any percentage effective with any month as a result of a determination made under section 215(i)— 42 USC 415. “(1) each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section 1611, and subsection (a)(1)(A) of section 211 of Public Law 93–66, as 42 USC 1382, 411. specified in such subsections or as previously increased under this section, shall be increased by the amount (if any) by which— “(A) the amount which would have been in effect for such month under such subsection but for the rounding of such amount pursuant to paragraph (2), exceeds “(B) the amount in effect for such month under such subsection; and “(2) the amount obtained under paragraph (1) with respect to each subsection shall be further increased by the same percentage by which benefit amounts under title II are increased for 42 USC 401. such month (and rounded, when not a multiple of $12, to the next lower multiple of $12), effective with respect to benefits for months after such month. “(b) The new dollar amounts to be in effect under section 1611 of Publication in Federal Register. 42 USC 1382, 411. 42 USC 415. this title and under section 211 of Public Law 93–66 by reason of this section shall be published in the Federal Register together with, and at the same time as, the material required by section 215(i)(2)(D) to be published therein by reason of the determination involved.”.

    Effective date note
    Pub. L. 97–248, title I, § 182(b), Sept. 3, 1982, 96 Stat. 405, provided that: “The amendment made by this section [amending this section] shall become effective on October 1, 1982.”

  3. Pub. L. 98–21 § 401(b) · 97 Stat. 65

    Inserted · 42 U.S.C. § 1382f(a)(2)

    Pub. L. 98–21, § 401(b), inserted provision that the amount obtained under par. (1) with respect to each subsection shall be further increased by the percentage by which benefit amounts under subchapter II of this chapter would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, if greater, in any case where the increase under subchapter II of this chapter was determined on the basis of the wage increase percentage rather than the CPI increase percentage

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 98–21, § 401(b), inserted provision that the amount obtained under par. (1) with respect to each subsection shall be further increased by the percentage by which benefit amounts under subchapter II of this chapter would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, if greater, in any case where the increase under subchapter II of this chapter was determined on the basis of the wage increase percentage rather than the CPI increase percentage.

    Enacted provision · exact public law section
    (b) Section 1617(a)(2) of such Act is amended by inserting “, or, if greater (in any case where the increase under title II was determined 42 USC 401. on the basis of the wage increase percentage rather than the CPI increase percentage), the percentage by which benefit amounts under title II would be increased for such month if the increase had been determined on the basis of the CPI increase percentage,” after “are increased for such month”.

  4. Pub. L. 98–21 § 401(a)(2) · 97 Stat. 65

    Substituted · 42 U.S.C. § 1382f(b)

    Pub. L. 98–21, § 401(a)(2), substituted “subsection (a) of this section” for “this section”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–21, § 401(a)(2), substituted “subsection (a) of this section” for “this section”.

    Enacted provision · exact public law section
    (2) Section 1617(b) of such Act is amended by striking out “this 42 USC 1382f. section” and inserting in lieu thereof “subsection (a) of this section”.

  5. Pub. L. 98–21 § 401(a)(1) · 97 Stat. 65

    Added · 42 U.S.C. § 1382f(c)

    Pub. L. 98–21, § 401(a)(1), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–21, § 401(a)(1), added subsec. (c).

    Enacted provision · exact public law section
    (1) Section 1617 of the Social Security Act is amended 42 USC 1382f. by adding at the end thereof the following new subsection: “(c) Effective July 1, 1983— “(1) each of the dollar amounts in effect under subsections (a)(1)(A) and (b)(1) of section 1611, as previously increased under 42 USC 1382. this section, shall be increased by $240 (and the dollar amount in effect under subsection (a)(1)(A) of section 211 of Public Law 93–66, as previously so increased, shall be increased by $120); 87 Stat. 154. and “(2) each of the dollar amounts in effect under subsections (a)(2)(A) and (b)(2) of section 1611, as previously increased under this section, shall be increased by $360.”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 211 of Public Law 93–66, referred to in subsecs. (a)(1), (b), and (c)(1), is section 211 of Pub. L. 93–66, title II, , 87 Stat. 154, which is set out as a note under section 1382 of this title.

Amendments1982–1983 · 2 rounds

1983

Subsec. (a)(2). Pub. L. 98–21, § 401(b), inserted provision that the amount obtained under par. (1) with respect to each subsection shall be further increased by the percentage by which benefit amounts under subchapter II of this chapter would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, if greater, in any case where the increase under subchapter II of this chapter was determined on the basis of the wage increase percentage rather than the CPI increase percentage.

Subsec. (b). Pub. L. 98–21, § 401(a)(2), substituted “subsection (a) of this section” for “this section”.

Subsec. (c). Pub. L. 98–21, § 401(a)(1), added subsec. (c).

1982

Pub. L. 97–248 redesignated existing provisions as subsec. (a), revised method of computation into pars. (1) and (2) and among other changes increased base for rounding-off from a multiple of $1.20 to a multiple of $12.00, and struck out provisions relating to publication of increased dollar amounts in the Federal Register, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Pub. L. 97–248, title I, § 182(b), , 96 Stat. 405, provided that: “The amendment made by this section [amending this section] shall become effective on .”

Cost-of-Living Increases; Cost-of-Living Computation Quarter Determinations

Payment of increased benefits under program covered in subchapter II of this chapter, see section 1 of Pub. L. 98–604, set out as a note under section 415 of this title.

Application to Northern Mariana Islands

For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, , 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

Credits

1935–1983 · 3 acts
  1. 1935Aug. 14, 1935, ch. 531, title XVI, § 1617, as added Pub. L. 93–368, § 6(b), , 88 Stat. 421
  2. 1982amended Pub. L. 97–248, title I, § 182(a), , 96 Stat. 404
  3. 1983Pub. L. 98–21, title IV, § 401, , 97 Stat. 138.
Show as published

(Aug. 14, 1935, ch. 531, title XVI, § 1617, as added Pub. L. 93–368, § 6(b), , 88 Stat. 421; amended Pub. L. 97–248, title I, § 182(a), , 96 Stat. 404; Pub. L. 98–21, title IV, § 401, , 97 Stat. 138.)

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